030ADV21Q081 - Film Cans for MBRS Library of Congress.pdf
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER
LSM20210032
5. SOLICITATION NUMBER
030ADV21Q0081
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
02/25/2021
7. FOR SOLICITATION INFORMATION
CALL:
a. NAME Contracts & Grants
b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL
TIME
03/29/2021 11:59:00
CODE 9410
Contracts & Grants Library of Congress Contracts & Grants Management 101 Independence Ave SE LA325 Washington, DC 20540-9410
9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
10. THE ACQUISITION IS
SEE
SCHEDULE
11. DELIVERY FOR FOB DESTINATION
UNLESS BLOCK IS MARKED 0 Days: 0.00 %
0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %
12. DISCOUNT TERMS
13a. THIS CONTRACT IS
RATED ORDER UNDER DPAS
13b. RATING
RFQ IFB X RFP
14. METHOD OF SOLICITATION
4691CODE15. DELIVER TO
National Audio Visual Center Packard Campus 19053 Mount Pony Road Culpeper, VA 22701-7551
CODE 941016. ADMINISTERED BY
Contracts & Grants Library of Congress Contracts & Grants Management 101 Independence Ave SE LA325
FACILITY
CODE
CODE
Telephone No.
17a. CONTRACTOR/
OFFEROR
9410CODE18a. PAYMENT WILL BE MADE BY Submit Invoices through https://www.ipp.gov Submit Invoices through https://www.ipp.gov Washington, DC 20540
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER SEE ADDENDUM
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS
CHECKED
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES
(Use Reverse and/or Attach Additional Sheets as Necessary)
21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT
See Lines
25. ACCOUNTING AND APPROPRIATION DATA
See Line Item Detail
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE
TERMS AND CONDITIONS SPECIFIED.
29. AWARD OF CONTRACT: REF. _____________________________ OFFER
DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,
IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) James Robinson
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 02/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
1 : :
1 : :
Document Number: 030ADV21Q0081 Page 1 of 30
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
PARTIAL FINAL
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
COMPLETE PARTIAL FINAL
36. PAYMENT 37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 02/2012) BACK
Document Number: 030ADV21Q0081 Page 2 of 30
Table of Contents
Section Description Page Number
B Supplies or Services and Prices/Costs LC52.216-3 Contract Type (JUN 2016) B.1, B.2, B.3 Ordering Periods, Contract Value, Price List
C Descriptions/Specifications/Statement of Work C Descriptions and Specifications
F Deliveries or Performance 52.242-15 Stop-Work Order (Aug 1989) F Deliveries or Performance
G Contract Administration Data LC52.201-3 Contract Administration (AUG 2015) LC52.204-5 Identification and Building Passes (Dec 2014) LC52.232-1 Library of Congress Invoice Instructions (Oct 2016) LC52.232-2 Schedule of Payments (JUN 2015)
H Special Contract Requirements LC52.201-1 Contracting Officer's Representative (COR) Appointment and Authority (Jan 2016) LC52.204-2 Physical Security (Mar 2015) LC52.204-4 Contractor Suitability (JAN 2019) LC52.237-2 Conduct of Work (May 2015)
I Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.203-3 Gratuities (Apr 1984) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.232-25 Prompt Payment (Jan 2017) 52.233-1 Disputes (May 2014) 52.242-13 Bankruptcy (July 1995) 52.243-1 Changes-Fixed-Price (Aug 1987) 52.245-1 Government Property (Jan 2017) 52.253-1 Computer Generated Forms (Jan 1991)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021)
52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) LC52.212-4 52.212-4 (DEV) Contract Terms and Conditions - Commercial Items (Feb 2016) LC52.212-5 52.212-5 (DEV) Contract Terms And Conditions Required To Implement Statutes Or Executive Orders - Commercial Items (MAY 2015) LC52.216-1 Order Placement - Single Award Indefinite Delivery Indefinite Quantity (Feb 2016) LC52.216-1 Alt I Order Placement - Alternative Ordering Procedures (Feb 2015) LC52.232-25 52.232-25 (DEV) Prompt Payment (Jul 2013) LC52.233-1 52.233-1 (DEV) Disputes (MAY 2014)
J List of Attachments K Representations, Certifications and Other Statements of Offerors or Respondents
52.212-3 Offeror Representations and Certifications--Commercial Items (Aug 2020) L Instructions, Conditions and Notices to Offerors or Respondents
52.212-1 Instructions to Offerors - Commercial Items 52.216-27 Single or Multiple Awards (Oct 1995) LC52.233-2 Protests to the Library of Congress (Dec 2013)
M Evaluation Factors for Award 52.212-2 Evaluation -- Commercial Items
Document Number: 030ADV21Q0081 Page 3 of 30
Section B - Supplies or Services and Prices/Costs
Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)
1 Moving Image Plastic Conservation Film Cans --
5 Yr Ordering Period
5.000000 YR
Period of Performance: 07/01/2021 - 06/30/2026
Reference Line: LSM20210032 - 0001
Pricing Options: Base
LC52.216-3 Contract Type (JUN 2016)
This is a solicitation for a single-award Indefinite Delivery, Indefinite Quantity (IDIQ) contract. Firm Fixed Price task orders and QB orders will be placed against the IDIQ contract resulting from this solicitation.
(End of Clause)
B.1, B.2, B.3 Ordering Periods, Contract Value, Price List
B.1. IDIQ Type and Periods of Performance
This is a solicitation for a single award, Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract. Orders issued under this contract shall be Firm Fixed Price (FFP), using either Task Order or QB ordering. The following section documents the anticipated ordering years:
Ordering Year 1: 07/01/2021 - 06/30/2022
Ordering Year 2: 07/01/2022 - 06/30/2023
Ordering Year 3: 07/01/2023 - 06/30/2024
Ordering Year 4: 07/01/2024 - 06/30/2025
Ordering Year 5: 07/01/2025 - 06/30/2026
As this IDIQ is being structured with Ordering Periods instead of Option Periods, yearly option exercises shall not be required.
B.2. Minimum and Maximum Amounts
a) The Library of Congress will order a minimum amount of $3,000.00. Specific requirements will be identified in individual orders issued under this contract. During the life of this contract, the Government may order items in any quantity up to the maximum spe-cified in paragraph b.
b) The cumulative value of all task orders issued under the IDIQ, shall not exceed the maximum of $249,000.00 for the life of the IDIQ contract.
B.3. Price List for Film Cans
The following chart shall contain the full price list for all products available under this contract, for each period of performance.
CLIN Year 1: 07/01/2021 - 06/30/2022 Unit Price 1aPlastic motion picture film can, 16mm, 400ft.
2aPlastic motion picture film can, 16mm, 800ft.
Document Number: 030ADV21Q0081 Page 4 of 30
3aPlastic motion picture film can, 16mm, 1200ft.
4aPlastic motion picture film can, 16mm, 1600ft.
5aPlastic motion picture film can, 16mm, 2000ft.
6aPlastic motion picture film can, 35mm, 400ft.
7aPlastic motion picture film can, 35mm, 1000ft.
8aPlastic motion picture film can, 35mm, 2000ft.
Year 2: 07/01/2022 - 06/30/2023 Unit Price
1bPlastic motion picture film can, 16mm, 400ft.
2bPlastic motion picture film can, 16mm, 800ft.
3bPlastic motion picture film can, 16mm, 1200ft.
4bPlastic motion picture film can, 16mm, 1600ft.
5bPlastic motion picture film can, 16mm, 2000ft.
6bPlastic motion picture film can, 35mm, 400ft.
7bPlastic motion picture film can, 35mm, 1000ft.
8bPlastic motion picture film can, 35mm, 2000ft.
Year 3: 07/01/2023 - 06/30/2024 Unit Price
1cPlastic motion picture film can, 16mm, 400ft.
2cPlastic motion picture film can, 16mm, 800ft.
3cPlastic motion picture film can, 16mm, 1200ft.
4cPlastic motion picture film can, 16mm, 1600ft.
5cPlastic motion picture film can, 16mm, 2000ft.
6cPlastic motion picture film can, 35mm, 400ft.
7cPlastic motion picture film can, 35mm, 1000ft.
8cPlastic motion picture film can, 35mm, 2000ft.
Year 4: 07/01/2024 - 06/30/2025 Unit Price
1dPlastic motion picture film can, 16mm, 400ft.
2dPlastic motion picture film can, 16mm, 800ft.
3dPlastic motion picture film can, 16mm, 1200ft.
4dPlastic motion picture film can, 16mm, 1600ft.
5dPlastic motion picture film can, 16mm, 2000ft.
6dPlastic motion picture film can, 35mm, 400ft.
7dPlastic motion picture film can, 35mm, 1000ft.
8dPlastic motion picture film can, 35mm, Document Number: 030ADV21Q0081 Page 5 of 30
2000ft.
Year 5: 07/01/2025 - 06/30/2026 Unit Price
1ePlastic motion picture film can, 16mm, 400ft.
2ePlastic motion picture film can, 16mm, 800ft.
3ePlastic motion picture film can, 16mm, 1200ft.
4ePlastic motion picture film can, 16mm, 1600ft.
5ePlastic motion picture film can, 16mm, 2000ft.
6ePlastic motion picture film can, 35mm, 400ft.
7ePlastic motion picture film can, 35mm, 1000ft.
8ePlastic motion picture film can, 35mm, 2000ft.
All unit prices include shipping prices built into the cost.
Section C - Descriptions/Specifications/Statement of Work
C Descriptions and Specifications
SPMI Plastic Film Cans (IDIQ) C.1. OVERVIEW / BACKGROUND. The Library of Congress (Library) requires contractor support to purchase conservation-qual-ity ventilated motion picture film cans for acetate and polyester-based motion picture film. Archival ventilated cans decrease the rate of decay by allowing proper airflow, which prevents acetic acid buildup. This allows the Library’s collections material to be pre-served and accessed by members of Congress and the public long into the future, in service of the Library’s mission.
C.2. SCOPE. The contractor shall provide the Library with conservation quality plastic 16mm- and 35mm-gauge motion picture film cans in a variety of sizes, manufactured to Library specifications.
C.3. REQUIREMENTS.
C.3.1. SPECIFICATIONS
To guarantee the durability and appropriate qualities required for long-term storage, the Library of Congress Preservation Research and Testing Division and the Conservation Division have developed preservation specifications for plastic film cans. The contractor’s film cans shall meet these specifications. Failure to meet these specifications could result in damage to the collection items. Require-ments for composition, fabrication, packaging, and testing for each Group of materials are defined in the Library’s Specifications 800 852 16 (Attachment A).
The contractor shall provide film cans as follows:
• The film cans must adhere to all the specifications listed in Specifications 800 852 16 Attachment A with the exception of flame retardant which is not required in this particular SOW.
• The film cans must feature interlocking lids, with a sidewall that reaches close to the bottom of the can (must cover 80% of can sidewall) to ensure that Product Requirement II.A.2. (see Attachment A, Construction), regarding lid fit, is met.
• The film cans must be free from any plastic shavings upon arrival. Plastic must be of sufficient hardness to not create shavings from regular and repeated contact with acetate or polyester motion picture film.
• The film cans must feature the Library of Congress seal.
C.3.2. SIZING
The contractor shall provide film cans in the following sizes.
Document Number: 030ADV21Q0081 Page 6 of 30
Film gauge Can storage size/film footage* Max. can diameter (inches) Max. can height (inches)
16mm 400 ft. 7.25 1.25 16mm 800 ft. 10.65 1.25 16mm 1200 ft. 12.5 1.25 16mm 1600 ft. 14.125 1.25 16mm 2000 ft. 15.25 1.25 35mm 400 ft. 7.375 1.73 35mm 1000 ft. 10.65 1.73 35mm 2000 ft. 15.5 1.73
*The storage size, listed as footage, must accommodate film that has been wound onto a standard 3” (three-inch) film core.
C.4. CONTRACT PERFORMANCE
C.4.1. DELIVERABLES. Contractor shall deliver conservation quality cans meeting the above C.3 Requirements in size and quantity requested in each order, as follows:
• All cans delivered in fulfillment of the terms of the contract must meet physical, chemical, and performance requirements stipulated in 3.1 Specifications and relevant sections of Library of Congress Specification 800-852-16 (see Appendix A).
Post-award samples will be tested throughout the life of the contract to ensure that all shipments conform to Library spe-cifications. The Library reserves the right to perform these tests at any time throughout the life of this contract.
• Freight and/or shipping costs shall be included in the per-unit can price.
• Cans may be delivered in one shipment or in numerous shipments, as agreed to by vendor and COR, provided costs do not increase beyond the value established in each order.
C.4.2. QUALITY CONTROL. The contractor shall develop and maintain an effective quality control program (QCP) to ensure ser-vices are performed in accordance with this contract. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which it assures itself that its work complies with the requirement of the contract.
• INSPECTION. Goods that do not meet specifications and requirements shall be rejected. The Library reserves the right to test, reject and request replacement of items up to one year after receipt of items. The Library will inform the contractor in writing of the reason(s) for a rejection.
• The contractor shall pay for return of failed housing supplies (film cans) and shipping of replacement items.
• The contractor shall have 60 days from the date of written notification regarding the failure to return corrected housing ma-terials at Contractor’s own expense.
• The Moving Image Section may randomly select samples from each delivery to be sent to the Preservation Research &
Testing Division for post-award testing.
5. ADDITIONAL INFORMATION
5.1. DELIVERY ADDRESS
The Library of Congress
Packard Campus for Audio Visual Conservation
19053 Mt. Pony Rd.
Culpeper, VA 22701
Document Number: 030ADV21Q0081 Page 7 of 30
APPENDIX A: The product Specifications are located in the attached document to this solicitation, Attachment A, and can also be found online at the following address:
https://www.loc.gov/preservation/resources/specifications/specs/800-852_16.pdf
Section F - Deliveries or Performance
PERIOD OF PERFORMANCE
ITEM START END
1 07/01/2021 06/30/2026
Clause Title Fill-ins
52.242-15 Stop-Work Order (Aug 1989)
F Deliveries or Performance
F.1. Deliveries
Library of Congress National Audio-Visual Conservation Center Library of Congress Packard Campus 19053 Mount Pony Road Culpeper, VA 22701-7551
Section G - Contract Administration Data
LC52.201-3 Contract Administration (AUG 2015)
This contract will be administered by:
Library Contracting Officer: James Robinson Phone: 202-707-9053 Email: jarobinson@loc.gov
Library Contract Specialist: Gail MacFarquahar Phone: 202-707-0724 Email: gmac@loc.gov
Library Contracting Officer's Representative: tbd Phone: TBD Email: TBD
Contractor Contract Administrator: TBD Phone: TBD Email: TBD
(End of clause)
Document Number: 030ADV21Q0081 Page 8 of 30
LC52.204-5 Identification and Building Passes (Dec 2014)
(a) The Contractor shall schedule with the COR time for contractor staff to be available to receive Library-issued photo identification badges prior to starting work.
(b) The Contractor shall provide instruction and ensure that each employee performing work under this contract displays their photo-identification badges at all times they are present on-duty in the building. Refusal or repeated neglect to display the photo-identification may result in an unsuitability determination.
(c) Upon termination, resignation or other event leading to a contract employee leaving duty under this contract, the Contractor is re-sponsible for returning all Government identification, building passes, keys, and other Government property issued to that employee.
Failure on the part of the Contractor may result in the Contractor's liability for all costs associated with correcting the resultant breech in building security.
(d) The requirements of this clause are applicable to and shall be observed by all subcontractors who perform work at all Library of Congress facilities.
(e) The Contractor shall ensure that all employees, both directly employed and subcontracted, contractor’s and sub-contractors, obtain Library ID badges. Badges shall be visibly displayed at all times while in Library premises. The Library will issue badges without charge. Contractor shall accurately maintain a list of employee badge number on the Employee Roster and provide updates to the COR upon request. An employee’s badge shall be returned within 5 days from the termination of that employee’s employment. All badges shall be returned at the completion/termination of the contract.
(End of clause)
LC52.232-1 Library of Congress Invoice Instructions (Oct 2016)
The Contractor must prepare and submit invoices electronically to: https://www.ipp.gov. The Contractor may submit payment requests using other than electronic means only when alternate procedures are authorized by the contracting officer in writing. Assistance is available via the IPP Help Desk via email at: ippgroup@bos.frb.org or by commercial telephone at (866) 973-3131. Invoices shall contain the information required in FAR 52.212-4, paragraph (g).
(End of Clause)
LC52.232-2 Schedule of Payments (JUN 2015)
The contractor must submit invoices for payment upon delivery of the items or successful performance of the events identified below pursuant to the standards and acceptance criteria defined in this contract.
Deliverable Date Delivery of Goods specified in each Order issued under this IDIQ contract
Upon delivery and acceptance of Goods by COR
(End of clause)
Section H - Special Contract Requirements
LC52.201-1 Contracting Officer's Representative (COR) Appointment and Authority (Jan 2016)
(a) Performance of work under this contract is subject to the technical direction of the COR. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the contract are accomplished satisfactorily.
(b) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:
(1) Constitutes additional work outside the contract specification(s)/work statement;
Document Number: 030ADV21Q0081 Page 9 of 30
(2) Constitutes a change as defined in the “Changes” clause of this contract;
(3) Causes an increase or decrease in the contract price, or the time required for contract performance;
(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;
(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or
(6) Directs, supervises or otherwise controls the actions of the contractor's employees.
(c) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.
(d) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opin-ion of the contractor, any direction of the COR or the designated representative falls within the limitations of (b) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.
(e) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the “Disputes” clause of this contract.
(End of clause)
LC52.204-2 Physical Security (Mar 2015)
Access to Library buildings and grounds is governed by 36 C.F.R. part 702 - Conduct on Library Premises. Contractor staff must com-ply with requirements and restrictions and related Library of Congress Regulations and Directives.
(End of clause)
LC52.204-4 Contractor Suitability (JAN 2019)
Work under this contract is unclassified. However, the Library of Congress has a contractor suitability program, which includes back-ground investigations of contractor personnel who will have regular, ongoing, unescorted access to the Library’s buildings, grounds, collections, or information technology systems to ensure they meet basic standards of honesty and trustworthiness.
(1) Any access to non-public Library facilities and information technology systems will require completion and successful vetting of a security application request (release forms, fingerprints, and, if applicable, E-QIP background investigation.) Contracts should anticip-ate a minimum of two weeks for the process, provided no adverse of incomplete information is received.
(2) The Library does not determine the suitability of employees to work for the contractor firm that hires them. The Library’s interest is in determining whether the contractor personnel should be granted access to Library facilities greater than the access that would be afforded to a member of the general public.
(3) The contractor will ensure the Library’s Personnel Security Office is notified of all changes to personnel performing work on this contract. The Personnel Security Office can be notified at the following email address: PSD@loc.gov and contacted via phone at:
(202) 707-5618.
(4) The fact that the Library may conduct background investigations on assigned contractor personnel does not relieve the contractor of the responsibility to provide qualified, reliable personnel of sound character and conduct.
(End of clause)
LC52.237-2 Conduct of Work (May 2015)
Document Number: 030ADV21Q0081 Page 10 of 30
The personnel employed by the Contractor shall be capable employees qualified in this type of work. The Contractor shall be respons-ible for all damage to Library property by the activities of his employees resulting from these operations. The Contracting Officer may require removal from work on this contract any employee(s) that may be deemed incompetent, careless, insubordinate, unsuitable, or otherwise objectionable, or whose continued employment is deemed contrary to the public interest or inconsistent with the best in-terest of or the security of the Library.
(End of clause)
Section I - Contract Clauses
52.252-2 Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon re-quest, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/ these address(es):
https://www.acquisition.gov/browse/index/far Clause Title Fill-ins
52.203-3 Gratuities (Apr 1984)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May
2011)
52.204-13 System for Award Management Maintenance (Oct 2018)
52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)
52.232-25 Prompt Payment (Jan 2017)
52.233-1 Disputes (May 2014)
52.242-13 Bankruptcy (July 1995)
52.243-1 Changes-Fixed-Price (Aug 1987)
52.245-1 Government Property (Jan 2017)
52.253-1 Computer Generated Forms (Jan 1991)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS—COMMERCIAL ITEMS (JAN 2021)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (JAN 2021)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con-tract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Divi-sion E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor-porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]
Document Number: 030ADV21Q0081 Page 11 of 30
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C.
4704 and 10 U.S.C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C.
6101 note).
__ (5) [Reserved] __ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
__ (10) [Reserved] __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (MAR 2020) (15 U.S.C. 657a).
__ (ii) Alternate I (MAR 2020) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (MAR 2020) of 52.219-4.
__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-6.
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (NOV 2016) of 52.219-9.
__ (iii) Alternate II (NOV 2016) of 52.219-9.
__ (iv) Alternate III (JUN 2020) of 52.219-9.
__ (v) Alternate IV (JUN 2020) of 52.219-9.
__ (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (MAR 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).
__ (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).
X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
X (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).
X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (July 2014) of 52.222-35.
X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
__ (ii) Alternate I (July 2014) of 52.222-36.
__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
X (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C.
6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O.
Document Number: 030ADV21Q0081 Page 12 of 30
13693).
__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (OCT 2015) of 52.223-13.
__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (48) 52.225-1, Buy American—Supplies (JAN 2021)) (41 U.S.C. chapter 83).
__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (JAN 2021) of 52.225-3.
__ (iii) Alternate II (JAN 2021) of 52.225-3.
__ (iv) Alternate III (JAN 2021) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
__ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Con-tracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Ser-vices—Requirements (MAY 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records re-lating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made
Document Number: 030ADV21Q0081 Page 13 of 30 available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Divi-sion E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold spe-cified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down re-quired in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018)(41 U.S.C. chapter 67).
(xiii) __ (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).
__ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Ser-vices—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C.
2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.216-18 Ordering (Aug 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 06/01/2021 through 05/31/2026 [insert dates].
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when--
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either--
Document Number: 030ADV21Q0081 Page 14 of 30
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of clause)
52.216-19 Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor--
(1) Any order for a single item in excess of $100,000;
(2) Any order for a combination of items in excess of $249,000; or
(3) A series of orders from the same ordering office within 30 days days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regula-tion (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
52.216-22 Indefinite Quantity (Oct 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quant-ity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of or-ders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple loca-tions.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Con-tractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Con-tractor shall not be required to make any deliveries under this contract after 05/31/2027 [insert date].
(End of clause)
52.217-8 Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of-ficer may exercise the option by written notice to the Contractor within 45 days of the period of performance end date of the contract.
(End of clause)
Document Number: 030ADV21Q0081 Page 15 of 30
LC52.212-4 52.212-4 (DEV) Contract Terms and Conditions - Commercial Items (Feb 2016)
(a) FAR 52.212-4, Contract Terms and Conditions – Commercial Items. The clause is modified as follows:
(1) The Library will apply FAR 52.243-1 (Changes – Fixed Price) to any changes under this contract instead of section (c).
(2) The reference in section (d) to the Disputes clause at FAR 52.233-1 refers to the clause as modified by the Library.
(3) The references in section (g)(2) and (i)(2) to the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 C.F.R. part 1315 refer instead to the Prompt Payment clause at FAR 52.232-25 as modified by the Library.
(End of clause)
LC52.212-5 52.212-5 (DEV) Contract Terms And Conditions Required To Implement Statutes Or Executive Orders - Commercial Items (MAY 2015)
(a) FAR 52.212-5, The clause is modified as follows:
(1) The Librarian of Congress has the same rights and access provided to the Comptroller General in FAR 52.212-5.
(End of clause)
LC52.216-1 Order Placement - Single Award Indefinite Delivery Indefinite Quantity (Feb 2016)
Orders will be issued by the contracting officer via e-mail. While the Library reserves the right to unilaterally issue orders for work identified in this contract, the Library will generally solicit proposals and issue orders bi-laterally, in which case the signature of the vendor and the contracting officer are necessary for full execution of each order. All orders are subject to the terms and conditions of this contract. In the event of a conflict between an order and this contract, the contract shall control.
The contractor shall not accept orders which exceed the "not-to-exceed" amount of the contract or which are placed after the end of the contract ordering period.
(End of clause)
LC52.216-1 Alt I Order Placement - Alternative Ordering Procedures (Feb 2015)
Orders will be issued by the contracting officer or COR (if QB order) via Task Orders or QB Orders. Orders issued under this contract are effective upon the date at any time during the Period of Performance of the contract.
All orders are subject to the terms and conditions of this contract. In the event of a conflict between an order and this contract, the con-tract shall control.
The contractor shall not accept orders which exceed the "not-to-exceed" amount of the contract or which are placed after the end of the contract ordering period.
(End of clause)
LC52.232-25 52.232-25 (DEV) Prompt Payment (Jul 2013)
The Library of Congress is not an agency subject to the Prompt Payment Act. 31 U.S.C 3901(a)(1). The clause is modified as follows.
(1) The following new paragraph (iv) is added to the conditions for paying interest penalty payments in section (a)(4): “(a)(4)(iv)…
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