030ADV23R0038 - Final Solicitation.pdf

PAGE 1 OF1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS 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:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED 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 CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

See SCHEDULE

030ADV23R0038 03-09-2023

Lucas, Tiffany (202) 707-5688 04-06-2023

12:00 PM EDT

Contracts and Grants Directorate Library of Congress

101 Independence Ave. SE LA 325 Washington DC 20540-9411

X

N/A

X

DELIVERY

See Section F for delivery instructions.

Contracts & Grants Directorate Library of Congress

LA 325

101 Independence Av SE Washington DC 20540-9411

Submit Invoices through https://www.ipp.gov Washington DC 20540

See CONTINUATION Page

See CONTINUATION Page

X X

Lucas, Tiffany

030ADV23R0038

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

B.2 LC52.216-3 CONTRACT TYPE (JUN 2016)

B.3 PRICING

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

D.1 LC52.211-1 DELIVERIES (APR 2015)

D.2 LC52.231-1 PAYMENT OF POSTAGE FEES (MAY 2015)

D.3 LABELING AND PACKAGING

D.4 SHIPPING SCHEDULE

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 LC52.215-5 PLACE AND PERIOD OF PERFORMANCE (JAN 2019)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 LC52.201-2 ORDERING OFFICERS (OCT 2013)

G.2 LC52.201-3 CONTRACT ADMINISTRATION (AUG 2015)

G.3 LC52.232-1A LIBRARY OF CONGRESS INVOICE INSTRUCTIONS (OCT 2016)

G.4 LC52.232-2 SCHEDULE OF PAYMENTS (JUN 2015)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 LC52.201-1 CONTRACTING OFFICER'S REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY (JAN 2016)

H.2 LC52.203-1 CONTRACTOR PUBLICITY (OCT 2013)

H.3 LC52.204-3 INFORMATION SYSTEMS SECURITY (SEP 2018)

H.4 LC52.237-1 KEY PERSONNEL (AUG 2014)

H.5 LC52.237-2 CONDUCT OF WORK (MAY 2015)

H.6 LC52.239-1 INFORMATION SECURITY (APR 2021)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

I.3 52.216-18 ORDERING (AUG 2020)

I.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

030ADV23R0038

I.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.6 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

I.7 LC52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DEV) (FEB 2016)

I.8 LC52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS - COMMERCIAL ITEMS (DEV) (MAY 2015)

I.9 LC52.216-2 FAIR OPPORTUNITY (FEB 2020)

I.10 LC52.227-1 ASSIGNMENT OF COPYRIGHT TO THE LIBRARY OF CONGRESS (DEC 2001)

I.11 LC52.232-25 PROMPT PAYMENT (DEV) (JUL 2013)

I.12 LC52.233-1 52.233-1 (DEV) DISPUTES (MAY 2014)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

Section J – List of Attachments

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

K.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 LC52.215-1 PROPOSAL SUBMISSION INSTRUCTIONS - BEST VALUE TRADE-OFF (JUL 2016)

L.2 LC52.233-2 PROTESTS TO THE LIBRARY OF CONGRESS (DEC 2013)

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 LC52.215-2 EVALUATION - BEST VALUE TRADE-OFF (FEB 2020)

030ADV23R0038 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5.00 YR _______________

Commercial Conversion Contract Period: Base POP Begin: 05-25-2023 POP End: 05-24-2028

GRAND TOTAL _______________

B.2 LC52.216-3 CONTRACT TYPE (JUN 2016)

This is a solicitation to issue multiple Indefinite Delivery/Indefinite Quantity (IDIQ) contracts. Individual orders will be placed on a firm fixed price (FFP) basis, the cumulative value of which shall not exceed the maximum defined in the contract.

(End of Clause)

B.3 PRICING

B.3.1 ANNUAL MINIMUM AND MAXIMUM

Minimum Amount: the total amount of titles the Library is required to order under each IDIQ contract and the Contractor is required to furnish as ordered, over the term of the contract, inclusive of all ordering periods. The minimum titles is: 50.

Maximum Amount: the total maximum amount of titles the Library is permitted to order under each IDIQ contract and the Contractor is required to furnish as ordered, over the term of the contract, inclusive of all ordering periods. The maximum titles is: 100,000.

B.3.2 PRICING SCHEDULE

Description of Titles Unit

Ordering Period I Unit Price

05/25/23-05/24/24

Ordering Period II Unit Price

05/25/24 – 05/24/25

Ordering Period III Unit Price

05/25/25 – 05/24/26

Ordering Period IV Unit Price

05/25/26 – 05/24/27

Ordering Period V Unit Price

05/25/27 – 05/24/28

Standard Title

(English Language)

Commercial Conversion Each

Standard Title

(English Language)

Express Commercial Conversion Each

Spanish Language

Commercial Conversion Each

Spanish Language Express

Commercial Conversion Each

French Language

Commercial Conversion Each

French Language Express

Commercial Conversion Each

Mandarin Chinese

Language

Commercial Conversion Each

Mandarin Chinese

Language Express Each

Commercial Conversion

Korean Language

Commercial Conversion Each

Korean Language

Express Commercial Conversion Each

Portuguese (Brazilian) Language

Commercial Conversion Each

Portuguese (Brazilian) Language Express

Commercial Conversion Each

Arabic Language

Commercial Conversion Each

Arabic Language

Express Commercial Conversion Each

German Language

Commercial Conversion Each

German Language

Express Commercial Conversion Each

Narration of Supplemental

Material (Standard

Titles only) Commercial

Plus +

Per

Narrated Minute

NAV MARKERS Per NAV Marker over 500

Standard Title Commercial Conversion – Standard Title (English language) includes the audio recording of the title’s contents plus the opening and closing announcements (refer to Section 3.2.3.1 and 3.2.3.2 of Specification 1208 for definition of opening and closing announcements) for a complete Digital Talking Book (DTB). The turnaround time for a Standard Title is 14 days.

Standard Title Express Commercial Conversion – The turnaround time for Standard Title Express conversion is 48-72 hours. This can happen if a best-seller is received by NLS, and Patrons want to receive it as soon as possible.

Foreign Language Commercial Conversion - Includes the title’s contents plus the audio of the opening and closing announcements in a foreign language for a complete DTB in that foreign language. The turnaround time is 14 days.

Note: In the event there is no offer for a particular foreign language under the contract, the Library may assign a foreign language title to a producer and the producer will be required to include the audio of the opening and closing of the announcements in English. In this instance, the announcements will be in English and the rest of the book will be in a foreign language. The conversion will be paid in the same manner as a Standard Title because the announcements will be in English.

Foreign Language Express Commercial Conversion – Includes an express submission turnaround of 48-72 hours. This can happen if a best-seller is received by NLS, and Patrons want to receive it as soon as possible.

Commercial Plus + - Includes the narration of the title’s contents and announcements along with supplemental material (refer to Section C.4.7 for a list of sample supplemental materials). Narration of the supplemental material will only be required for Standard Titles.

Nav Markers/NavPoints – Each title is to include nav markers (markup) that allow readers to identify chapters and headings (refer to Specification 1202 reference QA201801 for full definition).

Annotations - Per specification #1208, narrated annotation is required for each DTB conversion. However, a very small number of titles will require Spanish narration of the annotation (estimated to be less than 100 titles a year), French narration of the annotation (estimated to be less than 30 per year), and, although not required (only if a producer has capability), narrated annotations in Mandarin Chinese, Korean, Portuguese (Brazilian), Arabic and German (estimated to be less than 5 annually for each).

B.3.3 NAV MARKERS

Each Commercial Conversion title includes the cost of 500 nav markers. At the issuance of each order, all titles will be provided an estimated amount of nav markers. If the nav markers for a specific title will exceed 500, the contractor shall cease work and contact the Contracting Officer Representative (COR) with an updated nav marker estimate. Work shall not re-commence until permission has been provided by the COR and the Contracting Officer and/or Ordering Officer has modified the order to obligate additional funds to cover the actual cost.

(please note that only in very rare cases would a commercial book be assigned that required more than 500 nav markers)

B.3.4 COMMERCIAL PLUS + (HYBRID TITLES)

Commercial Plus+ are hybrid titles that will be priced in two parts. The fixed price for the commercial conversion of each title will apply in addition to the estimated minutes times the per-minute price for supplemental material narration.

B.3.5 ORDERS

In the event that a task order period of performance crosses ordering periods as defined in Section B, task order unit pricing must comply with the annual price that is current at the time the order is placed. No blended rates will be authorized at the order level.

030ADV23R0038 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 OVERVIEW / BACKGROUND

NLS provides a collection of reading material in Braille and audio format available to residents of the United States and American citizens living abroad who cannot hold, handle or read standard print material because of a temporary or permanent visual or physical limitation. NLS has more than 138,000 titles in its collection via the NLS reader platform –Braille and Audio Reading Download (BARD). NLS continues to add thousands of titles annually. Books produced by contractors for NLS are distributed to more than 280,000 active patrons out of a potential eligible population of three million, through a cooperating network of fifty-five regional libraries, thirty sub-regional libraries and fourteen advisory outreach centers. These libraries are not operated by NLS but by states, municipalities, and other groups. Commercial content converted into accessible format contributes to a significant percentage of the collection that’s made available to patrons.

The Library of Congress, National Library Service for the Blind and Print Disabled (NLS) requires the conversion of standard digital audio files of commercially published titles to a proprietary NLS Digital Talking Book (DTB) encrypted format. Short audio introduction narration must be added to each title and navigation markers (NavPoints) marked to key areas of the book such as chapters. The Contractor shall either purchase a commercially available product or create their own software in order to accomplish the conversions.

C.2 DTB DEFINITION

The NLS DTB consists of a set of audio files (the book itself) and additional files in compliance with ANSI/NISO Standard Z39.86 – 2002. The main additional files include a Package File (OPF) containing metadata, a Navigation Control File (NCX) containing pointers to items in the book such as chapter headings, and a SMIL Synchronization File listing the locations of the audio clips.

In addition, a few small audio files, such as an annotation describing the book, must be created and added. The structure of a DTB is described in detail in NLS Specification #1203. Please refer to Attachment J1 for a complete list of definitions.

C.3 SCOPE

The contractor shall create DTB’s from NLS provided digital audio files and shall submit these files in accordance with, NLS Specifications #1202,#1203, #1205, #1206 and #1208 incorporated herein (See Section J) and made a part hereof, and any “Special Instructions” issued with titles during the performance of the contract.

Copies of the specifications are available at Contract Specifications - National Library Service for the Blind and Print Disabled (NLS) | Library of Congress (loc.gov) .

C.4 REQUIREMENTS

The contractor shall perform the following:

C.4.1 DTB Creation The contractor shall create DTBs from NLS provided digital audio files. The DTBs shall be consistent with all NLS Specifications, unless special instructions are noted on the Production Authorization Record (PAR) provided by NLS to the contractor via the Producer Data Exchange (PDE) web site (link provided upon award).

The contractor shall also narrate and insert audio files of the short additional announcements required in order to create a DTB compliant with NLS Specification #1208. DTBs created under this contract shall not contain a textual content file and shall contain at least a basic structured Type 2 audio Navigation Control File (NCX), as described in section 13 of ANSI/NISO Z39.86-2002. Navigation Control (NCX) files are defined in section 8 and Type 2 NCX are defined in section 13 of ANSI/NISO Z39.86-2002. Refer to NLS specification #1203 and ANSI/NISO Z39.86-2002 for details. Samples of the products that precisely meet all applicable requirements may be required at any time during the performance of the contract.

C.4.2 Navigation The NCX shall be created in accordance with NLS Specification #1203. Contractors shall refer to “Guidelines for Applying Navigation Markers to DTBs” (available at http://www.loc.gov/nls/specs/ ) for general background information on implementing navigation in DTBs. The contractor is responsible for applying the appropriate navigation in line with NLS Specifications and Guidelines.

C.4.3 DTB Production Tools The contractor is responsible for production of DTBs acceptable to NLS and may develop their own production tools or use outside sources.

C.4.4 DTB Upload Once the DTB files are prepared, the contractor shall upload copies of the set of files to the assigned upload site provided by NLS. A listing of files to be submitted and how each file shall be labeled is detailed in Specification #1206. A brief list of the files to be submitted are provided below:

Wavfiles Unprotected DTB Protected DTB

C.4.5 DTB Review Copy Submission for NLS Evaluation Upon completion of the DTB, the contractor shall “check in” one Review Copy consisting of the digital files as listed in NLS Specifications #1206 and #1208 to the NLS Quality Assurance Section (QAS) via the PDE (see Specification #1206) for review and approval. Once a book has been checked in, the contractor will no longer be able to make changes to the files.

C.4.5.1 DTB Delivery Instructions and Timetables For Standard Titles, upon receipt of the files and a PAR from NLS, the contractor will have 14 calendar days to complete a DTB and check in the finished product on the PDE website.

C.4.5.2 DTB Final Copy Submission The contractor shall deliver the product by first uploading the DTB to the NLS assigned sftp site. Contractor must then check the DTB in to the NLS QAS, using the PDE web site. For Standard Titles and Foreign Language Titles, contractor must “check in” the finished product within fourteen (14) calendar days after NLS provides the contractor with all necessary materials. For Express Standard and Express Foreign Language Titles, the contractor must “check in” the finished product within two (2) calendar days after NLS provides the contractor with all necessary materials.

C.4.6 Narrators and Designation of Narrators on PDE For narration of NLS announcements, the contractor must ensure the narrator is registered on the NLS roster of active narrators.

NLS auditions are not required. However, proposed narrators must be submitted to the controller and added to the roster prior to a narrator being assigned to a book.

Until a system is developed to allow direct input, for books involving narrators not already listed in the NLS Production inventory control system (PICS) database, the contractor shall contact, via e-mail, the QAS with the name/number of each book, the correctly spelled narrator name, and the narrator’s gender so that the narrator information can be entered into the database. Books may not be uploaded until this is done. Contractor may provide this information to NLS in batches. Once the narrator is in the PICS database.

The contractor shall “check in” each book using the PDE screen.

C.4.7 COMMERCIAL PLUS + (Hybrid Titles) Commercial Plus + conversions are hybrid titles that combine the standard conversion of the commercial DTB with the opening and closing announcements with the narration of supplemental material not provided in the commercial audio file. This is material that NLS deems important for Patrons to access. This will include but is not limited to photo captions, end notes, bibliographies, appendices, or other supplemental material. Special instruction pertaining to material type will be provided either directly by the production controller/COR, or included as special instructions/notes under the assignment in the Production system.

C.4.8 INSPECTION OF DTB DELIVERABLE FILES AND INFORMATION

Contractor shall be responsible for an inspection of digital masters supplied by NLS prior to DTB creation. Unsatisfactory or abridged masters shall not be converted. The contractor must notify the NLS COR via e-mail of any issues they encounter with the supplied masters.

C.5 GOVERNMENT FURNISHED PROPERTY

Government Furnished Property (GFP) will be provided to the contractor as it becomes available to NLS. The due dates for individual titles will be based on the dates the GFP is supplied to the contractor.

The following items are considered GFP:

C.5.1 Audio Files NLS will supply audio books to the contractor as digital audio files, typically in Waveform Audio File (WAV) or MP3 format.

NOTE: Digital audio files, masters, and all associated files making up the DTB are the property of the Library of Congress. Permission to delete master files must be provided by NLS in writing.

The cost of storage of master recordings, handling, and return shipment to NLS if requested shall be included in the costs of this contract. The contractor shall not delete any NLS files, including digital audio files, masters, and all associated files without written permission from NLS. Any changes to the NLS requirements regarding these files must be in writing. Verbal communication alone is not acceptable.

C.5.2 Production Authorization Record Instructions and Added Text NLS will provide via web site a Production Authorization Record (PAR) and an initial DTB package file (OPF) for each title assigned.

The contractor shall add any necessary files as specified in the PAR. If the PAR or OPF require revision, the contractor shall submit all proposed changes in writing (email is acceptable) to NLS for approval. Approval or rejection of proposed changes will be made in writing (email). NLS-initiated changes to the PAR and/or OPF will also be provided to the contractor in writing (email).

C.5.3 Print Copies of Books NLS will not provide print copies of titles in most cases. In addition, since the print version of the title is often not yet available, the contractor will not be able to purchase a copy. Therefore, the contractor must be able to recognize and apply appropriate navigation markers to chapters, sections, etc. from the audio files only.

C.5.4 NLS Upload Site NLS will provide an ftp web site for uploading of completed files. The NLS shall provide the contractor with details required to gain access to this site (see Specification #1206).

C.5.5 Producer Data Exchange NLS will provide a PDE web site for checking in books, reporting production process, and receiving documents such as PAR and initial OPF files from NLS. The contractor will be issued a login and password for this site.

C.6 REPORTING BETWEEN CONTRACTOR AND NLS

The contractor shall use the PDE to provide reports to NLS. A listing of books assigned to a contractor, along with the PAR, will be posted to the PDE web site by NLS. The Contractor shall report contract activity to NLS as listed on the PDE screen for each title within two (2) business days of the activity. The following information is presently required to be added on the “Digital Book (DB) Check In” screen:

• Book number, (provided by NLS)

• Mastering agency, provided by contractor (for contracts with multiple studio locations)

• Actual start date, provided by contractor (date narration began)

• Minutes (total length of narration in minutes)

• Narrator name(s) for the audio files of the book itself (not announcements)

• Date Control Copy was uploaded to NLS

The format and information of the reporting function is subject to change by NLS at any time. Contractors will be notified of any changes prior to implementation of the change.

C.7 QUALITY CONTROL

The contractor shall develop and maintain an effective quality control plan (QCP) to ensure services 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 plan is the means by which it assures itself that its work complies with the requirements of the contract. The QCP shall be delivered with proposal submission. After acceptance of the quality control plan the contractor shall obtain the contracting officer’s acceptance in writing of any proposed change to its QC system. To ensure that the products precisely meet all requirements in the NLS specifications referenced above, the Library may require samples at any time during the period of performance.

C.7.1 TESTING AND QUALITY ASSURANCE

C.7.1.1 Quality standards

The contractor is responsible for the day-to-day inspection and monitoring of the contractor work performed to ensure compliance with contract requirements. The results of all contractor quality control inspections conducted shall be documented on inspection reports and provided to the NLS COR as requested. All work performed under this contract shall be of the highest quality and in keeping with the best practices of the industry. Services rendered under this contract shall be of sufficient quality to ensure timely delivery of supplies/provision of services, optimum satisfaction on the part of NLS, and adequate protection of the Government's assets.

C.7.1.2 Quality checks

Before the creation of a DTB, the contractor shall perform quality checks in accordance with NLS Specification 1208. Books found to be incomplete or unacceptable shall not be used. The contractor shall report any problems observed to QAS for further instructions.

C.7.1.3 Quality Assurance Evaluations

Once evaluation of the Review Copy is completed by the QAS, NLS will make the result of the evaluation available on the PDE.

C.8 SCHEDULE OF DELIVERABLES

Paragraph reference Description of Deliverable Due Date C.4.8 Inspect Digital Masters sent by

NLS

Prior to DTB creation

C.4.5.2 DTB Final Copy Submission Standard conversion within fourteen (14) calendar days after NLS provides the contractor with all necessary materials.

Express Commercial Conversion for Standard and Foreign Language Titles within two to three (2-3) calendar days (as indicated by the Library) after NLS provides the contractor with all necessary materials, C.6 Provide contract activity to NLS for each title

Within two (2) business days of the activity.

C.9 PRODUCTION, WARRANTY & WARRANTY REPLACEMENT

The contractor shall provide a two (2) year warranty for all audio books converted. The contractor shall be responsible for replacing defective audio books for the full two (2) year warranty period. The warranty period shall extend to the last day of the twenty-fourth month after which the book was approved by QAS.

The contractor shall cover production and warranty replacement, if necessary, of books produced during the period of performance under this contract.

C.10 KEY PERSONNEL

The contractor shall designate a project manager as key personnel to be the point of contact for discussion of any concerns with the Contracting Officer Representative (COR). The project manager shall be responsible for the communication, timeliness, and overall quality assurance of production. The project manager shall have a minimum of three (3) years of experience, managing at least two projects of the same scope and scale to the requirements identified in Section C.

If the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding thirty (30) work days, or is expected to devote less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the COR and CO and the contractor shall promptly replace such personnel with personnel of at least equal ability and qualifications in accordance with LC52.237-1 – Key Personnel.

All requests for approval of substitutions hereunder shall be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute, and any other information requested by the COR to approve or disapprove the proposed substitution. The COR or his authorized representative will evaluate such requests and promptly notify the contractor of his approval or disapproval thereof in writing.

If the Contracting Officer (CO) determines that suitable and timely replacement of key personnel whom the contractor has reassigned or terminated, or who have otherwise become unavailable for the work, is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the services ordered, the CO may terminate the contract for default or for the convenience of the Government as appropriate or, at the discretion of the CO, the CO may adjust the contract price downward to compensate the Government for any resultant delay, loss, or damage, in accordance with FAR 52.243-1.

C.11 COMPLETION/PERFORMANCE OF OTHER NLS CONTRACTS

If performance on this contract, or other contracts with NLS in progress at time of award of this contract, deteriorates in terms of quality of work or timeliness of delivery, or, if such contracts are not completed satisfactorily, or if in the opinion of the contracting officer defects found to be caused solely through the fault of the contractor are of such serious nature that substantial performance of such contracts is not being achieved, the government may consider such performance to determine its impact on performance under this contract in terms of quality of work and timeliness. If the deterioration or failure of performance is determined to negate responsibility of the contractor as being able to meet requirements of this contract, the government may consider partial termination or termination for default.

030ADV23R0038 Section D

SECTION D - PACKAGING AND MARKING

D.1 LC52.211-1 DELIVERIES (APR 2015)

All deliveries submitted to the CO or the COR or other Library personnel designated to receive deliverables shall clearly indicate the following information:

a. Agency/Requiring Library Service Unit and MAIL STOP/Room Number

b. Description of information/data being submitted

c. Contract Number

d. Contractor Name and Address

(End of Clause)

D.2 LC52.231-1 PAYMENT OF POSTAGE FEES (MAY 2015)

All postage and fees related to submission of information, including forms, and reports, etc., to the Contracting Officer or Contracting Officer’s Representative (COR) or other persons designated to receive, shall be paid by the Contractor.

(End of Clause)

D.3 LABELING AND PACKAGING

The contractor shall upload the DTB files and submit to NLS via the internet (see Section J for NLS Specification 1206).

However, if web access to NLS is not available, the contractor shall package and deliver files on CD or other media approved by NLS (See NLS Specification #1202 for CD packaging details) by FEDEX or UPS.

D.4 SHIPPING SCHEDULE

Ship Date

For Standard Titles and Foreign Language Titles, the scheduled ship date (SSD) for each title will be 14 calendar days after the scheduled start date provided by NLS with each title assigned. For Express Standard and Express Foreign Language Titles, the SSD for each title will be 2-3 calendar days (as directed by the Library) after the scheduled start date is provided by NLS with each title assigned. The CO, COR or Contract Monitor may modify the SSD for specific titles due to circumstances not within the control of the contractor. Calendar days are defined as all days including weekends and holidays.

Revised Scheduled Ship Date

The COR may provide a revised scheduled ship date (SSD) for any titles that present difficulty in conversion. If a title is shipped after its original SSD but before its revised SSD, the difference will be considered zero (0) days (i.e., no early delivery credit will be given).

030ADV23R0038 Section D

Late Shipments

NLS will determine the difference between the SSD and the actual ship date for each title shipped. The average of all these differences will be the contractor's average deviation from scheduled ship date. When ten percent (10%) or more of the contracted number of titles have been scheduled for shipment and the average deviation exceeds a negative five

(5) days, or the number of titles uploaded late exceeds fifteen percent (15%) of titles shipped, NLS may consider partial termination (reduction of titles) or termination for default. In the event a SSD supplied by NLS falls on a Sunday or holiday, the contractor shall ship before this date to avoid a late shipment.

030ADV23R0038 Section E

SECTION E - INSPECTION AND ACCEPTANCE

Inspection and acceptance under this contract will be in accordance with paragraph (a) Inspection and Acceptance of FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018).

E.1. SERVICE GUARANTEE

The quality assurance provisions in Specification #1203 and #1208 shall apply.

E.2 TIME OF ACCEPTANCE

Acceptance of the final DTB will occur when the uploaded book file is accepted by NLS validation programs.

E.3 ACCEPTANCE AND APPROVAL

NLS will review copies of each title for conformance to contract specifications. Within 30 business days from the time a completed book is uploaded to NLS and accepted by NLS validation programs, NLS will provide written notice of approval or rejection/return to the contractor for each submission, via the Internet (PDE). In the event of rejection/return, failure to remedy the defect causing the rejection/return in a timely manner may result in termination for default. If a rejection/return is not corrected and re-submitted within 14 calendar days after notice of rejection, a Failure to Respond (FTR) reject will be assigned. If a contractor accumulates more than ten (10) FTR rejects, NLS may consider partial termination and reassignment of titles or termination for default. When the number of rejections for failure to meet specifications exceeds ten percent (10%) of the contracted number of titles, NLS may consider partial termination and reassignment of titles or termination for default. Titles rejected more than once are counted as separate rejections for each instance. In addition, each title that the contractor is required to recall from or correct in the field will be considered a reject and counted with the total number of rejects for the contract.

030ADV23R0038 Section F

SECTION F - DELIVERIES OR PERFORMANCE

F.1 LC52.215-5 PLACE AND PERIOD OF PERFORMANCE (JAN 2019)

F.1.1 Period of Performance

The overall period of performance shall be as stated in section B.

F.1.2 Place of Performance All work associated with this contract shall be performed at the contractor's facility.

F.1.3 Library hours of operation

The contractor is responsible for determining its hours of operation in fulfilling the requirements of this contract. The Library’s standard operating hours are from 8:30 AM through 5:30 PM, Monday through Friday, excluding Federal holidays. The contractor shall coordinate with the COR for any work to be conducted at Library facilities.

(End of Clause) FAR Number Title Date

52.242-15 STOP-WORK ORDER AUG 1989

52.247-34 F.O.B. DESTINATION NOV 1991

030ADV23R0038 Section G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 LC52.201-2 ORDERING OFFICERS (OCT 2013)

(a) Contracting officer’s ordering representatives, “Ordering Officers,” specifically designated for this contract are authorized to place orders expressly within the terms and conditions of this contract and not exceeding the simplified acquisition threshold.

(b) Specifically, Ordering Officers may not:

(1) Make any changes to the terms or conditions of the contract or agreement;

(2) Order or accept supplies or services not expressly within the scope of the contract or agreement;

(3) Issue instructions to the contractor to perform work that is outside the scope of the contract or agreement;

(4) Split purchases to avoid single purchase limits specified in the ordering officer’s designation letter; or

(5) Further delegate Ordering Officer authority.

(c) The Library is not obligated to pay for orders for products or services not included within the scope of this contract and clause.

(d) The following Library employees are designated as the contracting officer’s ordering officers under this contract:

Name Title Contact Information

(End of Clause)

G.2 LC52.201-3 CONTRACT ADMINISTRATION (AUG 2015)

This contract will be administered by:

Library Contracting Officer: Lucas, Tiffany

Address: Contracts & Grants Directorate

Library of Congress

LA 325

Washington DC 20540-9411

Phone: (202) 707-5688

Email: tluc@loc.gov

Library Contract Specialist: Daly, Colleen

Address: Contracts & Grants Directorate

Library of Congress

LA 325

Washington DC 20540-9411

Phone: (202) 707-0386

Email: cdaly@loc.gov

Library Contracting Officer Representative: Klimek, John

Address:

Phone: (202) 707-9310

Email: jkli@loc.gov

Contractor Contract Administrator: Provided at time of award

Address: Provided at time of award

Provided at time of award

Provided at time of award

Provided at time of award

Phone:

Email:

G.3 LC52.232-1A LIBRARY OF CONGRESS INVOICE INSTRUCTIONS (OCT 2016)

The Contractor must prepare and submit invoices electronically to: nlsadmin@loc.gov. The Contractor may submit payment requests using other than electronic means only when alternate procedures are authorized by the contracting officer in writing.

(End of Clause)

G.4 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 in each order pursuant to the standards and acceptance criteria defined in the IDIQ contract.

(End of Clause)

030ADV23R0038 Section H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 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;

(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 opinion 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)

H.2 LC52.203-1 CONTRACTOR PUBLICITY (OCT 2013)

The Contractor, or any entity or representative acting on behalf of the Contractor, may not refer to the equipment or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such equipment or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government will consider institution of all remedies available under applicable law.

(End of Clause)

H.3 LC52.204-3 INFORMATION SYSTEMS SECURITY (SEP 2018)

(1) Computer Security Policy. The Library requires anyone using or accessing its digital assets (including networks, servers, workstations, systems, data, web pages, and email) to protect them and use them only for official business, and only in accordance with Library regulations and applicable Library bargaining agreements. Unauthorized or inappropriate use may be grounds for termination or other contractual remedy.

(2) Privacy Policy. No one has the right to privacy while using any Library computer system, including internet or email services. Usage may be monitored.

(3) Level of Access. The Host Office will determine the level of access to the Library’s IT equipment, staff and software needed to successfully perform under this Contract. Access may include, for example, email, word processing, internet, and intranet.

(4) Mandatory IT Security Training. Contractor personnel must successfully complete mandatory information systems security training prior to use of or access to any of the Library’s digital assets. The required training is available online at http://www.loc.gov/extranet/cld/. Contractor staff with access to Library digital assets shall complete the information systems security training annually. The training is available on the Library intranet at: http://www.loc.gov/staff/cld/.

(End of Clause)

H.4 LC52.237-1 KEY PERSONNEL (AUG 2014)

The personnel designated as key personnel in this contract are considered to be essential to the work being performed hereunder. At least 30 days prior to diverting any of the specified individuals to other programs or contracts or as soon as possible if an individual must be replaced, for example, as a result of leaving the employ of the contractor, the contractor shall notify the contracting officer and identify proposed substitutions. No diversion or substitution shall be made by the contractor without written consent of the contracting officer.

The following personnel have been identified as Key Personnel in the performance of this contract:

Position/Labor Category Name

Project Manager

H.5 LC52.237-2 CONDUCT OF WORK (MAY 2015)

The personnel employed by the Contractor shall be capable employees qualified in this type of work. The Contractor shall be responsible 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 interest of or the security of the Library.

(End of Clause)

H.6 LC52.239-1 INFORMATION SECURITY (APR 2021)

The work to be conducted is considered Controlled Unclassified Information (CUI) pursuant to National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53 (rev 4) or current version. The Contractor shall ensure that all non-public Library information processed under this contract shall be protected from unauthorized use and mishandling by the Contractor. Information includes both hard copy (paper) formats and soft copy (stored in electronic form, e.g., hard disks, tapes, flash drives, CD-ROM/CD-R, etc.)

(a) The Contractor shall store hard copies and soft copies contained on removable media (e.g., tapes, floppy disks, flash drives, CD-ROM/CD-R, etc.) in a government-approved storage container per the direction of the Contracting Officer Representative (COR) or the Library of Congress Project Manager when not under the direct control of Contractor Key Personnel.

(b) The Contractor shall treat any information developed on security vulnerabilities and any Government provided non-public information as “CUI”.

(c) The Contractor personnel shall label and protect this information as “Security Category: Moderate”, placing this designation in the footer.

(d) The Contractor shall ensure that all documents designated “Security Category: Moderate”, “Security Category:

High” and “Limited Official Use Only” are not emailed to or from an external email system. These documents may only be emailed between Library of Congress email accounts, or within a secured corporate email network.

(e) The Contractor shall ensure that all documents designated “Security Category: Moderate”, “Security Category:

High” and “Limited Official Use Only” are shredded, burned, or otherwise destroyed before being disposed of in accordance with applicable corporate and federal records management policies.

(f) The Contractor shall dispose of all documents designated “Security Category: Moderate”, “Security Category: High” and “Limited Official Use Only” remaining in the Contractor’s possession at the end of the contract term.

(g) The Contractor shall ensure that all Contractor workstations used to process Library information utilizes anti-virus and anti-spyware utilities that are configured to continuously monitor and to automatically update as well as having automatic operating system patching in place.

(h) The Contractor shall ensure that all Contractor workstations used to process Library information employ a firewall that can either be software running on the workstation or a stand-alone firewall that protects the workstation from unauthorized access from any other devices, including devices on the Contractor’s corporate network.

(i) The Contractor shall ensure that all Library information that is labeled “Security Category: Moderate”, “Security Category: High” and “Limited Official Use Only” is encrypted using a Federal Information Processing Standards Publication (FIPS) 140-2 validated application configured in FIPS mode. This includes information stored on internal hard drives and removable devices (e.g., CD-Rs, flash drives, etc.)

(j) The Contractor must provide a written list of anti-virus, anti-spyware, firewall, encryption products, versions and proof of licenses, along with the automatic operating system patching status, MAC address (if applicable) and user name for each system being used to process Library information.

(k) In accordance with NIST SP 800-61 (rev 2, as updated), the Contractor shall report to infosec@loc.gov, the Contracting Officer, and the COR any adverse events (adverse events are currently defined as events with a negative consequence, such as system crashes, packet floods, unauthorized use of system privileges, unauthorized access to sensitive data, and execution of malware that destroys data) that are computer security related or computer security incidents (computer security incident is currently a violation or imminent threat of violation of computer security polices, acceptable use policies, or standard security practices) concerning Library CUI within 24-hours of its discovery.

The contractor shall coordinate its response to such an event or incident with the Library.

(l) The Contractor shall not provide any government-furnished non-public documents, information, or licensed material in any form to anyone other than the Contracting Officer, the COR, or the Library of Congress Project Manager without the written approval of the Contracting Officer, the COR, or the Library of Congress Project Manager during the period of this contract or at any time afterwards.

(m) The Contractor shall not release any government documents or information related to IT Security in any form without the written approval of the Library’s IT Security Group.

(n) The Contractor shall ensure that all Contractor personnel sign nondisclosure agreements (NDAs).

(o) The Contractor shall ensure that all Contractor personnel complete the Library of Congress IT Security Awareness Training on an annual basis.

030ADV23R0038 Section I

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 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 request, 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

FAR Number Title Date

52.203-3 GRATUITIES APR 1984

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

DEC 2022

52.227-17 RIGHTS IN DATA—SPECIAL WORKS DEC 2007

52.232-25 PROMPT PAYMENT JAN 2017

52.233-1 DISPUTES MAY 2014

52.242-13 BANKRUPTCY JUL 1995

52.243-1 CHANGES—FIXED PRICE ALTERNATE I (APR 1984) AUG 2018

52.245-1 GOVERNMENT PROPERTY SEP 2021

52.245-9 USE AND CHARGES APR 2012

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC

2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division 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 (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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…