030ADV24Q0197.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

030ADV24Q0197

Vega, Cristina (202) 707-9473 07-09-2024

8:00 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 Sections D&F for delivery instructions.

Contracts & Grants Directorate Library of Congress 101 Independence Ave SE.

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

Vega, Cristina

030ADV24Q0197

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 LC52.212-2 SUPPLEMENTAL LICENSE AGREEMENTS (JUL 2017)

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

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION F - DELIVERIES OR PERFORMANCE

F.1 DELIVERY SCHEDULE

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 LC52.201-3 CONTRACT ADMINISTRATION (AUG 2015)

G.2 LC52.232-1 LIBRARY OF CONGRESS INVOICE INSTRUCTIONS (DEC 2022)

G.3 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 LC52.204-4 CONTRACTOR EMPLOYEE FITNESS (AUG 2023)

H.5 LC52.239-1 INFORMATION SECURITY (APR 2021)

H.6 LC52.239-3 ASSESSMENT AND AUTHORIZATION (JAN 2016)

H.7 LC52.239-5 SYSTEMS HOSTED BY EXTERNAL HOSTING PROVIDERS (SEP 2018)

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 (MAY 2024)

I.3 LC52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DEV) (FEB 2016)

I.4 LC52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS - COMMERCIAL ITEMS (DEV) (MAY 2015)

I.5 LC52.232-25 PROMPT PAYMENT (DEV) (JUL 2013)

030ADV24Q0197

I.6 LC52.233-1 52.233-1 (DEV) DISPUTES (MAY 2014)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J.1 ATTACHMENT LIST

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

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)

030ADV24Q0197 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 LC52.212-2 SUPPLEMENTAL LICENSE AGREEMENTS (JUL 2017)

The Library does not agree to licensing agreements or any other provisions that attempt to: (1) replace an order as the governing contract; (2) establish new or supplemental payment terms; or, (3) affect the legal relationships of the parties.

Notwithstanding any clauses in this contract or order, or the contractual vehicles against which the order is placed, that establish order of precedence, the rights and obligations provided by this contract or order take precedence over the rights and obligations set forth in any licensing agreements provided to the Library.

The Library’s incorporation of a licensing agreement into this contract or order excludes all terms of the licensing agreement that contravene, modify or conflict with the terms of 36 C.F.R. 701.7 available at: https://www.ecfr.gov/cgi-bin/text-idx?SID=87a865ce2bd109313a951a3d477895d8&mc=true&node=se36.3.701_17&rgn=div8.

(End of Clause)

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

This is a Firm-Fixed-Price contract.

(End of Clause)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 LOT __________________ __________________

Fund Investment Software Contract Period: Base POP Begin: 08-01-2024 POP End: 07-31-2025

0002 1.00 LOT __________________ __________________

OPTION Year 1: Fund Investment Software Contract Period: Option 1 POP Begin: 08-01-2025 POP End: 07-31-2026

0003 1.00 LOT __________________ __________________

OPTION Year 2: Fund Investment Software Contract Period: Option 2 POP Begin: 08-01-2026

030ADV24Q0197 Section B

POP End: 07-31-2027

0004 1.00 LOT __________________ __________________

OPTION Year 3: Fund Investment Software Contract Period: Option 3 POP Begin: 08-01-2027 POP End: 07-31-2028

0005 1.00 LOT __________________ __________________

OPTION Year 4: Fund Investment Software Contract Period: Option 4 POP Begin: 08-01-2028 POP End: 07-31-2029

GRAND TOTAL __________________

030ADV24Q0197 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Fund Investment Software for the Library of Congress Statement of Work (SOW)

1. BACKGROUND

Over the past two centuries, the Library of Congress (Library), with the help of supporters, has built the single most comprehensive collection of human knowledge ever assembled. Today, the Library is home to more than 170 million books, recordings, photographs, periodicals, maps, and manuscripts that chronicle achievement and culture around the globe. The Library can provide and acquire this collection through various donations, gifts, fundraising and trusts.

1.1. Gifts to the Library

Gifts to the Library support everything from acquiring and digitizing collections to powering events, programs, and exhibitions for the public, from helping to develop new preservation methods to supporting the next generation of leaders through internships and fellowships. Gifts allow the Library to innovate, adapt, and find new ways for all Americans to connect with the Library, and to continue to invest in collecting, preserving, and increasing access to our nation’s treasures. These treasures tell a story that informs our understanding of the past and helps to shape our future.

Every gift to the Library helps to preserve and protect our Nation’s treasures. There are a several ways to support the Library through a donation, including:

Friends of the Library of Congress: Friends of the Library of Congress brings together a community of donors committed to preserving this nation's cultural memory. This group is integral in advancing the Library's mission to engage, inspire, and inform and help make everything possible from digital resources to public programming to exhibitions.

James Madison Council: The Library preserves and provides access to a rich, diverse and enduring source of knowledge to engage, inspire and inform the U.S. Congress and the American people. The James Madison Council, comprised of public-minded philanthropists, provides critical support for these efforts. As visionaries, champions and ambassadors, the Madison Council is truly a crown jewel of the nation’s library. The success of hundreds of projects that members have brought to life since the Council’s inception attests to the synergy that results when knowledge, talents, contacts and assets of the private sector are merged with the resources of a greater public institution. Members are encouraged to take advantage of the collections, programs and exhibitions that their support sustains, and are afforded a number of unique membership privileges. They are a close-knit community with a personal connection to the Library, its leadership and its curators, librarians, conservators, and more. By becoming a member of this unique support group, you can make a significant, tangible difference in our nation’s library.

Corporate Giving: The Library reaches a diverse audience of millions, both onsite and online, across the nation and around the world by offering a rich variety of public programs, exhibitions, digital initiatives, and educational outreach initiatives. Corporate support is vital to the Library efforts to share its unparalleled resources with people everywhere–completely free of charge. As a philanthropic partners of the Library, corporations have the opportunity to support America’s story through:

o World-class exhibitions o National Book Festival o Gershwin Prize for Popular Song o For the People Fund, promoting social movements, mobility, and equity throughout the Library and its collections o Nationwide literacy promotion and the National Ambassador for Young People’s Literature o Educational programming for students, teachers, and lifelong learners, such as the future Education

Center and teen internships o Scholarly research and practice through junior fellowships, Kluge Center scholars, and preservation programs

National Book Festival: Since 2001, the Library has sponsored and organized this annual event, which celebrates the joys of reading, inspires a passion for learning and encourages visitors to explore their own creative potential. Previous festivals have drawn such luminaries as David McCullough, Doris Kearns Goodwin, John Irving, Geraldine Brooks, John Hope Franklin, Tom Wolfe, Khaled Hosseini, R.L. Stine, Walter Mosley, James Patterson, and more.

Veterans History Project: The Veterans History Project collects and preserves the extraordinary first-person accounts of America’s war veterans. Through a nationwide network of partners and volunteers the Project collects interviews, letters, photographs, journals, and memoirs from veterans of every war since World War I, assembling a genuine treasure trove of individual feelings and recollections. AARP is the Founding Corporate Sponsor of the Veterans History Project.

Legacy Gifts: Including the Library in your will, trust or other estate plan is a meaningful way to create a lasting legacy that ensures people for generations to come are enriched by the nation’s greatest resource of history, culture, and imagination.

Tribute Gifts: Recognize an extraordinary person in your life with a tribute gift to the Library. Whether you want to commemorate a milestone, celebrate a special occasion, or honor a lost loved one, your gift will preserve, enhance and expand access to our Nation’s treasures.

Stock Gifts: Donating appreciated stocks, securities, or mutual funds is a great way to support the Library with a meaningful gift while avoiding capital-gains tax and receiving a charitable tax deduction.

1.2. The Library of Congress Trust Fund Board (TFB)

1.2.1. To further support the Library’s fundraising efforts, the U.S. Congress created the TFB.1 The TFB, with approval of the Joint Committee on the Library, is authorized to accept donations, bequests or devices (cash, securities, real property and other monetary gifts) and invest those proceeds for the benefit of the Library’s programs and services. This includes the power to:

1 Please see 2 U.S.C. §§ 154- 160.

• Accept, receive, hold, and administer such gifts, bequests, or devises of property for the benefit of, or in connection with the Library, its collections, or its service, as may be approved by the Board and by the Joint Committee on the Library;

• Invest, reinvest, or retain investments after being receipted for them by the Secretary of the Treasury;

• Deposit trust funds with the Treasurer of the United States as a permanent loan to the United States Treasury, and the Treasurer shall thereafter credit such deposit with interest at a rate which is the higher of the rate of 4% per annum or a rate which is 0.25 percentage points less than a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding long-term marketable obligations of the United States; and

• Adopt rules and regulations regarding its procedure and the conduct of its business.

1.2.2. Gifts and bequests are recorded as restricted or unrestricted, depending on the existence and/or nature of any donor-imposed restriction. Restricted assets result from contributions and other inflows of assets whose use by the organization is limited by donor-imposed stipulations that neither expire by passage of time nor can be fulfilled or otherwise removed by actions of the organization. Unrestricted assets permit the program to use or expend the assets at any time.

1.3. TFB Investment Portfolio

The overall trust fund portfolio consists of 117 individual trust funds, with each trust fund program considered a separate entity. Additionally, gift fund programs may be invested in a similar manner, consisting of approximately 166 individual gift funds, with each gift fund program considered a separate entity. As of September 30, 2023, the Library of Congress gift and trust fund programs had a combined total net assets of $233.2 million.

1.4. TFB Investment Policy

1.4.1. The TFB establishes the investment policy for Library trust and gift funds, and the Library implements procedures to carry out that policy. The TFB’s investment policy is market-based and necessarily varies depending upon the terms of the individual trust funds and the donor restrictions on principal and earnings.

1.4.2. The TFB Investment Committee (IC) provides recommendations to the TFB regarding overall investment policy.

The IC acts with delegated authority from the TFB to select investments and to direct the Librarian to implement investment and payout provisions consistent with the approved Investment Policy Statement (IPS). The overall objectives of the Library’s IPS are to support Library gift and trust funds, as specified in each trust fund’s instrument of gift, by:

1) Providing a stable, growing stream of payouts (from income and capital appreciation) for current and future expenditures;

2) Providing for the liquidity of investments to make payouts; and

3) Maintaining the “purchasing power” of endowment trusts.

1.4.3. To achieve these objectives, the Librarian, on behalf of the TFB, is authorized to invest program funds in separate investment pools, including:

• Growth and Income Pool (G&I) – The Librarian may invest in marketable securities, including mutual funds and separately managed accounts with individual money managers approved by the IC within the asset allocations defined by the TFB in the Investment Policy. The G&I consists of endowment (corpus) and other trust funds invested in securities for long-term growth (funds that will not be needed to support Library programs within three years).

• Short Term Investment Pool (STIP) – The Librarian may also invest in marketable securities that have individual money managers approved by the IC. The STIP consists of balances needed in the short term (years two and three).

1.4.4. The Library’s Chief Financial Officer (CFO) is responsible for administering TFB policies and aiding program offices in formulating and executing their budgets in accordance with guidelines outlined in the instrument of gift. The CFO’s office also works closely with program managers to refine budget formulation and management procedures to ensure that the minimum amount of short-term funding is made available without putting potential program funding needs at risk, by holding funds in the G&I which is subject to market fluctuations.

2. SCOPE

The Contractor shall provide the Library with a computer software application specifically for fund investment accounting.

3. REQUIREMENTS

3.1. General Requirements

3.1.1. The Library requires a system to maintain the total market value of each investment pool and distribute the monthly changes to the underlying programs. The following calculations and transactions are required monthly, at the following levels: 1) Investment pool, 2) Treasury Symbol 3) Gift & Trust Program, and 4) Restricted and Unrestricted.

3.1.2. The Library maintains the market value and spendable balances of each gift and trust program across each of the investment pools, and reports the monthly incremental changes in the form of reinvested or paid income as well as realized and unrealized gains/losses to update the total market value and available balances on a monthly basis. The restricted and unrestricted (spendable) balances of each gift and trust program is maintained for each of the investment pools in the Library’s General Ledger (GL)

3.2. Investment Tracking Capabilities

The computer software must include the following investment tracking capabilities:

• Tracks the following areas for each named gift/trust program and investment pool:

o Original corpus;

o Restricted and unrestricted fund balances;

o Gains and losses (actual and/or attributable);

o Market and book value;

o Investment management fees;

o Program transfers in or out of investment pool; and o Maintains adequate transaction history to reconcile with the Library’s financial system.

• Posts gain/loss activity to include mapping to currently defined Library GL transactions [Document Type, Transaction Type, Revenue Source, etc. combinations for restricted/unrestricted realized/unrealized gain/loss activity].

• Allocates income (interest, dividends, realized and unrealized gains), expenses, and fees to programs/pools on a percentage or unitized basis, or customized to match the Library’s specific needs

• At gift/trust program level, provides the following types of transactions and reporting at specified levels on a monthly basis for input to the Library’s financial system:

o Aggregated Investment Pool amounts for interest/dividends, realized and unrealized gain/loss, and management fees;

o Separate distributions to Gift vs. Trust programs (Treasury symbol), including distributions to Restricted

vs. Unrestricted portions of the Gift/Trust program; and o Separate, identifying amounts in each category for input to the Library’s financial system.

• Manages information such as investment type, investor name, target percentages, and initial investment amount; other fields can be added as desired.

• Allows for set up of multiple allocation rules and distributes based on donor specifications and Library policy, even transfer into expendable funds automatically.

• Allows configuration of rules that can be based on average market value, units per share, proportional distribution, Yale Method or earned dividends and interest, or user customized rules. Rules should be configurable to take into account underwater funds/pools.

• Allows each fund/pool to have both primary and supplemental spending rules applied, and the software application should provide a report that proofs out the spending for each fund/pool so that you can know exactly how the amount is being calculated.

• Posts investment allocations to your funds/pools at the fund/pool level.

• Allows for manual rebalancing of funds/pools as directed by the Library’s IC.

3.3. Reporting Capabilities

The COTS computer software must include the following reporting capabilities:

• Configures with Library-defined general ledger entries triggered by Library-defined accounting events.

• Sends General Ledger entries either directly to the Library’s financial system or export to Excel for manual processing.

o System needs to track and allocate investment balances, then provide that information for Momentum journal entries and hit the appropriate GLs.

• Meets audit standards and reporting needs under the Uniform Prudent Management of Institutional Funds Act

(UPMIFA); the Federal Accounting Standards Advisory Board (FASAB); and the Financial Accounting Standards Board (FASB).

• Prepares customized queries and reports.

• Exports data and reports into Word, PDF, or Excel.

• Updates gift and trust program balances preferably weekly but at least monthly to inform the investment allocations of the system.

• Creates donor stewardship reports.

o Donor reports provided externally will typically require information from outside the Investment Management System (e.g., from Library’s financial system).

3.4. Security Capabilities

The Library also requires the computer software application to provide the following capabilities:

• Accesses software through a cloud-based user interface.

• Hosts software application and client data at a highly secure, SSAE18-audited facility, monitored 24/7.

• Audits software application annually for SOC 1 compliance of IT General Controls. The report is due by September 15th each year. Controls to be reviewed include the hosting environment and facility access, maintaining the database layer of the application, application configuration management, batch / interface processing, application privileged user access, segregation of duties for application developers, application deployment controls.

• Provides a bridge letter for the IT controls reviewed in the SOC 1 report covering the period between the SOC 1 report end date and September 30th. The bridge letter is due by October 15th.

• Conducts all software application sessions over encrypted Transport Layer Security (TLS) connections.

• Segregates each client’s data in its own database.

• Uses multi-factor authentication.

• Monitors intrusion detection.

• Monitors software application login attempts.

4. CONTRACT PERFORMANCE

4.1 Base Period of Performance

The Base Period of Performance 8/01/2024 to 7/31/2025 with 4 subsequent option years.

4.2. Schedule of Events/Deliverables

Paragraph Reference Description of Event Due Date/Payment Schedule

BASE YEAR Software Deliverable Within 30 days of contract POP start date

OPTION YEAR 1 Software Deliverable Within 30 days of option POP Start

OPTION YEAR 2 Software Deliverable Within 30 days of option POP Start

OPTION YEAR 3 Software Deliverable Within 30 days of option POP Start

OPTION YEAR 4 Software Deliverable Within 30 days of option POP Start

5. Additional Information

5.1. Place of Performance

The work to be performed under the contract will be performed either at the Library of Congress Capitol Hill Campus or at the contractor’s site.

5.2. Hours of Operation

The contractor is responsible for conducting their standard business day between the hours of 7am to 6pm Mondays through Fridays, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Meetings should be scheduled within the Library’s core hours of 9am to 3pm.

5.3. Government Furnished Property

The Library may issue a government laptop, if necessary, to assist with contract work.

6. Other

6.1. Contractor Travel

The contractor may be required to travel to the Library of Congress locations during the performance of the contract.

The Library will not pay or reimburse the contractor for travel.

6.2. Transition Period

Upon completion of a satisfactory background investigation by the Library Personnel Security Division (PSD), a fourteen

(14) day phase in periods will begin. To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the contractor shall have personnel on board during the fourteen (14) day phase in/ phase out periods. During the phase in period, the contractor shall become familiar with performance requirements to commence full performance of services on the contract start date. The Library will share existing helpdesk operating procedure documentation and provide training and guidance to the contractor. The Library does not expect the contractor to write and/or update documentation relating to helpdesk operating procedures. There will be a transition meeting to go over any outstanding issues during the last seven days of the period of performance if the next option period is not exercised or at the end of the task order.

(End of Statement of Work)

030ADV24Q0197 Section F

SECTION F - DELIVERIES OR PERFORMANCE

F.1 DELIVERY SCHEDULE

Item

Number

Description Period of Performance

Start Date

Period of Performance

End Date

0001 COTS Fund Investment Software

Base Year

08/01/2024 07/31/2025

0002 COTS Fund Investment Software

Option Year 1

08/01/2025 07/31/2026

0003 COTS Fund Investment Software

Option Year 2

08/01/2026 07/31/2027

0004 COTS Fund Investment Software

Option Year 3

08/01/2027 07/31/2028

0005 COTS Fund Investment Software

Option Year 4

08/01/2028 07/31/2029

030ADV24Q0197 Section G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 LC52.201-3 CONTRACT ADMINISTRATION (AUG 2015)

This contract will be administered by:

Library Contracting Officer: Vega, Cristina

Address: Contracts & Grants Directorate

Library of Congress

101 Independence Ave SE.

LA 325

Washington DC 20540-9411

Phone: (202) 707-9473

Email: crvega@loc.gov

Library Contract Specialist: Fitte, Stefanie

Address: Contracts & Grants Directorate

Library of Congress

101 Independence Ave SE.

LA 325

Washington DC 20540-9411

Phone: (202) 893-6318

Email: sfitte@loc.gov

Library Contracting Officer Representative:

Address:

Phone:

Email:

Contractor Contract Administrator: Provided at time of award

Address: Provided at time of award

Provided at time of award

030ADV24Q0197 Section G

G.2 LC52.232-1 LIBRARY OF CONGRESS INVOICE INSTRUCTIONS (DEC 2022)

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: ippcustomersupport@fiscal.treasury.gov or by commercial telephone at (866) 973-3131. Invoices shall contain the information required in FAR 52.212-4, paragraph (g).

(End of Clause)

G.3 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 in the table below, pursuant to the standards and acceptance criteria defined in this contract.

CLIN Item Description Payment

0001 COTS Fund Investment Software

Base Year

0002 COTS Fund Investment Software

Option Year 1 $_________

0003 COTS Fund Investment Software

Option Year 2

0004 COTS Fund Investment Software

Option Year 3

0005 COTS Fund Investment Software

Option Year 4

(End of Clause)

030ADV24Q0197 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.

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 LC52.204-4 CONTRACTOR EMPLOYEE FITNESS (AUG 2023)

“Contractor employee fitness” means fitness based on character and conduct for work for or on behalf of the Government as a contractor employee.

Work under this contract is unclassified. However, the Library of Congress has a contractor employee fitness program, which includes background investigations of contractor personnel who will have 1) regular, ongoing, unescorted access to the Library’s buildings, grounds, or collections, 2) access to Library information technology systems, and/or 3) access to Library information not available to the public including information determined to be Controlled Unclassified Information (CUI) to ensure they meet basic standards of honesty and trustworthiness pursuant to Library regulations.

(1) Any access to non-public Library facilities, Library information technology systems, or non-public Library information will require completion and successful vetting of a security application request (release forms, fingerprints, and, if applicable, a full background investigation). Contractors should anticipate a minimum of two weeks for the process, provided all requested information is timely, accurate and complete and that no adverse information is received.

(2) The Library does not determine the fitness of employees to work for the contractor firm that hires them. The Library’s interest is in determining whether contractor personnel should be granted greater access than the general public to Library facilities, Library information technology systems and/or non-public Library information.

(3) To facilitate the fitness determination, contractors shall submit complete and accurate information as identified on the National Background Investigation Services (NBIS)’s eAPP https://www.dcsa.mil/Systems-Applications/NBIS-eApp- NBIS-Agency/) as provided by the Personnel Security Division. Contractors should anticipate a minimum of two weeks for the process, provided all requested information is timely, accurate and complete and that no adverse information is received.

(4) The contractor will ensure the Library’s Personnel Security Division is notified of all changes to personnel performing work on this contract. The Personnel Security Division can be notified at the following email address:

PSD@loc.gov and contacted via phone at: (202) 707-5618.

(5) 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.

(6) The Library may require removal of contractor staff from Library facilities and revocation of access to Library information technology systems and non-public Library information if investigative results raise concerns regarding a contractor employee’s fitness. In such cases, the Contracting Officer or Contracting Officer Representative (COR) will notify the contractor of the unfit determination and need for the contractor employee to return all government equipment such as badges, keys and network tokens if issued. Contractor management staff may be required to escort the contractor employee from the premises.

(End of Clause)

H.5 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.

(End of Clause)

H.6 LC52.239-3 ASSESSMENT AND AUTHORIZATION (JAN 2016)

The information technology identified in this contract is subject to Assessment and Authorization (A&A) prior to connecting the system(s) to the Library of Congress Network, and updated prior to deploying any significant changes to the system(s).

(a) The Contractor shall perform an Initial Security Assessment.

(b) The Contractor shall perform Assessment per NIST SP 800-37.

(c) The Contractor shall complete a Risk Assessment per NIST SP 800-30

(d) The contractor shall conduct independent Security Testing & Evaluation. Evaluation. Contractor personnel conducting this evaluation shall have no stake or responsibilities concerning the system, including those who directly designed/integrated/implemented the system for any IT System categorized as Moderate or High impact. The Contractor shall perform the Security Test & Evaluation on test equipment configured per the ITS hardening guidelines for that particular platform, either in the Library of Congress lab or on a system completely isolated from the Library of Congress Data Network. The Library will provide the hardening guidelines on request from the contractor.

(e) The contractor shall prepare and submit a complete Assessment package pursuant to NIST SP 800-37. The contractor shall prepare and submit the following A&A documentation to the COR using the standard Library of Congress template available at the CGD website:

System Security Plan pursuant to NIST SP 800-18

IT Contingency Plan pursuant to NIST SP 800-34 Security Test & Evaluation Report

(f) The Contractor shall provide Authorization support to the Authorizing Official, including producing copies of the Assessment Package, drafting memorandums and assisting in the briefing of the Designated Approving Authority.

(g) The Contractor shall provide two (2) paper copies of each Assessment and Authorization deliverable. The contractor shall provide two (2) machine-readable copies each of the Assessment and Authorization deliverables in MS Word format, delivered on CD-ROM.

(h) The Contractor shall ensure that the IT system is not connected to the Library of Congress Data Network until accredited.

(End of Clause)

H.7 LC52.239-5 SYSTEMS HOSTED BY EXTERNAL HOSTING PROVIDERS (SEP 2018)

For any non-Library of Congress owned and operated systems supporting a hosted application, including cloud services, security devices, shared servers, backup devices, and management systems, the Contractor shall provide:

(a) Design documentation demonstrating that the environment is Federal Risk and Authorization Management Program (FedRAMP) compliant

(b) Assessment and Authorization documentation for the operating environment

(c) Documented test results, including individual test items, showing that the applications, hosting platforms and associated management systems have implemented the minimum security controls per FIPS 199) of the system.

(d) Access for the Library to conduct scanning, security testing and assessment, and penetration testing of the operating environment, including support for any remediation issues in accordance with the Library policy on remediation documented in Library of Congress Directive (LCD) 5-410.1, Information Technology Security Policy.

(e) The contractor shall sign a Memorandum of Understanding (MOU)/Interconnection Security Agreement (ISA) with the Library of Congress in accordance with NIST SP 800-47, Security Guide for Interconnecting Information Technology Systems. This may be an addendum to the contract between the Library and the Contractor.

030ADV24Q0197 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

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

NOV 2023

52.233-1 DISPUTES MAY 2014

52.243-1 CHANGES—FIXED-PRICE AUG 2018

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

OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY

2024)

(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 Covered Entities (DEC 2023) (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) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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 incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved]

[] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111– 117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C.

2313).

[] (14) [Reserved]

[] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved]

[] (18)(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.

[] (19)(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.

[] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (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 (SEP 2023) of 52.219–9.

[] (22)(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.

[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[]…