030ADV24R0041 Final.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

030ADV24R0041 04-02-2024

Fekete, Loren (202) 961-5312 04-16-2024

5:00PM 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

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

Fekete, Loren

030ADV24R0041

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 D - PACKAGING AND MARKING

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

D.2 LC52.211-2 DELIVERIES TO THE LIBRARY OF CONGRESS, CAPITOL HILL CAMPUS (JUN 2021)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.247-34 F.O.B. DESTINATION (NOV 1991)

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)

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)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

I.2 LC52.212-3 INCORPORATION OF CONTRACTOR PROPOSAL (JUN 2016)

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 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM (MAR 1989)

I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.7 LC52.233-2 PROTESTS TO THE LIBRARY OF CONGRESS (DEC 2013)

I.8 LC52.232-25 PROMPT PAYMENT (DEV) (JUL 2013)

I.9 LC52.233-1 52.233-1 (DEV) DISPUTES (MAY 2014)

030ADV24R0041

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

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 (NOV 2023)

K.2 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND

DISCLOSURES (DEC 2023)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 LC52.215-3 PROPOSAL SUBMISSION INSTRUCTIONS – LOW PRICE TECHNICALLY ACCEPTABLE (JUL 2016) ...54

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 LC52.215-4 EVALUATION – LOW PRICE TECHNICALLY ACCEPTABLE (JUL 2016)

030ADV24R0041 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 Library intends to issue a Firm-Fixed-Price contract as a result of this solicitation.

(End of Clause)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1,120.00 EACH _______________

Pre-Filled Flucelvax Influenza Vaccination Syringes Contract Period: Base POP Begin: 06-30-2024 POP End: 06-29-2025

0002 180.00 EACH _______________

Pre-Filled Fluad Influenza Vaccination Syringes Contract Period: Base POP Begin: 06-30-2024 POP End: 06-29-2025

0003 100.00 EACH _______________

Option for Increased Quantity of Pre-Filled Flucelvax Influenza Vaccination Syringes.

If exercised, shipment under this CLIN shall occur no later than fourteen (14) days after the award of this option exercise, unless an alternate delivery schedule has been approved by the COR.

Contract Period: Base POP Begin: 06-30-2024 POP End: 06-29-2025

0004 50.00 EACH _______________

Option for Increased Quantity of Pre-Filled Flucelvax Influenza Vaccination Syringes

If exercised, shipment under this CLIN shall occur no later than fourteen (14) days after the award of this option exercise, unless an alternate delivery schedule has been approved by the COR.

Contract Period: Base POP Begin: 06-30-2024 POP End: 06-29-2025

1001 1,120.00 EACH _______________

Pre-Filled Flucelvax Influenza Vaccination Syringes Contract Period: Option 1 POP Begin: 06-30-2025 POP End: 06-29-2026

1002 180.00 EACH _______________

Pre-Filled Fluad Influenza Vaccination Syringes Contract Period: Option 1 POP Begin: 06-30-2025 POP End: 06-29-2026

1003 100.00 EACH _______________

Option for Increased Quantity of Pre-Filled Flucelvax Influenza Vaccination Syringes

If exercised, shipment under this CLIN shall occur no later than fourteen (14) days after the award of this option exercise, unless an alternate delivery schedule has been approved by the COR.

Contract Period: Option 1 POP Begin: 06-30-2025 POP End: 06-29-2026

1004 50.00 EACH _______________

Option for Increased Quantity of Pre-Filled Flucelvax Influenza Vaccination Syringes

If exercised, shipment under this CLIN shall occur no later than fourteen (14) days after the award of this option exercise, unless an alternate delivery schedule has been approved by the COR.

Contract Period: Option 1 POP Begin: 06-30-2025 POP End: 06-29-2026

2001 1,120.00 EACH _______________

Pre-Filled Flucelvax Influenza Vaccination Syringes Contract Period: Option 2 POP Begin: 06-30-2026 POP End: 06-29-2027

2002 180.00 EACH _______________

Pre-Filled Fluad Influenza Vaccination Syringes Contract Period: Option 2 POP Begin: 06-30-2026 POP End: 06-29-2027

2003 100.00 EACH _______________

Option for Increased Quantity of Pre-Filled Flucelvax Influenza Vaccination Syringes

If exercised, shipment under this CLIN shall occur no later than fourteen (14) days after the award of this option exercise, unless an alternate delivery schedule has been approved by the COR.

Contract Period: Option 2 POP Begin: 06-30-2026 POP End: 06-29-2027

2004 50.00 EACH _______________

Option for Increased Quantity of Pre-Filled Flucelvax Influenza Vaccination Syringes

If exercised, shipment under this CLIN shall occur no later than fourteen (14) days after the award of this option exercise, unless an alternate delivery schedule has been approved by the COR.

Contract Period: Option 2 POP Begin: 06-30-2026 POP End: 06-29-2027

3001 1,120.00 EACH _______________

Pre-Filled Flucelvax Influenza Vaccination Syringes Contract Period: Option 3 POP Begin: 06-30-2027 POP End: 06-29-2028

3002 180.00 EACH _______________

Pre-Filled Fluad Influenza Vaccination Syringes Contract Period: Option 3 POP Begin: 06-30-2027 POP End: 06-29-2028

3003 100.00 EACH _______________

Option for Increased Quantity of Pre-Filled Flucelvax Influenza Vaccination Syringes

If exercised, shipment under this CLIN shall occur no later than fourteen (14) days after the award of this option exercise, unless an alternate delivery schedule has been approved by the COR.

Contract Period: Option 3 POP Begin: 06-30-2027 POP End: 06-29-2028

3004 50.00 EACH _______________

Option for Increased Quantity of Pre-Filled Flucelvax Influenza Vaccination Syringes

If exercised, shipment under this CLIN shall occur no later than fourteen (14) days after the award of this option exercise, unless an alternate delivery schedule has been approved by the COR.

Contract Period: Option 3 POP Begin: 06-30-2027 POP End: 06-29-2028

4001 1,120.00 EACH _______________

Pre-Filled Flucelvax Influenza Vaccination Syringes Contract Period: Option 4 POP Begin: 06-30-2028 POP End: 06-29-2029

4002 180.00 EA _______________

Pre-Filled Fluad Influenza Vaccination Syringes Contract Period: Option 3 POP Begin: 06-30-2028 POP End: 06-29-2029

4003 100.00 EACH _______________

Option for Increased Quantity of Pre-Filled Flucelvax Influenza Vaccination Syringes

If exercised, shipment under this CLIN shall occur no later than fourteen (14) days after the award of this option exercise, unless an alternate delivery schedule has been approved by the COR.

Contract Period: Option 4 POP Begin: 06-30-2028 POP End: 06-29-2029

4004 50.00 EACH _______________

Option for Increased Quantity of Pre-Filled Flucelvax Influenza Vaccination Syringes

If exercised, shipment under this CLIN shall occur no later than fourteen (14) days after the award of this option exercise, unless an alternate delivery schedule has been approved by the COR.

Contract Period: Option 4 POP Begin: 06-30-2028 POP End: 06-29-2029

GRAND TOTAL _______________

030ADV24R0041 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Statement of Work

Annual Influenza Vaccine, 2024-2028 Flu Seasons

1. BACKGROUND

The mission of the Library of Congress (LOC) is to support the Congress in fulfilling its constitutional duties and to further the progress of knowledge and creativity for the benefit of the American people. The Health Services Division (HSD), as part of Integrated Support Services and the Chief Operating Officer, is charged with promoting and maintaining optimal health, wellness, and productivity of all Library of Congress staff. In support of this mission, Health Services and the Library offers annual influenza immunization to all Library staff members.

2. SCOPE

Health Services Division (HSD) will procure pre-filled syringes (PFS) of quadrivalent influenza vaccine annually for the flu season. HSD will offer two types of vaccine annually starting in September of each year. The first is the preservative free, cell based (egg free) quadrivalent influenza vaccine (Flucelvax) and the second is the adjuvanted (boosted) quadrivalent influenza vaccine (Fluad) if the CDC has recommended for individuals aged 65 and older.

3. CONTRACTOR REQUIREMENTS

3.1 Each year, the initial procurement will be 1120 PFS of the standard vaccine (Flucelvax) and 180 doses of the adjuvanted vaccine (Fluad) IF recommended by the CDC for that year. If Fluad is not recommended for individuals age 65 and older, these will not be procured for that year. Additionally, there will be two options to procure additional PFS of standard dose vaccine (Flucelvax) if required.

3.2. Vendor represents and warrants that all products it delivers to the HSD have been acquired directly from the product’s manufacturer or the Vendor identified on the product’s label, that the products are not counterfeit, and that the products are not distributed without the manufacturer’s authorization.

3.3. Vendor must deliver all routine scheduled order shipments Free-On-Board (FOB) destination freight (prepaid) only. The Vendor will maintain title and assume all risk of loss or damage to the items furnished until receipt, inspection, and acceptance of the shipment by the HSD. Signature of delivery receipt will not constitute final acceptance. Notice of any discrepancies in the products delivered will be conveyed to the Vendor within the 72 hours after delivery receipt. All shipping costs will be included in the Vendor’s service fee (an exception may be made for an additional delivery charge for low volume purchases if negotiated within the contract.)

Statement of Work, Annual Influenza Vaccine

3.4 Vendor must provide all legally required documentation and special handling/packaging for transport of supplies deemed perishable materials from the Vendor to the HSD. Vendor must not refuse to deliver to HSD without notification to the HSD.

3.5 If it is determined by the HSD that delivery of medical biological products did not meet the manufacturer’s shipping requirements, the HSD reserves the right to reject the product at no cost to the agency.

3.6 Vendor will provide an anticipated date and time of delivery and notify HSD of date and time of shipment and tracking numbers via electronic mail as soon as that information is available.

3.7 If the vendor does not utilize a 3rd party shipping company (i.e., FedEx, UPS, DHL), they must adhere to the delivery requirements contained in Attachment J-1, Offsite Vendor Delivery Procedures.

3.8 Medical biological products shall be shipping according to manufacturer requirements, and, if necessary, temperature monitors will be used to verify that product temperatures have remained within the manufacturer’s required temperature during the shipping process.

3.9 The the Vendor shall notify the COR of the supply status of the contracted products, including whether supplies are out of stock or back ordered, within 72 hours of receipt of the purchase order and each option exercise.

4. CONTRACT PERFORMANCE

4.1 DELIVERABLES

Vendor is to supply pre-filled syringes of preservative-free annual influenza vaccine when initially available for the annual influenza season per requirement 3.1.

4.2. TESTING AND QUALITY ASSURANCE

Vendor will deliver medical supplies according to the conditions specified above.

5. ADDITIONAL INFORMATION

5.1 Special Provisions for Deliveries

The Library is aware of industry operations and acknowledges that due to differing levels of supply and demand from year to year a full one-time shipment of units may not be available. In consideration of this the Library will allow for deliveries to be made in either one shipment or a series of staggered shipments.

Statement of Work, Annual Influenza Vaccine

The first shipment shall be comprised of no less than 60% of units and the Library must be in receipt of the first shipment annually by or before September 1.

The remaining shipment(s) must be delivered in full to the Library NO LATER THAN (NLT) annually by October 15.

5.2 Delivery Schedules

5.2.1. Scenario 1

5.2.1.1 If the Contractor is able to deliver entire order under one shipment, then it is due annually, by or before September 1.

5.2.1.2 All deliveries beyond the base year of this contract are subject to the Library exercising the option for that year.

5.2.2. Scenario 2

5.2.2.1 Phase 1: If the Contractor only has access to a limited supply, the first shipment must be comprised of at least 60% of the entire order and this is due annually, by or before September 1

5.2.2.2 Phase 2: If the Contractor elects to make staggered shipments beginning with the first shipment outlined in section 5.2.2.1, then remaining shipment(s) must be made to deliver remaining units in full no later than October 15, annually.

5.2.2.3 All deliveries beyond the base year of this contract are subject to the Library exercising the option for that year.

030ADV24R0041 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 LC52.211-2 DELIVERIES TO THE LIBRARY OF CONGRESS, CAPITOL HILL CAMPUS (JUN

2021)

(a) SAFETY. Trucks making deliveries to the Library of Congress must meet the following minimum clearances: 13 ft high, 9 ft wide and 20 ft long. Contractor vehicles exceeding that limitation shall not be permitted access to the Loading Dock area. The Contractor shall ensure that ceiling; doors or walls are not disturbed or damaged. The Contractor shall be held responsible for all costs of repairs to ceiling, doors, etc. and any secondary damage resulting from that damage. The maximum ceiling height inside the loading dock is 14′-8″.

(b) SECURITY. The contractor must adhere to all Library of Congress and U.S. Capitol Police physical security protocols and offsite screening procedures. These requirements may change during the course of the contract and it is the responsibility of the contractor to stay in compliance with current regulations. The most current procedures for accessing only the Madison Loading Dock are as follows:

(c) SCREENING PROCESS FOR ALL VEHICLES COMING TO LIBRARY OF CONGRESS LOADING DOCKS & JEFFERSON EAST

PARKING LOT FREIGHT ELEVATOR

Process includes all trucks, cars and vans coming to the LC Capitol Hill campus. All contractors are now required to notify the Off-Site Delivery Center (OSDC) no later than 24 HOURS PRIOR TO ARRIVAL (48-72 hours if possible)

Contractors are required to have a letter on file with the U.S. Capitol Police. The letter must be on company letterhead accompanied by signature of the owner, president or manager and sent directly to the OSDC email:

OSDCAdmin@USCP.GOV and the COR. The letter shall be protected with a password, and the password shall be sent separately. Requests for access must be renewed every year and should contain the following information:

1. Company Name,

2. Drivers/Employee Names requiring access,

3. Social Security Number for each Driver/Employee,

4. Date of Birth for each Drive Employee,

5. Driver License Number,

6. Vehicle make, model, tag number,

7. Building(s) to be accessed,

8. COR’s name and phone number, 030ADV24R0041 Section D

9. Contract number

All deliveries must include a Bill of Lading and designate a Library Point of Contact (POC) name and telephone number for deliveries. If making more than one delivery on the Hill, make the Library of Congress your last stop. If you do not, you will have to go through the screening process again after leaving the Library.

Vehicles leaving the Library are not resealed.

(d) DELIVERIES BEFORE 3:00 P.M. – OFF-SITE DELIVERY CENTER (OSDC)

The OSDC is open Mon-Fri. 4:30 a.m. to 3:00 p.m. at 4700 Shepherd Parkway S.W. for screening by the U.S. Capitol Police. Once cleared, proceed to D Street and Delaware Avenue S.W. (open Mon-Fri.4:45 am – 3:00 pm) to gain access to Capitol Hill. The OSDC phone number is (202)224-0202.

When a vehicle enters the OSDC:

1. Drivers information is checked.

2. Truck unloaded and material X-rayed and screened.

3. Material is replaced and the vehicle is sealed.

4. Vehicle proceeds to Delaware Avenue, seal is verified, and truck is cleared to first destination.

5. If multiple deliveries on the Hill the vehicle will be resealed upon departure from each delivery location – except the Library of Congress.

6. Vehicle arrives at the Library of Congress. The seal is verified and removed by the police.

(e) DELIVERIE S AFTER 3:00 P.M. Weekdays or Saturday – ALL DELIVERIES / WITH COORDINATION WITH USCP LIBRARY DIVISION (Exception basis for same day delivery only)

Provide all information as above and copy the Library Division at police_support@loc.gov (underscore between police and support) and a fax to (202) 707-1030 and include the estimated arrival time. The inspection location is the 600 block of New Jersey Ave. S.E., and C St NW near the power plant. Call the Library Division at (202) 707-1000 who will arrange for the vehicle to be swept. The vehicle will then be escorted to the Library. All containers have a designated placement location and the Contractor shall not leave any container in any area except those identified in this contract. This expressly designates Independence Avenue, C Street, 1st, 2nd, 3rd Streets and East Capitol Street, SE as areas off limits for staging of containers. All delivery vehicles shall have clearly identified company signage. Driver and all onsite staff shall wear distinguishable company uniform and/or company ID. The Contractor shall not travel beyond the dock area of the Madison Loading Dock. The Contractor shall comply with the Library security procedures. Contractor will be briefed by the COR on Library’s security procedures currently in effect. The security procedures vary periodically.

(End of Clause)

030ADV24R0041 Section F

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.247-34 F.O.B. DESTINATION (NOV 1991)

(a) The term "f.o.b. destination," as used in this clause, means—

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarder for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall—

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

030ADV24R0041 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: Fekete, Loren

Address: Contracts & Grants Directorate

Library of Congress

LA 325

Washington DC 20540-9411

Phone: (202) 961-5312

Email: dleonard@loc.gov

Library Contract Specialist: Fekete, Loren

Address: Contracts & Grants Directorate

Library of Congress

LA 325

Washington DC 20540-9411

Phone: (202) 961-5312

Email: lfekete@loc.gov

Library Contracting Officer Representative:

Address:

Phone:

Email:

030ADV24R0041 Section G

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.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).

030ADV24R0041 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.

030ADV24R0041 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

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

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

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

52.233-1 DISPUTES MAY 2014

52.242-13 BANKRUPTCY JUL 1995

52.243-1 CHANGES—FIXED-PRICE AUG 2018

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS ALTERNATE I (JUN

2010)

DEC 2010

52.253-1 COMPUTER GENERATED FORMS JAN 1991

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Feb 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:

[Contracting Officer check as appropriate.]

X (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).

X (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. 637s).

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

(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024)

(15 U.S.C. 657f).

(26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

(31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

(33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(34)(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

(35)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ii) Alternate I (Jul 2014) of 52.222-35.

X (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(ii) Alternate I (Jul 2014) of 52.222-36.

X (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off- the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(44)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(45)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun2014) of 52.223-14.

(46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

(47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

X (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

(49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(50) 52.223-21, Foams (Jun2016) (E.O. 13693).

(51)(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

(ii) Alternate I (Jan 2017) of 52.224-3.

X (52)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

(ii) Alternate I (Oct 2022) of 52.225-1.

(53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C.

2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved].

(iii) Alternate II (Dec 2022) of 52.225-3.

(iv) Alternate III (Feb 2024) of 52.225-3.

(v) Alternate IV (Oct 2022) of 52.225-3.

(54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C.

5150).

X (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

(60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.

4505, 10 U.S.C. 3805).

X (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C.

3332).

(63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

(64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(67)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014)

(41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(4) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 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).

(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117- 328).

(vii)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title

II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xvi)

(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014)

(41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xxii)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of

52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(5) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

I.2 LC52.212-3 INCORPORATION OF CONTRACTOR PROPOSAL (JUN 2016)

The contractor’s proposal, dated is hereby incorporated into this contract by reference to the extent that the proposal does not contravene or contradict the terms and conditions of this contract. Terms and conditions of this contract, Federal Law, and the Federal Acquisition Regulation (FAR) take precedence over the contractor’s proposal.

(End of Clause)

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

2016) FAR 52.212-4, Contract Terms and Conditions – Commercial Items. The clause is modified as follows:

(1) The Library will apply FAR 52.243-1 (Changes – Fixed Price) to any changes under this contract instead of section (c).

(2) The reference in section (d) to the Disputes clause at FAR 52.233-1 refers to the clause as modified by the Library.

(3) The references in section (g)(2) and (i)(2) to the Prompt…