030ADV24R0044.pdf

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Drug Testing Services
Solicitation number
030ADV24R0044
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This document is a solicitation for a single award Indefinite Delivery/Indefinite Quantity (IDIQ) contract for drug testing services for the Library of Congress (Library). The Library requires contractor support to perform and administer confidential multi-functional drug testing services, including urine sample collection and testing, for its over 3,000 employees who are subject to continuous vetting.

The key requirements include providing secure online scheduling and reporting, collection sites in the Washington DC, Fort Meade MD, and Culpeper VA areas, 5-panel and optional 10-panel drug testing, and a third-party Medical Review Officer to review positive, adulterated, rejected, invalid, and substituted test results. The contract period is from August 15, 2024 to August 14, 2029, with a minimum value of $100 and a maximum value of $400,000. Offerors must submit proposals by June 5, 2024.

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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

RQLBN20240015

See SCHEDULE

030ADV24R0044 05-10-2024

Adejuwon, Mojisola (202) 707-0400 06-05-2024

12:00 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

Adejuwon, Mojisola

030ADV24R0044

Table of Contents

SECTION A

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

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

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

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)

D.3 LC52.231-1 PAYMENT OF POSTAGE FEES (MAY 2015)

SECTION F - DELIVERIES OR PERFORMANCE

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

F.2 SCHEDULE OF SERVICES

SECTION G - CONTRACT ADMINISTRATION DATA

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

G.2 LC52.204-5 IDENTIFICATION AND BUILDING PASSES (DEC 2014)

G.3 LC52.232-1 LIBRARY OF CONGRESS INVOICE INSTRUCTIONS (DEC 2022)

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

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

H.3 LC52.204-2 CONDUCT ON LIBRARY PREMISES (JUL 2021)

H.4 LC52.204-3 INFORMATION SYSTEMS SECURITY (SEP 2018)

H.5 LC52.204-4 CONTRACTOR EMPLOYEE FITNESS (AUG 2023)

H.6 LC52.204-27 HANDLING OF FEDERAL RECORDS (JUL 2021)

H.7 LC52.209-1 CONFLICTS OF INTEREST (OCT 2013)

H.8 LC52.237-1 KEY PERSONNEL (AUG 2014)

H.9 LC52.237-2 CONDUCT OF WORK (MAY 2015)

H.10 LC52.239-5 SYSTEMS HOSTED BY EXTERNAL HOSTING PROVIDERS (SEP 2018)

PART II - CONTRACT CLAUSES

030ADV24R0044

SECTION I - CONTRACT CLAUSES

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

I.2 52.232-36 PAYMENT BY THIRD PARTY (MAY 2014)

I.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

I.4 52.216-18 ORDERING (AUG 2020)

I.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.6 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.8 LC52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DEV) (FEB 2016)

I.9 LC52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS - COMMERCIAL ITEMS (DEV) (MAY 2015)

I.10 LC52.216-1A ORDER PLACEMENT - ALTERNATIVE ORDERING PROCEDURES (FEB 2015)

I.11 LC52.228-70 INSURANCE REQUIREMENTS - WORK ON LIBRARY PREMISES (DEC 2014)

I.12 LC52.232-25 PROMPT PAYMENT (DEV) (JUL 2013)

I.13 LC52.233-1 52.233-1 (DEV) DISPUTES (MAY 2014)

I.14 LC52.239-4 SECTION 508 COMPLIANCE (JAN 2015)

I.15 LC52.244-1 SUBCONTRACT NOTIFICATION (OCT 2016)

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 (FEB 2024)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 LC52.233-2 PROTESTS TO THE LIBRARY OF CONGRESS (DEC 2013)

SECTION M - EVALUATION FACTORS FOR AWARD

030ADV24R0044 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 0.00 LOT _______________

Drug Testing Services Contract Period: Base POP Begin: 08-15-2024 POP End: 08-14-2029

GRAND TOTAL _______________

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

This is a single award Indefinite Delivery/Indefinite Quantity (IDIQ) contract. Orders issued under this contract will be firm-fixed priced.

Contract Minimum: the total minimum amount of the contract represents the minimum amount that the Library must order under this IDIQ contract, and which the Contractor is required to furnish over the entire term of the contract. The total minimum amount of this IDIQ contract is $100.

Contract Maximum: the total maximum amount of the contract represents total maximum amount that the Library may order under this IDIQ contract and the contractor is required to furnish over the term of the contract. The total maximum amount for this IDIQ contract is $400,000.

(End of Clause)

B. 3 Price Schedule

The prices provided for all items in this Price Schedule shall be used to establish pricing for orders issued under this contract. In the event that an order's period of performance crosses a contract's period of performance as defined below, the order's rates must comply with the rates current at the time the order is placed. Blended rates are not authorized under this contract.

030ADV24R0044 Section B

Item Description Unit Turnaround Time

Price – Ordering Period 1

Price – Ordering Period 2

Price – Ordering Period 3

Price – Ordering Period 4

Price – Ordering Period 5

Price –

Optional Ordering Period (6 Months)

1 Collection Each Collection Occurs within 48 hours of order

2 5-Panel Drug Test

Each Results available within 5 calendar days of order

3 10-Panel Drug Test

Each Results available within 5 business days of order

4 MRO Review Fee

Each Review is completed within 5 business days of order

5 Split Collection Each Collection occurs within 48 hours of order

6 Alternate Site Collection (if applicable)

Each Collection occurs within 48 hours of order

030ADV24R0044 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. OVERVIEW / BACKGROUND

The Library of Congress (Library) is a federal agency that houses the world’s largest library collections and employs more than 3,000 people. Because of the value of the collections and the sensitive information and systems the staff may have access to, the Library must continuously update its personnel security policies. All employees entrusted at the Library are now subject to continuous vetting. If the Library determines that a drug testing agreement is required to maintain the trust the Library has in the employee, that employee may be required to submit to drug tests at least quarterly for a period of several years. The Library requires contractor support to perform and administer confidential multi-functional drug testing services as part of this effort.

C.2. SCOPE

Contractor shall provide and administer multi-functional drug testing services for the Library of Congress.

C.3. REQUIREMENTS

The contractor shall provide a secure online portal and account system for approved Library staff to place orders through, provide multiple collection sites in and around the Washington, DC, Fort Meade, MD, and Culpepper, VA areas, collect and test urine samples for prohibited substances, verify positive test results with a third party Medical Review Officer (MRO) and provide results of all tests promptly to the Library.

C.3.1 DRUG TESTING SERVICES

The contractor shall provide a mix of administrative support and collection related services as ordered by the Library (anticipated at 300 employees at least quarterly). The contractor shall:

a) Provide administrative support and collection services;

b) Provide access to drug testing scheduling, results and reports through the vendor’s secure internet site;

c) Assist the Library with resolution of contract related issues;

d) Collect urine samples as ordered by the Library;

a. Some employees may require split testing. In this case, the contractor will collect two samples from the employee at the same time.

e) Perform drug testing on the collected samples as ordered by the Library;

f) Confirm result findings;

g) Provide Federal Custody and Control forms (CCFs) (as promulgated by the Department of Transportation), testing kits and shipping labels to collection sites;

h) Perform collection in accordance with appropriate Federal regulations found at 88 FR 70768;

i) Ship and track collected specimen using a tracking system accessible to the Library;

j) Prepare and ship split specimen to second lab, if necessary;

k) Provide multiple sites for collection of specimens;

l) Provide test results via internet and via email, fax, and mail upon request;

m) Provide an update of the collection status to the specified Library contact as requested;

n) Contract with a Medical Review Officer (MRO) who will complete the requirements of Section 3.1.2.1 MRO Responsibilities below; and

o) Report results directly to the MRO.

C.3.1.2 MRO Designation

The MRO serves as the common point of contact between all participants in a drug test (i.e., the donor, the collector, the test facility, and the Library’s designated representative). The MRO may be an employee or a contractor for a federal agency; however, the following restrictions apply:

a) The MRO must not be an employee or agent of, or have any financial interest in, a laboratory or testing facility for which the MRO is reviewing drug test results;

b) The MRO must not derive any financial benefit by having an agency use a specific test facility or have any agreement with a laboratory or testing facility that may be construed as a potential conflict of interest; and

c) The MRO must meet the qualifications identified in 49 C.F.R. § 40.121 Who is qualified to act as an MRO?.

C.3.1.2.1 MRO Responsibilities

The MRO shall:

a) Review all positive, adulterated, rejected for testing, invalid, and (for urine) substituted test results;

b) Ensure that specimens reported as negative and (for urine) negative/dilute are properly reviewed and reported to the agency’s designated representative;

c) Review at least 5% of the negative results reported by staff to ensure the MRO staff are properly performing the review process. This review should include all specimens that required corrective action;

d) Discuss potential invalid results with the laboratory to determine whether further testing at another laboratory is warranted;

e) Complete action on a report from a laboratory or testing facility by—

i. Reviewing the information on the MRO copy of the Federal Custody and Control Form (CCF) that was received from the collector and the report received from the laboratory or testing facility;

ii. Interviewing the donor when required (e.g., to verify the existence of prescribed medication that could explain the result and/or to collect evidence of the prescription and subsequent dispensing of that prescription);

iii. Making a determination regarding the result; and

iv. Reporting the verified result to the federal agency.

f) Maintain all records for a minimum of 2 years while maintaining the confidentiality of the information. The MRO may discard hardcopy records 6 months after conversion to electronic records (with appropriate security);

g) Conduct a medical evaluation of the donor or a review of the examining physician’s findings and make a determination of “refusal to test” or “cancelled test” when a collector reports that the donor was unable to provide a urine specimen;

h) Monitor the frequency of errors and notify responsible parties to take corrective action to prevent recurrence;

i) Review the results of federal agency blind samples and perform the initial investigation into discrepant results; and

j) Request additional testing (as allowed) to help in the determination of a final result for a donor specimen.

The contractor shall furnish the necessary services, personnel, materials, equipment, and collection facilities needed to perform this contract.

C.3.2 Collection Sites

The contractor shall provide multiple collection sites within the Washington, DC and Culpepper, VA metro areas, including at least one site within 10 miles of each of the Library’s Capitol Hill, Fort Meade, MD, and NAVCC Campuses.

The contractor website shall comply with the accessibility standards required by section 508 of the Rehabilitation Act (29 U.S.C. 794) and its implementing regulations at 36 C.F.R. 1194.1.

C.3.3 Drug tests performed, specimen types, Substances tested

The contractor shall provide testing for any reason as ordered by the Library. The contractor shall collect urine samples for testing. The contractor shall offer optional split sample collection. Each test shall at a minimum test for marijuana, cocaine, opioids, amphetamines, and phencyclidine (PCP) (a 5-panel test). The contractor shall offer optional 10-panel testing, which shall test for all of the drugs tested under a 5-panel test and further test for barbiturates, benzodiazepines, propoxyphene, methadone, and methaqualone.

C.3.4 Secure Online Account/Web Portal

The contractor shall provide a secure online screening software system that allows the COR to order and track collection kits, view test results, generate customizable reports, and store the results securely. The contractor shall provide training to Library staff for online account and web portal usage.

C.3.5 CUSTOMER SERVICE

The contractor shall provide customer support available via website and phone Monday through Friday, (9am to 5pm EASTERN). The customer support shall assist the Library with questions about the drug testing process.

C.4 CONTRACT PERFORMANCE

C.4.1 QUALITY CONTROL

Specimen collections shall have a rejection rate of less than 1%. In the event that specimens are invalid or inconclusive, the Contractor’s system shall trigger shipment of new custody and control forms, testing kits, and shipping labels to collection site. The contractor shall also re-ship lost specimens and testing kits, control forms, and shipping labels to the collection site, at no additional cost to the agency.

C.5 SPECIAL QUALIFICATIONS

5.1 KEY PERSONNEL

The following position is considered key personnel:

The contractor shall contract with a third-party medical review officer with the qualifications identified in Paragraph C.

3.1.2 above. The MRO shall review all positive, adulterated, rejected, invalid, and substituted tests as required by Paragraph C.3.1.2.1 above, along with all other responsibilities therein. The name of this person and an alternate who shall act as the MRO in the event that the MRO is absent shall be designated in writing to the contracting officer.

030ADV24R0044 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, 030ADV24R0044 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)

D.3 LC52.231-1 PAYMENT OF POSTAGE FEES (MAY 2015)

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

(End of Clause)

030ADV24R0044 Section F

SECTION F - DELIVERIES OR PERFORMANCE

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

Place of Performance: The work to be performed under the contract will be performed at contractor’s facilities and at Library facilities as identified in Section C.3.2 above and at the contractor’s normal place of business. The Library’s facilities are located at the following locations:

Library of Congress Capitol Hill Campus 101 Independence Ave. SE Washington, D.C. 20540

Library of Congress Packard Campus 19053 Mount Pony Road Culpeper, VA 22701-7551

Library of Congress Book Storage Facility 100 Montgomery Meigs Rd Fort Meade, MD 20755

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

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

(End of Clause)

F.2 SCHEDULE OF SERVICES

Paragraph Reference

Task Performance Standard Turnaround

C.3.1 Drug testing services

Provide custody and control forms, testing kits, and shipping labels to collection sites, and complete collection within two (2) calendar days of order.

Collection occurs within two (2) days of each test order. Contractor shall be prepared to accept orders within fourteen (14) calendar days of the period of performance start date.

C.3.1 Lab Results, including MRO review if necessary

99% of all lab results are available within 5 business days

Library can use Secure Online Web Portal to view results within five (5) business days of collection.

C.3.1 Secure Online Web Portal

99% Availability 24 hours per day, seven (7) days per week

Secure Online Web Portal shall be available for

030ADV24R0044 Section F

Library use within fourteen

(14) calendar days of the period of performance start date, and remain continuously available for the remainder of the contract.

C.3.1 Customer Support Response Times

Answer and resolve 99% of help center requests within 24 hours.

Contractor Customer Support shall be available at a minimum Monday through Friday, (9am to 5pm

EASTERN)

Contractor shall be prepared to begin providing support within fourteen (14) business days of the period of performance start date.

030ADV24R0044 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: Mojisola Adejuwon Address: Contracts & Grants Directorate, The Library of Congress 101 Independence Ave. SE Washington, D.C. 20540 Phone: (202) 707-0400 Email: moad@loc.gov

Library Contract Specialist: Olexiy Levchuk Address: Contracts & Grants Directorate, The Library of Congress 101 Independence Ave. SE Washington, D.C. 20540 Phone: (202) 707-1462 Email: olevchuk@loc.gov

Library Contracting Officer Representative: To be provided at the time of award Address: To be provided at the time of award Phone: To be provided at the time of award Email: To be provided at the time of award.

Contractor Contract Administrator: To be provided at the time of award Address: To be provided at the time of award Phone: To be provided at the time of award Email: To be provided at the time of award

G.2 LC52.204-5 IDENTIFICATION AND BUILDING PASSES (DEC 2014)

(a) The Contractor shall schedule with the COR time for contractor staff to be available to receive Library-issued photo identification badges prior to starting work.

(b) The Contractor shall provide instruction and ensure that each employee performing work under this contract displays their photo-identification badges at all times they are present on-duty in the building. Refusal or repeated neglect to display the photo-identification may result in an unsuitability determination.

(c) Upon termination, resignation or other event leading to a contract employee leaving duty under this contract, the Contractor is responsible for returning all Government identification, building passes, keys, and other Government property issued to that employee. Failure on the part of the Contractor may result in the Contractor’s liability for all costs associated with correcting the resultant breach in building security.

030ADV24R0044 Section G

(d) The requirements of this clause are applicable to and shall be observed by all subcontractors who perform work at all Library of Congress facilities.

(e) The Contractor shall ensure that all employees, both directly employed and subcontracted, contractor’s and sub-contractors, obtain Library ID badges. Badges shall be visibly displayed at all times while in Library premises. The Library will issue badges without charge. Contractor shall accurately maintain a list of employee badge number on the Employee Roster and provide updates to the COR upon request. An employee’s badge shall be returned within 5 days from the termination of that employee’s employment. All badges shall be returned at the completion/termination of the contract.

(End of Clause)

G.3 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). Contractors must not submit invoices through IPP for Purchase Card orders.

(End of Clause)

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

The contractor must submit invoices for payment upon delivery of the items or successful performance of the events identified in the order pursuant to the standards and acceptance criteria defined in this contract and applicable order.

Purchase card orders will be accompanied by an email invoice or bill at the time the services are ordered.

030ADV24R0044 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 LC52.204-2 CONDUCT ON LIBRARY PREMISES (JUL 2021)

1. Access to Library buildings and grounds is governed by 36 C.F.R. part 702 - Conduct on Library Premises. Contractor staff must comply with these requirements and restrictions and related Library of Congress Regulations and Directives.

2. The Library is committed to preventing and addressing all forms of discriminatory harassment and to ensuring that Equal Employment Opportunity (EEO) principles are fundamental to Library culture. Everyone — employees, interns, volunteers, contractors, researchers, and visitors — is expected to help make the Library a respectful environment free from offensive behavior.

a. Library of Congress employees, contractors, interns, volunteers, researchers, patrons, and other visitors have a right to Library facilities that are free from discrimination based on their race, color, national origin, religion, sex, sexual orientation, gender identity, age (40 and over), disability, genetic information, union affiliation, political affiliation, or marital status.

b. The Library does not tolerate discrimination – including sexual harassment, other forms of harassment, or a hostile work environment – based on these factors. The Library does not tolerate retaliation against anyone who engages in any form of protected EEO activity.

c. Contractor (including subcontractor) staff alleged to have engaged in discrimination or retaliation in the performance of this contract may be prohibited from entering Library facilities to perform work under their contracts.

Contractors are required to promptly respond to all Library inquiries into allegations of discrimination, and must, in good faith, cooperate with Library investigations. Good faith cooperation includes, but is not limited to, making contractor staff available for:

1. Formal and informal interviews by Library agents investigating allegations of discrimination;

2. Reviewing and signing appropriate affidavits or declarations summarizing statements provided by such contractor staff during the course of an investigation;

3. Producing documents requested by the Library agents conducting the investigation; and

4. Preparing for and providing testimony in depositions or in administrative hearings.

(End of Clause)

H.4 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.5 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.6 LC52.204-27 HANDLING OF FEDERAL RECORDS (JUL 2021)

(a) Definitions “Records,” as defined in 36 C.F.R. § 703.4(a), includes all books, papers, maps, photographs, reports, and other documentary materials, exclusive of materials in the Library’s collections, regardless of physical form or characteristics, made or received and under the control of the Library in pursuance of law or in connection with the transaction of public business, and retained, or appropriate for retention, by the Library as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the government or because of the informational value of data contained therein. The term refers only to such items in being and under the control of the

Library. It does not include the compiling or procuring of a record, nor does the term include objects or articles, such as furniture, paintings, sculpture, three-dimensional models, structures, vehicles, and equipment. All data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Privacy Act of 1974 (5 U.S.C. 552a), as amended, and Library of Congress regulations at 36 CFR Part 703.

(b) Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs.

21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, Library of Congress regulations at 36 CFR Part 703 and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, Contractor shall manage and schedule records for disposition only as permitted by statute or regulation.

3. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or which is exempted from public disclosure by 36 C.F.R. 703.5.

4. The Library of Congress shall own the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which the Library of Congress shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227- 20.

5. In accordance with 36 CFR 1222.32, Contractor shall maintain and manage all records in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

6. The Contractor shall only remove records from the legal custody of the Library of Congress or destroy them in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report the event to the Contracting Officer.

7. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Library of Congress control unless otherwise directed by the Contracting Officer.

8. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract vehicle in accordance with instructions provided by the Contracting Officer. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

9. The Contractor shall not create or maintain any records containing any non-public Library of Congress information that are not specifically authorized by the contract.

10. All Contractor employees assigned to this contract who create, work with, receive, store, or otherwise handle records shall take Library of Congress-provided records management training. The Contractor shall be responsible for confirming training has been completed.

11. The Contractor shall obtain the Contracting Officer’s approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts.

12. The Contractor (and any sub-contractor) shall abide by Government and Library of Congress guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information. The Contractor shall immediately notify the Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment.

(c) Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract vehicle, and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

(End of Clause)

H.7 LC52.209-1 CONFLICTS OF INTEREST (OCT 2013)

The services required in performance of this contract involve access to non-public information and/or services that are closely associated with the performance of inherently governmental functions that may result in conflicts of interest related to this contract, other contracts, or future contracts for which the contractor may intend to compete. Federal Acquisition Regulation subpart 9.5 describes circumstances and provides illustrative examples of circumstances that may give rise to conflicts of interest.

The Contractor must identify to the contracting officer any conflicts of interest, actual or potential, that may reasonably be expected to arise in performance of this contract. The contractor must provide a detailed written description of the conflict of interest and a plan explaining any and all steps the Contractor will undertake to avoid or mitigate the conflict.

Failure to disclose actual or potential conflicts of interest may subject the Contractor to corrective action including but not limited to termination of this contract, debarment of the contractor, and/or other appropriate civil or criminal actions.

It is solely within the discretion of the Library to determine whether or not a conflict of interest exists and whether any mitigation plan submitted by the Contractor mitigates a conflict.

The Contractor shall include this clause in all subcontracts, consultant agreements, and lower tier subcontracts unless a waiver is granted by the Contracting Officer.

(End of Clause)

H.8 LC52.237-1 KEY PERSONNEL (AUG 2014)

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

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

The contractor shall contract with a third-party Medical Review Officer (MRO) with the qualifications identified in Section C.3.2.1 above. The MRO shall review all positive, adulterated, rejected, invalid, and substituted tests as required by Section C.3.2.1.1. above, along with all other responsibilities therein. The name of this person and an alternate who shall act for the contractor in the event that the MRO is absent shall be designated in writing to the contracting officer.

Position/Labor Category Name

Medical Review Officer (MRO)

Medical Review Officer (MRO) - Alternate

(End of Clause)

H.9 LC52.237-2 CONDUCT OF WORK (MAY 2015)

The personnel employed by the Contractor shall be capable employees qualified in this type of work. The Contractor shall be responsible for all damage to Library property by the activities of his employees resulting from these operations.

The Contracting Officer may require removal from work on this contract any employee(s) that may be deemed incompetent, careless, insubordinate, unsuitable, or otherwise objectionable, or whose continued employment is deemed contrary to the public interest or inconsistent with the best interest of or the security of the Library.

(End of Clause)

H.10 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.

030ADV24R0044 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

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011

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

52.227-14 RIGHTS IN DATA—GENERAL MAY 2014

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.224-2 PRIVACY ACT APR 1984

52.224-3 PRIVACY TRAINING JAN 2017

52.232-25 PROMPT PAYMENT JAN 2017

I.2 52.232-36 PAYMENT BY THIRD PARTY (MAY 2014)

(a) General. (1) Except as provided in paragraph (a)(2) of this clause, the Contractor agrees to accept payments due under this contract, through payment by a third party in lieu of…

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