030ADV25Q0194 BE-ERP.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

030ADV25Q0194 08-21-2025

Lucas, Tiffany (202) 707-5688 09-15-2025

14:00 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

Enterprise Resource Planning System (ERP)

SEE CONTINUATION PAGES

See CONTINUATION Page

X X

X 1

Lucas, Tiffany

030ADV25Q0194

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

B.4 SCHEDULE OF ITEMS TABLE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

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

SECTION G - CONTRACT ADMINISTRATION DATA

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

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

G.3 LC52.232-2 SCHEDULE OF PAYMENTS (JUN 2015)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

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

H.3 LC52.237-1 KEY PERSONNEL (AUG 2014)

H.4 LC52.204-2 CONDUCT ON LIBRARY PREMISES (JUL 2021)

H.5 LC52.204-3 INFORMATION SYSTEMS SECURITY (JUL 2024)

H.6 LC52.237-2 CONDUCT OF WORK (MAY 2015)

H.7 LC52.239-1 INFORMATION SECURITY (JULY 2025)

H.8 LC52.239-5 SYSTEMS HOSTED BY EXTERNAL HOSTING PROVIDERS (SEP 2018)

H.9 LC52.239-7 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY (JAN 2025)

H.10 RESTRICTIONS ON USE OF GENERATIVE ARTIFICIAL INTELLIGENCE TOOLS

PART II - CONTRACT CLAUSES

030ADV25Q0194

SECTION I - CONTRACT CLAUSES

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

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

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

I.3 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM (MAR 1989)

I.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.6 LC52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DEV) (FEB 2016)

I.7 LC52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS - COMMERCIAL ITEMS (DEV) (MAY 2015)

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

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

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 (MAY 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

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

030ADV25Q0194 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

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

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

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

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

(End of Clause)

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

This is a Firm-Fixed-Price contract.

(End of Clause)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 LOT _______________

BE Enterprise Resource Planning System Services and support as described in Section B.4 Schedule of Items Table and Section C SOW.

Contract Period: Base POP Begin: 10-12-2025 POP End: 10-11-2026

0101 1.00 LOT _______________

BE Enterprise Resource Planning System Services and support as described in Section B.4 Schedule of Items Table and Section C SOW.

Contract Period: Option 1 POP Begin: 10-12-2026 POP End: 10-11-2027

0201 1.00 LOT _______________ _______________

BE Enterprise Resource Planning System Services and support as described in Section B.4 Schedule of Items Table and Section C SOW.

Contract Period: Option 2 POP Begin: 10-12-2027 POP End: 10-11-2028

0301 1.00 LOT _______________

BE Enterprise Resource Planning System Services and support as described in Section B.4 Schedule of Items Table and Section C SOW.

Contract Period: Option 3 POP Begin: 10-12-2028 POP End: 10-11-2029

0401 1.00 LOT _______________

BE Enterprise Resource Planning System Services and support as described in Section B.4 Schedule of Items Table and Section C SOW.

Contract Period: Option 4 POP Begin: 10-12-2029 POP End: 10-11-2030

GRAND TOTAL _______________

B.4 SCHEDULE OF ITEMS TABLE

CLIN Description of Supplies/Services Est. Qty. Unit Unit Price Amount

BASE YEAR

Base Yr. Project Management 1 Lot $ -

Base Yr. ERP Application (Software & Database) 1 Lot $ -

Base Yr. O&M Support 1 Lot $ -

Base Yr. Stationary POS Equipment 5 EA $ -

Base Yr. Remote POS Equipment 2 EA $ -

Base Year Equipment Warranty 1 Lot $ -

Base Yr. Licenses 25 EA $ -

Transaction Fees (Secure Pay) 162,000 EA $ -

Base year Cloud user license 25 EA $ -

Base year VPN Tunnel 4 EA $ -

Base year Middleware hosting & support 1 Lot $ -

Base year Cloud creation and migration 1 Lot $ -

Base year Two factor authentication key 1 Lot $ -

Base Year $ -

OPTION YEAR ONE

Option Yr. 1 Licenses 25 EA $ -

Option Yr. 1 ERP Application (Software & Database) 1 Lot $ -

Option Yr. 1 O&M Support 1 Lot $ -

Option Yr. 1 Transaction Fees (Secure Pay) 165,000 EA $ -

Option Yr. 1 Cloud user license 25 EA $ -

Option Yr. 1 VPN Tunnel 4 EA $ -

Option Yr. 1 Middleware hosting & support 1 Lot $ -

Option Year One $ -

OPTION YEAR TWO

Option Yr. 2 Licenses 25 EA $ -

Option Yr. 2 ERP Application (Software & Database) 1 Lot $ -

Option Yr. 2 O&M Support 1 Lot $ -

Option Yr. 2 Transaction Fees (Secure Pay) 168,000 EA $ -

Option Yr. 2 Cloud user license 25 EA $ -

Option Yr. 2 VPN Tunnel 4 EA $ -

Option Yr. 2 Middleware hosting & support 1 Lot $ -

Option Year Two $ -

OPTION YEAR THREE

Option Yr. 3 Licenses 27 EA $ -

Option Yr. 3 ERP Application (Software & Database) 1 Lot $ -

Option Yr. 3 O&M Support 1 Lot $ -

Option Yr. 3 Transaction Fees (Secure Pay) 171,000 EA $ -

Option Yr. 3 Cloud user license 27 EA $ -

Option Yr. 3 VPN Tunnel 4 EA $ -

Option Yr. 3 Middleware hosting & support 1 Lot $ -

Option Year Three $ -

OPTION YEAR FOUR

Option Yr. 4 Licenses 29 EA $ -

Option Yr. 4 ERP Application (Software & Database) 1 Lot $ -

Option Yr. 4 O&M Support 1 Lot $ -

Option Yr. 4 Transaction Fees (Secure Pay) 171,000 EA $ -

Option Yr. 4 Cloud user license 29 EA $ -

Option Yr. 4 VPN Tunnel 4 EA $ -

Option Yr. 4 Middleware hosting & support 1 Lot $ -

Option Year Four $ -

TOTAL BASE + OPTION YEARS $ -

Optional Items

Round-up functionality 1 Lot $ -

Setup Multiple Inventory locations 1 Lot $ -

(CRM) Customer Relationship Mgt. 1 Lot $ -

Functionality User Training 1 Lot $ -

TBD

Total Optional Items $ -

GRAND TOTAL $ -

B.4.1 Optional Items. The Library may exercise FAR 52.217-7 Option for Increased Quantity - Separately Priced Line Item for the optional improvement items identified in Section C.4.

This option to increase quantity may be exercised during the base or option year 1 for any one of the optional improvement items. The Contracting Officer may issue a fully funded modification that will add a new CLIN for the option exercise. This new CLIN will specify the optional improvement item and the period of performance.

030ADV25Q0194 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Enterprise Resource Planning System (NCR Voyix Counterpoint)

C.1 OVERVIEW / BACKGROUND

The Library of Congress (Library), Office of Business Enterprises (BE) is responsible for developing and enhancing the Library’s fee-based services to the public by providing strategically targeted products and services. These products and services support the Library’s core mission and facilitate public access to its collections. The support services provided by BE are cost-recovery activities, where revenues are expected to fund operational costs as well as the cost of future growth and unforeseen circumstances. This legislative requirement to recover costs places a premium on efficient business practices, establishing economies of scale, and reducing unnecessary and redundant costs.

BE has three core business entities that function separately:

Catalog Distribution Services (CDS) – Provides subscription-based web services for catalogers and facilities distribution of the Library’s Machine-Readable Cataloging (MARC) data.

Duplication Services (DS) – Provides made-to-order replication of Library collection items.

Retail Services (Retail) – Operates onsite gift shop and e-commerce site to sell gift products.

BE currently utilizes NCR Voyix Counterpoint (Counterpoint) version: 8.5.7, which operates our three core business entities in a Windows 11 environment. The system supports POS (point of sale), inventory management, customer management, shipping, order processing/management, finance, accounting, and other Enterprise Resources Planning (ERP) operational functions. BE utilizes Counterpoint to calculate accounts payable and accounts receivable transactional data to supply sub-ledgers for financial reporting to the Library’s financial division.

Counterpoint is also networked to the Modern Retail and Salesforce applications via API. Modern Retail enables physical store inventory recorded in Counterpoint to update based on online sales transactions in the Library’s Shopify store.

Salesforce enables Cataloging Distribution and Duplication Services transactions (customer quotes, orders, production status and general inquiries) to be assigned, tracked and recorded based on Counterpoint status and payments received.

Counterpoint is integrated with CGIs Momentum application via API. This integration links the Retail purchasing (purchase orders) with the Library’s financial system. The integration ties purchase orders transactions in Counterpoint to application to vendor purchases and receipts for payment.

The objective of this contract is to enable BE to maintain all functions for its three business lines now executed in its Counterpoint architecture. Each business entity (Retail, Cataloging Distribution Service and Duplication Services) shall be sustained to enable its own customer database, product database, order history and business reporting. Existing data shall be maintained in the application. Neither the Cataloging Distribution Service nor Duplication Service maintains a physical inventory.

C.2 SCOPE

The Contractor will be required to transition BE’s existing Counterpoint version 8.5.7 to version 8.6 (or the most recent version that can be implemented and supported in the Library’s hybrid environment (hosted on-premise and cloud)). In addition, the contractor shall provide Counterpoint user licenses annually and software support. Additionally, the contractor shall provide five (5) stationary NCR Point of Sale (POS) stations (POS, receipt printer, peripherals), two (2) remote NCR POS equipment to support offsite events and include five-year warranty support for all equipment.

C.3 REQUIREMENTS

The Contractor shall:

a. Upgrade Counterpoint Software. Coordinate with the Library’s Chief Information Officer’s staff to develop a project plan to transition from our existing Counterpoint version: 8.5.7 to version 8.6 (or the most recent version that can be implemented and supported in our hybrid environment (hosted on-premise and cloud). This includes identifying the critical path, ensuring accuracy of the system configuration, integrity of the data migrated and critical dependencies in within proposed plan. The Contractor shall ensure the system architecture adheres to the Library’s security policies and standards.

Software application should have the ability to record, track, and monitor role-based user activity and maintain these databases:

Product database - product name, type, cost/retail, item number, source/vendor Customer database - name, address, email, phone, organization, purchase history, renewal notifications, customer type (i.e. federal, university, publisher, museum, etc.)

Sales database - transactional history by customer, internal user, order value, product, product type, location, customer type, location, renewal date, opportunity (i.e. activity/purchase history)

Software application shall provide business analysis reporting. Business reports must include:

Sales reports: period, customer, product/service, side by side Profit analysis by product/service, category Staff productivity

The Contractor shall hold a discovery kick-off meeting with the Library’s stakeholder group within seven (7) business days after award. Based on their findings, the Contractor shall deliver the initial project plan within 14 business days after the kick-off meeting for review and comment to the Contracting Officer’s Representative (COR) who shall provide written feedback and comments within seven (7) business days. The Contractor shall provide a finalized project plan within seven (7) business days of receiving comments from the Library.

b. User Licenses. Provide user subscriptions/licenses for the software annually. Reference Section B Schedule of Items for number of subscriptions/licenses and annual period of performance dates.

c. Migration Efforts: The Contractor shall be responsible for migrating databases from the current Counterpoint version to the updated version and plan and execute user acceptance Testing (UAT). UAT includes successful functionality of all modules of the application and its existing interfaces when executed by Library staff using migrated data in the staging/test environment. Full acceptance is precedented on the application being fully operable with no disruption of the existing Library security guidelines, permissible administrative controls and boundaries in the production environment.

Software application shall maintain the capability to track “work- in- progress” in a production environment.

Duplication Services frequently provides customers with quotes (estimates) before work begins. These quotes do not always convert to orders; some must be closed. Others are converted into active orders for production, wherein all the customer and ordering information contained in the quote from Duplication Services to the customer automatically populate the customer’s order. This includes customer data, the quoted pricing, product information- this should be in a relational database. The information from Duplication Services quote to the customer shall automatically populate the corresponding customer order.

Software application shall maintain the ability to generate pro forma invoices, which are used in the payment process for customer orders.

The current product, customer, order and sales database and history shall be sustained in the new environment after migration. Amount of data shall be determined during development of project plan. The Library will provide this data in terabytes (TB).

The Library will provide hosting environment (Aero Standard cloud or similar) and migration from current infrastructure to enable successful UAT of the data and functionality within the application prior to full implementation and acceptance. This testing approach shall be used to validate any application changes that impact user functionality once the system goes live in production. This will include a migration plan from current on premise and cloud instance to Contractor’s cloud hosted environment.

d. Project management. The Contractor shall provide project oversight and work the Library’s implementation team to ensure that the accepted project deliverables and timeline are met. Security documentation including boundary and configurations diagrams.

e. Operations and Maintenance. Provide operations and maintenance support for database, hosting environment, system testing, and activities that maintain ATO (authority to operate).

f. Equipment. The Contractor shall purchase up to five (5) stationary POS stations (POS, receipt printer, peripherals) and two (2) remote POS equipment to support offsite events; remote equipment must function within Library security boundaries on behalf of the Library. Five (5) Year Warranty support to be provided for each equipment.

g. POS transactional fees. The software application shall support a variety of payment methods that offer a secure payment network for a standard transaction fee (Secure Pay).

C.4 OPTIONAL ACTIVITIES

The Library has optional improvements planned in Business Enterprises. The timing and execution of these improvements shall be budgetary based. Should they be exercised, they are expected to be executed in the base year or option year one. They shall be exercised based solely at the discretion of the Library.

a. Round-up capability at POS and the ability to accept, track and record payment amounts above those of the transaction value. These monies shall be collected for fundraising or other predefined purposes on behalf of the organization.

b. Setup Multiple Delivery Locations. Contractor will assist Library to define and configure multiple stocking locations. These include two store locations and stockrooms. Inventory shall be accounted, received, distributed and sold by location.

c. Customer Relationship Management system (CRM): configure CRM to track customer segmentation, execute marketing campaigns, track buyer behavior/history in the Retail POS and customer databases for all services (ex.

Retail Cataloging Distribution and Duplication Services.)

d. Functionality User Training: expect training across functional areas within the application including finance, order management, purchasing, production (Duplication Services), and customer support. There should be hands on training with the application, plus on-demand documentation via a website or manual. Develop a training plan with input from the Library/COR. Deliverable and schedule for delivery to be defined at time of modification to exercise this option. It shall designate the training area, number of users and meeting schedule (days/duration). A sum of 16 training hours shall be provided for all staff and areas prior to system go-live date. Hands on training shall be conducted prior to system go-live date in small groups (up to 5 staff/per subject area) in remote/online sessions with live instructor. Updated training documentation should be available on-demand online or via PDF download. This can include recorded sessions. Training to be conducted prior to go-live of system (within 90 days of contract award date).

C.5 DELIVERABLES

REQUIREMENTS

REFERENCE DESCRIPTION DUE DATE

C.3.a Kickoff Meeting Within seven (7) business days of contract award date

C.3.a Initial Project Plan Within 14 business days after kickoff meeting

C.3.a Finalized Project Plan Within seven (7) business days of receiving COR comments

C.3.c

Migration of data, configuration and functionality of all components in section C3 (in test environment)

Within 50 days of contract award date

C.3.c Successful data migration and configuration in production environment

Within 80 days of contract start

C.3.c

Migration from LOC current hosting environment and migration to Contractor’s cloud solution. Successful UAT and application training completed (with supporting documentation) in production environment

Within 70 days of contract start

C.3.d Security Documentation

Initial draft within 60 days of contract award date

Final draft within 15 days of end of UAT unless otherwise mutually agreed

Note: Interim drafts may be required due to updates. Interim drafts will be due upon mutually agreed timeframes at time of change.

C.3.f Equipment Within 15 days of contract award date unless otherwise mutually agreed.

030ADV25Q0194 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/Order Number

d. Date of Shipment

e. Itemized list of contents

f. COR Name at the Library

g. Contractor Name and Address

(End of Clause)

030ADV25Q0194 Section E

SECTION E - INSPECTION AND ACCEPTANCE

Inspection and Acceptance under this contract will be in accordance with paragraph (a) Inspection/Acceptance of FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services.

030ADV25Q0194 Section F

SECTION F - DELIVERIES OR PERFORMANCE

FAR Number Title Date

52.242-15 STOP-WORK ORDER AUG 1989

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

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

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

Place of Performance: The work to be performed under this contract shall be done at the contractor’s facility and onsite at the Library of Congress (specifically for deployment of equipment (Reference C.3.f)), unless mutually agreed to otherwise.

Deliverables: The Contractor shall deliver equipment defined in Section C.3.f to the Library of Congress. Other deliverables shall be submitted to the Contracting Officer’s Representative (COR) electronically unless mutually agreed to otherwise.

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

Library Hours of Operations: 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.

030ADV25Q0194 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: Lucas, Tiffany

Phone: (202) 707-5688

Email: tluc@loc.gov

Library Contract Specialist: Fairbanks, Carrie

Phone: (202) 707-5000

Email: cfairbanks@loc.gov

Library Contracting Officer Representative: Provided at time of award

Contractor Contract Administrator: Provided at time of award

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

The Contractor must prepare and submit invoices electronically to: https://www.ipp.gov. The Contractor may submit payment requests using other than electronic means only when alternate procedures are authorized by the contracting officer in writing. Assistance is available via the IPP Help Desk via email at: ippcustomersupport@fiscal.treasury.gov or by commercial telephone at (866) 973-3131. Invoices shall contain the information required in FAR 52.212-4, paragraph (g).

(End of Clause)

G.3 LC52.232-2 SCHEDULE OF PAYMENTS (JUN 2015)

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

030ADV25Q0194 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 LC52.237-1 KEY PERSONNEL (AUG 2014)

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

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

Position/Labor Category Name

Project Manager

(End of Clause)

H.4 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.5 LC52.204-3 INFORMATION SYSTEMS SECURITY (JUL 2024)

(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 Library’s 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 staff must successfully complete mandatory information systems security training and access forms prior to use of or access to any of the Library’s digital assets.

(a) The required training is available on the Library’s learning management system, LOC Learn, at https://www.loc.gov/extranet/cld/. Library staff will provide further instructions upon onboarding.

(b) 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 https://www.loc.gov/staff/cld/.

(End of Clause)

H.6 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.7 LC52.239-1 INFORMATION SECURITY (JULY 2025)

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

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

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

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

(d) The Contractor shall ensure that all documents designated “Security Category: Moderate”, “Security Category: High” and “Limited Official Use Only” are not emailed to or from an external email system. These documents may only be emailed between Library of Congress email accounts, or within a secured corporate email network.

(e) The Contractor shall ensure that all documents designated “Security Category: Moderate”, “Security Category: High” and “Limited Official Use Only” are shredded, burned, or otherwise destroyed before being disposed of in accordance with applicable corporate and federal records management policies.

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

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

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

(i) The Contractor shall ensure that all Library information that is labeled “Security Category: Moderate”, “Security Category: High” and “Limited Official Use Only” is encrypted using a Federal Information Processing Standards Publication (FIPS) 140-3 validated application configured in FIPS mode. This includes information stored on internal hard drives and removable devices (e.g., CD-Rs, flash drives, etc.)

(j) The Contractor must provide a written list of anti-virus, anti-spyware, firewall, encryption products, versions and proof of licenses, along with the automatic operating system patching status, MAC address (if applicable) and user name for each system being used to process Library information. Patching shall include Operating System packages and third party software installed on any systems accessing the Library Networks.

(k) In accordance with NIST SP 800-61 (rev 3) or current version, the Contractor shall report to infosec@loc.gov, the Contracting Officer, and the COR any adverse events that are computer security related or computer security incidents (adverse events and computer security incident as defined in NIST SP 800-61 (rev 3) or current version) concerning Library CUI within 24-hours of its discovery. The contractor shall coordinate its response to such an event or incident with the Library.

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

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

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

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

(End of Clause)

H.8 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.

(End of Clause)

H.9 LC52.239-7 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY (JAN

2025)

(a) All Information and Communication Technology (ICT) supplies, information, documentation, and services that are developed, acquired, maintained or delivered under this contract or order must comply with the Americans with Disabilities Act (ADA) (See 42 U.S.C. §12209 to see how the ADA applies to the Library of Congress). It is Library policy that, to the extent required by the ADA, contract deliverables should meet accessibility standards for ICT established under Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d (as set forth in 36 C.F.R. 1194.1 including Appendix A, Appendix C, Appendix D and other standards incorporated by reference such as World Wide Web Consortium (W3C) Web Content Accessibility Guidelines).

(b) By submitting a proposal, the contractor certifies that their ICT meets the applicable accessibility standards and the contractor must specifically identify any applicable accessibility standards that the ICT fails to meet in a Voluntary Product Accessibility Template (VPAT) or other Accessibility Conformance Report (ACR). Upon delivery, the contractor must again certify that their ICT meets the accessibility standards represented in its pre-award proposal. This also means that the contractor shall ensure that maintenance upgrades, substitutions, and replacements to ICT pursuant to this contract do not reduce the ICT's original level of conformance with the applicable accessibility standards at the time of contract award.

(c) The Library reserves the right to perform independent testing to validate that the solution conforms with the standards set forth above (including, but not limited to, testing before the deliverables are accepted). If the Government determines that ICT deliverables provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(End of Clause)

H.10 RESTRICTIONS ON USE OF GENERATIVE ARTIFICIAL INTELLIGENCE TOOLS

The contractor shall not use generative AI (including, but not limited to ChatGPT, BARD, DALL-E, MidJourney, or Stable Diffusion) to create or produce any deliverables under this contract without specific written authorization from the Contracting Officer. Generative AI systems and tools are those which produce synthetic text, images, code, video, and music in response to user prompts, and include, but are not limited to, ChatGPT, BARD, DALL-E, MidJourney, and Stable Diffusion). For purposes of these requirements, generative AI does not include the use of those AI-enhanced word processing, email, or search tools that are already widely incorporated in day-to-day life such as AI tools embedded in image editing applications or code incorporated into commercial off the shelf products (COTS).

Unless specifically authorized in writing by the Contracting Officer, the Contractor shall not use Library furnished data provided under this contract to feed, train, supplement, or otherwise advance generative AI software.

030ADV25Q0194 Section I

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

FAR Number Title Date

52.203-3 GRATUITIES APR 1984

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS

DEC 2014

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS

NOV 2021

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION

OCT 2020

52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES

DEC 2023

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

NOV 2023

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.242-13 BANKRUPTCY JUL 1995

52.253-1 COMPUTER GENERATED FORMS JAN 1991

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

OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN

2025)

(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:

[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]

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

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

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

117–328).

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

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

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

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).

[X] (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 (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (JAN 2025) (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 (JAN 2025) of 52.219–9.

[] (v) Alternate IV (JAN 2025) of 52.219–9.

[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

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

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

[] (25)…