030ADV27R0008.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

030ADV27R0008 11-02-2026

Curl, Brian (202) 707-3090 11-25-2026

5:00 PM EST

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 nlsadmin@loc.gov The Library requires invoices to be emailed.

See CONTINUATION Page

See CONTINUATION Page

X X

Curl, Brian

030ADV27R0008

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

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 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 LC52.211-2 DELIVERIES TO THE LIBRARY OF CONGRESS, CAPITOL HILL CAMPUS (JUN 2021)

F.2 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 LC52.232-1A LIBRARY OF CONGRESS INVOICE INSTRUCTIONS (OCT 2016)

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 52.227-14 RIGHTS IN DATA—GENERAL (MAY 2014)

H.4 LC52.237-2 CONDUCT OF WORK (MAY 2015)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

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

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2026)

I.3 52.216-18 ORDERING (AUG 2020)

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

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

030ADV27R0008

I.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.8 52.247-22 CONTRACTOR LIABILITY FOR LOSS OF AND/OR DAMAGE TO FREIGHT OTHER THAN HOUSEHOLD

GOODS (APR 1984)

I.9 LC52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DEV) (FEB 2016)

I.10 LC52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS - COMMERCIAL ITEMS (DEV) (MAY 2015)

I.11 LC52.216-1 ORDER PLACEMENT – SINGLE AWARD INDEFINITE DELIVERY, INDEFINITE QUANTITY (FEB 2016)

I.12 LC52.216-1A ORDER PLACEMENT - ALTERNATIVE ORDERING PROCEDURES (FEB 2015)

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 (OCT 2025)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

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

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

SECTION M - EVALUATION FACTORS FOR AWARD

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

030ADV27R0008 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

BASE PERIOD POP: 02-25-2027 to 02-24-2032

Title: Total Items: 6

Base Period Period Total: _______________

ITEM TITLE QUANTITY UNIT UNIT PRICE TOTAL AMOUNT

Nonrecurring Engineering 1.00 LOT $_______________ $_______________00-000001

PERIOD OF PERFORMANCE: 02/25/2027 - 05/24/2027

PRICING ARRANGEMENT: Firm-Fixed Price (FFP)

TOTAL PRICE: $_______________ PRICE ADJUSTMENT PERCENT: _______________%

Base Year - USB Breath Switches 1.00 YR $_______________ $_______________00-000002

PERIOD OF PERFORMANCE: 02/25/2027 - 02/24/2028

PRICING ARRANGEMENT: Firm-Fixed Price (FFP)

TOTAL PRICE: $_______________

Option Year 1 - USB Breath Switches 1.00 YR $_______________ $_______________00-000003

PERIOD OF PERFORMANCE: 02/25/2028 - 02/24/2029

PRICING ARRANGEMENT: Firm-Fixed Price (FFP)

TOTAL PRICE: $_______________

Option Year 2 - USB Breath Switches 1.00 YR $_______________ $_______________00-000004

PERIOD OF PERFORMANCE: 02/25/2029 - 02/24/2030

PRICING ARRANGEMENT: Firm-Fixed Price (FFP)

TOTAL PRICE: $_______________

Option Year 3 - USB Breath Switches 1.00 YR $_______________ $_______________00-000005

PERIOD OF PERFORMANCE: 02/25/2030 - 02/24/2031

PRICING ARRANGEMENT: Firm-Fixed Price (FFP)

TOTAL PRICE: $_______________

Option Year 4 - USB Breath Switches 1.00 YR $_______________ $_______________00-000006

PERIOD OF PERFORMANCE: 02/25/2031 - 02/24/2032

PRICING ARRANGEMENT: Firm-Fixed Price (FFP)

TOTAL PRICE: $_______________

B.2

B.2.1 Contract Type

This is a Single-Award Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract. Orders may be placed against this IDIQ on a Firm-Fixed-Price (FFP) basis.

B.2.2 Award Type

Task orders shall use the product categories and rates found in Attachment J1 – Price Schedule. In the event that an order’s period of performance (POP) crosses fiscal or accounting periods, the rates must comply with the annual price that is current at the time the order is placed. No blended rates will be authorized at the order level. It does not matter if the majority of the work is performed in the next Option Year—the rates will be based upon the Option Year in which the task order/delivery order (TO/DO) is awarded.

B.2.3 IDIQ Schedule

This IDIQ has the following periods:

Base Year: 02/25/2027 – 02/24/2028

Option Year 1: 02/25/2028 – 02/24/2029

Option Year 2: 02/25/2029 – 02/24/2030

Option Year 3: 02/25/2030 – 02/24/2031

Option Year 4: 02/25/2031 – 02/24/2032

These are Option Years, not Ordering Periods. Option Years must be exercised on an annual basis for the contract to remain active.

B.2.4 Contract Minimum and Ceiling

The Library of Congress will order a minimum amount of $10,000.00 under this contract. Specific requirements will be identified in individual orders issued. During the life of this contract, the Government may order items, in any quantity, up to the maximum contract value specified below.

The maximum aggregate amount of all orders issued under this IDIQ contract shall not exceed a ceiling of $3,000,000.00 for the entire period of performance (POP).

(End of Section B)

030ADV27R0008 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK

C.1 BACKGROUND

The Library of Congress, National Library Service for the Blind and Print-Disabled (NLS), requires USB breath switch devices to provide support for patrons who are unable to use conventional print materials because of visual and physical limitations. NLS provides free audiobook and braille library service for people with temporary or permanent low vision, blindness, or a physical, perceptual, or reading disability which impairs their ability to read traditional print.

The breath switch is an accessory used by NLS for the Digital Talking Book Machine (DTBM) DS-1 (Digital Standard version 1), DA-1 (Digital Advanced player version 1), and DA-2 (Digital Advanced player version 2) that allows for control of the device using pulses of air. The breath switch gives a patron with limited physical dexterity the ability to read materials provided by NLS without assistance. The device translates pulses of air from the patron’s mouth into electrical signals that are used to activate the DTBM (DS-1, DA-1, & DA-2)’s functions. The breath switch connects to the USB port of the DTBM (DS-1, DA-1, & DA-2) and provides the same control features as a keyboard, gamepad, or keypad.

C.2 SCOPE

The contractor shall develop both a breath switch and a Technical Data Package upon which this device is based. The breath switch shall consist of a micro controller and associated circuitry, a USB-A connector, housing, and a mouth tube.

A full description of breath switch requirements is contained in Attachment J-3. The breath switch’s tubing shall be food-safe (i.e., silicone). The contractor shall develop any required tooling, production/test equipment, and procedures required to manufacture the breath switch. This work shall comprise two phases: (1) a non-recurring engineering (NRE) phase and (2) a full-production phase.

C.3. REQUIREMENTS

Breath switches shall comply with the requirements listed in Attachment J-3.

C.3.1 Non-Recurring Engineering (NRE)

C.3.1.1 Technical Data Package (TDP)

The contractor shall create a new TDP, which is due 90 days after the contract’s period of performance (POP) begins.

NLS will provide a TDP from a previous requirement with the solicitation (Attachment J-4), but the contractor shall create a new one for this requirement. The TDP defines the specifications for the breath switch to be manufactured using computer-aided design (CAD) files and artifacts such as printed circuit board (PCB) Gerber files, software source code, and compiling and loading of software instructions. Within one (1) week of NLS accepting the final production lot (C.3.5), the contractor shall deliver a zip archive of CAD (computer-aided design) data for the breath switch and production tooling. Detailed specifications shall be supplied for interface, external mechanical, and internal electronic aspects of the breath switch as follows:

1. Mechanical Design Drawings:

a. Maintenance of CAD files and technical data package,

b. 3D CAD models (OnShape) format of system components

c. 2D Mechanical Drawings

d. Exploded View Diagrams as part of the CAD package

2. Electrical and Circuit Design Drawings:

a. Electronic Schematics

b. PCB Gerber Data

3. Assembly Drawings:

a. Manufacturing Assembly Drawings

b. Component Placement Drawings

C.3.1.2 Production Tooling and Test Equipment

The contractor shall produce or acquire any unique tooling required to manufacture parts and sub-assemblies, as well as any equipment needed to test components and completed breath switches. Unique equipment used to manufacture NLS breath switches shall be itemized by the contractor. Upon request, the contractor will share this itemized list with

NLS.

The cost and obligation of maintaining the tooling (including any Government-Furnished Equipment, such as the DTBMs), production, and test equipment shall be borne by the contractor as part of non-recurring engineering costs.

The costs shall include the price of shipping the tooling to the Library of Congress. Upon the conclusion of the contract, the Contractor shall ship all the tooling created to the Library of Congress. In case of termination of the contract, the contractor shall transfer these items to a location to be specified by NLS.

C.3.1.3 Verification Test Plan and Procedures

The contractor shall provide a verification test plan and procedures that describe how the breath switch will be verified for compliance with NLS specifications.

All equipment for quality inspections shall be provided by the contractor. Prior to large-scale production, the contractor shall perform the Verification Test and Factory Acceptance Test on production control samples. The contractor shall perform a Factory Acceptance Test on each completed breath switch for full production. No unit shall be shipped unless it has passed the contractor's Factory Acceptance Test.

C.3.1.4 Engineering Change Control

The contractor shall utilize a recognized engineering change-control process. The breath switch design shall be placed under engineering control. Any changes to the design prior to, or after full production, must be proposed to the COR by the contractor as an Engineering Change Request (ECR). The ECR must provide a detailed description of the proposed change and an analysis of the impact of the change. The ECR must also indicate testing to be performed to validate the change. The COR shall have sole authority to approve ECRs. Depending on the degree of the proposed change, and at the discretion of the COR, validation may require inspection of samples by NLS. All costs of producing and shipping such additional samples shall be borne by the contractor.

If samples are required for validation, NLS will require submission of five (5) additional samples incorporating the proposed changes. Such changes shall not be implemented until written approval is received from the NLS. These samples shall be delivered within 30 days of approval.

C.3.2 Manufacturing and Production Plan

As part of the solicitation process, the contractor shall propose a Manufacturing and Production Plan for the breath switch in draft format. Upon successful contract award, the contractor shall work directly with the COR to finalize the plan. At a minimum, the plan shall include a project schedule, tasks, and milestones for fulfilling the requirements of this contract. The plan shall include detailed information on the production facility, equipment/tools used for assembly, and factory acceptance tests. NLS shall have the final approval over the fully accepted and finalized plan. The contractor shall not enter full production without approval by NLS.

C.3.3 First-Articles Samples

After passing factory acceptance tests, the contractor shall submit 20 first-production articles of the completed breath switch. These samples shall be produced from the same production tooling and equipment to be used for mass production. The contractor will work closely with NLS and this process will take no more than six months from the period of performance’s (POP) start date. NLS will inspect the units for compliance with the specifications and the requirements of this contract. Any defects, or failure to meet requirements, will be reported back to the contractor.

The contractor will be given reasonable time to correct or repair any defects and resubmit an additional 20 units for approval. All costs of producing and shipping any such additional units shall be borne by the contractor.

First-article samples shipped to NLS for evaluation shall be delivered F.O.B. Destination, freight prepaid, to the location specified below:

Address #1:

Attn: TBD

Library of Congress

National Library Service for the Blind and Print-Disabled (NLS)

Attn: TBD/ Equipment and Parts Management Section (EPM)

101 Independence AVE SE (mail stop #4960)

Washington DC 20540-4960

Failure to meet the specified requirements shall result in rejection of production-control samples. Failure to produce acceptable samples within the time scheduled may be cause for termination of the contract. Written approval of the production control samples by the COR shall constitute acceptance and shall establish the approved samples as the production-control standard for subsequent production under the contract.

C.3.4 Quality-Assurance Plan

No later than two months prior to the scheduled start of production of the pilot units, the contractor shall submit to NLS for approval their quality-assurance plan for this contract. The quality-assurance plan shall provide information on the methods used for quality assurance of the breath switch, the personnel responsible for quality assurance, inspections performed for sub-assemblies and components provided by third-party vendors, and outgoing inspections for finished breath switches. Test plans shall provide a method to ensure that the units are fully functional and that all requirements of the technical data package have been satisfied.

The contractor shall maintain an independent quality-control organization with authority to stop production and/or shipment and require process and product changes when necessary in order to guarantee that all products meet specifications. The contractor’s quality-control processes shall be certified by an accredited third-party registrar to ISO 9001:2026, Quality Control Systems—Requirements (including applicable amendments) (ISO 9001:2026 - Quality management systems — Requirements), or the most current successor version in effect during the period of contract performance. The Contractor shall maintain this certification throughout the life of the contract and shall provide evidence of current certification upon request by the Contracting Officer or Contracting Officer's Representative (COR).

Unless otherwise specified in this contract, inspections and acceptance sampling shall be performed using statistically valid sampling plans in accordance with ANSI/ASQ Z1.4, Sampling Procedures and Tables for Inspection by Attributes (current edition) (ANSI/ASQ Z1.4 2003 (R2018) - Sampling Procedures and Tables for Inspection by Attributes), or an equivalent internationally recognized standard approved by the COR. Sampling plans shall be appropriate for the product characteristics being inspected and shall ensure that only conforming products are accepted for shipment.

The contractor shall maintain records of all inspections, tests, corrective actions, and preventive actions. These records shall be retained for the period specified in the contract and shall be made available to the Government upon request for audit or review.

C.3.5 Mass Production

Upon written approval and acceptance by NLS of the first-articles samples, the contractor shall produce and deliver the first production lot to NLS. Individual delivery orders will be issued for any additional production lots. Any changes to the design of the breath switch will be initiated via engineering change control. All mass-production lots will be subject to inspection and acceptance by NLS Quality Assurance.

Throughout the performance of the contract, the contractor shall provide engineering staff. This engineering staff must possess expertise in the design and production of electronic devices similar to the breath switch. They will be committed full-time, when needed, to monitor the product, implement design modifications upon request from the Contracting Officer or his/her designee (i.e., the COR), conduct an approved engineering change-control process, and solve engineering problems before and during production.

Full production units shall be distributed to the Library’s two multistate distribution locations in approximately equal quantities, with 50 percent of the total production quantity delivered to each location. All units shipped directly from the factory shall be delivered F.O.B Destination, freight prepaid, to the following locations:

Address #2:

Attn: To be provided with award.

Multistate Center East (MSCE)

Library of Congress

4260 Port Union Road Suite 100

Fairfield, OH 45011

Address #3:

Attn: To be provided with award.

Multistate Center West (MSCW)

Director, Multistate Center West

Utah State Library

250 North 1950 West, Suite D

Salt Lake City, UT 84116

The full production quantity ordered shall be delivered and received by the NLS within one (1) year of the initial task order’s period of performance (POP) start date. Subsequent full production quantities shall be delivered according to task order instructions.

C.3.6 Marking, Packing, and Cartons

Each breath switch shall be accompanied by instructions and be placed in a sealed plastic bag with a minimum thickness of two (2) millimeters for protection during storage and shipment. Each breath switch shall be packaged individually in a carton that meets or exceeds the durability and strength requirements of an RSC 275 corrugated fiberboard container. Carton dimensions shall be determined by the contractor based on the size of the breath switch. Individual cartons shall be packed for shipment in overpack cartons containing no more than 20 units per overpack box. The overpack cartons shall provide adequate protection against damage during normal handling, storage, and transportation. Each individual carton and overpack carton shall be clearly labeled with the following text:

FREE MATTER FOR THE BLIND OR HANDICAPPED

PROPERTY OF U.S. GOVERNMENT

NATIONAL LIBRARY SERVICE FOR THE

BLIND AND PRINT-DISABLED (NLS)

LIBRARY OF CONGRESS

WASHINGTON, DC 20542

For the “Free Matter for the Blind” label, the top of each individual breath switch carton shall display the required free matter statement and mailing address information. A black outline box shall be provided for the address label. All text, markings, and labels shall be centered and oriented for reading from left to right. The contractor shall provide carton and overpack drawings, artwork, and labeling layouts to the NLS for approval in PDF format. The submittal shall include all dimensions, labeling details, and packaging instructions applicable to both the individual carton and overpack carton.

Any references to outdated Library names, logos, or terminology appearing on previous packaging or associated documentation shall be updated to reflect current Library requirements.

C.3.7 Inspection

Upon delivery of each production lot, NLS will perform acceptance lot-sampling inspections of the breath switches.

Inspection shall be conducted using ANSI/ASQ Z1.4, Sampling Procedures and Tables for Inspection by Attributes (current edition), at General Inspection Level II under Normal Inspection. The Acceptable Quality Level (AQL) shall be

0.40 percent nonconforming (AQL 0.40).

Lot acceptance or rejection shall be determined in accordance with ANSI/ASQ Z1.4, Sampling Procedures and Tables for Inspection by Attributes (current edition), at General Inspection Level II under Normal Inspection and its established acceptance and rejection criteria. Lots that fail to meet these criteria will be rejected. For rejected lots, the contractor shall identify the cause of the nonconformance, implement appropriate corrective actions, and rework or replace affected units to ensure compliance with all contract specifications. The contractor shall conduct necessary inspections and testing and resubmit the corrected lot for NLS inspection and approval. All costs associated with corrective actions, rework, replacement, testing, and resubmission shall be borne by the contractor at no additional cost to NLS.

Individual units identified as nonconforming during inspection shall be corrected or replaced by the contractor and shall not be accepted in their defective condition.

NLS reserves the right to perform additional inspections and testing to verify compliance with applicable specifications.

Approval of inspection samples in writing by the COR shall constitute approval of the lot. No production lot shall be shipped without written approval from NLS.

C.3.8 Regulatory and Safety Compliance

The contractor shall ensure all breath-switch devices, components, materials, packaging, and related accessories furnished under this contract comply with all applicable Federal, state, and local laws, regulations, and safety requirements. The contractor shall maintain documentation demonstrating compliance with applicable regulatory and safety requirements, and shall provide such documentation to the Government upon request.

C.3.9 Post-Award Conference/Kickoff Meeting

Within seven (7) days of contract award, the contractor and Library of Congress will meet for a post-award conference (kickoff meeting). This meeting will entail a discussion of the expectations, deliverables, procedures, and all other aspects related to this contract.

C.3.10 Status Meetings/Reports

The contractor shall be required to meet via teleconference with the COR once a week during the first month of this contract. Thereafter, meetings will be as often as necessary, as determined by the COR. Upon the COR’s request, the contractor shall make themselves available within 48 hours for a status meeting with the Library of Congress. The Library also reserves the right to inspect the contractor’s or manufacturer's facility within 48 hours of notice. Status Reports presented at these meetings may be required at the discretion of the COR. The contents of the Status Reports shall be agreed on by both parties if ever requested.

C.4. Deliverables

Reference Description of Event/Deliverable Due date

C.3.1.1 Technical Data Package (TDP) 90 days after POP start C.3.1.2 Production Tooling and Test Equipment As needed C.3.1.3 Verification Test Plan and Procedures No later than 30 days after POP start date C.3.1.3 Factory Acceptance Tests Continuously throughout POP

C.3.1.4 Engineering Change Control No later than 30 days after the POP start date and continuous thereafter

C.3.2 Manufacturing and Production Plan/Project Schedule

Draft due at the time of proposal submission. Final report shall be approved no later than 30 days after POP start date.

C.3.3 First-Articles Samples No later than six (6) months after POP start date

C.3.4 Quality-Assurance Plan No later than two (2) months prior to the scheduled start of production of the pilot units

C.3.5 Mass production Breath Switch Mass production begins upon written approval and acceptance by NLS of the first-articles samples. Initial task order units due within one (1) year of POP start date

C.3.5 Zip Archive of CAD data for the Breath Switch and Production Tooling

Within one (1) week of NLS accepting the final production lot

C.3.9 Kick-Off Meeting Within seven (7) days after award C.3.10 Status Meetings/Reports Upon COR request C.5 Warranty 24 months upon acceptance of product

C.5 Warranty

The contractor shall warrant that each breath switch is free from material, workmanship, operation, and construction defects and that each breath switch shall be fully functional. The warranty period shall be a minimum of 24 months from the date of receipt of units by NLS or its designee. The contractor shall repair or replace defective breath switches, within 30 days of receiving them, and ship them back to NLS. The contractor is responsible for all shipping involved with warranty repair/replacement. Units replaced under warranty shall include all packaging, labels, etc.

C.6 Ownership

All items produced under this contract become the property of the Library of Congress. This includes all plans, samples, produced items, the TDP, tooling, etc. Every single item produced under this contract using Library-provided funds shall be the property of the Library.

(End of SOW)

030ADV27R0008 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)

030ADV27R0008 Section E

SECTION E - INSPECTION AND ACCEPTANCE

Inspection and Acceptance under this contract will be in accordance with paragraph (a) Inspection and Acceptance of FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Nov 2023).

030ADV27R0008 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 LC52.211-2 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,

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.

030ADV27R0008 Section F

(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)

F.2 LC52.215-5 PLACE AND PERIOD OF PERFORMANCE (JAN 2019)

Ordering Period

The overall period of performance (POP) shall be as stated in Section B.

Performance Locations

It is anticipated that work shall be performed at the contractor's facility.

Hours of Operation

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

030ADV27R0008 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: Brian D. Curl Phone: +1-202-707-3090 Email: bcurl@loc.gov

Library Contract Specialist: Jacqueline Miller Phone: +1-202-707-5000 Email: jacmiller@loc.gov

Contractor Contract Administrator: TBD Phone: TBD Email: TBD

G.2 LC52.232-1A LIBRARY OF CONGRESS INVOICE INSTRUCTIONS (OCT 2016)

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

(End of Clause)

G.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 each task order pursuant to the standards and acceptance criteria defined in this contract.

030ADV27R0008 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 52.227-14 RIGHTS IN DATA—GENERAL (MAY 2014)

(a) Definitions. As used in this clause—

"Computer database" or "database" means a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software.

"Computer software"—

(1) Means

(i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and

(ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.

(2) Does not include computer databases or computer software documentation.

"Computer software documentation" means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.

"Data" means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

"Form, fit, and function data" means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software.

"Limited rights" means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of paragraph (g)(3) if included in this clause.

"Limited rights data" means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications.

"Restricted computer software" means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software.

"Restricted rights", as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software.

"Technical data", means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases. (See 41 U.S.C. 116).

"Unlimited rights" means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

(b) Allocation of rights.

(1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights in—

(i) Data first produced in the performance of this contract;

(ii) Form, fit, and function data delivered under this contract;

(iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and

(iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph (g) of this clause.

(2) The Contractor shall have the right to—

(i) Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph (c)(1) of this clause;

(ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause;

(iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and

(iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer software to the extent provided in paragraph (g) of this clause.

(c) Copyright—

(1) Data first produced in the performance of this contract.

(i) Unless provided otherwise in paragraph (d) of this clause, the Contractor may, without prior approval of the Contracting Officer, assert copyright in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposia proceedings, or similar works. The prior, express written permission of the Contracting Officer is required to assert copyright in all other data first produced in the performance of this contract.

(ii) When authorized to assert copyright to the data, the Contractor shall affix the applicable copyright notices of 17 U.S.C. 401 or 402, and an acknowledgment of Government sponsorship (including contract number).

(iii) For data other than computer software, the Contractor grants to the Government, and others acting on its behalf, a paid- up, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly by or on behalf of the Government. For computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproduce, prepare derivative works, and perform publicly and display publicly (but not to distribute copies to the public) by or on behalf of the Government.

(2) Data not first produced in the performance of this contract. The Contractor shall not, without the prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract unless the Contractor—

(i) Identifies the data; and

(ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause or, if such data are restricted computer software, the Government shall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if included in this contract) or as otherwise provided in a collateral agreement incorporated in or made part of this contract.

(3) Removal of copyright notices. The Government will not remove any authorized copyright notices placed on data pursuant to this paragraph (c), and will include such notices on all reproductions of the data.

(d) Release, publication, and use of data. The Contractor shall have the right to use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, except—

(1) As prohibited by Federal law or regulation (e.g., export control or national security laws or regulations);

(2) As expressly set forth in this contract; or

(3) If the Contractor receives or is given access to data necessary for the performance of this contract that contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless specifically authorized otherwise in writing by the Contracting Officer.

(e) Unauthorized marking of data.

(1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or (g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by this contract, the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 4703, the following procedures shall apply prior to canceling or ignoring the markings.

(i) The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings;

(ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by the Contracting Officer for good cause shown), the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions.

(iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph (e)(1)(i) of this clause, the Contracting Officer will consider such written justification and determine whether or not the markings are to be cancelled or ignored. If the Contracting Officer determines that the markings are authorized, the Contractor will be so notified in writing. If the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, the Contracting Officer will furnish the Contractor a written determination, which determination will become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of the Contracting Officer's decision. The Government will continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by the Contracting Officer's determination becoming final (in which instance the Government will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed.

(2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder.

(3) Except to the extent the Government's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of the Government removing or ignoring authorized markings on data delivered under this contract.

(f) Omitted or incorrect markings.

(1) Data delivered to the Government without any…