Final 030ADV23R0048 - COVID-19 Oral History Project.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

030ADV23R0048 05-23-2023

Zwahlen, Jennifer (202) 707-0925 06-20-2023

12:00 PM EDT

Contracts and Grants Directorate Library of Congress

101 Independence Ave. SE LA 325 Washington DC 20540-9411

X

N/A

X

DELIVERY

See Section F for delivery instructions.

Contracts & Grants Directorate Library of Congress

LA 325

101 Independence Av SE Washington DC 20540-9411

Submit Invoices through https://www.ipp.gov Washington DC 20540

See CONTINUATION Page

See CONTINUATION Page

X X

X 1

Zwahlen, Jennifer

030ADV23R0048

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

SECTION B

LC52.216-3 CONTRACT TYPE (JUN 2016)

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

SECTION D - PACKAGING AND MARKING

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

D.2 LC52.211-1 DELIVERIES (APR 2015)

SECTION F - DELIVERIES OR PERFORMANCE

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)

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

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

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

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 2023)

I.3 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

I.4 LC52.211-2 DELIVERIES TO THE LIBRARY OF CONGRESS, CAPITOL HILL CAMPUS (JUN 2021)

I.5 LC52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DEV) (FEB 2016)

030ADV23R0048

I.6 LC52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS - COMMERCIAL ITEMS (DEV) (MAY 2015)

LC52.227-3 LICENSE OF COPYRIGHT BY THE CONTRACTOR TO THE LIBRARY OF CONGRESS (DEC 2001)

I.7 LC52.232-25 PROMPT PAYMENT (DEV) (JUL 2013)

I.8 LC52.233-1 52.233-1 (DEV) DISPUTES (MAY 2014)

I.9 LC52.233-2 PROTESTS TO THE LIBRARY OF CONGRESS (DEC 2013)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

THE LIBRARY OF CONGRESS

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 (DEC 2022)

030ADV23R0048 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

SECTION B

B.1 The purpose of this announcement is to solicit oral history projects exploring the impact of COVID-19 on frontline workers in a range of sectors across the United States. Contractors funded under this program will conduct oral history interviews to document the changes brought about by the COVID-19 pandemic in experience, perspective and adaptive strategies of workers over time.

The Library intends to issue up to six firm, fixed price contracts for $30,000 each from this solicitation. The actual awards might be less than $30,000. The Library may choose to make no awards or more than six awards from this solicitation.

The Library has the right to select for award a contract type that is appropriate for the specific proposal selected for award. The contract types include standard commercial contracts and Library contracts for technical and professional services. In addition, the Library may create a new instrument type to meet the specific relationship.

B.2 PRICE SCHEDULE

The price schedule attached at Section J-3 will be incorporated into this contract.

LC52.216-3 CONTRACT TYPE (JUN 2016)

This is a firm fixed price contract.

(End of Clause)

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 _______________

COVID-19 American History Project Contract Period: Base POP Begin: 08-01-2023 POP End: 07-31-2024

GRAND TOTAL _______________

030ADV23R0048 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

STATEMENT OF WORK

1. OVERVIEW / BACKGROUND. The Library of Congress (Library), American Folklife Center is seeking diverse researchers and organizations to create oral histories documenting the impact of the COVID-19 pandemic on workers in the United States. This project is in response to the COVID-19 American History Project Act that was part of the FY23 appropriations bill. The mandate states:

“The COVID–19 American History Project Act is an educational and commemorative program that will collect, preserve, and make available to the public an archive of submitted oral stories of those who were impacted by the COVID–19 pandemic, survivors of loved ones who lost their lives to the disease, and frontline healthcare workers who tirelessly worked to eradicate this virus. Oral histories kept at the Library of Congress’s American Folklife Center will provide original sources of information to strengthen the understanding of American history for our future generations.

(Committee Report HR 117-389)”

Oral histories are recorded interviews and associated documentation of the voices and memories of people, communities, and participants with personal knowledge of past events. All documentation will emphasize key constituencies, diverse experiences, hot spots, etc.; examples include first responders, municipal government and public health officials, essential services individuals, rural and urban experiences, COVID-19 survivors, communities, families and workers affected throughout the United States, etc.

2. PURPOSE

Contractor shall collect oral histories documenting the impact of the pandemic on workers in the United States.

3. REQUIREMENTS

3.1 Contractor shall collect oral histories that explore the impact of COVID-19 on frontline workers in a range of sectors across the United States and document the changes brought about by the COVID-19 pandemic, in experience, perspective and adaptive strategies of workers over time.

3.2 Contractor can engage other fieldworkers to help conduct the interviews.

3.3 All documentation must emphasize key constituencies, diverse experiences, hot spots, etc.; examples include first responders, municipal government and public health officials, essential services individuals, rural and urban experiences, COVID-19 survivors, communities, families and workers affected throughout the United States, etc.

3.4 Contractor shall conduct an average of 20-30 individual interviews of contemporary American workers and generate audio and/or video recordings, photographs, transcripts or logs, permission forms and field notes. The collections of oral histories will be placed at the Library’s discretion in the archives as received.

4. INTELLECTUAL PROPERTY

4.1 Fieldworkers: Contractor must ensure that all interviewees sign the COVID 19 - American History Program Permission Release Form - Fieldworkers, attached at Section J-2 (Fieldworker Release Form) that grants the Library of Congress the perpetual, nonexclusive, transferable, worldwide right to use, reproduce, transmit, display, perform, prepare derivative works from, distribute, and authorize the redistribution of, the recording(s), images, and other forms of documentation (collectively, “Documentation”) generated by the interview that the Fieldworker is submitting as further described in Attachment J-2.

4.2 Interviewees: Contractor must ensure that all interviewees sign the COVID 19 - American History Program Permission Release Form - Interviewee, attached at Section J-1 (Interviewee Release Form) that grants the interviewer the right to document the interviewee’s story and grants the Library of Congress the perpetual, nonexclusive, transferable, worldwide right to use, reproduce, transmit, display, perform, prepare derivative works from, distribute, and authorize the redistribution of the information collected and as further described in Section J-1. T.

The release forms described above also releases and discharges the Library of Congress from any and all liability arising out of any injury of any kind which contractor or associates may sustain from participation in the project. Contractor must ensure all Fieldworkers and Interviewees sign the forms and provide all signed forms with the interview packets described below.

5 RECORDED INTERVIEW PACKET

For each of the 20 – 30 interviews conducted for the project, contractor must provide an interview package that includes the following: (i) audio or video recording (minimum 30 min); (ii) digital still image of interviewee (minimum 1);

(iii) basic/fielded descriptive metadata (using form/template supplied by AFC); (iv) time-stamped log or full transcript and (v) signed Interview Release forms.

The interview packet components must meet the following technical requirements:

1) Audio recording specs: Record in digital WAV format using professional or semi-professional recording equipment.

Set resolution for 96khz/24bit WAV files. (44khz/16bit WAV files are also acceptable.)

2) Video specs: Shoot in High Definition (HD), NOT Standard Definition (NTSC), at the highest possible camera settings.

1080i or 1080p are preferred, with 720p and 720i next. Use tapeless media or external drive to record from the camera, if possible.

3) Photography specs: Use a DSLR (digital single-lens reflex) camera, if at all possible. Shoot as uncompressed RAW files (e.g., nef, cr2, crw. orf); alternatively, or use the least compressed setting on the camera. After transferring images from camera, save in format other than JPEG (such as TIFF).

4) Biographical information (names, address, birth year, etc.) and basic content information must accompany all interviews in the form of descriptive metadata A templated spreadsheet will be provided.

5) Use the PDF, xlsx (MS Excel) or DOC formats for submitting text documents (logs, field notes, permissions forms, etc.).

Fieldworkers should send in physical copies of legal/administrative documents such as signed interviewee release/permissions forms.

4.3 Travel: All travel undertaken under this contract is non-reimbursable. All related travel fees must be included in the firm, fixed price for the contract.

6. DELIVERABLES

6.1 Final Project Plan: The plan will be delivered prior to the start of interviews or fieldwork activity, and should include:

Project overview and goals

Description of interview approach Detailed project outline with timeline, including projected interview package submission schedule Budget Description of equipment used for documentation and digital preservation Detailed specifications for digital files (determined in conversation with AFC staff) Potential risks and plans to mitigate them Initial list of interviewees, including information about role/position within occupational group Statement of agreement/letter from group to be documented Project team members, roles and resumes

6.2 Complete Interview Package: AUDIO or VIDEO, with each individual package including a digital recording, signed permission form(s), time-stamped log or full transcript, descriptive metadata, and digital photograph(s) as described above.

030ADV23R0048 Section L

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1 PROPOSAL SUBMISSION INSTRUCTIONS

1) Clarifications and Questions

To be considered, all questions pertaining to this solicitation must be submitted in writing to Jennifer Zwahlen at jzwa@loc.gov with a copy to Moji Adejuwon at moad@loc.gov no later than June 2, 2023. Questions received after this time may not be answered.

2) Webinars The Library will hold two 45 minute webinars to answer questions about this solicitation. Questions regarding contract clauses must be submitted in writing to the two points of contact named above in section 1).

The first webinar will be held at 7:00 PM EST on May 31, 2023.

The second webinar will be held at 7:00 PM EST on June 6, 2023.

Attendance at the information sessions is not required nor is it a pre-requisite for proposal submission.

Attendance at the information sessions is optional.

3) General Instructions to Offerors

(a) Submission of proposals

The selection process for this requirement is a two-step process beginning with the submission of a brief 3-page (including cover page) Concept Paper. After evaluation as described below, the Library will invite some applicants to submit full proposals based on their concepts.

Offerors must submit the project concept papers electronically via email to Jennifer Zwahlen at jzwa@loc.gov with a copy to Moji Adejuwon at moad@loc.gov, no later than the response date specified in this solicitation and upon invitation to submit proposals, offerors must submit the proposals no later than the due date specified in the letter requesting the proposals.

Offerors must comply with the submission instructions in this solicitation. If the Concept Paper or Proposal does not comply materially with the submission instructions, the Library reserves the right at its discretion to determine that the offeror is ineligible for award. Concept Papers and Proposals submitted through sam.gov will not be accepted.

Email Submission Requirements

The email must include the solicitation number 030ADV23R0048 in the subject line. The maximum size file allowed through the Library’s email system is 20MB. In addition, certain files might need to undergo a conversion to be accepted by the Library’s servers. This conversion increases the file size by 30% to 40%, therefore, please take this into consideration, when determining file sizes. The Library’s email system cannot accept files greater than 20MB. If needed offeror may send the proposals in multiple emails but must ensure they are all clearly identified. Offeror must not submit zipped or locked files.

(b) Content of Proposals

1) Concept Paper

Project concept papers will provide a brief overview of the proposed prosed project. In the Concept Paper, offeror shall provide a concise description of the proposed project, organized as defined in the following sections. Concept papers must be no more than three-pages in length, including the cover page. Concept papers must not include brochures, advertisements or extraneous material.

i) Cover Page

Concept Papers must include a cover page that includes the following information:

Working title of proposed project Applicant’s name, phone number and email address Date of submittal

ii) Vision Statement

Concept papers must include a vision statement that describes the occupational community that offeror is planning to document and the general impacts of COVID-19 on this community. The vision statement should include the following section:

Introduction: Offeror must describe (1) the intended group/individuals that will be interviewed, and (2) how interviewing the group/individuals helps meet the goal COVID-19 American History Project Act.

Approach and Feasibility: Offeror must briefly describe (1) offeror’s fieldwork approach, and (2) the resources that will be needed.

Capability and Experience: Offeror shall briefly describe (1) offeror’s capability in providing the services described in this solicitation and relevant past experience for conducting the proposed project.

iii) Offeror must provide a brief project schedule and estimated price for the project, anticipated to be no more than $30,000 for the twelve-month period of performance for the project. Offeror shall provide the information in the spreadsheet provided at Attachment J-3.

Submissions that are incomplete, materially lacking, or not responsive to the technical requirements of this solicitation, may be rejected without evaluation, or evaluated as is, without further opportunity for revision, at the discretion of the Library.

2) Project Proposal

Following the review, evaluation and discussions of the concept paper, offerors invited to submit formal full proposals for the project must provide a proposal that builds upon the contents of the concept paper, as modified through discussions between the applicant and the Library. Additional content and more detailed information are required in the proposal document, as described in the sections that follow. Proposal documents must be organized as described below.

Submissions that are incomplete, materially lacking, or not responsive to the technical requirements of this solicitation, may be rejected without evaluation, or evaluated as is, without further opportunity for revision, at the discretion of the Library.

The proposal must be organized in two volumes as described below:

i) TECHNICAL PROPOSAL

A) Technical Approach: Offeror shall provide a narrative description of work to be performed, organized in the order it is expected to be performed. The technical approach shall include all activities necessary for the effort, describe all steps, tasks and activities necessary to achieve the desired project results. In this section offeror must identify and describe deliverables, presentations, demonstrations and periodic reports. In addition, in this section offeror must describe the quality requirements for the project and identify the processes and/or procedures that will be employed to ensure the requirements are satisfied.

B) Project Plan/Project Schedule: In this section offeror must provide a detailed project plan/schedule based on the following minimum requirements. The project plan must include all deliverables that will be submitted over the course of the project and are subject to the intellectual property rights requirements described in this solicitation.

- Applicant must sequence the project activities and deliverables into milestones, including estimated completion times (weeks from project start date)

- Applicant should include intermediate progress reviews, demonstrations, tests, and/or opportunities for feedback, and periodic reporting activities in the schedule.

- All project deliverables shall be clearly indicated on the project schedule. The schedule cannot exceed 12 months

C) Staffing Approach: Offerors must propose a solution, which describes how offeror will provide the staff for the services required in this solicitation. The proposal must clearly explain the proposed staffing for this contract and how the contract will be effectively performed. Resumes demonstrating experience of all team members should be attached.

D) Capabilities and Experience and Past Performance: Offeror must identify and describe offeror’s capability and experience as it relates to this project. Describe any capabilities and experience that will demonstrate offeror’s ability to successfully conduct the proposed project. Offeror must include at least 3 examples and references for past relevant efforts describing capabilities, work and significant accomplishments in areas directly associated with proposed interest area or in closely related areas

E) Intellectual Property: The Library’s intention in this announcement is that the collections created are of maximum benefit to the American people and contribute to public knowledge. To that end, documentation delivered under this award will be deposited in the permanent collection of the Library of Congress’s American Folklife Center, where it will be made available to researchers and other library patrons under existing copyright laws and regulations of the Library of Congress.

The Library’s preference is for projects that extend an open license for non-commercial public use to the collection materials, however, offerors must describe in detail any specific limitations they might predict for materials that will be provided under the contract.

Offerors must describe any limitations on any intellectual property that will affect offeror’s performance of the contract or affect the Library’s (or the public’s) subsequent use of any deliverable under the contract (e.g. potential documentation of copyrighted cultural material). In particular, the offeror must describe the intellectual property in sufficient detail, clearly state any limitations, and describe how the Library can use the work with the limitations described or proposed by the applicant.

ii) PRICE PROPOSAL

A) Offeror must provide a fixed price in Section B for all the services that will be provided under this contract and complete Attachments J-3 and J-4 using the information provided below.

B) The pricing section of the project proposal shall contain price for the proposed effort to allow for meaningful evaluation and for the Library to determine that the price is reasonable. The price must not exceed $30,000 for twelve-months period of performance. The price must account for the entire price of the project. The price must at a minimum include the following information:

1) Identify the time (weeks, months) projected for each interview package.

2) Travel and materials required to perform the interviews. This information must be included in the firm-fixed price per interview package. Offeror must propose and implement a project consistent with this requirement. (i.e., the Library will not pay the contractor for anything beyond the contract award for any additional items, such as, travel or supplies).

3) Sub-contracted labor or other costs required to perform each milestone, if appropriate.

C) Offeror shall provide a signed copy of the SF 1449 and all amendments. Offeror shall acknowledge receipt of amendments to confirm offeror has read the amendments and agrees to comply with the terms and conditions of the solicitation.

FAR Number Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020

030ADV23R0048 Section M

SECTION M - EVALUATION FACTORS FOR AWARD

M EVALUATION AND FACTORS FOR AWARD

M.1 The Library will award the contracts resulting from this solicitation to the responsible offerors that provide the best value to the Library, price and other factors considered.

The Library reserves the right to communicate with the offerors that the Library determines to present the value to the Library, to address any remaining issues, if necessary and finalize the contracts with the offerors. These issues may include technical and price components. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the Library, the Library reserves the right to communicate with the next offeror that the Library has determined presents the best value to the Library based on the original analysis and address any remaining issues.

The Library intends to evaluate the proposals and award the contract in accordance with FAR Part 13.

M.2 The evaluation will be conducted in two steps as described below.

The Library will evaluate each concept paper. There is no predetermined number of times the Concept Papers will be evaluated. Concept papers will be evaluated as described below and recommended to move forward to Step 2 (Proposal Submission). The Library reserves the right to limit the number of Concept Papers selected to move forward solely based on efficiencies. The Library is not obligated to recommend a Concept Paper to move forward to Step 2 (Proposal submission).

Applicants not selected to move forward to Step 2 will be notified, however due to the number of Concept Papers received, the Library may be unable to provide details on why the Concept Paper was not selected.

STEP 1) Concept Paper: The first step is the evaluation of the Concept Papers. The Concept Papers will be evaluated as described below:

i) The Responsiveness to the requirements in the Statement of Work: The Library will evaluate the degree to which the proposed concept and resulting work meets the requirements in the Statement of Work.

ii) Vision Statement: The Library will evaluate the degree to which the proposed project presents a convincing, transformative, and feasible approach to conducting the fieldwork and collecting the information required for the project.

iii) Capability and Experience: The Library will evaluate the degree to which the qualifications and experience support successful execution of the proposed project.

All factors described above are of equal importance and Concept Papers will either be recommended to submit Project Proposals as described below or not recommended.

STEP 2) Project Proposals: Project proposals should be submitted only by invitation from the Library of Congress.

Proposals will be evaluated solely on the following criteria:

i) TECHNICAL PROPOSAL

A) Technical Approach: The Library will assess whether offeror’s proposed approach ensures that the proposed project meets the Library’s requirements described in this solicitation.

B) Project Plan/Schedule: The Library will evaluate the completeness of the project plan in terms of required elements.

C) Capability and Experience: The Library will evaluate the degree of experience and capability demonstrated by offeror as these elements relate to the project work and influence the project’s potential for a successful outcome. The Library may contact any references listed to help with this evaluation.

All factors described above are of equal importance and are significantly more important than price.

ii) PRICE PROPOSAL

The Library will evaluate the price proposed for proposals evaluated favorably from a technical perspective, have no outstanding issues or areas of clarification, and are determined to be consistent with the objectives of this solicitation and of interest to the Library, for reasonableness. The Library will review the detailed prices provided in Attachment J-4 and the prices proposed for the deliverables in Attachment J-3 will be added to determine the Total Evaluated Price (TEP). The TEP will be evaluated for reasonableness.

030ADV23R0048 Section D

SECTION D - PACKAGING AND MARKING

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

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

(End of Clause)

D.2 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)

030ADV23R0048 Section F

SECTION F - DELIVERIES OR PERFORMANCE

F. 1 SCHEDULE OF DELIVERABLES

See attachment J-3

FAR Number Title Date

52.242-15 STOP-WORK ORDER AUG 1989

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

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

Place of Performance: Contractor’s office.

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

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

030ADV23R0048 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: Zwahlen, Jennifer

Address: Contracts & Grants Directorate

Library of Congress

LA 325

Washington DC 20540-9411

Phone: (202) 707-0925

Email: jzwa@loc.gov

Library Contract Specialist:

Address: Contracts & Grants Directorate

Library of Congress

LA 325

Washington DC 20540-9411

Phone:

Email:

Library Contracting Officer Representative:

Address:

Phone:

Email:

030ADV23R0048 Section G

Contractor Contract Administrator: Provided at time of award

Address: Provided at time of award

Provided at time of award

Provided at time of award

Provided at time of award

Phone:

Email:

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

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

(End of Clause)

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

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

030ADV23R0048 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.

030ADV23R0048 Section H

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

(1) Computer Security Policy. The Library requires anyone using or accessing its digital assets (including networks, servers, workstations, systems, data, web pages, and email) to protect them and use them only for official business, and only in accordance with Library regulations and applicable Library bargaining agreements. Unauthorized or inappropriate use may be grounds for termination or other contractual remedy.

(2) Privacy Policy. No one has the right to privacy while using any Library computer system, including internet or email services. Usage may be monitored.

(3) Level of Access. The Host Office will determine the level of access to the Library’s IT equipment, staff and software needed to successfully perform under this Contract. Access may include, for example, email, word processing, internet, and intranet.

(4) Mandatory IT Security Training. Contractor personnel must successfully complete mandatory information systems security training prior to use of or access to any of the Library’s digital assets. The required training is available online at http://www.loc.gov/extranet/cld/. Contractor staff with access to Library digital assets shall complete the information systems security training annually. The training is available on the Library intranet at: http://www.loc.gov/staff/cld/.

030ADV23R0048 Section I

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

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

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

FAR Number Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

DEC 2022

52.232-25 PROMPT PAYMENT JAN 2017

52.233-1 DISPUTES MAY 2014

52.243-1 CHANGES—FIXED-PRICE AUG 2018

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 (MAR

2023)

(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 and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111– 117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

2313).

[] (10) [Reserved]

[] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (12) 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).

[] (13) [Reserved]

[] (14)(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.

[] (15)(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.

[] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(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.

[] (19) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

[X] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[X] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103- 182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.

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

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C.

3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

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

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

[] (iii) Alternate II (NOV 2021) of 52.247-64.

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

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

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

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

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

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

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

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records— Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for…