RFP Amendment 1.doc

1. CONTRACT ID CODE

PAGE

OF

PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

7. ADMINISTERED BY (If other than Item 6)

CODE

The Library of Congress

Office of Contracts & Grants Management

FEDLINK Contracts Section

101 Independence Ave., S.E.

Washington, D.C. 20540-9414

RFP LC09R7000

9B. DATED (SEE ITEM 11)

June 30, 2008

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE

FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FORMCHECKBOX

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

FORMCHECKBOX

is extended, FORMCHECKBOX is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning one (1) copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATA SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and data specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B.

THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C.

THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D.

OTHER Specify type of modification and authority

E. IMPORTANT: Contractor

FORMCHECKBOX

is not, FORMCHECKBOX is required to sign this document and return ___ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

1. RFP LC09R7000 is hereby amended to incorporate changes as depicted in the following paragraphs.

2. Clause C.6. Guaranteed Minimum on page 12 of the RFP is hereby deleted and replaced by the clause below:

C.6. MAXIMUM AND MINIMUM IDIQ CONTRACT AMOUNT

(a) The LC/FEDLINK contracts for all products and services purchased through the program totaled more than $116 million in orders for FY2007 with the highest individual IDIQ contract totaling approximately $15.7 million in orders. The maximum cumulative amount that the Government may order and the Vendor shall be required to supply under the contract shall be specified in the service schedule of each individual IDIQ contract. The maximum contract amount shall be based on LC/FEDLINK historical data and projected annual requirements for LC/FEDLINK member use of the Vendor's service.

(b) The Government shall order and the contractor shall furnish at least a minimum quantity of supplies or services during the contract period.

(1) The minimum contract amount shall be specified in the service schedule of each individual IDIQ contract. The minimum contract amount shall be based on LC/FEDLINK historical data and projected annual requirements for LC/FEDLINK member use of the Vendor's service. The minimum shall not exceed 5% of the total LC/FEDLINK transfer pay usage of the Vendor's service in the prior fiscal year for total annual orders valued at less than $1 million and 2% for total annual orders valued at more than $1 million. The minimum contract amount shall not be less than $500.

(2) Payment of any amount due under this clause shall be contingent upon the Vendor’s timely submission of the FEDLINK Quarterly Sales Reports, as specified in section C.5.1 of this contract, during the period of the contract and receipt of the close-out sales report. The Government shall not be required to order and the Vendor shall not be required to furnish the minimum contract amount if the contract is terminated for cause or canceled at the request of the Vendor.

Except at provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

Joan M. Fitts, Contracting Officer

(Signature of person authorized to sign)

BY _____________________________________________

(Signature of Contracting Officer)

OMB Approval 2700-0042

NSN 7540-01-152-8070

30-105

STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE

Computer Generated Prescribed by GSA

FAR (48 CFR) 53.243

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Continued

3. Clause C.10. Clauses Incorporated by Reference on page 12 of the RFP is hereby deleted and replaced by the clause below:

C.10. CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2 FEB 1998)

NUMBER DATE

TITLE

52.212-1

NOV 2007

Instructions to Offerors – Commercial Items

52.212-4

FEB 2007

Contract Terms and Conditions – Commercial Items

52.214-34 APR 1991

Submission of Offers in the English Language

52.214-35 APR 1991

Submission of Offers in U.S. Currency

52.227-14 DEC 2007

Rights in Data—General

52.227-17 DEC 2007

Rights in Data—Special Works

52.227-18 DEC 2007

Rights in Data—Existing Works

52.227-19 DEC 2007

Commercial Computer Software License

52.232-18 APR 1984

Availability of Funds

4. Clause C.20. FAR 52.233-1 Disputes (Oct 1995) – As Modified by the Library of Congress (NOV 1996) on page 18 of the RFP is hereby deleted and replaced by the clause below:

C.20.

LOC 52.233-1 DISPUTES (FAR 52.233-1 OCT 1995) -‑‑ As Modified by the Library of Congress (FEB 2008)

(a) This contract is subject to the Contract Disputes Act of 1978 as modified by Section 1501 of Title I of Division H of the Consolidated Appropriations Act, 2008, Pub. L. No. 110-161, _____Stat____(2008).

(b) All disputes arising under or relating to this contract shall be resolved under subject clause.

(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.

(2)

(i) The contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $50,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor.”

(3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim.

(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(f) The decision of the Contracting Officer shall be final and conclusive unless, the Contractor appeals, within 90 days of receipt of a contracting officer’s decision, to the Government Accountability Office Contract Appeals Board, 441 G Street N.W., Room 7182, Washington, D.C. 20548. Facsimile: 202-512-9749; E-Mail: CAB@gao.gov.

(g) Interest Penalty. Claims shall not be assessed interest penalty.

(h) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.

Except at provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Continued

5. Section B Schedule of Supplies/Services, Products and Data Resources Offered/Schedule of Items (Blocks 19-24, SF1449) on page 3 of the RFP is hereby deleted in pertinent part and replaced by the language stated below. All other parts of Section B remain unchanged.

B.

SCHEDULE OF SUPPLIES/SERVICES

PRODUCTS AND DATA RESOURCES OFFERED/SCHEDULE OF ITEMS (BLOCKS 19-24, SF1449)

Prices are firm and not subject to increase for each fiscal year performance period under this contract. Contract period shall be for one base year with four one-year option periods.

FEDLINK customers may sign basic software and database license agreements; however, terms and conditions of this contract, federal law, and the Federal Acquisition Regulation (FAR) take precedence. Prices, services, terms and conditions found in catalogs or brochures do not apply to the extent that they modify or conflict with the prices, services, terms and conditions of this contract.

All goods and services acquired through FEDLINK are for official government use only. It is the customer agency's responsibility to ensure that its employees (and contractors) are aware of and follow agency rules for using and safeguarding personally identifiable information - including information accessed through commercial databases.

This is an Indefinite Delivery Indefinite Quantity (IDIQ) Contract. The minimum contract amount of this contract shall be $_________. The maximum cumulative amount that the Government may order and the Vendor shall be required to supply under this contract is ______________ annually.

B.1. PRICING PROPOSAL

All products and pricing offered must be associated with the appropriate Contract Line Item Number (CLIN). The template below is provided as guidance to Offerors on how to submit a pricing proposal. While all pricing situations may not fit the template, it should be used to the maximum extent possible.

Offeror shall recreate the template when preparing their price proposal, if needed.

Pricing Format for PRODUCTS:

CLIN

Item Description

Commercial Rate

Proposed LC/FEDLINK Rate

% Discount

Country of Origin

B B.2.3.1. Electronic Databases /Publications

B.2.3.3. Document Delivery

B.2.3.5. Vendor Associated Publications

B.2.3.6. Specialized Access/ Product

Integration

B.2. STATEMENT OF WORK

B.2.1. OBJECTIVE:

To establish Indefinite Delivery Indefinite Quantity (ID/IQ) contracts for acquisition of or access to commercial off-the-shelf electronic information resources for the FEDLINK program. FEDLINK is a nationwide interagency consortia sponsored by the Library of Congress (LC or The Library) through its Federal Library and Information Center Committee (FLICC). FEDLINK offers federal libraries, information centers and other federal activities information retrieval and library support services to help them fulfill their crucial mission of keeping the Government and the nation informed.

Except at provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

B.2.2. BACKGROUND:

Under the revolving fund created by the Library of Congress Fiscal Operations Improvement Act, P.L. 106-481, Section 103 (2 U.S.C. §§ 182c.), LC uses its extensive knowledge of the information industry and library operations to establish contractual agreements for commercial library/information products and then makes these agreements available to other federal libraries, information centers and other federal activities. LC/FEDLINK contractual agreements are established through formal procurement processes that meet the requirements of the Federal Acquisition Regulations (FAR) and follow the guidance provided by the Office of Federal Procurement Policy (OFPP). FEDLINK contracting for computer-based services began in 1974 with a delegation of procurement authority (DPA) from the General Services Administration to The Library. Both the Office of Management and Budget and the General Accounting Office encouraged the program's development and use by federal agencies.

LC/FEDLINK agreements are available to federal offices in the executive branch (including the department of defense), the legislative branch, the judicial branch, and independent agencies. In addition, contractors to government agencies who are authorized to use federal sources of supply are able to purchase through FEDLINK. Although the contracts meet the standards demanded by librarians and other information professionals, LC/FEDLINK customers are not limited to libraries. Legal offices, laboratories and information centers, analysts, scientists and other end-users in federal agencies may acquire their electronic and print publications through FEDLINK. FEDLINK contracts are negotiated to achieve the lowest possible price and most favorable terms and conditions. Vendor sales volume is considered to be an important element to achieve maximum discounts in each contract.

FEDLINK customers may choose a direct payment/invoice relationship with vendors or a “transfer pay” option. FEDLINK provides fiscal support to FEDLINK “transfer pay” customers. When establishing a purchase agreement with LC to use FEDLINK services, the customer may choose to transfer funds to LC to pay invoices for products/services ordered through the purchase agreement. Under this "transfer pay" option, the vendor sends invoices to FEDLINK, where FEDLINK Fiscal Operations (FFO) staff examine them, pay the vendor electronically, and send the customer a statement of account with copies of the paid vendor invoices. With transfer pay, the vendor only has to deal with one government financial office and the customer is relieved of the invoice processing workload. Terms for the direct-pay (Direct Express) or transfer-pay options, information on delivery order/purchase order and invoice procedures are described in Section F of this contract.

B.2.3. SCOPE:

Contractors shall be capable of providing products/services for ordering agencies with multiple organizational levels and geographic locations nationwide and/or worldwide. The Contractor shall also be capable of handling multiple purchase orders simultaneously. Contracts may be divided into four lots. Contractors must offer products/services under Lot 1 in order to provide products/services under Lot 3, and must offer products/services under either Lot 1 and/or Lot 2 in order to provide products/services under Lot 4. The four lots to be offered are as follows:

B.2.3.1. LOT 1 - Electronic Databases/Publications. Lot 1 is the core of this contract. It covers publishers and vendors who provide access to commercial off‑the‑shelf electronic materials in many publication formats as described below:

B.2.3.1 (a) Information Retrieval Databases. Information retrieval database vendors provide access, search and retrieval of information from databases and other electronic publications installed on a server at the vendor's facility and made available through the vendor's search interface. The system may be accessed and search results delivered via the Internet/Web, dedicated lines/ports or newsfeeds. Access is typically controlled through Internet protocol (IP) addresses or passwords for individual users. Authorized users can search and retrieve text on-demand, view records on their desktop and download or print items in a variety of record formats. Information retrieval services may be priced by transaction, subscription, or in blocks. The vendor shall provide a description of its electronic information retrieval services that addresses:

( the information retrieval databases/publications available - content, coverage, currency, publisher, etc.;

( how the system is accessed - Internet, Intranet, Web, dedicated line, etc.;

( how access is controlled - IP address, passwords, cancellation, reactivation, etc.;

( the search interface; and, ( search results - format, delivery method, redistribution, etc.

B.2.3.1 (b) Current Awareness. Variously known as personalized alerts, trackers, SDIs (selective dissemination of information), or table of contents services, current awareness services monitor electronic databases/publications and report items that match a user-specific interest profile or search strategy. Current awareness search results are delivered to the user electronically. Current awareness services may be priced by transaction, by subscription or in blocks.

Profiles may be specific to individuals, groups of associated users, or may be predefined by the vendor. Examples would be: a scientist might establish an alert for research on environmental toxins; an agency may set up a regular search for citations to articles published by its grantees; a librarian might subscribe to table of contents service for journals used by library customers; a vendor might establish a standard profile for updates on legislative or regulatory action on telecommunications reform.

Except at provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The vendor shall provide a description of its current awareness service that addresses:

( how the profile is established, changed, and terminated;

( what electronic publications shall be searched;

( how the current awareness search is run - frequency, etc.; and, ( how search results are delivered - format, delivery method, frequency, etc.

B.2.3.1 (c) Portal Services. Portal ("gateway" or "metasearch") services provide a single search interface to information resources in a wide array of formats via communications links to disparate information retrieval systems. Portals provide centralized access and federated searching of Web sites or products and/or other electronic information retrieval systems. Portals usually provide a common interface or command language for integrated searching, and may offer centralized administration and billing for use of remote fee-for- service or proprietary systems. Systems accessed via the portal and charges billed through the portal must fall within the scope of this solicitation. Portal services may be priced by transaction, by subscription or in blocks.

The vendor shall provide a description of its portal service that addresses:

( the systems and Web products that may be accessed;

( the search/retrieval standards (MARC21, Z39.50, XML, etc.) supported by the system;

( search and output , customization, local integration, software and interface options;

( the relationship between the offered service and the systems it searches (i.e., must the customer have direct accounts or subscriptions to each of the systems the product searches, or does the offeror's product use its own account(s)?);

( what prices shall be charged FEDLINK customers, if any, by the remote fee-for- service or proprietary system; and;

( how access is controlled - IP addresses, passwords, etc.

B.2.3.1 (d) Electronic Serials. Electronic serials (e-journals) are publications that typically include articles, illustrations, and other materials that appear in an issue of a journal, magazine or other periodical publication. E-journals may be published solely in electronic format or may be electronic versions of traditional print periodicals. E-journals frequently incorporate hyperlinks or multi-media elements. They are usually provided on a subscription basis to a defined group of users within an organization or to a consortium of institutions. The vendor shall provide for access to an archive or back issues of the e-journals, by maintaining the files centrally or allowing the subscriber to retain an archival copy.

The vendor shall provide a description that addresses preservation of the digital or electronic resources to ensure access to authenticated content over time:

( post cancellation rights for the period that the library was a subscriber,;

( archive or back issue access included as a part of the current subscription, and, ( provisions for long-term preservation of the e-journals (Portico, LOCKSS, etc.)

The vendor shall provide a description of its electronic serials (e-journals) that addresses:

( access to the publication - software, communications, passwords, etc.;

( the publication's format, content, coverage, and currency; and, ( subscription features - subscriber base, usage level, period, etc.

B.2.3.1 (e) Electronic Books. Electronic books that library patrons can search, borrow, read, and return via the Web or other Internet channels. E‑books may be published as full text collections and individual titles. E-books may be electronic versions of print titles, or may be works published solely in electronic format. E‑books frequently incorporate interactive learning tools, such as hyperlinks or multi-media elements. They are usually provided for the institutional library or information center market on a subscription basis. The vendor typically provides access to e-books while maintaining the files centrally. Library subscribers may incorporate e-books bibliographic records into their existing information retrieval catalogs for users’ desktop access.

The vendor shall provide a description of its e-books that addresses:

( access to the publication - software, communications, IP addresses, passwords, etc.;

( the publication's format, content, coverage, and currency; disposition of content when subscription ends access or ownership

( subscription features - subscriber base, transaction activity, period, content maintenance and support, etc.

( hardware requirements - specifications, availability of portable reading devices, etc.

B.2.3.1 (f) Fixed Media Databases - CD-ROM, Magnetic Tape, Diskette. Fixed media electronic databases/publications shall be physically installed in the customer's facility, either on a standalone workstation or in a networked environment. The software necessary to access fixed media publications shall be provided as part of the product. These publications may be purchased on a firm order, continuation or subscription basis. For publications purchased on subscription, the vendor shall specify procedures for handling regular updates. The vendor shall identify procedures for disposition of materials received under a canceled subscription. The vendor shall identify how a customer who cancels a subscription is to dispose of materials received under the subscription.

Except at provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The vendor shall provide a description of its fixed media publications that addresses:

( how the publication is accessed - software, hardware, network, links to information retrieval , etc.;

( the publication's format, content, coverage, and currency; or, ( subscription features - subscriber, period, updates, retention, etc.

B.2.3.2. LOT 1 Support Requirements.

B.2.3.2 (a) System Access Authorizations, User IDs, Passwords for information retrieval systems/products. The vendor, not the FEDLINK office, shall be responsible for issuing and maintaining IDs that are necessary to access the vendor’s databases or other electronic publications. This does not include IDs that may be required by the customer's local system, telecommunications or Internet provider. Customers' system access IDs will not be billed to the FEDLINK office itself, but shall be associated with individual customers. The vendor shall issue IDs for new customers or additional users promptly. The vendor shall establish procedures for customers to request IDs and shall identify any restrictions on use of IDs.

B.2.3.2 (b) Canceling IDs for information retrieval systems/products. Upon member request, the vendor shall promptly cancel individual IDs and terminate charges associated with continued service for those IDs in accordance with the terms of the contract. Except when the customer's funding is exhausted, the vendor shall not terminate IDs during the fiscal year without advance notification. The vendor shall establish procedures for customers to cancel IDs.

B.2.3.2 (c) Undelivered or Unacceptable Materials for information retrieval systems/products. The vendor shall provide a way for customers to "claim" electronic files that are undelivered or unacceptable, such as: undelivered current awareness reports or electronic journal issues normally distributed via e-mail; files corrupted in transmission; or alert or tracker reports that do not match personalized profile or are outdated.

B.2.3.2 (d) Subscriptions. Subscriptions may be offered for information retrieval services, electronic books, and electronic serials as well as for other fixed electronic media and print publications. Subscriptions are ordered at the beginning of the subscription period; the subscription period may cross fiscal years. Vendors shall describe subscriptions in terms of four elements: what, for whom (i.e. agency, individuals), how much and for how long. . Examples might be:

( an agency purchases an institutional subscription for unlimited usage of all files available on the vendor's database system for a period not to exceed 12 months;

( group of federal laboratories subscribes to a chemistry-related subset of files available on a system, for 1,000 hours per month for a total of six months, with usage over 1,000 hours per month billed at regular transactional rates;

( library that subscribes to the print and/or electronic version of a publication purchases a three-year subscription to a CD‑ROM version of the same material to be mounted on the library's Intranet or portal or, ( a service academy subscribes to an electronic journal for its faculty, staff and students, all of whom shall access the journal via the Internet from addresses within the same Internet domain.

(1) Subscription Invoicing. The vendor may invoice for the entire subscription price when the order is placed, or may invoice on a regular periodic basis. When subscriptions are prepaid, they should earn significant discounts for the government. Because a customer may have a subscription that covers some usage (for certain users, certain files, etc.) but may pay transactional prices for other usage, it is very important that all usage associated with the subscription be charged to the subscription and reported against it. Subscription invoices shall reflect the fiscal year in which the subscription was ordered. Double charging for usage by deducting from a subscription amount and charging transactional fees is prohibited. For subscriptions to electronic publications, the vendor shall provide customers with a way to determine how much usage there has been under the subscription. See B.2.3.2 (e) E-Metrics Usage Data.

(2) Subscription cancellation and refunds. When in the interest of the Government a customer finds it necessary to cancel a subscription, a refund is due as described below. The vendor shall refund the entire subscription price to a customer who cancels a subscription before the print issues are received, fixed media publication is installed, or information retrieval subscription is accessed. For a customer who cancels an information retrieval subscription before it is exhausted, the vendor shall refund any difference between the subscription price and the "open usage value" of the basic FEDLINK rate for the customer's actual usage as of the cancellation date. Thus, for example, a customer who cancels a $10,000 subscription after using 60 hours worth of a database with a basic FEDLINK rate of $30 per hour is entitled to a refund of $8,200 ($10,000 minus 60 hours @ $30 per hour.) In no case shall the Government be charged more than the subscription amount authorized on the customer's delivery/purchase order. The vendor is responsible for tracking subscription usage and providing the information necessary to figure refund amounts. Vendor must reimburse customer subscription price, if not used.

Except at provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

It should be noted that print publishers that provide electronic access to their publications sometimes differ in their subscription cancellation policies. Some publishers will not accept mid-term cancellations, and some will not refund money for the unused portion of a subscription. The availability and timing of refunds for cancellations depends on the publishers’ policies. The vendor may pass-through to the FEDLINK customer the terms of the publisher’s cancellation policy.

B.2.3.2 (e) E-metrics Usage Data. The use of online information resources has been growing exponentially and it is widely agreed by producers and purchasers of information that the use of these resources should be measured in a more consistent way. In order that customers may be able to analyze patterns in their usage, vendors shall provide customers with machine readable data about the customer’s use of their products/services.

(1) Format. E-metric usage data may be provided via electronic formats such as application ready format, such as Microsoft Access or Excel, Lotus Notes, e-mail, file transfer, or fixed media. To facilitate management analysis, data manipulation, and reporting, the data format should allow for easy editing, viewing or importing into a standard database management or spreadsheet program. Report formats should include the user group (or FEDLINK ID if available), IP address or range, access profile within the user community and time period.

(2) Required Fields. E-metrics usage data shall include session-specific data, with the following minimum elements: number of searches, number of materials accessed and/or supplied (displayed, downloaded, saved/archived) to the user; material type (e.g., citation, abstract, full-text, Web pages, image, audio, video, etc.) and materials source (e.g., locally owned accessible materials, accessible links, etc.)

For initiatives and standards relevant to usage statistics vendors should refer to the following publications for current information on the measurement of web-based resources:

Counting Online Usage of Networked Electronic Resources (COUNTER) is an international initiative designed to service librarians, publishers and intermediaries by facilitating the recording and exchange of online usage. The COUNTER Code of Practice provides guidance on data elements to be measured, definitions of these data elements, output report content and format, as well as on data processing and auditing. To have their usage statistics and report designated “COUNTER-compliant” vendors must provide usage statistics that conform to the Code of Practice. Additional information may be found at http://www.projectcounter.org International Coalition of Library Consortia (ICOLC) Guidelines for Statistical Measures of usage of Web-Based Indexed, Abstracted, and Full Text Resources (October 4, 2006), Additional information may be found at http://www.library.yale.edu/consortia/webstats06.htm National Information Standards Organization (NISO) Z39.7-2004 Information Services and Use: Metrics & statistics for libraries and information providers – Data Dictionary. For further information, see http://www.niso.org/emetrics/ B.2.3.3. LOT 2 - Document Delivery Services. Lot 2 covers vendors who provide machine-readable print copies of published materials in response to specific citation requests. However, general database or Internet searching at the customer’s request is not covered under this lot. Products/services offered include:

B.2.3.3 (a) Document Delivery Service. The vendor shall provide machine-readable or print copies of published and unpublished materials in response to specific citation requests. Materials typically include journal and newspaper articles, conference papers and proceedings, annual reports, technical reports, dissertations and theses, official legal, financial or patent documents. The vendor may retrieve or duplicate documents from the vendor’s own internal source files, such as journal issues held in‑house in paper or machine-readable form, or from external sources, such as the original producer of the item. The vendor may retrieve documents from remote information retrieval files in response to specific citation requests from the customer.

B.2.3.3 (b) Public Records Searching. The vendor may retrieve official legal, financial, or patent documents as requested by the customer. This service shall include identification, acquisition, and delivery of the official document. The vendor shall provide the customer with a statement describing the currency, extent, and completeness of the public record search.

B.2.3.3 (c) Order Verification. The customer shall verify citations before placing document orders. In cases where more complete verification is required, the customer may authorize the vendor to establish the accuracy of the bibliographic component of the citation of a requested item. The vendor may then assess a flat per item fee for verification.

B.2.3.3 (d) Copyright Compliance. All items shall be provided in accordance with the provisions of U.S. Copyright Law.

Except at provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(1) Royalty Fees. The vendor is required to pay all appropriate royalty or copyright royalty fees for the use of the publications provided before the documents are shipped. Such fees may be paid direct to the copyright owner or to a reproduction rights organization. The vendor may pass‑through royalty or copyright fees to the customer. The customer shall be notified when a royalty or copyright fee is in excess of $20.00 and be given the opportunity to cancel the order.

(2) Copyright Compliance Notice. To enable the customer to identify items purchased through the document service, items supplied by the vendor shall carry the notice "Document Delivery Service Item."

B.2.3.4. LOT 2 Support Requirements.

B.2.3.4 (a) Order Cancellation.

(1) By the Customer. The customer may cancel an order after placement but before shipment. In such cases the vendor may assess a flat charge for canceling the order. When the customer rejects an order due to late delivery of the requested item, or unsatisfactory quality of the document, the vendor may not assess a cancellation fee.

(2) By the Vendor. The vendor shall cancel orders which cannot be filled within specified turnaround time. The vendor shall provide the customer with a written notice of the cancellation. The notice shall be supplied within five working days of the date the order is canceled, or within five (5) working days of the date the vendor determines that a timely, quality document cannot be supplied. No cancellation fee may be assessed by the vendor for an order canceled by the vendor or the vendor's agent.

B.2.3.4 (b) Management Data/Reports. To help the customer track and manage its document delivery activity, the vendor shall provide document delivery service "usage" data in electronic format suitable for import into spreadsheet or database management applications. The data shall include:

(1) identification information: POC, ordering office, ship‑to address or ID; and,

(2) order information: fiscal year and date of the order, item, quantity, list price, discount, service fee, copyright fee, special delivery fee, extended price.

B.2.3.4 (c) Delivery. Documents may be delivered electronically, by fax, mail or special delivery. The vendor shall specify regular and rush fulfillment times for processing and delivery of all orders, and shall provide accurate and complete materials of satisfactory quality within those time frames regardless of the document's point of origin.

B.2.3.5. LOT 3 - Vendor Associated Publications. Lot 3 is only open to vendors who qualify under Lot 1. Vendors and publishers that offer electronic database/publications under Lot 1 may also provide their commercial off‑the shelf print, video, microform or multimedia publications. The vendor shall provide electronic access to their catalog of available publications. (Book jobbers and serials agents are covered by separate LC/FEDLINK solicitations and agreements and are not the subject of this procurement).

B.2.3.6. LOT 4 - Specialized Access / Product Integration. Lot 4 is only open to vendors who qualify under Lot 1 and/or Lot 2. Under Lot 4, vendors may tailor their electronic publication packages for individual customers. Vendors may work with customers to provide seamless integration of structured internal and external content into the customers’ workflow environment (e.g. intranet, extranet, portal, etc.). The vendors shall address how their customer specific products will be updated and maintained. For example, a customer may request that access for the agency be limited to a specific subset of the databases available on a vendor's system, or that the vendor's electronic publications be accessible via the agency's intranet. Vendors may provide database searching, translations, and other research assistance associated with the electronic information resources they offer under Lot 1 and/or Lot 2. Research assistance shall be priced on a per-item basis, not an hourly basis (e.g., per search, per summary report, per translation, etc.) Customer-specific offerings may be described and negotiated by the contracting office on an individual basis.

All materials shall be provided in accordance with the provisions of U.S. Copyright Law. The vendor is required to pay all appropriate royalty or copyright royalty fees for the use of or link to full text publications. The vendor shall provide customers with a statement that their products and services comply with the copyright provisions.

B.2.3.6 (a) Specialized File Groupings. The vendor may offer specialized groupings of its existing electronic information retrieval databases/publications. The vendor may establish predefined groupings available to all customers, may have a predefined access and pricing formula for picking and choosing among files, and/or may set up a specific grouping as requested by particular customer. Customer-specific grouping of files may be described and negotiated on an individual basis.

B.2.3.6 (b) Access to the customer’s own files. The vendor may provide access and searching to electronic databases/publications that are created and maintained by the customer and made available through the vendor's system. This does not include custom database creation by the vendor, nor editing or other maintenance of the customer's data or files by the vendor's personnel. Access and searching of the customer's material may be described and negotiated on an individual basis.

Except at provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

B.2.3.6 (c) Special Interface. The vendor may prepare a special interface to its electronic database/publication for a customer. Customer-specific interfaces may be described and negotiated on an individual basis. For example, the vendor may:

( provide an access and search link between a customer's portal and the vendor's web-based system;

( develop ways to reformat database search results so that they are accessible in the customer's internal system; or, ( prepare a special menu on the vendor's system for the customer's end-users to see when accessing the special grouping of files.

B.2.3.6 (d) Research assistance from vendor’s subject/technical experts. The vendor may provide subject and technical expertise to customers in searching vendors' own electronic resources, collating search results, and translating materials. Research assistance might include: helping an end-user formulate an efficient search in the vendor's publication; or searching for current research on a topic requested by the customer, collating search results, and preparing a synthesis of findings. These services shall be described on a fixed-price deliverables basis (e.g., per search, per number of resources accesses, per research report) not on an open-ended time and materials basis. These services may be offered to all customers at standard prices established in the contract. For selected customer requirements, services may be described and negotiated on an individual basis. Under this contract, research assistance does not cover on-site personal services such as staffing library reference desks, nor long-term consultant projects.

B.2.3.7. FEDLINK Requirements for Physical Items Ordered. The following requirements apply to item orders for fixed media publications, documents, print publications or other physical items covered by this contract.

B.2.3.7 (a) Fulfillment Time. The vendor shall specify a standard fulfillment time for processing and delivery of all orders, including those shipped directly from the publication/document source to the customer. The vendor shall provide both regular and rush order service. So that customer's funds are not committed indefinitely, all orders shall either be filled or canceled within 120 days.

B.2.3.7 (b) Backorders. When specifically authorized by the customer, the vendor may treat difficult‑to‑acquire items as backorders. (see fulfillment time above)

B.2.3.7 (c) Cancellation. The vendor shall cancel orders which cannot be filled within the specified time frames, unless upon mutual prior agreement between the customer and the vendor the fulfillment period is extended.

B.2.3.7 (d) Shipping. Physical items shall be shipped FOB destination by best method as determined by the vendor to insure a timely delivery date. The Government shall not be charged for shipping, except when the customer has authorized a special delivery method. When the customer has authorized delivery via Federal Express, overnight mail, messenger service, registered mail, priority mail for overseas shipments, or other such special delivery methods, the vendor may pass the shipping charge through to the customer. Copies of actual charges shall be required upon request.

B.2.3.7 (e) Replacing Physically Unsatisfactory Items. The vendor shall replace, at no additional cost to the customer, any document or publication the customer determines is physically unsatisfactory, except when the material is flawed as a direct result of the customer's error. Physically unsatisfactory material would include: an electronic file that cannot be read or printed; a photocopy that is illegible, over-reduced, improperly collated, or incomplete; a print publication that is not new, is in poor condition, etc.

B.2.3.7 (f) Undelivered Items. The vendor is entirely responsible for materials in transit, including delivery from a remote source. The vendor shall immediately reissue undelivered items less than $10 in value at no additional cost to the customer, and shall assist customers in tracing undelivered items of greater value, and when the trace fails to locate the materials, shall replace them at no cost to the customer.

B.2.4.

License Agreements.

Vendors frequently have license agreements for their electronic databases/publications and software products. Some licenses are for the vendor's proprietary products; other licenses simply pass-through terms established by the original publisher. LC/FEDLINK contracting officers shall not sign license agreements for the products/services that agencies acquire through LC/FEDLINK contracts. The products/services are used in the requiring agency and the licenses are signed and enforced by the requiring activity itself. This means that licenses shall be reviewed by the agency's attorneys, contracting officers, or other appropriate officials. Licenses that are ill-suited to federal customers are likely to have difficulty being approved. To make the license approval process easier for both vendors and federal agencies, FEDLINK has worked with the Library of Congress Office of General Counsel (OGC) to develop a basic license agreement that meets the federal requirements and serves the needs of federal libraries while still respecting the vendor’s interests. Counsel and FEDLINK program staff developed the model by reviewing existing commercial licenses for electronic database and publication products/services and by talking with the vendors and with the federal librarians on the FLICC Information Technology Working Group Licensing Subgroup. The basic license is included as Attachment D.1 in Section D of this contract. The vendor is not required to adopt this basic license in its entirety, but the terms in the basic license may serve as the basis for analysis and negotiation of licenses offered by the vendor. The vendor may, of course, choose to accept the basic license as its license. At the very least, it is hoped that the basic license will provide the vendor with license language that is likely to be acceptable to federal agency users and counsel (i.e. treatment of the Federal Acquisition Regulation (FAR) or payment and interest)

Except at provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Customers and vendors remain free to negotiate licenses separately. Such individual licenses shall only pertain to the customer for whom they were negotiated. When negotiating redistribution rights, vendors must consider that individuals legitimately associated with the requiring activity must be able to use the information resources the agency intends to provide for them. Upon request, FEDLINK shall assist vendors and FEDLINK customers in negotiating licenses to be applied in their local environments. Licenses presented when users logon to a system that instruct the user to "Click here to accept" or otherwise interactively agree to a standard non-FEDLINK license, do not supersede the terms of this contract and the FEDLINK-specific licenses incorporated herein.

Working with customers, FEDLINK has identified common commercial license terms that are likely to be unacceptable to local officials and terms that are impractical for federal agencies to implement. FEDLINK requests that vendors adapt their commercial licenses for FEDLINK customers by modifying the relevant clauses, by including a special section for the federal market, or by prefacing the license with language such as the following:

All of the terms and conditions set forth in this license agreement are governed by the language of FAR 52.212-4, as well as the terms of the FEDLINK contract. In the event any language in the terms and conditions of this license conflict with the governing FAR clauses or other federal law, the FAR clauses and federal law take precedence.

Except at provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.