LCFDL23R0059.pdf

Document Number: LCFDL23R0059 Page 1 of 46

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

LCFDL23R0059

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

03/24/2023

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

04/21/2023

09:00 ET

CODE 9414-FDL

FEDLINK Contracts Library of Congress 101 Independence Ave SE LA 215 Washington, DC 20540-9411

9. ISSUED BY X 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:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE 9414-FDL16. ADMINISTERED BY

FEDLINK Contracts Library of Congress 101 Independence Ave SE LA 215 Washington, DC 20540-9411

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

9414-FDLCODE18a. PAYMENT WILL BE MADE BY Submit Invoices through https://www.ipp.gov Submit Invoices through https://www.ipp.gov Washington, DC 20540

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Lines

25. ACCOUNTING AND APPROPRIATION DATA

LOC-2023-4543YR-C4014-2009000100000000-850002-2023

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X 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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE 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 THE CONTRACTING OFFICER (TYPE OR PRINT) Holly Le

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: LCFDL23R0059 Page 2 of 46

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Document Number: LCFDL23R0059 Page 3 of 46

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs LC52.216-3 Contract Type (JUN 2016) IDIQ Minimum/Maximum Pricing Schedule Requirements Pricing and Volume Discounts

C Descriptions/Specifications/Statement of Work Statement of Work (SOW)

D Packaging and Marking LC52.211-1 Deliveries (APR 2015) Packaging and Marking

E Inspection and Acceptance Inspection and Acceptance

F Deliveries or Performance LC52.215-5 Place and Period of Performance (JAN 2019)

G Contract Administration Data LC52.201-3 Contract Administration (AUG 2015) Contract Administration Data

H Special Contract Requirements LC52.239-4 Section 508 Compliance (Jan 2015) Addition of Products/Services Monthly Reporting Requirements Publicizing Product Offerings USA.gov Data Disclosure Contractor Quote Requirements LC52.201-1 Contracting Officer's Representative (COR) Appointment and Authority (Jan 2016) LC52.203-1 Contractor Publicity (Oct 2013) LC52.209-1 Conflicts of Interest (Oct 2013) LC52.224-1 Contract Publication (Oct 2013) Licenses and Agreements Applicability of 36 CFR 701.7

I Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.242-13 Bankruptcy (July 1995) Department of Defense Customer 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Dec 2022) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) LC52.233-1 52.233-1 (DEV) Disputes (MAY 2014) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) LC52.212-4 52.212-4 (DEV) Contract Terms and Conditions - Commercial Items (Feb 2016) LC52.212-5 52.212-5 (DEV) Contract Terms And Conditions Required To Implement Statutes Or Executive Orders - Commercial Items (MAY 2015) LC52.232-25 52.232-25 (DEV) Prompt Payment (Jul 2013)

J List of Attachments K Representations, Certifications and Other Statements of Offerors or Respondents

52.203-2 Certificate Of Independent Price Determination (Apr 1985) 52.204-8 Annual Representations and Certifications (Dec 2022)

L Instructions, Conditions and Notices to Offerors or Respondents 52.216-1 Type of Contract (Apr 1984) 52.216-27 Single or Multiple Awards (Oct 1995) LC52.233-2 Protests to the Library of Congress (Dec 2013) Instructions to Offerors

Document Number: LCFDL23R0059 Page 4 of 46

M Evaluation Factors for Award Evaluation Factors for Award

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Section B - Supplies or Services and Prices/Costs

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0001 Electronic Resources:

Base Period

Firm Fixed Price

PSC:

1.000000 LOT

Period of Performance:10/01/2023 - 09/30/2024

Pricing Options:

Indicator: Base

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0002 Electronic Resources:

Option Period 1

Firm Fixed Price

PSC:

1.000000 LOT

Period of Performance:10/01/2024 - 09/30/2025

Pricing Options:

Indicator: Option

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0003 Electronic Resources:

Option Period 2

Firm Fixed Price

PSC:

1.000000 LOT

Period of Performance:10/01/2025 - 09/30/2026

Pricing Options:

Indicator: Option

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0004 Electronic Resources:

Option Period 3

Firm Fixed Price

PSC:

1.000000 LOT

Period of Performance:10/01/2026 - 09/30/2027

Pricing Options:

Indicator: Option

Document Number: LCFDL23R0059 Page 6 of 46

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0005 Electronic Resources:

Option Period 4

Firm Fixed Price

PSC:

1.000000 LOT

Period of Performance:10/01/2027 - 09/30/2028

Pricing Options:

Indicator: Option

LC52.216-3 Contract Type (JUN 2016) (DEVIATION)

The Library of Congress (Library) has a requirement for multiple indefinite delivery, indefinite quantity (IDIQ) contracts. Individual orders may be placed on a firm fixed unit prices basis, the cumulative value of which shall not exceed the maximum defined in the contract (B.4.) In accordance with 2 U.S.C. § 182c (f)(1)(A), federal entities in the executive branch (including Department of Defense agencies), the legislative branch, and the judicial branch, independent agencies, and Federal agency Contractors that are authorized to use Federal sources of supply under FAR subpart 51.1 may be authorized to place orders under these contracts in accordance with the terms and procedures herein.

The contract period shall be for one base year period with four one-year options through 9/30/2028.

The Government reserves the right to reopen competition to new potential contractors annually.

Orders placed against the IDIQ contract shall be in accordance with the Federal Acquisition Regulation (FAR). Ordering offices do not need to synopsize the requirement. The terms and conditions of the IDIQ contract shall be incorporated in any resulting order. In accordance with FAR 16.505, individual orders shall clearly describe all services to be performed or supplies to be delivered so the full cost or price for the performance of the work can be established when the order is placed. Orders shall be within the scope, issued within the period of performance, and be within the maximum value of the contract.

Library of Congress contracting officers may place orders against this contract. The Library of Congress/FEDLINK may transfer some or all of the contract administration functions to the FEDLINK customer agency at any time during the life of the contract.

The contract administration functions include, but are not limited to: the exercise of optional contract line item numbers (CLINs), the exercise of the option to extend services, the exercise of the option to extend the term of the contract, and any other contract modifications. The Library of Congress will transfer any and all contract administration functions to the FEDLINK customer agency by written modification of the resulting contract and/or task orders issued against the contract. Upon transfer, the FEDLINK customer agency shall assume contract administration functions in accordance with the terms of the contract.

(End of clause)

IDIQ Minimum/Maximum

The guaranteed minimum contract amount for each IDIQ contract is $3,000.00. The maximum cumulative amount that the Government may order and the contractor shall be required to supply is $200,000,000.00 for each contract awarded under this solicitation except that higher maximums may be specified where appropriate for a given contract.

(End of Clause)

Pricing Schedule Requirements

All products and pricing offered must be associated with the appropriate Contract Line Item Number (CLIN). Offerors shall provide Firm-fixed prices for the base and option years. For those offerors that cannot provide Firm-Fixed pricing beyond the base year, offerors shall indicate a yearly cap on option year prices and explain how price cap was determined.

Document Number: LCFDL23R0059 Page 7 of 46

Pricing Pages. The pricing schedule shall reflect the contractor's prices. Rates proposed by the contractor must be equal or better to those offered to their top customers. The Contractor must submit pricing pages in Microsoft Excel spreadsheet. The pricing schedule must include the pricing period, CLIN, product code, description, commercial rate, FEDLINK rate, and FEDLINK discount. All dollar amounts shall be limited to two decimal places, with no rounding used. The contractor must use Attachment J.3, FEDLINK Pricing Pages Template, for submission or guidance.

Pricing mechanism or methodology. If a contractor’s pricing is based on customer specific pricing or packaged pricing, then a pricing mechanism or methodology with sufficient data for the Government to evaluate for price fair and reasonableness is required. An example of a pricing mechanism or methodology would be to provide a base rate for single user/single site for each title/service proposed with an explanation of the method for calculating the customer specific price or package price. The pricing mechanism must also show any savings/discounts received by the Government.

Electronic Access to Prices. Pricing shall be formatted electronically in Microsoft Excel. Web links are not permitted.

(End of Provision)

Pricing and Volume Discounts

Offerors are asked to offer sales-volume discounts when total spending through the FEDLINK contracts exceeds the dollar-value thresholds shown in the following table. Sales against these thresholds must be based on the aggregate dollar value of all purchases made by federal agencies and entities, regardless of whether the spending occurs through the Transfer option or the Direct Express option or is made by transaction, subscription, or block. Once a dollar-value threshold is reached, it will automatically be given to all federal agencies and entities. Additional volume discounts will be applicable within 30 days from the end of the calendar month in which the volume threshold is reached. Once a volume discount threshold is reached, and the discount achieved, it carries forward for the life of the contract. Prices do not reset at the beginning of option years. For customers with prepaid or block subscriptions, Contractors must remit the entire discount in U.S. dollars at the end of the next monthly reporting period, as required in Section G.

TIER THRESHHOLD ADDITIONAL DISCOUNT %

Tier 1 125% of prior year sales Tier 2 150% of prior year sales Tier 3 175% of prior year sales Tier 4 200% of prior year sales

(End of Provision)

Section C - Descriptions/Specifications/Statement of Work

Statement of Work (SOW)

C.1. BACKGROUND

The LC/FEDLINK revolving fund statute, codified at 2 U.S.C. § 182c (f)(1), authorizes the LC/FEDLINK program to provide the following services on behalf of participating Federal libraries, Federal information centers, other entities of the Federal Government, and the District of Columbia:

(A) The procurement of commercial information services, publications in any format, and library support services.

(B) Related accounting services.

(C) Related education, information, and support services.

With this authorization, LC/FEDLINK establishes centralized IDIQ contracts against which Federal offices in all branches of government (executive, including Department of Defense; legislative; and judicial), independent agencies, and Contractors authorized to use federal sources of supply under FAR part 51 are authorized to place orders. Legal offices, laboratories, information and data centers, analysts, scientists and other end-users in Federal agencies may acquire their electronic resources and publications through LC/FEDLINK. The program also provides accounting services: receiving and processing invoices for Customers who transfer funds to the program and making centralized payments to Contractors.

C.2. SCOPE

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The Contractor delivers or provides access to commercial off-the-shelf electronic information resources for the FEDLINK program.

Information products and services shall be available for ordering agencies with multiple organizational levels and geographic locations nationwide and/or worldwide.

Contracts may be divided into four lots as follows:

• Lot 1 – Electronic Databases/Publications

• Lot 2 – Document Delivery Services

• Lot 3 – Associated Publication

• Lot 4 – Specialized Access/Product Integration

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.

C.3. REQUIREMENTS

C.3.1. LOT 1 – ELECTRONIC DATABASES/PUBLICATIONS

PRODUCTS AND SERVICES. Lot 1 is the core of this contract. It covers publishers and Contractors who provide access to commercial off-the-shelf electronic materials in many publication formats as described below. All Contractors must provide products and services under either Lot 1 or Lot 2. The following are the types of products and services offered under Lot 1.

(a) Electronic Resources Databases. Electronic resources database Contractors provide access, search and retrieval of information from databases and other electronic publications installed on a server managed by the Contractor and made available through the Contractor’s search interface. The system may be accessed and search results delivered primarily via the Web, and to a lesser extent dedicated lines/ports or newsfeeds. Access is typically controlled through Internet protocol (IP) addresses, proxy services, or passwords for individual users. Authorized users can search and retrieve text and data on-demand, view records on their desktop and download or print items in a variety of record formats. Electronic Resources services may be priced by transaction, subscription, or in blocks.

(b) Current Awareness Service. Current awareness service allows for the dissemination of information that will keep users well informed and up-to-date in their field of interest in a timely manner. Current awareness service reviews/scans publications immediately selects information matching the needs of the organization and/or user, and sends the information electronically. Also known as personalized alerts, trackers, SDIs (selective dissemination of information), or table of contents (TOC) services, current awareness services may be directed not only to individuals or a group, but to all users in the organization. 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 Contractor. 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 Contractor might establish a standard profile for updates on legislative or regulatory action on telecommunications reform.

(c) Federated and Content Integration Services. Federated services are an electronic resources technology to meet the need of searching multiple disparate content sources with a single query. The search is distributed through various search engines and database and provides a centralized access of Web sites or products and/or other electronic resources systems. Federated services 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 federated searching and charges billed through the federated services must fall within the scope of this solicitation. Federated services may be priced by transaction, by subscription or in blocks.

Content integration services involve combining content from disparate sources and providing users with a unified view of and access to that content. Content integration can consolidate content sources under a single interface enabling users to discover, search, navigate, and manipulate consistent content. Integration services may apply taxonomies, uniform tagging, metadata, indexing, ontology and vocabularies to content. The content can be normalized, optimized and migrated to a wide array of end-user applications, platforms, enterprise portals, or content management systems. Content integration services facilitate sharing, discovery, delivery, and usability of content. Content integration services may be priced by quantity (e.g. transaction, blocks, content) or by subscription.

(d) Electronic Serials. Electronic serials (e-journals) are scholarly publications that typically include articles, illustrations, and other materials that appear in an issue of a journal, magazine or other periodical publication. While E-journals may be published solely in electronic format, most electronic serials are 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

Document Number: LCFDL23R0059 Page 9 of 46 an organization or to a consortium of institutions. The Contractor shall provide access to an archive or back file issues of the e-journals, by maintaining the files centrally or allowing the subscriber to retain an archival copy.

Note. Book jobbers and serials agents are covered by separate LC/FEDLINK solicitations and contracts and are not the subject of this procurement.

Note. Article Processing Charges (APCs), also known as a publication fee, are typically charged in lieu of subscription fees.

Contractors shall quote APCs for open access journal titles to Customers. Contractors shall only invoice for APCs listed on an awarded delivery order. Invoicing for APCs not on a delivery order is considered an unauthorized commitment.

(e) Electronic Books. Electronic books (e-books) are monograph publications available in digital form which consist of text and/or images. Electronic books allow patrons to search, borrow, read, and return via the Web or other Internet channels (such as, but not limited to the offeror’s proprietary platform). E-books may be published as full text collections or individual titles. E-books may be electronic versions of print titles, or may be works published solely in electronic format (born digital). 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 Contractor typically provides access to e-books while maintaining the files centrally. Library subscribers may incorporate e-books bibliographic records into their existing electronic resources catalogs for users’ desktop or mobile access. E-Book collections, packages and individual titles shall be identified and listed in the Contractor’s contract.

Note. Book jobbers and serials agents are covered by separate LC/FEDLINK solicitations and contracts and are not the subject of this procurement.

C.3.1.1. SUPPORT REQUIREMENTS

(a) IP Addresses. The Contractor shall be responsible for receiving and maintaining IP addresses and shall promptly respond to any changes in IPs which includes new IPs as well as cancellation of IPs. The Contractor shall maintain IP addresses for the Contractor’s databases and other electronic publications until Customer’s funding is exhausted or the Customer cancels subscription. The Contractor shall provide access to content purchased by the Customer.

(b) User IDs, Passwords. If the Contractor does not accept IP addresses, the Contractor shall be responsible for issuing and maintaining user IDs that are necessary to access the Contractor’s databases or other electronic publications. The Contractor shall issue IDs for new Customers or additional users promptly and will keep records of all IDs issued. The Contractor may issue passwords at the time user IDs are issued, or the user will create the password. The Contractor shall establish procedures for Customers to request IDs and shall identify any restrictions on use of IDs.

(c) Canceling IDs. Upon Customer request, the Contractor shall promptly cancel individual IDs and terminate charges associated with continued service for those IDs. Except when the Customer’s funding is exhausted, the Contractor shall not terminate IDs without advance notification. The Contractor shall establish procedures for Customers to cancel IDs.

(d) Undelivered or Unacceptable Materials. The Contractor 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 profiles or are outdated.

(e) Subscriptions. Subscriptions may be offered for electronic resources services, electronic books, and electronic serials as well as for other electronic media. Contractors must 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 Contractor’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; or

• An academic institution affiliated with the U.S. military subscribes to an electronic journal for its faculty, staff and students, all of whom will access the journal via the Internet from IP addresses within the same Internet domain.

(1) Subscription Invoicing. The Contractor shall 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

Document Number: LCFDL23R0059 Page 10 of 46 against it. Subscription invoices shall reflect the delivery order number and date. Double charging for usage by deducting from a subscription amount and charging transactional fees is prohibited. For subscriptions to electronic publications, the Contractor shall provide Customers with a way to determine how much usage there has been under the subscription. This will allow the Customer to determine if the cost per use of the subscription is financially acceptable to continue the subscription, or if the cost per use is financially unacceptable resulting in the cancellation of the subscription.

(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. The Contractor shall refund the entire subscription price to a Customer who cancels a subscription before the print issues and/or electronic documents are received or electronic resources subscription is accessed. For a Customer who cancels an annual electronic resources subscription after usage has begun, the Contractor shall pro-rate the annual subscription price so that the customer only pays for the period of actual usage.

(3) Volume discounts for subscription holders. Consistent with Section G.3.3. Contractors shall indicate on invoices when Customers with prepaid subscriptions will receive the volume discounts established under Section B.2. Contractors must remit the entire discount in U.S. dollars at the end of each monthly reporting period to customers with prepaid subscriptions.

(4) Termination and/or Lapses of Services. The Contractor must not begin or renew any service for any FEDLINK Customer until a delivery order specifying the Customer, service, and period of performance has been received. Contractors shall invoice only for supplies delivered or services performed in accordance to the awarded order. Contractors shall notify the Customer and FEDLINK via email that service(s) are reaching the end date in accordance to the period of performance. If no new order is awarded, Contractor shall terminate services without exception. LC/FEDLINK is not liable for products or services provided outside the awarded order’s period of performance.

LC/FEDLINK is not required to issue written notices for the termination of services. The contractor is fully responsible for any services accepted outside of the FEDLINK order. LC/FEDLINK are not responsible for payment of services that were performed without a signed order or modification from the FEDLINK Contracting Officer.

(5) Unauthorized commitments. If a Customer receives vendor goods or services after a FEDLINK delivery order expires, purchases goods or services not included on a FEDLINK delivery order, or attempts to place an order that would result in exceeding the IDIQ contract maximum, an “unauthorized commitment” may result. An unauthorized commitment is not binding on the Government unless and until it is ratified. See FAR 1.602-3. Only a FEDLINK Contracting Officer (CO) may enter into or modify an existing delivery order or contract. The contractor shall not accept any orders or provide goods or services to a Customer in excess of the terms of the contract and any orders issued thereunder.

(f) E-Metrics Usage Data. The Contractor shall provide COUNTER-compliant usage statistics or make these statistics accessible to the Customer on a monthly basis.

(1) Format. E-metric usage data must be provided via electronic application-ready format. To facilitate management analysis, data manipulation, and reporting, the data format must allow for easy editing, viewing or importing into a standard database management or spreadsheet program. Report formats shall 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 must include cost-per-use data, full text retrieval, and session-specific data by database and/ or publisher 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, Contractors must 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,” Contractors must provide usage statistics that conform to the Code of Practice. Additional information may be found at http://www.projectcounter.org

Document Number: LCFDL23R0059 Page 11 of 46

• International Coalition of Library Consortia (ICOLC) Guidelines for Statistical Measures of Usage of Web-Based Information Resources (1998, revised 2001, 2006), Additional information may be found at https://icolc.net/statements/ guidelines-statistical-measures-usage-web-based-information-resources-1998-revised-2001

• National Information Standards Organization (NISO) Z39.7-201X Information Services and Use: Metrics & statistics for libraries and information providers – Data Dictionary. For further information, see http://www.niso.org/publications

(g) Bundled Packages. Contractors that offer bundled packages shall provide the Customer with an itemized list of each component (title by title, database by database, etc.) and itemized pricing in the package. This information provides transparency and assists Customers with price management, analysis and comparison of products, and identifies future purchases.

(h) Tokens. Contractors that offer tokens to download content not included in a subscription may only offer tokens when the following conditions are met: (1) the content the token is used to purchase is defined and falls within scope of this contract and (2) the token expires at the end of the period of performance of the order. Contractors must certify their systems can control the expiration of tokens prior to offering tokens under this contract. Demand-driven, commitment, or deposit accounts are not the focus of this contract and are out of scope.

C.3.2. LOT 2 - DOCUMENT DELIVERY SERVICES

PRODUCTS AND SERVICES. Lot 2 covers Contractors who provide copies of published and unpublished materials in response to specific citation requests. Contractors must provide products and services under either Lot 1 or Lot 2. Products/services offered include:

(a) Document Delivery Service. Unless otherwise requested, the Contractor shall provide electronic copies of published and unpublished materials in response to customer specific citation requests. If the Customer requires print copies, the Contractor shall provide it. Materials typically include journal and newspaper articles, conference papers and proceedings, annual reports, technical reports, dissertations and theses, and official legal, financial or patent documents. The Contractor may retrieve or duplicate documents from the Contractor’s own internal source files, such as journal issues held in-house in paper or electronic form, or from external sources, such as the original producer of the item. The Contractor may retrieve documents from remote electronic resources files in response to specific citation requests from the customer.

(b) Public Records Searching and Delivery. The Contractor 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 Contractor shall provide the Customer with a statement describing how current the information is, the extent, and completeness of the public record search.

(c) Order Verification. The Customer must verify citations before placing document orders. In cases where more complete verification is required, the Customer may authorize the Contractor to establish the accuracy of the bibliographic component of the citation of a requested item. The Contractor may then assess a flat per-item fee for verification if approved in advance by the customer.

(d) Copyright Compliance. All items must be provided in accordance with the provisions of U.S. Copyright Law. The Contractor shall clear copyright to allow for customer use contemplated under this contract and resulting order.

(1) Royalty Fees. The Contractor is required to pay all appropriate royalty or copyright royalty fees for the use of the publications provided before the documents are shipped or otherwise made available to the customer. Such fees may be paid directly to the copyright owner or to a reproduction rights organization. The Contractor may pass through royalty or copyright fees to the Customer.

The Customer will be notified when a royalty or copyright fee is in excess of $25.00 per document 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 Contractor shall carry the notice “Document Delivery Service Item.”

C.3.2.1. SUPPORT REQUIREMENTS

(a) Order Cancellation.

Document Number: LCFDL23R0059 Page 12 of 46

(1) By the Customer. The Customer may cancel an order after placement but before shipment. In such cases the Contractor 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 Contractor may not assess a cancellation fee.

(2) By the Contractor. The Contractor must provide written cancellation for orders which cannot be filled within five (5) business days. No cancellation fee may be assessed by the Contractor for an order canceled by the Contractor or the Contractor’s agent.

(b) Management Data/Reports. To help the Customer track and manage its document delivery activity, the Contractor shall provide document delivery service “usage” data in electronic format suitable for import into spreadsheet or database management applications.

The data must 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

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

C.3.3. LOT 3 - ASSOCIATED PUBLICATIONS

Lot 3 is only open to Contractors who qualify under Lot 1. Contractors that offer electronic database/publications under Lot 1 may also provide their own commercial-off-the-shelf print, video, microform or multimedia publications. The Contractor shall provide electronic access to its catalog of available publications.

C.3.4. LOT 4 - SPECIALIZED ACCESS / PRODUCT INTEGRATION

Lot 4 is only open to Contractors who qualify under Lot 1 and/or Lot 2. Under Lot 4, Contractors may tailor their electronic publication packages provided under Lot 1 and Lot 2 for specific individual Customers. Contractors 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 Contractor shall address how their Customer-specific products will be updated and maintained.

Contractors may provide database searching, translations, training, analysis, research, and other professional assistance associated with the electronic resources they offer. Professional assistance will be priced on a per-item basis, not an hourly basis (e.g., per search, per summary report, per translation, etc.) Contractors must define costs of products/services offered under Lot 4 with as much specificity as possible including the basis of any custom quotes.

Note. Electronic training and online courses (e.g. professional videos, training, workshops, conferences, etc. that are not directly related to Lot 1 services) are not the focus of Lot 4 services and are out-of-scope. Only educational, electronic training, conferences, and online courses that directly supplement, support and interact with the products and services offered under Lot 1 are allowed. Such an offering under Lot 4 is limited and must be directly related to the products/services offered under Lot 1.

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

The Contractor may offer specialized groupings of its existing electronic resources databases/publications, 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. The Contractor may provide access and searching to electronic databases/publications that are created and maintained by the Customer and made available through the Contractor’s system. The Contractor may prepare a special interface to its electronic database/publication for a Customer, such as provide an access and search link between a Customer’s portal and the Contractor’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 Contractor’s system for the Customer’s end-users to see when accessing the special grouping of files.

This does not include custom database creation, nor editing or other maintenance of the Customer’s data or files by the Contractor’s personnel. Customer-specific grouping of files, custom interfaces, and access and searching of Customer-specific material may require a separate statement of work and will be negotiated at the task order level on an individual basis.

The Contractor may provide subject and technical expertise to Customers in searching the Contractor’s electronic resources, collating search results, and translating materials. Research assistance might include, for example: helping an end-user formulate an efficient search in the Contractor’s database; or searching for current research on a topic requested by the Customer, collating search results, Document Number: LCFDL23R0059 Page 13 of 46 and preparing a synthesis of findings. These services will 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 may require a separate statement of work and will be negotiated on an individual basis.

Note. Under this contract, research assistance does not cover consultant projects or on-site personal services such as staffing library reference desks.

C.4. FEDLINK REQUIREMENTS FOR PHYSICAL ITEMS ORDERED

The following requirements apply to item orders for documents, print publications or other physical items covered by this contract.

(a) FULFILLMENT TIME. The Contractor 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 Contractor shall provide both regular and rush order service including pricing for the service. So that Customer funds are not committed indefinitely, all orders will either be filled or canceled within 120 days.

(b) BACKORDERS. When specifically authorized by the Customer, the Contractor may treat difficult-to-acquire items as backorders. (See fulfillment time above)

(c) CANCELLATION. The Contractor shall cancel orders that cannot be filled within the specified time frames, unless upon mutual prior agreement between the Customer and the Contractor the fulfillment period is extended.

(d) SHIPPING. Physical items will be shipped FOB destination by best method as determined by the Contractor to insure a timely delivery date. The Government will not be charged for shipping, except when the Customer has authorized a special delivery method.

When the Customer has authorized delivery via overnight mail, messenger service, registered mail, priority mail for overseas shipments, or other such special delivery methods, the Contractor may pass the shipping charge through to the Customer. The Contractor shall supply the Customer with proof of actual shipping costs upon request.

(e) REPLACING PHYSICALLY UNSATISFACTORY ITEMS. The Contractor 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, for example: 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.

(f) UNDELIVERED ITEMS. The Contractor is entirely responsible for materials in transit, including delivery from a remote source.

The Contractor shall immediately reissue undelivered items less than $10 in value at no additional cost to the Customer, and will assist Customers in tracing undelivered items of greater value, and if the trace fails to locate the materials, will replace them at no additional cost to the Government.

(End of Statement of Work)

Section D - Packaging and Marking

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

Packaging and Marking

Document Number: LCFDL23R0059 Page 14 of 46

All physical deliverables required under this contract will be delivered in accordance with standard commercial practices and will be marked with LC Contract Number and the delivery/purchase order number.

Deliverables and other documents may also be requested to be submitted electronically.

(End of clause)

Section E - Inspection and Acceptance

Inspection and Acceptance

Inspection and Acceptance will be conducted by FEDLINK agency Point of Contacts (POCs) in accordance with Federal Acquisition Regulation (FAR) 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (DEC 2022).

(End of clause)

Section F - Deliveries or Performance

PERIOD OF PERFORMANCE

ITEM START END

0001 10/01/2023 09/30/2024

0002 10/01/2024 09/30/2025

0003 10/01/2025 09/30/2026

0004 10/01/2026 09/30/2027

0005 10/01/2027 09/30/2028

LC52.215-5 Place and Period of Performance (JAN 2019) (DEVIATION)

Place of Performance: The place of delivery shall be indicated in each task order. All deliveries will be made to the agency as specified in each task order.

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

(End of Clause)

Section G - Contract Administration Data

LC52.201-3 Contract Administration (AUG 2015)

This contract will be administered by:

Library Contracting Officer: Holly Le The Library of Congress The Library of Congress FEDLINK Contracts Office 101 Independence Ave., S.E.

Washington D.C. 20540-9414 Email: heva@loc.gov

Library Contract Specialist: Elinda Deans The Library of Congress FEDLINK Contracts Office 101 Independence Ave., S.E.

Washington D.C. 20540-9414

Document Number: LCFDL23R0059 Page 15 of 46

Email: ehar@loc.gov

FEDLINK Contracting Officer's Representative (COR):

[To be provided at the time of award.]

Contractor Contract Administrator information is provided at the order level.

The contractor must send copies of all correspondence concerning the contract to the Contracting Officer and the COR at the above address and shall refer to the contract number.

(End of clause)

Contract Administration Data

G.1.1. Contracting Officer's Authority. The CO is the only person authorized to issue amendments and modifications to the solicitation/contract, approve changes in any of the requirements under the solicitation/contract, or obligate funds. Notwithstanding any clause/provision contained elsewhere in this contract, the authority to modify the contract remains solely with the CO. If the Contractor makes any contract changes at the direction of any person other than the CO, the change will be considered to have been made without authority. The Contractor must acknowledge that any services provided outside of a fully executed order is at risk to the Contractor. The Contractor may risk rejection upon receipt of invoice submission. The CO has the authority to perform any and all post-award functions in administering and enforcing the contract in accordance with its terms and conditions.

G.1.2. CORs for Orders Issued Under the Contract. For Transfer Pay Customers, the designated COR for orders issued under the contract will be the Customer agency point of contact identified on the order. For Direct Express Customers, the designated COR (if any) for an order issued under the contract will be as identified by the Direct Express Customer agency Contracting Officer or other individual authorized to obligate funds in accordance with agency regulations.

G.1.3. CORRESPONDENCE WITH LC/FEDLINK CUSTOMERS. The Contractor shall submit proposed product announcements, notifications of offerings, and other similar correspondence about products or services offered under this contract to LC/FEDLINK for approval before distributing the material to LC/FEDLINK Customers. Submit correspondence, prior to release, for approval via email to FEDLINKIR@loc.gov AND FEDLINKContracts@loc.gov.

G.2. CUSTOMER USE OF FEDLINK CONTRACTS

LC/FEDLINK provides both contracting and accounting support to Federal agencies and organizations authorized to use federal sources of supply. Together, these organizations are referred to herein as “Customers.” Even though Federal agencies are defined as “Customers,” the Library of Congress and Contractor shall be the parties to any contracts or agreements resulting from the solicitation.

The Library of Congress retains the right to exercise any right or obligation owed to a Customer.

G.2.1. FEDLINK SERVICE OPTIONS. As described below, LC/FEDLINK offers Customers two service options: Transfer Pay and Direct Express.

Contractors are required to offer both the Transfer Pay and Direct Express options to LC/FEDLINK Customers. Contractors are required to remit the FEDLINK Funding Fee to LC/FEDLINK for all Transfer Pay sales in addition to Direct Express sales.

G.2.1.(a) Transfer Pay. Under the Transfer Pay option, a Customer transfers the estimated annual amount they plan to spend on the Contractor’s products or services, along with a quote from the Contractor that must include Contractor identification, Customer identification, Contract information (current IDIQ contract number), and the following quote information: Quote date, period of performance, CLINs; product number; product name; IDIQ contract price or range; Customer price; and discount applied to Customer price (see section C.5 for details). On behalf of the Customer, an LC/FEDLINK Contracting Office issues an order to the Contractor in the service dollar amount specified on the Customer’s IAA. After receiving the delivery order, the Contractor provides service to the Customer and submits the Customer’s invoices to LC/FEDLINK for payment. LC/FEDLINK reviews the invoices, rejects improper ones, and pays acceptable ones.