LCFDL25R0008 SF1449 Draft RFP 8.12.25.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

Document Number: LCFDL25R0008 Page 10 of 60

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30CODE

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OWNED SMALL BUSINESS (EDWOSB)

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11. DELIVERY FOR FREE ON BOARD (FOB) DESTINATION UNLESS BLOCK IS MARKED

SEE SCHEDULE

13a. THIS CONTRACT IS RATED ORDER UNDER THE DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM – DPAS (15 CFR 700)

16. ADMINISTERED BY

FEDLINK Contracts Library of Congress 101 Independence Ave SE LA 215 Washington, DC 20540-9411 13b. RATING

14. METHOD OF SOLICITATION

REQUEST FOR QUOTE (RFQ)

INVITATION X FOR BID

(IFB)

REQUEST FOR PROPOSAL (RFP)

15. DELIVER TO

CODE

CODE

10. THE ACQUISITION IS

17a. CONTRACTOR/

OFFEROR

CODE

UNRESTRICTED OR SET ASIDE:

WOMEN-OWNED SMALL

18a. PAYMENT WILL BE MADE BY Submit Invoices through https://www.ipp.gov Submit Invoices through https://www.ipp.gov Washington, DC 20540

CODE

NORTH AMERICAN INDUSTRY

SMALL BUSINESS

HUBZONE SMALL BUSINESS SERVICE-DISALBED VETERAN-OWNED SMALL BUSINESS (SDVOSB)

BUSINESS (WOSB)

SEE ADDENDUM

24. AMOUNT

23. UNIT PRICE

22. UNIT

21. QUANTITY

20. SCHEDULE OF SUPPLIES/SERVICES

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

19. ITEM NUMBER

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5. SOLICITATION NUMBER LCFDL25R0008

4. ORDER NUMBER

3. AWARD/EFFECTIVE DATE

FACILITY CODE

1. REQUISITION NUMBER B20250087

a. NAME

9. ISSUED BY

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

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CLASSIFICATION STANDARD

ECONOMICALLY DISADVANTAGED WOMEN-

CHECKED

2. CONTRACT NUMBER

7. FOR SOLICITATION INFORMATION CALL:

PAGE 1 OF

6. SOLICITATION ISSUE DATE

06/02/2025

8. OFFER DUE DATE / LOCAL TIME

06/20/2025

12:00 ET

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25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

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

ARE X 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

Katherine Bowen Contracting Officer 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

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ITEM NUMBER

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SCHEDULE OF SUPPLIES/SERVICES

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32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL

FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 11/2021) BACK

Table of Contents

Section B - Supplies or Services and Prices/Costs

Books and Non-Print Materials and Related Support

Other

PSC:

1.000000

LOT

Period of Performance: 05/01/2026 – 04/30/2031

Description: Five (5) Year Ordering Period for FEDLINK Books and Non-Print Materials and Related Support

Reference Line: B20250087 - 0001

Pricing Options:

Indicator: Base

LC52.212-2 Supplemental License Agreements (July 2017) (DEVIATION) The Library does not agree to licensing agreements or any other provisions that attempt to: (1) replace an order as the governing contract; (2) establish new or supplemental payment terms; or, (3) affect the legal relationships of the parties. Notwithstanding any clauses in this contract or order, or the contractual vehicles against which the order is placed, that establish order of precedence, the rights and obligations provided by this contract or order take precedence over the rights and obligations set forth in any licensing agreements provided to the Library.

The Library’s incorporation of a licensing agreement into this contract or order excludes all terms of the licensing agreement that contravene, modify or conflict with the terms of 36 CFR § 701.7 available at: https://www.ecfr.gov/cgi-bin/text-idx?

SID=dc27b450776539eec64eef7de65f7dc3&mc=true&node=se36.3.701_17&rgn=div8

The language set forth in this contract and any resulting orders constitute the entire agreement with respect to the subject matter thereof, and cannot be superseded, deleted or modified with supplemental agreements.

FEDLINK does not agree to licensing agreements (including product terms) or any other provisions that attempt to: (1) replace a contract or order as the governing contract; (2) establish new or supplemental payment terms; or, (3) affect the legal relationships of the parties. Notwithstanding any clauses in this contract or resulting orders that establish order of precedence, the rights and obligations provided by contracts and orders take precedence over the rights and obligations set forth in any licensing agreements provided to FEDLINK or to FEDLINK customers by the contractor. FEDLINK’s incorporation of a licensing agreement into the contract or an order via contract modification excludes terms of the licensing agreement that contravene, modify or conflict with the contract and/or order.

Furthermore, even if FEDLINK agrees to incorporate a licensing agreement (including product terms) into a contract or order, FEDLINK does not agree to provisions that address any of the following matters: indemnification; compliance with industry standards not imposed by law; choice of law; interest penalty payments; choice of venue or forum; automatic renewal; arbitration; and provisions mandating alternate dispute resolution.

Licenses presented when users log onto a system that instruct the user to “Click here to accept” or otherwise interactively agree to a non-FEDLINK license, do not supersede the terms of this contract and any FEDLINK-specific licenses incorporated herein.

FEDLINK Contracting Officers (FEDLINK COs) and FEDLINK customers shall not sign or otherwise agree to publisher license agreements. FEDLINK COs may incorporate contractor license agreements into this contract or orders placed against this contract subject to the terms and conditions of this contract and the orders issued against this contract. FEDLINK customers shall not be required to sign or agree to contractor license agreements. Requests to incorporate contractor license agreements must be submitted with contractor quotes/proposals or requests to modify the contract or an order so that the licensing terms and conditions can be evaluated prior to contract award, issuance of the order, or contract modification.

APPLICABILITY OF 36 C.F.R. § 701.7 TO THIS CONTRACT AND ORDERS PLACED UNDER THIS CONTRACT. This contract, and each order placed under this contract, are subject to the provisions of 36 C.F.R. § 701.7, which is provided below. For purposes of this contract and any resulting orders under this contract, 36 C.F.R. § 701.7 shall be applicable to all FEDLINK customer agencies to the same extent as 36 C.F.R. § 701.7 is applicable to the Library of Congress.

36 C.F.R. § 701.7 – Certain Terms in License Agreements.

(a) Definitions.

(1) Computer software has the meaning provided in 48 CFR 2.101.

(2) License agreement means any license agreement, subscription agreement, end user license agreement (EULA), terms of service (TOS), or similar legal instrument or agreement.

(b) Purpose. The purpose of this part is to accommodate the Library of Congress’ legal status as a Federal agency of the United States and assure that the Library of Congress, when entering into license agreements, follows applicable Federal laws and regulations, including those related to fiscal law constraints, governing law, venue, and legal representation; to preserve the Library’s rights under U.S., foreign, and international copyright law; and to preserve the Library’s ability to make use of computer software and other materials it licenses.

(c) Applicability. (1) The clauses set forth in paragraph (d) of this section are deemed to be inserted into each license agreement to which the Library of Congress is a party with the same force and effect as if set forth therein, notwithstanding any provision thereof to the contrary. In addition, the clauses in paragraph (e) of this section are deemed to be inserted into each license agreement to which the Library of Congress is a party, other than license agreements for the license of computer software to the Library of Congress, with the same force and effect as if set forth therein, notwithstanding any provision thereof to the contrary. If any term of a license agreement (at the time the license agreement is executed or as it may be amended in the future) conflicts with or imposes any additional obligations on the Library of Congress with respect to a matter addressed by any of the clauses that are deemed to have been inserted into the license agreement as described above, the following shall apply:

(i) Such term is unenforceable against the Library of Congress unless otherwise expressly authorized by Federal law and specifically authorized under applicable Library of Congress regulations and procedures;

(ii) Neither the Library of Congress nor its employees shall be deemed to have agreed to such term by virtue of the term appearing in any license agreement;

(iii) Such term is stricken from the license agreement; and

(iv) The terms of the clauses of this section incorporated in the license agreement shall control.

(2) The Library of Congress is not bound by a license agreement unless it is entered into on behalf of the Library of Congress by a person having the authority to contract referred to in § 701.4.

(3) The Library of Congress is bound only by terms that are in writing and included in license agreements (including hard copy and electronic license agreements) entered into on behalf of the Library of Congress by a person having the authority to contract referred to in § 701.4.

(4) If any provisions are invoked through an ‘‘I agree’’ click box or other comparable mechanism (e.g., ‘‘clickwrap’’ or ‘‘browsewrap’’agreements), such provisions do not bind the Library of Congress or any Library of Congress authorized end user to such provisions, unless agreed to on behalf of the Library of Congress by a person having the authority to contract referred to in § 701.4.

(d) Provisions applicable to all license agreements. The following clauses are deemed to be inserted into each license agreement to which the Library of Congress is a party:

Unauthorized Obligations. The Library of Congress shall not be bound by any provision that may or will cause the Library of Congress or its employees to make or authorize an expenditure from, or create or authorize an obligation under, any appropriation or fund in excess of the amount available in the appropriation or fund, that would create an Anti-Deficiency Act ( 31 U.S.C. 1341) violation. Such provisions include, for example, automatic renewal of the agreement, penalty payments by the Library of Congress, indemnification by the Library of Congress, and payment by the Library of Congress of taxes or surcharges not specifically included in the price for the license.

Liability. The liability of the Library of Congress and its obligations resulting from any breach of this agreement, or any claim arising from this agreement, shall be determined exclusively under 28 U.S.C. 1346, 28 U.S.C. 1491, or other governing Federal authority.

Representation. The conduct of, and representation of the Library of Congress in, any litigation in which the Library of Congress is a party, or is interested, are reserved exclusively to the United States Department of Justice as provided for in 28 U.S.C. 516.

Governing Law. This agreement shall be governed for all purposes by and construed in accordance with the Federal laws of the United States of America.

Venue. Venue for any claim under this agreement shall lie exclusively in the Federal courts of the United States, as provided in 28 U.S.C. 1346 and 28 U.S.C. 1491. Any action commenced in a State court that is against or directed to the Library of Congress may be removed by the United States Government to Federal district court in accordance with 28 U.S.C. 1442.

Dispute Resolution. The Library of Congress does not agree to submit to any form of binding alternative dispute resolution, including, without limitation, arbitration.

Order of Precedence. Notwithstanding any provision of this agreement (including any addendum, schedule, appendix, exhibit, or other attachment to or order issued under this agreement), in the event of any conflict between the provisions of this agreement and the provisions of the clauses incorporated into this agreement pursuant to 36 CFR 701.7, the provisions of the clauses incorporated pursuant to 36 CFR 701.7 shall control.

Commercial Computer Software. As used in this clause, “commercial computer software” has the meaning provided in 48 CFR 2.101. The provisions of the clause regarding the license of commercial computer software set forth in 48 CFR 52.227-19 are incorporated into this agreement with the same force and effect as if set forth herein, with all necessary changes deemed to have been made, such as replacing references to the Government with references to the Library of Congress.

(e) Additional provisions applicable to license agreements other than for license of computer software. In addition to the clauses deemed to be incorporated into license agreements pursuant to paragraph (d) of this section, the following clauses are deemed to be inserted into each license agreement to which the Library of Congress is a party, other than for the license of computer software to the Library of Congress:

Unauthorized Uses. The Library of Congress shall not be liable for any unauthorized uses of materials licensed by the Library of Congress under this agreement by Library of Congress patrons or by unauthorized users of such materials, and any such unauthorized use shall not be deemed a material breach of this agreement.

Rights Under Copyright Law. The Library of Congress does not agree to any limitations on its rights (e.g., fair use, reproduction, interlibrary loan, and archiving) under the copyright laws of the United States ( 17 U.S.C. 101et seq.), and related intellectual property rights under foreign law, international law, treaties, conventions, and other international agreements.

(End of clause)

LC52.216-3 Contract Type (JUN 2016) (DEVIATION) The Federal Library Information Network (FEDLINK) has a requirement for an indefinite delivery, indefinite quantity (IDIQ) contract. Individual orders may be placed on a firm fixed unit priced basis, the cumulative value of which shall not exceed the maximum defined in the contract. 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 Federal Acquisition Regulation (FAR) subpart 51.1 may be authorized to place orders under these contracts in accordance with the terms and procedures herein.

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

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 of the IDIQ, and be within the maximum value ("ceiling") of the contract.

(End of clause)

IDIQ Minimum/Maximum Amounts

The guaranteed minimum contract amount for this IDIQ contract is $500.00. The maximum cumulative amount that the Government may order and the contractor shall be required to supply is $50,000,000.00.

(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 consistent with industry standards and explain how price cap was determined.

Pricing Pages. The pricing schedule shall reflect the contractor's prices. Rates proposed by the contractor must be equal to or less than those offered to their top customers. The Contractor must submit pricing pages in the provided 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 and 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 (use Attachment J.3., FEDLINK Pricing Pages Template). Web links are not permitted.

(End of clause)

Section C - Descriptions/Specifications/Statement of Work

Definitions The below definitions are provided to clarify FEDLINK's technical terms relevant to this FEDLINK Books and Non-Print Materials and Related Support requirement.

1. A/V. Audiovisual materials (AV materials) are a combination of sound and visual media, such as videos, audio, and images.

2. Books and Non-Print Materials (Non-Serial Materials). Publications that are complete in one part or are intended to be completed in a finite number of separate parts. This category includes publication formats such as books, reports, encyclopedias, audio-visual materials, music CDs, etc. A complete list of these formats can be found in C.3.1.2 below.

3. Firm Order. A one-time order for a specific title(s) and number of copies, in contrast to a subscription or standing order.

4. Leasing Plan. The library leases publications from a supplier instead of buying them, retaining an option to purchase leased items at a reduced price when the term of the lease is over. The leasing plan is a mechanism for libraries to obtain popular titles without having to buy multiple copies for the permanent collection.

5. Multimedia. An item containing two or more categories of materials no one of which is identifiable as the predominant constituent of the item (such as video games).

6. Serial Publication. A publication in any medium issued under the same title in a succession of discrete parts, usually numbered (or dated) and appearing at regular or irregular intervals with no predetermined conclusion.

7. Days. Unless otherwise stated, all days noted in the Statement of Work are calendar days.

Statement of Work (SOW) C.1. BACKGROUND. The Library of Congress (Library) requires contract support to provide Books and Non-Print Materials and Related Support. The Library provides these services under the Federal Library and Information Network (FEDLINK). In accordance with 2 U.S.C. § 182c (f)(1), the Library is authorized to provide Books and Non-Print Materials and Related Support on behalf of participating federal libraries, federal information centers, other entities of the federal Government, and the District of Columbia. Libraries and other federal offices centralize the acquisition of Books and Non-Print Materials through qualified firms to reduce the Government's time and labor investment in acquiring information needed to support agency missions. Section 103 of P.L. 106-481 (2 U.S.C. 182c) is FEDLINK’s statutory authority to provide "the procurement of commercial information services, publications in any format, and library support services,...related accounting services,...related education, information and support services."

C.2. SCOPE OF WORK. The contractor shall provide Books and Non-Print Materials and Related Support from contractors, publishers, distributors, or producers of books and media (non-serial publications) and associated customer/technical support to federal libraries, information centers, and other federal offices for the FEDLINK program. The contractor shall also perform a variety of associated duties that support the execution and administration of Library acquisitions operations, and the delivery and physical processing of materials. The contractor may provide technical processing only for materials supplied under this contract.

C.3. PERFORMANCE AREAS. The objective of this requirement is to obtain contractor support for Books and Non-Print Materials and Related Support under the FEDLINK program that includes the following (all of which are further defined below):

· Lot 1 - Firm Order

· Lot 2 - Technical/Physical Processing

· Lot 3 - Leasing Plan

a. Publications. Materials covered include books and other publications that are complete in one part or, are intended to be completed in a finite number of separate parts. Varied publishing formats and/or Non-Print Materials such as, but not limited to, books, electronic books/publications, reports, encyclopedias, audio-visual materials (e.g. DVDs, CDs, audio books), multimedia (e.g. video games), and reprints are acceptable.

b. Physical Requirements of Publications. The contractor shall supply publications in the customer's choice of the bindings, or all formats offered by the publisher, e.g. cloth, paper, or library binding, hardbound, electronic, or all other issued formats. All materials shall be new and in mint condition. The contractor shall supply the latest edition of all publications unless the customer specifically requests another edition. Unless otherwise specified, the contractor shall supply publications as they are available domestically. Foreign press materials shall be supplied in the requested foreign version.

C.3.1. Lot 1 FIRM ORDER. The contractor shall supply publications in response to firm orders from FEDLINK Contracting Officers (FEDLINK COs). A firm order is a one-time order for a specific title or titles for a specific number of copies. The contractor shall supply publications in response to firm orders from FEDLINK CO to include:

· Requested materials from in-house stock or acquire items as needed directly from the publisher or other appropriate source. Most of the publications categories in this document refer to items commonly available in the United States, but some categories, such as foreign press publications, concern non-domestic materials.

· Books and other library materials to FEDLINK customers including traditional monographs - single volume print books - or for other non-serial library materials in varied formats, physical media, and digital formats.

· Specialized material by subject area, format, or source of publication. The contractor must identify the types of materials they supply within their specializations. The contractor may specialize in more than one area. For example, a contractor might specialize in scientific and technical publications and might supply trade, scholarly, textbook, audio-visual, association press and university press materials on scientific-technical subjects; or a contractor might specialize in trade publications in all subject areas except juvenile/ young adult; in textbooks in all subject areas; or in foreign press publications on business, scientific, medical, and legal subjects. The contractor may also specialize in all or any of the areas by providing materials in digital formats and are encouraged to provide digital materials in these categories even if they cannot also provide print materials.

C.3.1.1. Subject Specialization. The contractor must supply publications in at least one of the following specialized (group) subjects:

a) General

b) Juvenile, Young Adult

c) Business, Economics, Finance

d) Legal

e) Medical, Allied Health

f) Scientific, Technical

g) Social Sciences, History, Humanities

h) Military

C.3.1.2. Format or Source Specialization. The contractor must supply publications in at least one of the formats or sources below:

a) Trade, Trade Paperback

b) Textbooks, Textbook Paperback

c) Mass Market Paperbacks

d) Reference

e) Reprints, Back Issue Sets

f) Videos (DVDs, Blu-rays, Downloadable)

g) Music (CDs, Vinyl, Downloadable)

h) Audio (CDs, eAudiobooks)

i) Media Players (e.g. Playaways)

j) Kits (e.g. books with accompanying audio)

k) Videogames (E-games, Gaming console compatibility/support)

l) Spoken Word (audio formats specifically for speeches, poetry, plays, language pronunciation instruction, etc.)

m) Non-English Language (list languages offered)

n) Out-of-Print

o) Association, Society Presses

p) Foreign Presses

q) Government Documents

r) Small Presses

s) University Presses

t) eBooks

C.3.1.3. Firm Order types. Upon receipt of a valid, fully executed order, the contractor shall process regular firm orders, backorders, and rush orders. Standing orders are not permitted.

a) Regular Firm Orders. Available publications shall be delivered to the customer within thirty (30) days of receipt of the customer's order. These shall be considered regular firm orders. The contractor shall promptly notify (within 5 business days) the customer when an item cannot be obtained within the regular 30-day timeframe, so the customer may identify an alternate source for the publication in a timely manner.

b) Firm Order Backorders. Items which cannot be delivered within thirty (30) days of receipt of the customer's order, but which the contractor can supply, shall be treated as backorders. Upon receipt of a backordered item from the publisher, the contractor shall ship it to the customer within ten (10) days.

c) Rush Firm Orders. The contractor shall provide a method and identify timeframes for rush handling of orders for titles the customer requires on short notice. Rush orders shall be available both for publications supplied from the contractor's stock and for items acquired as needed from publishers.

C.3.1.4. Firm Order date. The order date of all orders shall be the date the customer sends the order to the contractor, not the date the contractor begins processing the order (e.g., entering the order in a computer system, requesting the item from a publisher, etc.). All items shall be billed in accordance with the customer’s order date.

C.3.1.5. Catalog. The contractor shall provide customers a comprehensive online catalog, or other listing of available publications and/ or a list of publishers or other sources that they can access.

C.3.1.6. Pre-order assistance. The contractor shall provide estimates of publisher's list price, contractors' discount category or service fee, and availability of the item (forthcoming, in/out of print, in stock, etc.) upon request of the FEDLINK Customer for anticipated orders.

C.3.1.7. Order Communication. The contractor shall accept and confirm orders and cancellations through multiple communication methods. These shall include the contractor’s online system, e mail, or telephone. At a minimum, the contractor's communication methods, especially regarding online ordering, telecommunications, and order cancellation, shall meet requirements as detailed herein.

C.3.1.7.1. Administration of Orders. At a minimum, the contractor shall, on a recurring monthly or ad hoc basis, track the customers’ funding in their accounts to ensure that all book orders have been fulfilled. The contractor is responsible for outreach (contacting the customer regarding the fulfillment of the order/requested items) within five (5) days of receiving an order from the FEDLINK CO. At a minimum, on a monthly basis the vendor shall reach out to customers that have books remaining on their order in the vendor’s ordering platform and ensure that these customers fully submit their order to complete the transaction.

C.3.1.8. FEDLINK Monthly Cancellation and Deobligation Reports to FEDLINK. The contractor shall report the monthly dollar value (in U.S. dollars and rounded up to 2 decimal points) of all order cancellations under this contract. This report must be submitted whether or not cancellations are recorded for the current month. The purpose of this report is to track cancellations of orders (either in whole or in part) due to the unavailability of resources to facilitate the timely deobligation of unexpended funds. Cancellations will not include backorders. At a minimum, the monthly reports shall contain the information required in Attachment J.1 – FEDLINK Monthly Cancellation and Deobligation Report.

C.3.1.8.1. Report Delivery. The contractor shall deliver the FEDLINK Monthly Cancellation and Deobligation Report to FEDLINK via email to FEDLINKcontracts@loc.gov, FEDLINKorders@loc.gov, FEDLINKBooks@loc.gov, and FEDLINKAP@loc.gov. If no cancellations occur, the contractor must show zero on the report for each month. The report is due monthly on the 10th of the month. If the 10th is a holiday or a weekend, the report is due the next business day. The contractor must also provide an annual close-out report within thirty (30) days after the government’s fiscal year end. The close-out report must cover all cancellations not shown in the final monthly report and reconcile all errors. The contractor shall report the last report for the fiscal year marked ‘FINAL’, and account for any corrections. If an order is altered after the fiscal year end, the correction will be made on the first report of the next fiscal year and identified as previous year adjustment.

C.3.1.9. Cancellation Notices. The contractor must provide written cancellation notices by email to the customer for all orders canceled by the customer and for all items the contractor cannot supply. Notices shall be supplied within five (5) business days of the date the customer cancels the order or the date the contractor determines the item cannot be supplied. At a minimum, the cancellation notices will show the following details:

· Contractor Name

· Order Name and Number

· Name of Title(s)

· Date of Cancellation

· Quantity Ordered

· Total Price of Canceled Title(s) (USD)

· Reason for Cancellation

· Shipping Address for the Order

Contractors shall cc FEDLINKcontracts@loc.gov, FEDLINKorders@loc.gov, FEDLINKBooks@loc.gov, and FEDLINKAP@loc.gov on all cancellation notices and confirm the amount for deobligation. Further, monthly reports shall include all cancellations with order information and deobligation amounts in Attachment J.1 – FEDLINK Monthly Cancellation and Deobligation Report.

C.3.1.10. Returns. Customers shall return items that were supplied in error (incorrect items shipped) or items received in unacceptable condition. The contractor shall not charge the customer for materials, shipping, or processing for returned items. Returned items shall be noted in Attachment J.1 – FEDLINK Monthly Cancellation and Deobligation Report along with the order information and deobligation amounts.

C.3.1.11. Backorders. Items which cannot be delivered within thirty (30) days of receipt of the customer's order, but which the contractor can supply, shall be treated as backorders. The contractor shall notify the customer if any portion of their order is backordered within five (5) business days. Upon receipt of a backordered item from the publisher, the contractor shall ship it to the customer within ten (10) days.

C.3.1.12. Related Support. Customer support is an essential component of the value offered through the FEDLINK program. The contractor shall provide responsive, knowledgeable support to the federal libraries, information centers, and other federal offices that are FEDLINK customers. Basic elements of customer support are described below.

C.3.1.13. Incidentals. The contractor may be asked to provide book processing items that are in support of (and incidental to) the acquisition and delivery of library materials. These supplies may include, but are not limited to: barcode labels, spine labels, RFID tags, label protectors, Mylar jackets, and other related processing materials necessary for the integration of items into the Government’s library systems.

All incidental supplies provided shall:

· Be clearly identified in all invoices and packing slips, including quantities and unit prices.

· Be delivered in accordance with the specifications and timelines outlined in individual task or delivery orders.

· Be purchased in association with a Lot 1 Firm Order.

Incidentals shall be established at the order level and price reasonableness shall be confirmed by the Contracting Officer at that time.

C.3.1.14. Deliveries. Deliveries shall be made in accordance with LC52.211-1 Deliveries (APR 2015) (DEVIATION), which will be included at the order-level with all relevant delivery information.

C.3.1.15. Customer Support.

a. Contract Administrator: The contractor shall designate an individual to serve as a point of contact (POC) for FEDLINK and FEDLINK’s members. This individual shall be familiar with the terms of the FEDLINK IDIQ and FEDLINK processes and shall understand the publications acquisitions needs of federal libraries and information centers. This individual shall have the ability and authority to answer questions and resolve problems.

b. Customer Support: The contractor shall provide a Point of Contact (POC) specifically for FEDLINK customers for inquiries about orders, problems, or other information. This POC shall be responsible for receiving and tracking all customer orders and order modifications.

C.3.2. LOT 2. TECHNICAL/PHYSICAL PROCESSING. The contractor may provide technical processing only for materials supplied under this contract, performing physical processing, or cataloging to supply materials to the customer in shelf-ready condition. The contractor may provide a computer-based order processing system for the customer to make the acquisitions control process more effective and efficient.

C.3.2.1. Technical processing. The contractor may physically process and/or provide cataloging data for the publications supplied to make the items shelf-ready for the customer's collection. Format conversion, archival, or conservatorial processing are out of scope of this solicitation. Technical processing options shall be priced on a flat, per item basis.

C.3.2.2. Physical processing. The contractor shall physically process materials supplied by the contractor in accordance with a profile of the customer's requirements as developed by the customer and the contractor. The profile shall specify the extent of processing, and the formatting and placement of items (such as call number labels and barcode labels). The contractor shall identify the materials to be used in physical processing, such as the type, grade, size and make of processing supplies provided number labels. The following physical processing options may be supplied:

a) Physical Processing (per unit)

i. Spine Label (per item)

ii. Due Date Slip/Pocket/Circulation Card (per item)

iii. Barcode labels (per set)

iv. Security Device (per item) (RFID tag, Security strip)

v. Book Covers (per item)

vi. Binding (per item)

vii. DVDs/CDs cases (per item) – locking, durable, heavy duty

b) Other Physical Processing Options (specify)

c) Cataloging Processing

i. Cataloging Data in Electronic Form (per record)

ii. Cataloging in Print Form (per card set)

iii. Other Cataloging Processing Options not captured in electronic or print cataloging.

d) Complete Technical Processing (see C.3.2.4. for details)

e) Collection Development Support (see C.3.2.5. for details)

f) Digital Media Processing - Original artwork digitally reproduced to customer specifications, including but not limited to:

i. Embedded barcode

ii. Border options

iii. Library logo

iv. Library name

v. Ownership labels

vi. Spine label

vii. Additional label options

viii. Disc hub label

ix. Genre labels

x. Custom specifications that match library branding (logos, colors)

C.3.2.3 Cataloging processing. The contractor shall supply MARC records (or a set of catalog cards) and /or item records for each publication supplied by the contractor. Cataloging data shall be supplied in accordance with a profile of the customer's requirements as developed by the customer and the contractor for descriptive and/or subject cataloging and call number classification schema.

a. Cataloging Parameters: The contractor shall furnish, at customer request, Library of Congress, Sears, or National Library of Medicine subject headings and Library of Congress, Dewey, or National Library of Medicine call numbers.

b. Cataloging Data in Electronic Form: Cataloging output shall be available through electronic mail or internet transfer (FTP), or other commercially available distribution format.

C.3.2.4 Complete technical processing. The contractor may offer complete physical and cataloging processing of publications supplied. Complete processing shall consist of a combination of the elements identified under the physical and cataloging processing described above.

C.3.2.5 Collection development support. The contractor shall provide collection development, collection management tools, or collection analysis or assessment to the customer or may provide the customer with online access on the contractor's system. The contractor will provide training in their collection development, collection management, or collection analysis/assessment tools or system, as requested.

C.3.3. LOT 3. LEASING PLAN. The contractor shall lease or license monograph (non- serial) publications to customers in response to orders for specific titles or according to a customer profile upon issuance of a valid and fully executed order. The customer leases publications from the supplier instead of buying them and retains an option to purchase leased items at a reduced price when the term of the lease is over. The term of the lease shall be specified in the FEDLINK Order.

Lease publications shall be supplied in access-ready condition. The leasing plan is a mechanism for a library to expand the resources available to its users by obtaining popular titles as needed, without having to buy multiple copies for the permanent collection. Leasing also extends the shelf life of heavily used titles.

C.3.3.1. Leasing plan publication categories. The contractor may establish leasing plans that provide materials in the following categories:

a) Subject Based (Specify Subject)

b) Format or Source Based (Specify Format/Source)

c) Profile Based (Specify Audience)

C.3.3.2. Types of leasing plans. The contractor shall provide at least one of the following types of leasing plan:

a) Multi-Tiered Ordering

b) Title Selection Leasing Plan (specify unit price)

c) Profile Leasing Plan (specify unit price)

d) Usage Based Acquisition Plan (specify unit price)

e) Option to Purchase

f) Discount off net price

g) Rush delivery

h) Special delivery

i) Additional Support Services

C.3.3.3. Leasing process and procedures. The contractor shall provide the FEDLINK Contracting Officer and the customer with written or electronically delivered documentation that fully describes the leasing plan's operating procedures, including identifying and selecting materials to be provided, developing a profile, returning items at the end of the lease period, purchasing items, and invoicing. The customer and the contractor shall establish a regular schedule and method for shipment and return of publications.

C.3.3.4. Option to purchase Leased Items. The contractor shall offer the customer the option to purchase leased items at a reduced rate at the end of the lease period or may offer an option for purchase at discounted price.

C.3.3.5. Lease Returns. The contractor shall not charge the customer's lease for rejected items, materials, processing, or shipping. At the expiration of the lease, the contractor must confirm receipt of the returned items s that will not be purchased by the customer.

C.4. QUALITY CONTROL. The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this Statement of Work (SOW). The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective products and services. The contractor’s quality control program is how it assures itself that its work complies with the requirements of the contract.

Section E - Inspection and Acceptance

Inspection and Acceptance

E.1. CONTRACTOR RESPONSIBILITY. The contractor is responsible for the day-to-day inspection and monitoring of the work performed or deliveries made to ensure compliance with the contract requirements. All work performed under this contract shall be of the highest quality and in keeping with the best practices of the industry.

E.2. INSPECTION AND ACCEPTANCE. FEDLINK customer Contracting Officer's Representatives (CORs), as designated on individual orders, will inspect delivered publications and optional services for conformance with contract requirements and report any defects or discrepancies to the vendor, with a copy of such notice to the FEDLINK COR and FEDLINK Contracting Officer (FEDLINK CO). The contractor must correct any deficiencies within ten (10) business days.

Inspection and acceptance under this contract will be in accordance with Federal Acquisition Regulation (FAR) 52.212-4 Contract Terms and Conditions Commercial Items.

(End of clause)

Section F - Deliveries or Performance

PERIOD OF PERFORMANCE

LC52.215-5 Place and Period of Performance (JAN 2019) (DEVIATION) Place of Performance: The place of delivery is F.O.B. destination in accordance with Federal Acquisition Regulation (FAR) 52.247-34 F.o.b. Destination, unless the customer agrees to an alternate arrangement. The place of delivery shall be indicated in each order. All deliveries will be made to the agency as specified in each order.

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

SCHEDULE OF DELIVERABLES

These shall be considered regular firm orders. Contractor shall promptly notify the customer (within 5 business days) when an item cannot be obtained within the regular 30-day timeframe.

Administration of Orders C.3.1.7.1. At a minimum, the contractor shall, on a recurring monthly or ad hoc basis, track the customers’ funding in their accounts to ensure that all book orders have been fulfilled. The contractor is responsible for outreach (contacting the customer regarding the fulfillment of the order/requested items) within five (5) days of receiving an order from the FEDLINK CO. At a minimum, on a monthly basis the contractor shall reach out to customers that have books remaining on their order in the vendor’s ordering platform and ensure that these customers fully submit their order to complete the transaction.

Report Delivery C.3.1.8.1. The contractor shall deliver the FEDLINK Monthly Cancellation and

Deobligation Report to FEDLINK via email to FEDLINKcontracts@loc.gov, FEDLINKorders@loc.gov, and FEDLINKBooks@loc.gov. If no cancellations occur, the contractor must show zero on the report for each month. The report is due monthly on the 10th of the month. If the 10th is a holiday or a weekend, the report is due the next business day. The contractor must also provide an annual close-out report within thirty (30) days after the government’s fiscal year. The close-out report must cover all cancellations not shown in the final monthly report and reconcile all errors. The contractor shall report the last report for the fiscal year marked ‘FINAL’, and account for any corrections. If an order is altered after the fiscal year, the correction will be made on the first report of the next fiscal year and identified as previous year adjustment.

supply, shall be treated as backorders. The contractor shall notify the customer if any portion of their order is backordered within five (5) business days.