Solicitation.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDEX

1. REQUEST NO.

LCLSC11Q0084

2. DATE ISSUED

08/04/2011

3. REQUISITION/PURCHASE REQUEST NO.

RQ LSC20110101

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

Contracts & Grants Management Library of Congress Contracts & Grants Management 101 Independence Av SE LA 325 Washington, DC 20540-9411

5a. ISSUED BY 6. DELIVER BY (date)

7. DELIVERY

OTHER

(See Schedule)FOB DESTINATION X

9. DESTINATION

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

a. NAME OF CONSIGNEENAME April N. Martin

TELEPHONE NUMBER

AREA CODE

NUMBER

707-0456 Ext.:

8. TO:

b. STREET ADDRESS

c. CITY

a. NAME b. COMPANY

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

08/22/2011

IMPORTANT: This is a request for information, and quotations furnished are not officers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service.

Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

1 Barcode Labels 1.000000 LOT

Delivery Date: "/>

Period of Performance: 09/01/2011 to 09/30/2011

See Section B for additional lines

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%)

0.00

b. 20 CALENDAR DAYS (%)

0.00

c. 30 CALENDAR DAYS (%)

0.00

d. CALENDAR DAYS

NUMBER

PERCENTAGE

0.00

NOTE: Additional provisions and representations [ ] are [ X ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

QS - LCLSC11Q0084 Page 1 of 31

Table of Contents

Section Description Page Number

CS Continuation Sheet B Supplies or services and prices/costs C Description/specifications. Statement of Work D Packaging and marking E Inspection and acceptance G.1 Contract Administrative Data H Special contract requirements K Representations, certifications, and other statements of offerors

QS - LCLSC11Q0084 Page 2 of 31

Summary Info Continuation Page Continuation Sheet Additional Information

Item No. Supplies or Services Quantity Unit Unit Price Amount

2 Option Period One Total : 1.000000 LOT

Period of Performance: 10/01/2011 - 09/30/2012 Description:

Delivery Schedule:

Delivery Number Delivery Date Quantity

Purchase Request Reference Line: RQ LSC20110101 - 1

Contract/BPA Number: - 1

Item No. Supplies or Services Quantity Unit Unit Price Amount

3 Option Period Two Total : 1.000000 LOT

Period of Performance: 10/01/2012 - 09/30/2013 Description:

Delivery Schedule:

Delivery Number Delivery Date Quantity

Purchase Request Reference Line: RQ LSC20110101 - 1

Contract/BPA Number: - 1

Item No. Supplies or Services Quantity Unit Unit Price Amount

4 Option Period Three Total : 1.000000 LOT

Period of Performance: 10/01/2013 - 09/30/2014 Description:

Delivery Schedule:

Delivery Number Delivery Date Quantity

Purchase Request Reference Line: RQ LSC20110101 - 1

Contract/BPA Number: - 1

Item No. Supplies or Services Quantity Unit Unit Price Amount

5 Option Period Four Total : 1.000000 LOT

Period of Performance: 10/01/2014 - 09/30/2015

QS - LCLSC11Q0084 Page 3 of 31

Description:

Delivery Schedule:

Delivery Number Delivery Date Quantity

Purchase Request Reference Line: RQ LSC20110101 - 1

Contract/BPA Number: - 1

Item No. Supplies or Services Quantity Unit Unit Price Amount

6 Option Period Five Total : 1.000000 LOT

Period of Performance: 10/01/2015 - 08/31/2016 Description:

Delivery Schedule:

Delivery Number Delivery Date Quantity

Purchase Request Reference Line: RQ LSC20110101 - 1

Contract/BPA Number: - 1

IDC Constraints Line Item

Line Number Minimum Quantity Minimum Amount Maximum Quantity Maximum Amount

B Supplies or services and prices/costs.

B.1 General

B.1.1 The Contractor shall provide all supplies and/or perform the services described in Section C., at the Library of Congress, in ac-cordance with the requirements of this Solicitation.

B.1.2 The title for this Solicitation/Contract is Item Barcode Labels.

B.2 Pricing.

B.2.1 Offerors must quote prices for all supplies and/or services required during the base period in order to be considered for award.

Partial pricing by an Offeror shall render the proposal non-responsive to the Library's requirements and the proposal shall not be con-sidered for award.

B.2.2 Unit prices quoted shall be inclusive of all the Offeror's direct costs (e.g., labor, maintenance, handling and transportation costs), other direct costs (ODC’s), indirect costs, and profit. Offerors must include all costs associated with providing the services described in and required by the Solicitation.

B.2.3 Offerors are cautioned that its price proposal may be rejected as non-responsive to the Solicitation requirements if it is materi-ally unbalanced as to prices for the initial contract period. A price proposal is considered to be materially unbalanced when it is based on prices that are significantly less than cost for some items/work and prices that are significantly overstated for other items/work..

B.2.4 The Library shall not be responsible for compensating Offerors for any costs tied to Solicitation requirements but not factored into the proposed prices, either by the Offeror's intention or by mistake.

B.3 Prices/Costs

QS - LCLSC11Q0084 Page 4 of 31

The Offerors shall furnish pricing information for the required Solicitation .

Item type Description (first line) Dimensions Unit Quantity per roll

IBAL LARGE First line printed: LIB-

RARY OF CON-

GRESS

1.625” X 0.625” pre-printed

Roll / one-up 1,000 labels per roll

IBAL LARGE First line printed: LC

CIP

1.625” X 0.625” pre-printed

Roll / one-up 1,000 labels per roll

IBAL LARGE First line printed: LC

ACQUISITIONS

1.625” X 0.625” pre-printed

Roll / one-up 1,000 labels per roll

IBAL LARGE First line printed: LC

COPYRIGHT

1.625” X 0.625” pre-printed

Roll / one-up 1,000 labels per roll

IBAL MINI First line printed: LIB-

RARY OF CON-

GRESS

1.625” X 0.46” pre-printed

Roll / one-up 1,000 labels per roll

IBAL MINI First line printed: LC

CIP

1.625” X 0.46” pre-printed

Roll / one-up 1,000 labels per roll

IBAL MINI First line printed: LC

ACQUISITIONS

1.625” X 0.46” pre-printed

Roll / one-up 1,000 labels per roll

IBAL MINI First line printed: LC

COPYRIGHT

1.625” X 0.46” pre-printed

Roll / one-up 1,000 labels per roll

Shipping TBD

Descriptions & Specifications IDC Constraints Document

C Description/specifications. Statement of Work

C.1 - BACKGROUND

The Library of Congress Joint Issue Group on Labeling (JIG-L) established standards and practices for all forms of labeling across Service Units (as documented in the JIG-L Marking, Stamping, and Labeling Manual an ht-tp://www.loc.gov/library/reports/co_bpr/JIG-L.htlm). The Manual cites the exact content, size, and production method and preserva-tion specification for each label used by units throughout the Library. It is important to adhere to this standard because the labeling of collection material is frequently the only intellectual control access point for a collection item. The adherence capabilities of a label are paramount to the long-term access of collection materials. Image quality is also critical in a barcode label because scanners must be able to read the barcode despite wear and tear on the label.

As a result of the work of JIG-L, in 2005, a new type of barcode called the Item Barcode Accession Label (IBAL) was adopted. This was the beginning of the transition across the Library from barcode labels produced in-house by the Print Shop on sheet stock to pre-printed roll stock produced digitally. The digital process produced a higher quality image and greater print contrast than thermal trans-fer, photocomposed, or laser printing. The Library has developed specifications for this technology that uses durable, light-fast, poly-merized inks that bond permanently to the polyester substrate to produce dependable, archival barcode labels for long-term use with

QS - LCLSC11Q0084 Page 5 of 31 cultural heritage collections. Because of the superiority of this digital technology, it was possible to reduce the size of the barcode la-bel by 50%.

The Collections Access, Loan, and Management (CALM) Division is in charge of procuring approximately 4 million IBAL labels for all units of the Library of Congress including the Copyright Office every year. These pre-printed labels with unique numbers are re-quired every year to inventory Library’s collections. In addition to annual operations for newly acquired items, since Fall 2002 the Library has been moving millions of items of the general and special format collections to the state-of-the-art off-site collections stor-age facility at Fort Meade, MD. Collections being transferred rto Ft. Meade are comprised of both book and special format items, such as prints, photographs, drawings, manuscripts, music sheet, globes, negatives, microfilm masters and other 3-dimensional materials.

IBALS are the unique identifier of items and in some cases containers linked to the LC Integrated Library System (ILS), which allows for request and retrieval of each barcoded item/container, both on-site and off-site.

CALM intends to purchase around 4 million pre-printed labels (or 4,000 rolls) of IBAL labels made of 3-mil white opaque polyester with 2-mil acrylic adhesive 3M#350.

The Library of Congress requires purchasing 2 sizes of labels as needed to be able to accommodate the inventory of all formats in Lib-rary’s collections. The dimensions are the following: 0.46” x 1.625” (Mini IBALS) and 1.625” x 0.625” (Large IBALS). Font of let-ters and numbers size MUST match the samples provided in this solicitation (See Appendix 3)

The sequencing of numbers to be printed on the barcodes will be determined by the Library of Congress.

This is an urgent matter and should be expedited as soon as possible.

Pre-award samples are mandatory and must be submitted to be tested by the Preservation Research and Testing Division of the Lib-rary of Congress according to the Library of Congress Specification - Appendix 2 Spec: 700-712-09 12/14/2009 except for clause 1.1- Face stock and 1.2- Adhesive. See Appendix 1 for Face stock and Adhesive specification. See Appendix 3 for sample of la-bels and font of text and numbers. See section C.4.4 for more details about pre-award samples.

C.2 - SCOPE

The pre-printed IBAL labels MUST be made of 3-mil white opaque polyester with 2 mil acrylic adhesive 3M#350 with digital ima-ging process for printing in order to pass LC Specifications determined for long-term preservation - LC Spec:# 700-712-09 12/14/2009 except for clause 1.1- Face stock and 1.2- Adhesive. See Appendix 1 for Face stock and Adhesive specification.

The Library of Congress requires purchasing 2 sizes of labels to be able to accommodate the inventory of all formats in Library’s col-lections. The dimensions are the following: 0.46” x 1.625” (Mini IBALS) and 1.625” x 0.625” (Large IBALS) with rounded corners.

The request is for rolls with 1,000 labels/each one-up.

The average of labels purchased each year is about 4.0 million labels or 4,000 rolls.

The pre-printed text varies according to the inventory departments, as follows:

- LIBRARY OF CONGRESS – estimated quantity/year = 3,200 rolls

- LC ACQUITISIONS – estimated quantity/year = 400 rolls

- LC CIP – estimated quantity/year = 200 rolls

- LC COPYRIGHT - – estimated quantity/year = 200 rolls

C.3 – CONTRACTOR REQUIREMENTS

Contractor is expected to manufacture materials as follows:

C.3.1 -

- Item barcode label - LARGE - LIBRARY OF CONGRESS / 1.625" X 0.625" pre-printed

- Item barcode label - LARGE – LC CIP / 1.625" X 0.625" pre-printed

- Item barcode label - LARGE – LC ACQUISITIONS / 1.625" X 0.625" pre-printed

- Item barcode label - LARGE – LC COPYRIGHT / 1.625" X 0.625" pre-printed

QS - LCLSC11Q0084 Page 6 of 31

C.3.2 -

- Item barcode label - MINI – LIBRARY OF CONGRESS / 1.625” X 0.46” pre-printed

- Item barcode label - MINI – LC CIP / 1.625” X 0.46” pre-printed

- Item barcode label - MINI – LC ACQUISITIONS / 1.625” X 0.46” pre-printed

- Item barcode label - MINI – LC COPYRIGHT / 1.625” X 0.46” pre-printed

The IBAL labels MUST be made of 3-mil white opaque polyester with 2 mil acrylic adhesive 3M#350 with digital imaging process for printing in order to pass LC Specifications determined for long-term preservation - LC Spec:# 700-712-09 12/14/2009 except for clause 1.1- Face stock and 1.2- Adhesive. See Appendix 1 for Face stock and Adhesive specification.

Items MUST be an exact match in dimension and fonts of letters and numbers as Appendix 3.

The sequence of numbers on the barcodes will be determined by the Library of Congress.

C.3.3 - Contractor is expected to provide shipping cost

C.4 – OTHER REQUIREMENTS (As appropriate)

Mandatory: MUST met the following requirements:

C.4.1 – Appendix 2- Library of Congress LC Spec:# 700-712-09 12/14/2009 except for clause 1.1- Face stock and 1.2- Adhesive for composition using one of the options given, and meeting dimensions, degree of whiteness, and brightness retention specified in

C.4.2 - Appendix 1 - For Face stock and Adhesive specification and additional specification. The adhesive MUST be 2-mil acryl-ic Permanent pH neutral 3M#305 adhesive.

C.4.3 – Appendix 3 for Format and size of font of numbers and letters: must be identical to Appendix 3.

C.4.4 - Pre-award samples: MUST submit 10 (ten) samples of each dimensions and each pre-printed line in order to be tested by the Preservation Research and Testing Division of the Library of Congress, according to Specifications established in Appendix 1 and 2 and 3. Failure to comply any of with LC specifications will be reason to disqualification of samples and proposals.

Samples to be sent to: Beatriz Haspo

(202) 707-1131 (Office)

(202) 707-7476 (Fax)

Library of Congress Book Storage Facility

100 Meigs Road (parallel to Rock Avenue)

Fort Meade Army Base Fort Meade, MD 20755

C.5 – DELIVERABLES

C.5.1 – Item barcode label - LARGE / 1.625" X 0.625" pre-printed

First Line: LIBRARY OF CONGRESS

First Line: LC CIP

First Line: LC ACQUISITIONS

First Line: LC COPYRIGHT

C.5.2 – Item barcode label - MINI / 1.625” X 0.46” pre-printed

QS - LCLSC11Q0084 Page 7 of 31

First Line: LIBRARY OF CONGRESS

First Line: LC CIP

First Line: LC ACQUISITIONS

First Line: LC COPYRIGHT

C.5.3 – Delivery instruction

Delivery address:

Library of Congress Book Storage Facility

100 Meigs Road (parallel to Rock Avenue)

Fort Meade Army Base Fort Meade, MD 20755

Contact person: Beatriz Haspo

(202) 707-1131 (Office)

(202) 707-7476 (Fax)

Delivery schedule to be established by LOC/ CALM Division. Preference is to have the least number of deliveries as possible to min-imize costs.

C.6 – TESTING AND QUALITY ASSURANCE

Testing of pre-printed labels will be performed according to LC Spec:# 700-712-09 12/14/2009 except for clause 1.1- Face stock and 1.2- Adhesive.

Testing for Face stock and Adhesive and additional specifications will be preformed according to Appendix 2.

Testing for format of label, and font size for numbers and letters will be performed according to Appendix 3.

Failure to meet any requirements specified in C.4 will be grounds for rejection of sample and proposal.

C.7 - APPLICABLE INFORMATION (Specifications)

C.7.1 - IBAL LABELS: LABEL FORMAT SPECIFICATIONS, including specifications for Face stock and adhesive (Appendix 1)

C.7.2 - Specifications for Pressure Sensitive Adhesive Labels / For Application to Covers of Bound Books / For Use in Thermal Transfer Printers

Specification Number 700-712-09 12/14/2009 except for clause 1.1- Face stock and 1.2- Adhesive (See Appendix 2)

C.7.3 - Format and size of fonts for text and number (Appendix 3)

Packaging and Marking

D Packaging and marking

D.1 Payment of Postage Fees. All postage and fees related to submission of information, including forms, and reports, etc., to the Contracting Officer or Contracting Officer’s Technical Representative (COTR) or other persons designated to receive, shall be paid by

QS - LCLSC11Q0084 Page 8 of 31 the Contractor.

D.2 Markings. All information submitted to the CO or the COTR or other Library personnel designated to receive deliverables shall clearly indicate the following information:

a. Agency/Requiring LOC Service Unit

b. Description of information/data being submitted

c. Contract Number

d. Contractor Name and Address

Inspection and Acceptance

E Inspection and acceptance

E.1 Contractor Responsibility The Contractor is responsible for the day-to-day inspection and monitoring of the Contractor work performed to ensure compliance with contract requirements. The results of all contractor quality control inspections conducted shall be documented on inspection re-ports and provided to the COTR, as requested. All work performed under this contract shall be of the highest quality and in keeping with the best practices of the industry. Services rendered under this contract shall be of sufficient quality to ensure timely delivery of supplies/provision of services, and optimum satisfaction of the Library of Congress and adequate protection of Government's assets.

Deliveries or Performance

PERIOD OF PERFORMANCE

ITEM START END

1 09/01/2011 09/30/2011

PERIOD OF PERFORMANCE

ITEM START END

2 10/01/2011 09/30/2012

PERIOD OF PERFORMANCE

ITEM START END

3 10/01/2012 09/30/2013

PERIOD OF PERFORMANCE

ITEM START END

4 10/01/2013 09/30/2014

PERIOD OF PERFORMANCE

ITEM START END

5 10/01/2014 09/30/2015

PERIOD OF PERFORMANCE

ITEM START END

6 10/01/2015 08/31/2016

QS - LCLSC11Q0084 Page 9 of 31

1 Deliveries or Performance

PART I – THE SCHEDULE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The period of performance for this contract shall be 90 days from the date of award.

- Base Period: September 1, 2011 to September 30, 2011

- Option Period 1: October 2011 to September 2012

- Option Period 2: October 2012 to September 2013

- Option Period 3: October 2013 to September 2014

- Option Period 4: October 2014 to September 2015

- Option Period 5: October 2015 to 31 August 2016

Contract Administration Data Accounting Data

G.1 Contract Administrative Data

G.1 Contract Administration

(a) This contract will be administered by:

April N. Martin

Contract Specialist

The Library of Congress

Office of Contracts and Grants Management

101 Independence Ave. SE

Washington, DC 20540-9411

Phone: (202) 707-0456; Fax: (202) 707-8611; Email: amartin@loc.gov

Shawn Vance

Contracting Officer

The Library of Congress

Office of Contracts and Grants Management

101 Independence Ave. SE

Washington, DC 20540-9411

Phone: (202) 707-8604; Fax: (202) 707-8611; Email: svance@loc.gov

(b) Contracting Officer Technical Representative (COTR)

The designated COTR for this contract is:

Amy Gallick

Library of Congress

101 Independence Avenue, SE.

Washington, DC 20540-9420

QS - LCLSC11Q0084 Page 10 of 31

Phone: (202) 707-1471; Email: agal@loc.gov

(c) Copies of all correspondence concerning contract shall be provided to the CO at the above address and shall make reference to the contract number.

G.2 Contracting Officer's Authority

G.2.1 Contracting Officer: 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 and no adjustment will be made in the contract price to cover any increases in charges that may result. 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.2.2 The Contractor shall submit any requests for modification of this contract to the CO with a copy of the request to the appointed

COTR.

G.2.3 Contracting problems of any nature that may arise during the life of the contract must be handled in conformance with very specific public laws and regulations, including, but not limited to, the Federal Acquisition Regulation provisions in this contract. Only the CO is authorized to formally resolve such problems. Therefore, the COTR and the Contractor shall bring unresolved contractual problems to the immediate attention of the CO Officer.

G.3 Contracting Officer's Technical Representative

G.3.1 The COTR will be responsible for the technical administration of this contract. The responsibilities of the COTR include but are not limited to:

(a) Developing the technical requirements.

(b) Evaluating Contractor submitted reports for technical sufficiency.

(c) Providing the technical direction during the performance of this contract.

Technical direction includes:

(i) Direction to the contractor to assist in accomplishing the PWS or SOW;

(ii) Comments on and approval of reports or other deliverables.

(d) Monitoring the contractor’s performance under this contract.

(e) Inspecting and accepting all deliverables.

(f) Conducting periodic reviews to ensure compliance with the contract terms and conditions.

(g) Advising the CO of any factors that may cause delay in performance of the work.

G.3.2 Technical direction must be within the scope of the contract’s Statement of Work of PWS. The COTR does not have the au-thority to issue technical direction which:

(1) Institutes additional work outside the scope of the contract;

(2) Constitutes a change;

(3) Causes an increase or decrease in the estimated cost of the contract;

(4) Alters the period of performance;

(5) Changes any of the other express terms or conditions of the contract.

G.3.3 Technical direction will be issued in writing by the COTR or confirmed by him/her in writing within five (5) calendar days after verbal issuance.

G.3.4 The COTR shall provide no supervisory or technical instructional direction to the Contractor’s personnel.

G.4 Invoices and Payment Provisions

All invoices shall be prepared in accordance with LOC 52.232-25, Prompt Payment – As Modified by the Library (Jun 2009).

G.4.1 Invoices shall be submitted via email to: accountspayable@loc.gov

G.5 Taxpayer Identification Number

The contractor shall include his or her Social Security Number (for individuals) or Employer Identification Number (for other entities) on each invoice submitted for payment under this contract. This information is required in order for the Library to comply with the re-quirement to file Internal Revenue Service Information returns pursuant to the Internal Revenue Code. (Note: This information should

QS - LCLSC11Q0084 Page 11 of 31 be entered in the address block on the invoice).

G.6 Method of Payment

Payments under this contract will be made by the Library by electronic funds transfer through the Automated Clearing House (ACH).

After award, but no later than 14 days before an invoice is submitted, the Contractor(s) shall designate a financial institution for re-ceipt of electronic funds transfer payments in accordance with the requirements of the FAR clause 52.232-28, :Electronic Funds Transfer Payment Methods” (See Section I). Contractor’s failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due.

The date of payment by electronic funds transfer shall be considered to be the date that payment is made.

G.7 Payment of Invoices

The payment due date shall be considered to be the later of the following two events: (a) the 30th day from receipt of a proper invoice, or (b) the 30th day after the acceptance of the services performed by the contractor.

Special Contract Requirements

H Special contract requirements

H.1 Interpretation of Contract Requirements No interpretation of any provisions of this contract, including applicable specifications, shall be binding on the Library unless furnished or agreed to in writing by the CO.

H.2 Contractor Commitments, Warranties, Representations.

Any written commitment by the Contractor within the scope of this contract shall be binding upon the Contractor. Failure of the Contractor to fulfill any such commitment shall be cause for the Library to render the Contractor liable under the default provisions for damages due to the Library, under the terms of this contract. For the purpose of this contract, a written commitment by the Contractor is limited to the proposal submitted by the Contractor, and to specific written amendments to its proposal. Written commitment by the Contractor are further defined as including (1) any warranty or representation made by the Contractor in a proposal as to performance, (2) any warranty or representation made by the Contractor described in (1) above, made in any literature descriptions, drawings, or specifications accompanying or re-ferred to in a proposal.

H.3 Use of Library of Congress Name or Contractual Relationship in Advertising.

The Contractor agrees not to refer to awards or contracts with the Library in commercial advertising in such a manner as to state or imply that the products or services provided are endorsed or preferred by the Library or is superior to other products or services. The Contractor also agrees not to distribute or release any information which states or implies that the Library endorses, uses, or distributes the Contractor's products or services.

H.4 News Releases No news releases pertaining to this contract will be made without agency approval, as appropriate, and then only upon written approv-al received from the Contracting Officer

H.5 Delegation of Authority for Contract Administration

The authorized SU official (Michael Martys) or his authorized representative shall act for and on behalf of the CO with re-spect to Inspection and Acceptance as follows:

(a) Evaluation of an overall basis of acceptability of workmanship and contractor compliance with tech-nical requirements; and

(b) The approval and acceptance of work performed under this contract.

This delegation does not authorize the modification of any of the contract provisions, terms or conditions. All authority not herein delegated, is reserved to the CO.

H.6 Conduct of Work

The personnel employed by the Contractor shall be capable employees qualified in this type of work. The Contractor

QS - LCLSC11Q0084 Page 12 of 31 shall be responsible for all damage to Library property by the activities of his employees resulting from these operations.

The Contracting Officer may require removal from work on this contract any employee(s) that may be deemed incompet-ent, careless, insubordinate, unsuitable, or otherwise objectionable, or whose continued employment is deemed contrary to the public interest or inconsistent with the best interest of or the security of the Library

H.7 Indemnification The Contractor shall indemnify and hold harmless the Library of Congress and its officers, agents, representatives, and employees from all claims, loss damage, actions, causes of action, expenses and/or liability resulting from or on account of any personal/injury or property damage received or sustained by any person, or property damage growing out of, occurring or attributable to any work per-formed or related to this contract, regardless of whether such claims, loss damage, actions, cause of actions expense and/or liability may be attributable to the fault, failure or negligence of the Contractor.

H.8 Security Requirements

H.8.1 Information Technology Security

H.8.1.1 Computer Security Policy. The Library requires anyone using or accessing its digital assets (including networks, servers, workstations, systems, data, web pages, and email) to protect and use them for official business, and only in ac-cordance with Library regulations and bargaining agreements. Unauthorized or inappropriate use may result in disciplinary actions.

H.8.1.2 Privacy Policy. No one has the right to privacy while using any Library computer system, including internet or email services as usage may be monitored.

H.8.1.3 Level of Access. The NLS/BPH Host Office will determine the level of access to the Library’s IT equipment, staff and software needed to successfully perform under this Agreement. Access may include email, word processing, in-ternet, and intranet.

H.8.1.4 Mandatory IT Security Training. Within the first 10 working days at the Library, all persons must take mandatory training in information systems security prior to use of or access to any of the Library’s digital assets. The required training is available on-line at http://www.loc.gov/staff/cld/, or from outside the Library, at http://olc.loc.gov

H.8.2 Collections Security

H.8.2.1 Policy. The Library is a public institution responsible for making its resources (collections and staff) available to the Con-gress and the American people. To achieve a balance between access and security, the Library requires everyone (staff, visitors, in-terns, contractors, etc.), to always use due diligence and protect its assets during use.

H.8.2.2 Access to the Collections. Physical access to Library collections is limited to staff and/or determined by the host LS office.

In addition, established requesting processes in the various readings rooms must be followed.

H.8.2.3 Loan Privileges. Borrowing materials d for personal use from the Library’s collections is limited to regular Library staff, in-cluding full- and part-time staff in permanent, conditional, indefinite, or temporary status. Loans for internal use, Library work-re-lated purposes, are allowed for both employees and non-employees.

H.8.3 Physical Security.

H.8.3.1 Policy. Access to Library buildings and grounds is governed by the provisions of Library of Congress Regulations, Series 1800. Employees and non-employees must comply with these and any other requirements and restrictions which the Library, or a sub-element of it may impose.

QS - LCLSC11Q0084 Page 13 of 31

H.8.3.2 Loan of Library Property. All loans of Library property must be approved and documented by the host Library Services of-fice. A library “General Pass” (Form LW 12/54 (rev2/88)) for property must be completed for each loan.

H.8.3.3 Liability – Loss or Damage of library Property. Use or loan of all Library property and signature on this contract means that the user acknowledges and agrees to: (a) return all U.S. Government items and property issued in the same condition as borrowed ; (b) accept responsibility and liability for the negligent loss or damage of issued or borrowed Library property; and (c) use the loaned property for Library purposes and not loan such property to any other person.

H.9 Intellectual Property Rights Check the appropriate block

H.9.1______The personal services contractor is a Library employee. In signing this contract, the Contractor may not claim copyright in any product first prepared under this contract. In signing this contract, the Contractor understands that the Library and its clients can use, reproduce, and distribute any works produced, and understands that the Contractor may not be credited for its contribution, and that the Library is under no obligation to give such credit.

H.9.2__X__The nonpersonal services Contractor is not a Library employee. In signing this contract, the Contractor agrees to negoti-ate terms that are favorable to the Library regarding the use, reproduction, and distribution of any works produced under the nonper-sonal services contract.

Contract Clauses

3 Contract Clauses

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 LOC 52.212-4 Contract Terms and Conditions—Commercial Items (Mar 2009) - As Modified by the Library of Congress (Jun 2009)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this con-tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov-ernment may require repair or replacement of nonconforming supplies, or reperformance of nonconforming services, and latent de-fects at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Govern-ment may seek an equitable price reduction or adequate price consideration for acceptance of nonconforming supplies or services.

The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to LOC 52.233-1, Disputes (Jul 2002) -As Modified by the Library of Congress (Feb 2008).

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(e) Definitions. The clause at FAR 52.202-1, Definitions (Jul 2004), is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reason-able control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an invoice via email to: fsdacc@loc.gov. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading. A freight bill shall be submitted for any shipping charges in excess of $400.

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this con-tract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with LOC 52.232-25 Prompt Payment (Oct 2008) -As Modified by the Library of Congress (Jun 2009).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, includ-ing costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with LOC 52.232-25 Prompt Payment (Oct 2008) - As Modified by the Library of Congress (Jun 2009).

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(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall:

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. Interest penalties will be handled in accordance with the interest penalty provisions in LOC 52.232-25, Prompt Payment (Oct 2008) – As Modified by the Library of Congress (Jun 2009)

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immedi-ately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reason-able charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have res-ulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost prin-ciples for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon ac-ceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particu-lar purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

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(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limita-tions on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit;

40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009, re-lating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following or-der:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at LOC 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449 or Optional Form 347.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR)

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Govern-ment’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Of-ficer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR in-formation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect inform-ation within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at ht-tp://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

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(End of Clause)

I.2 LOC 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders --Commercial Items (May 2009) - As Modified by the Library of Congress (Jun 2009).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con-tract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g).

_ Alternate 1 (Aug 2007) of 52.222.50 (22 U.S.C. 7104(g). (Use the basic clause with its Alternate 1when the contract will be performed outside the United States (as defined at FAR 25.003) and the contracting officer has been notified of specific directives or notices regarding combating trafficking in persons (such as general orders or military listing of “off limits” local establishments) that apply to contractor employees at the contract place of performance.)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incor-porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate 1 (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub L.

111-5).

___ (3) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

___ (4) LOC 52.222-3, Convict Labor (Jun 2003) (E.O. 11755) – As Modified by the Library of Congress (Jun 2009).

_X_ (5) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

___ (6) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (7) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

___ (8) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_X_ (9) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

___ (10) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

___ (11) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

___ (12) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (May 2008)(42 U.S.C.

6962(c)(3)(A)(ii)).

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

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___ (13) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

_X_ (14) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

_X_ (15) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Feb 2009) (41 U.S.C. 10a-10d, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (17) 52.225-5, Trade Agreements (Mar 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (18) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Of-fice of Foreign Assets Control of the Department of the Treasury).

___ (19) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (20) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (21) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C.