RFQ-LCLSC11Q0136.pdf

REQUEST FOR QUOTATION

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

1. REQUEST NO.

LCLSC11Q0136

2. DATE ISSUED

09/19/2011

3. REQUISITION/PURCHASE REQUEST NO.

RQ LSC20110129

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 LaTalya Palmer-Lewis

TELEPHONE NUMBER

AREA CODE

NUMBER

707-3117 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)

09/23/2011

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 Microfilm Reader Printer Maintenance 1.000000 YR

Delivery Date: "/>

Description: Please provide pricing for maintenance on (45) microfilm reader printers/scanners produced by various manufacturers per the Statement of Work.

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 - LCLSC11Q0136 Page 1 of 23

Table of Contents

Section Description Page Number

CS Continuation Sheet 1 Section B 2 Statement of Work 3 Inspection and Acceptance 4 Period of Performance 5 Contract Administration Data 6 Special Contract Requirements 7 PO Terms and Conditions 8 Evaluation Factors for Award

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Summary Info Continuation Page Continuation Sheet Additional Information Description: Microfilm Reader Printer Maintenance

Contact LaTalya Palmer-Lewis on 202-707-3117 with questions.

IDC Constraints Line Item

Line Number Minimum Quantity Minimum Amount Maximum Quantity Maximum Amount

1 Section B.

SECTION B: Provide pricing for List of Equipment to be Maintained and Repaired

African and Middle Eastern Reading Room

CLIN 0001:

Konica Minolta Microfilm Machine, serial no. 34014858 with Powered Film Carrier UC- 6E, serial

no. 03065545 and Minolta Printer MSP 3000, serial no. 31187330.

CLIN 0002:

Konica Minolta Microfilm Machine, serial no. 34014848 with Powered Film Carrier UC-6E, serial no.

03065542 and Minolta Printer MSP 3000, serial no. 31188347.

CLIN 0003:

Konica Minolta Microfilm Machine, serial no. 34014666 with Powered Film Carrier UC

6E, serial no. 03065538, and printer shared with one of above.

Asian Division Reading Room

CLIN 0004:

Minolta Micro SP 3000, serial #32002586, LC #069619, Minolta Printer Model # MSP 3000, serial #31175870

CLIN 0005:

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Minolta Micro SP 2000, serial #32002555, LC #069618

CLIN 0006:

Minolta Micro RP 606Z, serial #364277, LC #049720 with Motorized Carrier UC-1, serial #610349.

CLIN 0007:

Canon Microfilm Scanner 400, serial #M31019, LC #069269 with Minolta Fileprint 400 printer (no serial or LC number can be found).

Geography and Map Division Reading Room

CLIN 0008:

Canon Microfilm Scanner 800, serial # BY301521.

CLIN 0009:

Canon Microfilm Scanner 800 serial # BY301716.

Hispanic Division Reading Room

CLIN 0010:

Minolta MS Microfilm Scanner, serial no. 33010423.

CLIN 0011:

Minolta Printer MSP3000, serial no. 31183689.

Manuscripts Division Reading Room

CLIN 0012:

Minolta RP606Z with Screen Scan attachment and Hewlett Packard 6p printer, LC Bar Code 34910;

model roll film carrier serial no. 2681 .

CLIN 0013:

Minolta RP606Z with Screen Scan attachment and Hewlett Packard 6p printer, LC Bar Code 34912;

model roll film carrier serial no. 2694.

QS - LCLSC11Q0136 Page 4 of 23

CLIN 0014:

Minolta RP606Z with Screen Scan attachment and Hewlett Packard 6p printer, LC Bar Code 34913;

Carrier MS 400/500 serial no. 0500747.

CLIN 0015:

Canon Microfilm Scanner 400, LC Bar Code 069288, serial no. 305966, with carrier c21 serial no.

c210101, and Canon Fileprint 400 printer.

CLIN 0016:

Canon Microfilm Scanner 400, LC Bar Code 069287, serial no. 305979, with carrier c21, serial no.

c210104, and Canon Fileprint 400 printer.

CLIN 0017:

Canon Microfilm Scanner 400, LC Bar Code 069286, serial no. 305982, with carrier m21 serial no.

m210102, and Canon Fileprint 400 printer.

CLIN 0018:

Canon Microfilm Scanner 400, LC Bar Code 069285, serial no. 305977, with carrier c21 serial no.

c210103, and Canon Fileprint 400 printer.

CLIN 0019:

Minolta RP 606Z, LC Bar Code 44989, serial no. 364153, with carrier UC-5M serial no. 7477.

CLIN 0020:

Minolta RP 606Z, LC Bar Code 44990, serial no. 364169, with carrier UC-5M serial no. 1157.

CLIN 0021:

Minolta RP 606Z, LC Bar Code 34909, serial no. 361765, carrier UC-63, serial no.0803396.

CLIN 0022:

Minolta RP 606Z, LC Bar Code 46837, serial no. 364198, with carrier U2-2 serial no. 625633.

QS - LCLSC11Q0136 Page 5 of 23

CLIN 0023:

Library Researcher Gideon 900, serial no. Octco339.

CLIN 0024:

Library Researcher Gideon 900, serial no. Octco340.

CLIN 0025:

ST200X Film Scanner, serial no. 300433.

CLIN 0026:

ST200SX Film Scanner, serial no. 300429.

Microform and Machine Readable Reading Room

CLIN 0027:

Canon Microfilm Scanner 300II, Canon M31026, serial no. EA 300252 with printer Canon Fileprint 470, Canon M34007, serial no. DU300239 and Model Motorized Carrier UC-6E, serial no. 090710147.

CLIN 0028:

Canon Microfilm Scanner 300II, serial no. EA300255 with Canon Fileprint 470

Canon M34007, serial no. DU300252 and Motorized Carrier U6-6E, serial no. 090710146.

CLIN 0029:

Canon Microfilm Scanner 400, Model # - M31019, serial no. AB304908, with Canon Fileprint 400 Model # - L10510A and Reel Carrier Motorized Sq Carrier 400/500, serial no. 0500715.

CLIN 0030:

Minolta Micro SP 3000, serial no. 322733, with Minolta Printer Model # - MSP 3000, serial no. 31183917 and Motorized Carrier UC-6E, serial no. 08034392.

CLIN 0031:

Minolta MS 6000, serial no. 33010536 with Minolta Printer Model # MSP 3000, serial no. 31179810 and Motorized Carrier UC-6E, serial no. 08034406

QS - LCLSC11Q0136 Page 6 of 23

CLIN 0032:

Minolta MS 6000, serial no. 33010526 with Minolta Printer Model # - MSP3000, serial no. 31183918 and Motorized Reel Carrier UC-6E, serial no. 08034394.

CLIN 0033:

S-T Imaging S-T 200X AM Motorized Digital Film Viewer with MOCA Microfiche, serial no.

300063.

CLIN 0034:

S-T Imaging S-T 200X AM Motorized Digital Film Viewer with MOCA Microfiche, serial no. 300272.

CLIN 0035:

S-T Imaging S-T 200X AM Motorized Digital Film Viewer with MOCA Microfiche, serial no.

300275.

CLIN 0036:

S-T Imaging S-T 200X AM Motorized Digital Film Viewer with MOCA Microfiche, serial no.

300445.

Science and Technology Division Reading Room/ Technical Reports and Standards

CLIN 0037:

Book2net kiosk, serial no. 1930074.

CLIN 0038:

S-T Imagine, Inc., ST200X Film Scanner, serial no. 300531, carrier serial no. 120950616.

CLIN 0039:

Canon Microfilm Scanner 400, serial no. AB307709, barcode 069749, motorized carrier UC 6Ec, serial no. 02023576, with Canon Fileprint 400 printer.

CLIN 0040:

S-T Imagine, Inc., ST200X Film Scanner, serial no. 300459, carrier serial no: 070950574.

QS - LCLSC11Q0136 Page 7 of 23

CLIN 0041:

Minolta RP606Z Microfilm Reader, serial no. 362421, barcode 035681.

CLIN 0042:

Konica Minolta MS6000 Microform Reader, serial no. 34015109, carrier serial no. 080610029.

CLIN 0043:

Canon Microfilm Scanner 300, serial no.CS302311, with Canon Fileprint 400 printer.

CLIN 0044:

Canon Microfilm Scanner 400, serial no. AB304731, with Canon FilePrint 450 printer.

CLIN 0045:

Minolta RP606Z Microfilm Reader. Carrier serial no.613741, barcode 07897. (Found no machine serial no.)

GRAND TOTAL: $____________________

DELIVERABLES

Weekly Report.

The Contractor shall prepare a report of maintenance and/or preventive maintenance work done to all equip-ment and parts replaced. The report will include a list price for all replacement parts. The technician will sign a work register for all on-site time.

Maintenance Log

The contractor shall maintain a log for each machine to include a date and detailed listing of all preventive maintenance and repairs done to that machine, along with all parts replaced.

Billing/Invoices

Contractor shall charge a flat annual rate for maintenance of the 45 Microfilm Reader Scanners (Attachment A), which includes all parts and labor. Contractor shall invoice monthly, representing (12) in-crements of the flat annual rate.

Modifications to Equipment Lists

QS - LCLSC11Q0136 Page 8 of 23

The Library may revise the list of equipment at the beginning of each option year and renegotiate the cost.

The Library reserves the right to substitute machines in the reading room at no change in cost provided that sim-ilar models are provided.

Descriptions & Specifications IDC Constraints Document

2 Statement of Work

The Library of Congress Office of Contracts and Grants Management

Library of Congress

Maintenance Agreement for Microfilm Reader Printers and Digital Scanners in the Reading Rooms of the Collections and Services Directorate

Statement of Work/Specification

SECTION C

C.1. BACKGROUND

The Library of Congress currently has forty-five (45) microfilm reader printers/scanners produced by various manufacturers in seven (7) reading rooms in the three (3) buildings that make up the Library of Congress on Capitol Hill. These reading rooms are under the overall direction of the Collections and Services Directorate, Library Services.

These reading rooms are:

African and Middle Eastern Division Reading Room, Jefferson Building, LJ220

Asian Division Reading Room, Jefferson Building, LJ149

Geography and Map Division Reading Room, Madison Building LM B02

Hispanic Division Reading Room, Jefferson Building, LJ240

Humanities and Social Sciences Division, Microform and Machine Readable Reading Room, Jefferson Build-ing, LJ139B

Manuscripts Division Reading Room, Madison Building, LM101

Science Technology and Business Reading Room and Technical Reports and Standards, Adams Building, LA500 and LA419

The specific equipment in each reading room is enumerated in Attachment A: List of Equipment to be Main-tained and Repaired. All of the reader printers allow readers to view enlarged images of microfilm frames and to copy to paper those images appearing on the screens. Newer generation reader/printer/scanners, such as the Canon MS 300s have the software embedded within them to make it possible (with the addition of a computer) to burn microfilm images to a CD, download images onto a laptop, a flash drive or send to email and the ST di-

QS - LCLSC11Q0136 Page 9 of 23 gital scanners allow for microform images to be downloaded to a flash drive. Machines adequately maintained improve public service and help prevent costly repairs and early retirement of equipment. Maintenance of this equipment will link directly to Library Services strategic goal to provide the most effective methods of connect-ing users to our collections.

C.2. SCOPE

The object of the contract is to repair and to conduct preventive maintenance, to include parts, except for con-sumable supplies such as print cartridges and copy paper (see Attachment B: List of Consumables for Microfilm Reader Printers) for all the equipment listed in Attachment A, referenced above. There are no consumables for the scanning equipment and the contractor is expected to supply all parts that fail though normal usage. It is ex-pected that, at least, 90 percent will operate properly, make acceptable photocopies, and scan images from mi-crofilm at all hours when the reading rooms are open to the public.

Reading Rooms are open:

African and Middle Eastern Division Reading Room, 8:30a-5p Monday - Friday

Asian Division Reading Room, 8:30a-5p Monday - Saturday

Geography and Map Division Reading Room, 8:30a-5p Monday-Friday

Hispanic Division Reading Room, 8:30a-5p Monday - Friday

Humanities and Social Sciences Division, Microform and Machine Readable Reading Room, 8:30a - 9:30p., Monday, Wednesday, Thursday; 8:30a- 5p, Tuesday, Friday, Saturday

Manuscripts Division Reading Room, 8:30a.- 5p, Monday - Saturday

Science Technology and Business Reading Room, 8:30a - 9:30p, Monday, Wednesday, Thursday; 8:30a- 5p, Tuesday, Friday, Saturday and Technical Reports and Standards, 8:30a-5p Monday - Friday

The current generation of microfilm reader printers and digital scanners are highly complex and to run properly require preventive maintenance by a trained, certified and experienced technician. It is expected that the con-tractor will perform preventive maintenance as often as required by the condition of the machine, but no less than every four (4) weeks for each machine. This work will link directly to Library Services strategic goal to provide the most effective methods of connecting users to our collections.

C.3. CONTRACTOR REQUIREMENTS

The annual repair and preventive maintenance agreement will include all parts except for consumable supplies (see Attachment B referenced above). The contractor shall have a trained, certified and experienced technician on site all day on Tuesday and on Thursday of each week during the hours of 8:30 a.m.-4:30 p.m. for equipment repair and preventive maintenance. If at any time during hours of public serviceCother than the scheduled Tuesdays and Thursdays when a technician will be on siteCfour (4) or more machines are inoperable, the con-tractor will dispatch a trained technician within 24 hours. Contract technicians must have access to a laptop containing Canon Diagnostic Software and the expertise to ensure optimum adjustment of digital scanners. The contractor will be responsible for ordering and replacing all parts except for consumables as cited above. The technician on site will regularly clean both external and internal mirrors and lenses to insure the optimum pro-duction of photocopies. In addition, the technician will check all moving parts, belts, motors, and gears, repla-cing or repairing all equipment which is defective or worn out; before a stripped gear, for example, results in a costlier replacement of an electrical motor. Through a system of preventive maintenance and timely repair, con-tractor will guarantee that library patrons can be reasonably assured of obtaining a readable paper copy or digit-al scan from microfilm images without having to waste money making numerous unreadable copies or jumping from machine to machine. The contractor will perform preventive maintenance as required by the condition of

QS - LCLSC11Q0136 Page 10 of 23 the machine, but no less than every four (4) weeks for each machine.

Packaging and Marking

Inspection and Acceptance

3 Inspection and Acceptance

E.1 Inspection and Acceptance

Inspection and acceptance under this contract will be in accordance with paragraph (a) Inspection and Accept-ance of LOC 52.212-4 Contract Terms and Conditions – Commercial Items (Mar 2009) - As Modified by the Library of Congress (Jun 2009).

Deliveries or Performance

4 Period of Performance

F.1 Period of Performance The Period of Performance of this contract is for one (1) year from date of award.

Weekly reports are due on Mondays. The first of these is expected no later than 15 days after award

F.2 DELIVERABLES

Weekly Report.

The Contractor shall prepare a report of maintenance and/or preventive maintenance work done to all equip-ment and parts replaced. The report will include a list price for all replacement parts. The technician will sign a work register for all on-site time.

Maintenance Log

The contractor shall maintain a log for each machine to include a date and detailed listing of all preventive maintenance and repairs done to that machine, along with all parts replaced.

QS - LCLSC11Q0136 Page 11 of 23

Billing/Invoices

Contractor shall charge a flat annual rate for maintenance of the 45 Microfilm Reader Scanners (Attachment A), which includes all parts and labor. Contractor shall invoice monthly, representing (12) in-crements of the flat annual rate.

Modifications to Equipment Lists

Machines newly acquired for the Library of Congress may come off warranty during the period of the contract.

The Library may revise the list of equipment at the beginning of each option year and renegotiate the cost.

The Library reserves the right to substitute machines in the reading room at no change in cost provided that sim-ilar models are provided.

Contract Administration Data Accounting Data

5 Contract Administration Data

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Contract Administration

(a) This contract will be administered by:

Arneen Dozier

Contracting Officer

The Library of Congress

Office of Contracts and Grants Management.

101 Independence Ave. SE

Washington, DC 20540-9411.

Phone: (202) 707-0406; Email: adoz@loc.gov

(b) Contracting Officer Technical Representative (COTR)

The designated COTR for this contract is:

Will Be Provided Upon Award

Library of Congress

101 Independence Avenue, SE.

Washington, DC 20540-9420

Phone: 202-707-______; Fax: (202) 707-_____; Email: _______@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 per-

QS - LCLSC11Q0136 Page 12 of 23 son 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 con-formance 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. There-fore, 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 him/her in accomplishing the PWS or SOW;

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

(d) Monitoring the Contractor's performance under the 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 or PWS. The COTR does not have the authority to issue technical direction which:

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

(b) Constitutes a change;

(c) Causes an increase or decrease in the estimated cost of the contract.

(d) Alters the period of performance.

(e) 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 Invoice and Payment Provisions All invoices shall be prepared in accordance with LOC 52.232-25, Prompt Payment – As Modified by the Lib-rary (Nov 2007).

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 re-quired in order for the Library to comply with the requirement to file Internal Revenue Service Information re-

QS - LCLSC11Q0136 Page 13 of 23 turns pursuant to the Internal Revenue Code. (Note: This information should 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 Contract-or(s) shall designate a financial institution for receipt 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 in-formation 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 that later of the following two events: (a) the 30th day from re-ceipt of a proper invoice, or (b) the 30th day after the acceptance of the services performed by the contractor.

End of Section G

Special Contract Requirements

6 Special Contract Requirements

OTHER REQUIREMENTS

Contractor staff shall be issued an individual identification pass keyed for access to the work areas. Contract staff are subject to Library of Congress personnel security requirements.

TESTING AND QUALITY ASSURANCE

The contractor must ensure that 90 percent of the equipment in the seven (7) Reading Rooms listed above of the Collections and Services Directorate is operating properly during all hours of public service as described in Section C.2 Scope.

List of Consumables for Microfilm Reader Printers

Consumables are items which are used up, known to wear out, or fail in a limited time period due to use. The Library will be responsible for supplying those items. Under the terms of this contract the Library will be re-sponsible for supplying:

Paper

Toner cartridges

Lamps

Paper trays

Lens holders

QS - LCLSC11Q0136 Page 14 of 23

Lenses*

The contractor will be responsible for replacing all other parts of the equipment.

*The Library will be responsible for replacing lenses broken through misuse. Misuse is defined as an attempt by a user to operate equipment outside of the scope for which it was designed.

Contract Clauses

7 PO Terms and Conditions

LIBRARY OF CONGRESS

PURCHASE ORDER TERMS AND CONDITIONS

FOR COMMERCIAL ITEMS

I.1 52.252-2 Clauses Incorporated by Reference (Feb 1998). This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Full text of the referenced clauses is available at http://farsite.hill.af.mil.

52.212-1 Instruction to Offerors-Com-mercial Items (Jun 2008)

52.227-14 Rights in Data - General (Feb 2007)

52.222-19 Child Labor – Cooperation with Authorities and Remedies (Feb 2008)

52.227-19 Commercial Computer Software License (Dec 2007)

52.222.-50 Combating Trafficking in Persons (Feb 2009)

52.232-33 Payment by Electronic Funds Transfer –Central Contractor Re-gistration (Oct 2003)

52.222-21 Prohibition of Segregated Facilit-ies (Feb 1999)

52.233-3 Protest After Award (Aug 1996)

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

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.222-36 Affirmative Action for Workers with Disabilities (June 1998)

52.246-1 Contractor Inspection Require-ment (Apr 1984)

52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)

I.2 Additional Library of Congress Clauses. The Contractor shall comply with the following clauses, unless the circumstances do not apply:

LOC 52.209-7 Security Requirements for On-Site Contractor Personnel (Jun 2009).

(a) Personnel provided under this contract shall not be under pending charges and shall have not been convicted of any felony within the last 10 years, or any misdemeanor within the last 5 years (excepting minor motor vehicle infractions for which the individual paid a fine or posted collateral in the amount of $300 or less), which would indicate violent or disruptive conduct, dishonest conduct, untrustworthiness or unreliability which could reasonably affect performance on the contract or pose a security concern with respect to access to Library buildings or grounds, property or collec-tions. Note that the term "convicted" would include a disposition of "probation" or "probation before judgment."

(b) Should any person employed by the contractor to perform work under this contract be convicted of any of the aforesaid offenses, the contractor agrees to remove the individual from the contract performance and return all Library building and stack passes issued to the individual. The contract-or also agrees to remove any individual under pending charges for any felony or misdemeanor with the exceptions noted above until such time as the final disposition is known.

(c) Upon request of the Library, the contractor will identify personnel to be assigned to work under the contract and submit a FD-258 (contractor fin-gerprint chart) and any other necessary administrative forms provided by the Library so that a background check may be conducted. The parties agree that the Library has final authority to determine the suitability of contractor personnel who perform work under this contract. Nevertheless, the fact that the Library may conduct background checks on assigned contractor personnel does not relieve the contractor of the responsibility to provide qualified, reliable personnel of sound character and conduct.

QS - LCLSC11Q0136 Page 15 of 23

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 contract. The Gov-ernment reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies, or reperformance of nonconforming services, and latent defects at no increase in contract price. If repair/ replacement or reperformance will not correct the defects or is not possible, the Government 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).

(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 reasonable 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 contrac-tual 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 Contract-ing Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an invoice via email to: accountspayable@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 contract.

(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 submit-ted 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 Registra-tion), or applicable agency procedures.

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

QS - LCLSC11Q0136 Page 16 of 23

(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, including costs, for ac-tual 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).

(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 pay-ment 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 over-paid 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 con-venience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately 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 re-flecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satis-faction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to com-ply with the cost accounting standards or contract cost principles 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 assur-ances 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.

QS - LCLSC11Q0136 Page 17 of 23

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, re-gardless 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 particular purpose de-scribed 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 consequen-tial damages resulting from any defect or deficiencies in accepted items.

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations 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 protec-tions; Section 1553 of the American Recovery and Reinvestment Act of 2009, relating 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 order:

(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 Government’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. Up-dating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual docu-ment.

(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 notific-ation 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 Officer. 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 para-graph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information 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 as-signee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR data-base. 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 http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

LOC 52.217-8 Option to Extend Services (Nov 1999) –As Modified by the Library of Congress (Jun 2009)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than

QS - LCLSC11Q0136 Page 18 of 23 once, but the total extension of performance hereunder shall not exceed six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of expiration of this contract.

LOC 52.222-3 Convict Labor (Jun 2003) – As Modified by the Library of Congress (Jun 2009)

The Contractor agrees not to employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands.

LOC 52.232-25 Prompt Payment (Oct 2008) – As Modified by the Library of Congress

(Jun 2009)

Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT). Defini-tions of pertinent terms are set forth in sections 2.101, 32.001 and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified.

(a) Invoice payments--

(1) Due date.

(i) The due date for making invoice payments by the designated payment office is the later of the following two events:

(A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a)(1)(ii) of this clause).

(B) The 30th day after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement.

(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor’s invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract re-quirements.

(2) Reserved.

(3) Contractor’s invoice. The Contractor shall prepare and submit invoices to: accountspayable@loc.gov . A proper invoice must include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt with the reasons why it is not a proper invoice.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item num-ber).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of as-signment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(ix) 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 submit-ted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Trans-fer Information with Offer), 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.

QS - LCLSC11Q0136 Page 19 of 23

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

(x) Any other information or documentation required by the contract (e.g. evidence of shipment.)

(b) Contract financing payments. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause.

(c) Fast payment procedure due dates. If this contract contains the clause at

52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice.

(d) 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:

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

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

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

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

(iv) Contractor point of contact.

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

(e) Interest Penalty.

(1) In general, the Library will not pay interest, and contracts and purchase orders will not provide for an interest penalty. The Contracting Officer, in consultation with the appropriate service unit, shall determine if it is in the best interest of the Library to include an interest penalty clause in a specific contract. The service unit and Office of Contracts shall advise Financial Services when a specific contract or class of con-tracts contains an interest penalty clause.

(2) An interest penalty shall be paid when all of the following conditions are met:

a. There is a contract or purchase order with a business concern under which the terms of the contract call for an in-terest penalty for past due payments.

b. The Library has accepted the property or service and there is no disagreement over quantity, quality, or other contract provisions.

c. A proper invoice (see LCR 1530, Section 9.D.(2)) has been received (except where no invoice is required, for example, some periodic lease payments) or notice was not given that the invoice was not proper within 7 days of receipt of the invoice.

d. Payment is made to the business concern after the due date and/or a discount is taken after the discount period has expired and the underpayment is not corrected before the payment due date.

LOC 52.233-1 Disputes (Jul 2002) - As Modified by the Library of Congress (Feb 2008)

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

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

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

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