LCLSC13Q0036.pdf

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Technicolor Film Duplication Federal contract opportunity
Solicitation number
LCLSC13Q0036
Issued by
Library of Congress

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REQUEST FOR QUOTATION

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

1. REQUEST NO.

LCLSC13Q0036

2. DATE ISSUED

07/31/2013

3. REQUISITION/PURCHASE REQUEST NO.

LSC20130073

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 318 Washington, DC 20540-9414

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

7. DELIVERY

OTHER

(See Schedule)X FOB DESTINATION

9. DESTINATION

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

a. NAME OF CONSIGNEE Library of Congress

NAME

Jaime Somers

TELEPHONE NUMBER

AREA CODE

NUMBER

707-0831 Ext.:

8. TO:

MBRS-NAVCC

19053 Mt Pony Rd

b. STREET ADDRESS

c. CITY Culpeper

a. NAME b. COMPANY

c. STREET ADDRESS

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

VA

e. ZIP CODE 22701

10. PLEASE FURNISH QUOTATIONS TO THE

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

08/06/2013 12:00:00

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)

See 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

Form generated by: NGPD STANDARD FORM 18 (REV. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Document Type: QS Document Number: LCLSC13Q0036 Page 1 of 15

Table of Contents

Section Description Page Number

CS Continuation Sheet B Supplies or Services and Prices C Statement of Work D Packaging and Marking E Inspection and Acceptance F Deliveries or Performance G Contact Information H Special Contract Requirements I Terms & Conditions K Representations, Certifications and Other Statements of Offerors L Instructions, Conditions and Notices to Bidders M Evaluation Factors For Award

Document Type: QS Document Number: LCLSC13Q0036 Page 2 of 15

Section B - Continuation Sheet

Item No. Supplies or Services Quantity Unit Unit Price Amount

1 Purchase of 35mm print and pre-print color film materials

1.000000 LOT

Period of Performance: 08/15/2013 - 08/14/2014

Description: reproduced from nitrate Technicolor film prints held by the Library. Provide the Library with 35mm show prints and duplicate negatives preserved from 35mm nitrate film elements provided to vendor from the Library. Nitrate elements to be returned in their original condition to the Library.

Reference Line: RQ - LSC20130073 - 1

B Supplies or Services and Prices

B.1 Services

This award is for a firm fixed unit price order to fulfill the requirements described in Section C.

Section C - Continuation Sheet

C Statement of Work

C.1. Background

The Moving Image Section of the Motion Picture, Broadcasting and Recorded Sound Division at the Library of Congress Packard Campus is looking to purchase laboratory services. This is to provide for the preservation of unique 35mm nitrate film elements that cannot be duplicated at the Library’s photochemical lab in Culpeper due to incompatibility with the Library’s available equipment.

C.2 Scope of Work

Purchase of 35mm print and pre-print color film materials reproduced from nitrate Technicolor film prints held by the Library.

C.3 Requirements

The product should be delivered to the Packard Campus. Vendor must be able to duplicate film to accepted archival film standards in terms of both visual and audio quality.

C.4 Quality Assurance

The COR will inspect product to ensure items meet standard archival specifications for the reproduction of film, that items are what we ordered as specified in the estimate and work order and are not damaged. If contractor does not meet requirement, or if items are damaged, items will be returned for refund or exchange for correct/non-damaged product. Return shipping if product is damaged or incorrect will be at vendor’s cost, as well as return shipping to the Packard Campus for any corrected items. Definition of success with regard to contractor and their product/service would be delivery of correct, non-damaged items and return of Library’s material.

Section D - Continuation Sheet

Document Type: QS Document Number: LCLSC13Q0036 Page 3 of 15

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 Representative (COR) or other persons designated to receive, shall be paid by the Con-tractor.

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

a. Agency/Requiring LOC Service Unit and MAIL STOP/Room Number

b. Description of information/data being submitted

c. Contract Number

d. Contractor Name and Address.

Section E - Continuation Sheet

E Inspection and Acceptance

E.1. Inspection and Acceptance.

Inspection and acceptance under this contract will be in accordance with paragraph (a) Inspection and Acceptance of FAR 52.212-4 - Contract Terms and Conditions - Commercial Items (Jun 2013).

Section F - Continuation Sheet

PERIOD OF PERFORMANCE

ITEM START END

1 08/15/2013 08/14/2014

F Deliveries or Performance

F.1 Deliverables

Vendor will provide the Library with 35mm show prints and duplicate negatives preserved from 35mm nitrate film elements provided to vendor from the Library. Nitrate elements to be returned in their original condition to the Library. Product will be delivered to:

Library of Congress Packard Campus 19053 Mt Pony Rd Culpeper, VA, 22701

F.2 Period of Performance

Delivery will be on or before August 14, 2014.

Section G - Continuation Sheet

G Contact Information

G.1. Contract Administration:

Document Type: QS Document Number: LCLSC13Q0036 Page 4 of 15

(a) This contract will be administered by:

Vidya Vish, Contracting Officer The Library of Congress Office of Contracts & Grants Mgmt, 101 Independence Ave., S.E.

Washington D.C. 20540-9414 Phone: (202) 707-9394; Email: vvis@loc.gov Fax: (202) 707-8611

(b) Contract Specialist

Jaime Somers, Contract Specialist The Library of Congress Office of Contracts & Grants Mgmt, 101 Independence Ave., S.E.

Washington D.C. 20540-9414 Phone: (202) 707-0831; Email: jaso@loc.gov Fax: (202) 707-8611

(c) Contracting Officer Representative (COR) *to be filled in at the time of award*

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

G.2. Technical Direction. A Contracting Officer's Representative (COR) may be designated to represent the Contracting Officer for the purpose of coordinating with the Vendor in administering the technical aspects of performance. The COR may issue written or oral instructions to fill in details in the scope of work set forth in the contract via the Contracting Officer. The COR is not authorized, however, to make any changes that affect the contract amounts, terms and conditions. The LC Contracting Officer is the only party au-thorized to make any changes that affect the terms and conditions of the contract or to bind the Library of Congress.

G.3. 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.3.1. The Contractor shall submit any requests for modification of this contract to the CO with a copy of the request to the appointed

COR.

G.3.2. 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 COR and the Contractor shall bring unresolved contractual problems to the immediate attention of the CO.

G.4. Contract Administrator information-*to be completed at time of award.*

G.5. Invoice and Payment Provisions. All invoices shall be prepared in accordance with FAR 52.232-25. The designated payment office is the Office of the Chief Financial Officer at accountspayable@loc.gov.

Section H - Continuation Sheet

H Special Contract Requirements

H.1. Interpretation of Contract Requirements

Document Type: QS Document Number: LCLSC13Q0036 Page 5 of 15

No interpretation of any provisions of this contract, including applicable specifications, shall be binding on the Library unless fur-nished 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 Con-tractor 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 referred 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. Conduct of Work

The personnel employed by the Contractor shall be capable employees qualified in this type of work. The Contractor shall be respons-ible 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 incompetent, careless, insubordinate, unsuit-able, 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.6. 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.

Section I - Continuation Sheet

I Terms & Conditions

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon re-quest, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.arnet.gov/far/

NUMBER TITLE DATE

52.203-3 GRATUITIES APR 1984

52.212-1 INSTRUCTIONS TO OFFERORS – COM-

MERCIAL ITEMS

JUL 2013

52.212-4 CONTRACT TERMS AND CONDITIONS

- COMMERCIAL ITEMS

JUL 2013

52.232-25 PROMPT PAYMENT OCT 2008

52.233-1 DISPUTES JUL 2002

Document Type: QS Document Number: LCLSC13Q0036 Page 6 of 15

52.242-13 BANKRUPTCY JUL 1995

52.245-1 GOVERNMENT PROPERTY APR 2012

52.245-9 USE AND CHARGES APR 2012

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 Additional Library of Congress Clauses

(a) FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Jun 2013). The clause is modified as follows:

(1) The reference in section (d) to the Disputes clause at FAR 52.233-1 refers to the clause as modified by the Library.

(2) The references in section (g)(2) and (i)(2) to the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 C.F.R. part 1315 refer instead to the Prompt Payment clause at FAR 52.232-25 as modified by the Library.

(b) FAR 52.233-1, Disputes (Jul 2002). To reflect the provisions of the Legislative Branch Appropriations Act, 2008 (Pub. L.

110-161, div. H., title I, § 1501, Dec. 26, 2007, 121 Stat. 2249, 31 U.S.C. § 702 note), the clause is modified as follows:

(1) The amount in sections (c), (d)(2)(i), and (e) is $50,000 instead of $100,000.

See also regulations of the Government Accountability Office Contract Appeals Board at 4 C.F.R. part 22.

(c) FAR 52.232-25, Prompt Payment (Jul 2013).

The Library of Congress is not an agency subject to the Prompt Payment Act. 31 U.S.C. § 3901(a)(1). The clause is modified as fol-lows:

(1) The following new paragraph (iv) is added to the conditions for paying interest penalty payments in section (a)(4): “(a)(4)(iv) The contract or purchase order contained a provision that expressly required the Library of Congress to pay an interest penalty.”

(2) The reference in section (a)(5)(ii) to the Disputes clause at FAR 52.233-1 refers to the clause as modified by the Library.

(3) Section (a)(6) is replaced with the following: “Interest penalty payments shall be handled in accordance with the Prompt Pay-ment clause at FAR 52.232-25 as modified by the Library.”

(4) Section (b) relating to Contract Financing Payment is deleted.

The Contractor shall comply with the following clauses, unless the circumstances do not apply:

I.2.1 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 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 30 days of expiration of this contract.

I.2.2 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Jan 2013)

(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 I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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:

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C.

Document Type: QS Document Number: LCLSC13Q0036 Page 7 of 15

6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L.

112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved] __ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C.

2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O.

13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

_X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Nov 2012) of 52.225-3.

Document Type: QS Document Number: LCLSC13Q0036 Page 8 of 15

__ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 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)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this con-tract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records re-lating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indic-ated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting oppor-tunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down re-quired in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Cer-

Document Type: QS Document Number: LCLSC13Q0036 Page 9 of 15 tain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

PERFORMANCE UNDER THIS ORDER CONSTITUTES SELLER'S ACCEPTANCE OF ALL TERMS AND CONDI-

TIONS.

Section K - Continuation Sheet

K Representations, Certifications and Other Statements of Offerors

52.212-3 Offeror Representations and Certifications -- Commercial Items (Jul 2013)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via https://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electron-ically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provi-sion.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that

Document Type: QS Document Number: LCLSC13Q0036 Page 10 of 15 term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

Sensitive technology—

“Service-disabled veteran-owned small business concern”—

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

“Veteran-owned small business concern” means a small business concern—

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily busi-ness operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business oper-ations of which are controlled by, one or more women who are citizens of the United States.

(b)

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(d) Representations required to implement provisions of Executive Order 11246 --

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act – Supplies, is included in this solicitation.)

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(g)

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Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

Other Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

Line Item No.:

[List as necessary]

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

Other End Products Line Item No.: Country of Origin:

Document Type: QS Document Number: LCLSC13Q0036 Page 12 of 15

[List as necessary]

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring

Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

Listed End Product: Listed Countries of Origin:

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.)

For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in re-sponse to this solicitation is predominantly—

(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compli-ance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this in-formation to the SAM database to be eligible for award.)

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any re-stricted business operations in Sudan.

(n) Prohibition on Contracting with Inverted Domestic Corporations—

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.

Section L - Continuation Sheet

L Instructions, Conditions and Notices to Bidders

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 DELIVERY OF PROPOSALS

Electronic submissions shall be submitted to Jaime Somers at jaso@loc.gov, with a cc: to Vidya Vish at vvis@loc.gov, by 12:00 p.m.

EST on August 6, 2013.

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L.2 52.212-1 Instructions to Offerors—Commercial Items (Feb 2012)

Incorporated by reference under Section I.

L.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Jaime Somers, 101 Independence Ave, S.E. Washington D.C. 20450-9410 Room LA-325.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L.4 CONTRACT TYPE

The Government contemplates award of a Firm Fixed Unit Price Purchase Order from this solicitation.

L.5 FORMAT AND INSTRUCTIONS FOR PROPOSAL

GENERAL

Offerors should prepare separate technical and business/price proposals for the project. The technical proposal must not contain refer-ence to specific prices, although resource information may be included so that the offeror’s understanding of the scope of the work may be evaluated. Price information should be restricted to the business proposal. An official authorized to bind you organization must sign the proposal. You must submit the proposal electronically per the instructions in Section L.1 in WORD AND PDF format and the price proposal in MS WORD, EXCEL, OR PDF FORMAT. The government will not be obligated to provide any equipment.

Volume I - Business Proposal

Volume II - Technical and Managerial Proposal

L.5 BUSINESS PROPOSAL - Volume I

The LOC anticipates awarding a Firm Fixed Unit Price Purchase Order. It is required that your business proposal contain enough in-formation for a price realism determination to be made.

L.5.1 STANDARD FORM OF CONTRACT AND PRICE PROPOSAL

In addition, this volume of the proposal shall consist of Sections A, B, C, D, E, F, G, H, and I of the solicitation document (including any amendments as submitted to the offerors). An electronic copy of the contractual documents (sections A-K as applicable), includ-ing any amendments (or acknowledgment of) as issued, must be submitted. Unit prices shall be submitted as specified in Section B, and all representations, certifications, and other statements of offerors, Section K, must be completed electronically. Vendors must submit the name, EPA registration number, and web site address of the designated refinery that the vendor proposes to use for the pur-poses of this contract.

Please refer to the FAR provision (52.212-1) regarding late proposals.

L.5.2 Section A - Standard Form 18 Blocks 13 and 14 of page 1 of Standard Form 18 will be completed by offerors.

L.5.3 Section B - Prices/Cost

In this section of the Proposal, the offeror is required to submit a price for each contract period in Section B, The Schedule.

L.5.4 Sections C, D, E, F, G, H, and I

The offeror shall incorporate and return the provisions set forth in Sections C, D, E, F, G, H, I, and of the solicitation document into Volume I of the proposal.

L.6 TECHNICAL PROPOSAL - VOLUME II

The offeror must show a thorough understanding of the goals and activities of the Statement of Work (SOW). A proposal that simply repeats the language of the SOW without specifying the offeror’s plan will not be considered eligible for award. Proposals should be precise and concise.

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Proposals should be double-spaced with a 12-point font size and margins of at least 1 inch. Not to exceed 3 pages in length.

Cover Sheet: A cover sheet with the name and address of the firm, as well as the signature of an officer of the firm should be provided.

L.7. USE OF SUBCONTRACTORS

The use of subcontractors for this contract is not permitted.

Section M - Continuation Sheet

M Evaluation Factors For Award

SECTION M - EVALUATION FACTORS FOR AWARDS

M.1 FAR 52.212-2 Evaluation - Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to a responsible offeror whose offer conforms to the solicita-tion and is most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1. Technical Capability

The offeror's ability to provide adequate assurance that it is able to successfullly deliver the required products described in Section C, Statement of Work.

The factor will be rated as follows:

1. Acceptable

2. Unacceptable

Contractor selection will be based on evaluation of proposals in accordance with FAR 15.101-2 – Best Value -Lowest Price Technic-ally Acceptable Source Selection Process. Award will be made on the basis of the lowest evaluated price of proposals meeting or ex-ceeding the acceptability standards for the non-cost factor. Price will be evaluated IAW FAR 15.404-1(a)(2). The proposal will be evaluated for compliance with the solicitation, as well as for price reasonableness and realism. In addition, the Library reserves the right to award a contract without discussions.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for ac-ceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified ex-piration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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