solicitation LCNLS11R0011.pdf

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS

(15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

LCNLS11R0011 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

12/06/2010

6. REQUISITION/PURCHASE NUMBER

RQ NLS20110010

CODE 9410

Contracts & Grants Library of Congress Contracts & Grants Management 101 Independence Ave SE LA325 Washington, DC 20540-9410

7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

17:00:00 01/10/2011

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

Lyudmila Bond

AREA CODE

NUMBER

707-3420

EXT.

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

lbond@loc.gov

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES CONTRACT

X B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS./WORK STATEMENT X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSX F DELIVERIES OR PERFORMANCE

X L INSTRS., CONDS., AND NOTICES TO OFFERORSX G CONTRACT ADMINISTRATION DATA

X M EVALUATION FACTORS FOR AWARDX H SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section 1, Clause No. 52.232-8)

10 CALENDER DAYS(%)

0.00

20 CALENDER DAYS(%)

0.00

30 CALENDER DAYS(%)

0.00

CALENDAR DAYS

NUMBER

PERCENTAGE

0.00

14. ACKNOWLEDGEMENT OF AMEND- MENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE nlsadmin@loc.gov The Library requires invoices to be emailed Washington, DC 20540

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print) Birchard Allen, 202-707-8909, ball@loc.gov

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

QS - LCNLS11R0011 Page 1 of 52

Table of Contents

Section Description Page Number

CS Continuation Sheet A. 1 Solicitation/Contract Form B. 1 Supplies or Services C. 1 Statement of Work D. 1 Packaging and Markings E. 1 Inspection and Acceptance F. 1 Deliveries and Performance G. 1 Contract Administration H. 1 Contract Requirements I. 1 Contract Clauses J. 1 List of Documents K. 1 Certifications L. 1 Instructions to Offerors M. 1 Evaluation Criteria

QS - LCNLS11R0011 Page 2 of 52

Summary Info Continuation Page Continuation Sheet Additional Information Description: Solicitation for production of 2,000 NLS Audio Books based on the attached Statement of Work (SOW).

Extended description: None

A. 1 Solicitation/Contract Form

Section A - Solicitation/Contract Form

A.1 Scope of the Solicitation/Contract

The Library intends to obtain the supplies specified under Section C through a Firm-Fixed Price Contract.

A.2 Notice to Offerors

The following information is provided to prospective Offerors in order to assist them with preparing their pro-posals.

Please be advised that the following information does not excuse any prospective Offeror from being thor-oughly familiar with the Solicitation requirements prior to submission of a proposal.

A.2.1 General Information.

The Contracting Officer (CO) for this contract is:

Birchard Allen

John Adams Bldg., Room LA-325

101 Independence Avenue, SE

Washington, DC 20540-9411

E-mail: Ball@loc.gov

All correspondence related to this solicitation is to be sent to :

LaToya Coates

John Adams Bldg., Room LA-325

101 Independence Avenue, SE

Washington, DC 20540-9411

Phone #: 202-707-3311

E-mail: lsne@loc.gov

A.2.2 How to Request and Receive Explanations and Clarifications of this Solicitation

A.2.2.1 Before preparing their technical and price/cost proposals, or requesting an explanation or clarification of this Solicitation, Offerors should first read the Solicitation in its entirety.

QS - LCNLS11R0011 Page 3 of 52

12/17/2010. (Please note that the US Postal Service deliveries to the Library are unreliable due to the heightened security due to the Anthrax threat.)

Any information given to a prospective Offeror concerning this Solicitation will be furnished promptly to all other prospective Offer-ors on https://www.FedBizOpps.gov via an amendment to the Solicitation.

A.2.2.3 Only the Contracting Officer and his/her representative listed in A.2.1 is authorized to answer questions about this Solicitation. The Library of Congress is not responsible for any information provided about the Soli-citation by any other source.

A.2.2.4 All questions regarding this Solicitation shall clearly identify the Solicitation No LCNLS11R0011 and the specific section of the Solicitation from where the question is derived – for example, the section and para-graph citation (C.3) or page number (page 25). Questions that are vague, illegible, or irrelevant to the Solicita-tion, or submitted after the cutoff date established may not receive a response.

A.3 Amendments to the Solicitation

A.3.1 All amendments to this Solicitation shall be posted on https://www.FedBizOpps.gov. The amendments are linked to the Solicitation at this site. Amendments will NOT be posted in any other format but at https://www.FedBizOpps.gov

A.3.2 Prospective Offerors bear complete responsibility for ensuring that all amendments have been down-loaded, reviewed, and complied with in the preparation of the proposal. Furthermore, Offerors are required to acknowledge ALL amendments as a part of their proposal submission. Failure by an Offeror to acknowledge all amendments may result in its offer being rejected by the Library as non-responsive to the Solicitation require-ments.

END OF SECTION A

Item No. Supplies or Services Quantity Unit Unit Price Amount

1 Audio Books - Base Year Total : 0.000000 EA

Additional Information:

Period of Performance: - Description:Narrate, create DTB, duplicate, label and ship digital talking books (DTBs) according to Statement of Work (SOW) attached, including references to applicable sections of Specifications.

Delivery Schedule:

Delivery Number Delivery Date Quantity

Purchase Request Reference Line: RQ NLS20110010 - 1

Contract/BPA Number: - 1

Item No. Supplies or Services Quantity Unit Unit Price Amount

2 Audio Books - Option Year 1 Total : 0.000000 EA

Period of Performance: - Description:

Delivery Schedule:

Delivery Number Delivery Date Quantity

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Purchase Request Reference Line: RQ NLS20110010 - 1

Contract/BPA Number: - 1

Item No. Supplies or Services Quantity Unit Unit Price Amount

3 Audio Books Option year 2 Total : 0.000000 EA

Period of Performance: - Description:

Delivery Schedule:

Delivery Number Delivery Date Quantity

Purchase Request Reference Line: RQ NLS20110010 - 1

Contract/BPA Number: - 1

Item No. Supplies or Services Quantity Unit Unit Price Amount

4 Audio Books - Option Year 3 Total : 0.000000 EA

Period of Performance: - Description:

Delivery Schedule:

Delivery Number Delivery Date Quantity

Purchase Request Reference Line: RQ NLS20110010 - 1

Contract/BPA Number: - 1

IDC Constraints Line Item

Line Number Minimum Quantity Minimum Amount Maximum Quantity Maximum Amount

B. 1 Supplies or Services

PART I – SECTION B

SUPPLIES, SERVICES, PRICES/COSTS

B.1 SCOPE OF WORK

Record, duplicate, package, and distribute assigned books to network libraries on flash cartridge media and pro-duce Digital Talking Book (DTB) masters in accordance with National Library Service for the Blind and Phys-ically Handicapped (NLS) Specifications #300, #420, #900, #1202, #1203, #1205, and #1206 – incorporated herein and made a part of this solicitation and any resulting contract. Note: References in NLS specifications to cassette duplication or CD preparation for submission do not apply to this contract.

B.2 ENGLISH AND SPANISH TITLES

This solicitation requests offers for English language titles and Spanish language titles. A proposal is not re-quired for both types of books. Offers for either English titles or Spanish titles or both, if submitted according to sections B.3 – B.5 below, are acceptable. The proposal for English titles will be evaluated separately from the proposal for Spanish titles.

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B.3 STANDARD TITLE DEFINITION

For purposes of estimating a price per title, average quantities are stated based on historical data. The average “standard title” consists of approximately 670 minutes of audio. The anticipated number of copies will be ap-proximately 890 copies per title of each flash cartridge version (with one flash cartridge per copy) in 2011 and 1,000 copies per title each year thereafter). Approximately 1% of the titles annually are RUSH titles. *Flash cartridges (FCs) shall be supplied to the contractor as government furnished material (GFM) , and contractor shall be held accountable for all lost/damaged cartridges.

B.4 DELIVERY OF COPIES TO NLS FOR APPROVAL

B.4.1 Delivery of the Review Copy to NLS The following shall be delivered to NLS via the internet as described in NLS Specification 1206:

• WAV files of the narration of each title

• one set of files containing a Digital Talking Book (DTB) with AMR-WB+ encoded audio files, unencrypted

• one set of files containing a Protected Digital Talking Book (PDTB) with AMR-WB+ encoded audio files, en-crypted

B.4.2 Delivery of the Control Copy to NLS Upon approval of the narration and DTB version by the NLS Quality Assurance Section (QAS), a sample of the copies to be shipped to libraries (the Control Copy) shall be shipped to NLS consisting of:

• the mailing container properly labeled as it will be sent to the libraries

• all flash cartridges properly labeled and inside the appropriate containers

• a copy of the latest revision of the Production Authorization Record (PAR )

• book cards prepared according to specification #420 and the information provided on the PAR

B.5 DELIVERY TO LIBRARIES

Upon approval of the Control Copy, the approved audio files may be duplicated on flash cartridges, labeled, packaged and mailed as free matter for the blind (no shipping costs) in NLS provided mailing containers to over

124 agencies serving the blind, consisting of network libraries, schools, hospitals and multi-state centers.

See section B.3. for the estimated number of copies per title.

B.6 PROPOSAL PRICING CALCULATION (see section B.8) Contract award will be expressed in “standard titles” with firm-fixed unit prices as price offers. An extended price will be expressed for the contract based on application of unit prices to quantities (minutes and flash cart-ridges) based on the standard title (see B.3 above). The percentage increase in proposed price for RUSH books from section B.8 below will be calculated for an estimate 1% of the titles. Actual total amount of contract will result from the application of proposed prices to books assigned and will depend on the length of books selected and the number of copies of each required. Unit price offers shall include the costs of replacement of non-delivered or damaged copies within the warranty period and for shipping review copies and control copies to

NLS.

B.6.1 Tier Bidding (see Section B.8) Unit prices are requested for English titles in twelve tiers for narration and duplication because multiple awards will be made. For a proposal to be considered responsive, offers must be made for narration and duplication for

QS - LCNLS11R0011 Page 6 of 52 each tier starting with the lowest (1-50) up to the tier considered by the offeror to be the offeror’s maximum ca-pacity. Responses that leave a “No-Bid” for lower tiers will render non-responsive and will not be considered.

The offers that do not include proposed prices for those above the offeror's maximum capacity will not be rendered non-responsive.

For Spanish titles, only one offer for narration and duplication is required.

B.7 Option to Increase or Decrease Quantities NLS reserves the right, at its option, to increase or decrease the number of titles or the quantity for each title awarded by not more than 25 percent, and the contractor agrees to accept such increase or decrease at the same unit prices as provided in the contract for the awarded quantities. Delivery of any additional quantities ordered pursuant to such an incease or decrease shall be made within the same number of days after receipt of notice of increase as provided for delivery of the initial contract quantities. The contractor shall promtly notify the COTR when the number of copies drops below or exceeds this range. This provision shall be read in extension of, and not in limitation of, option provisions in Section I.

B.8 PROPOSED PRICES

NAME OF OFFEROR: __________________________________

BASE YEAR

"Standard" Titles/Year (See section B.3) Narration Price/Min Flash Duplication Price/cartridge

1-50 titles Minute $______ Flash Cartridge $______

51-100 titles Minute $______ Flash Cartridge $______

101-150 titles Minute $______ Flash Cartridge $______

151-200 titles Minute $______ Flash Cartridge $______

201-250 titles Minute $______ Flash Cartridge $______

251-300 titles Minute $______ Flash Cartridge $______

301-350 titles Minute $______ Flash Cartridge $______

351-400 titles Minute $______ Flash Cartridge $______

401-450 titles Minute $______ Flash Cartridge $______

451-500 titles Minute $______ Flash Cartridge $______

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501-550 titles Minute $______ Flash Cartridge $______

551-600 titles Minute $______ Flash Cartridge $______

Premium for Rush Books (English language titles only) ______% Titles/Year (See section B.3)

SPANISH TITLES

1-75 titles Minute Minute $______ Flash Cartridge $______

OPTION YEAR 1

"Standard" Titles/Year (See section B.3) Narration Price/Min Flash Duplication Price/cartridge

1-50 titles Minute $______ Flash Cartridge $______

51-100 titles Minute $______ Flash Cartridge $______

101-150 titles Minute $______ Flash Cartridge $______

151-200 titles Minute $______ Flash Cartridge $______

201-250 titles Minute $______ Flash Cartridge $______

251-300 titles Minute $______ Flash Cartridge $______

301-350 titles Minute $______ Flash Cartridge $______

351-400 titles Minute $______ Flash Cartridge $______

401-450 titles Minute $______ Flash Cartridge $______

451-500 titles Minute $______ Flash Cartridge $______

501-550 titles Minute $______ Flash Cartridge $______

551-600 titles Minute $______ Flash Cartridge $______

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Premium for Rush Books (English language titles only) ______% Titles/Year (See section B.3)

SPANISH TITLES

1-75 titles Minute Minute $______ Flash Cartridge $______

OPTION YEAR 2

"Standard" Titles/Year (See section B.3) Narration Price/Min Flash Duplication Price/cartridge

1-50 titles Minute $______ Flash Cartridge $______

51-100 titles Minute $______ Flash Cartridge $______

101-150 titles Minute $______ Flash Cartridge $______

151-200 titles Minute $______ Flash Cartridge $______

201-250 titles Minute $______ Flash Cartridge $______

251-300 titles Minute $______ Flash Cartridge $______

301-350 titles Minute $______ Flash Cartridge $______

351-400 titles Minute $______ Flash Cartridge $______

401-450 titles Minute $______ Flash Cartridge $______

451-500 titles Minute $______ Flash Cartridge $______

501-550 titles Minute $______ Flash Cartridge $______

551-600 titles Minute $______ Flash Cartridge $______

Premium for Rush Books (English language titles only) ______% Titles/Year (See section B.3)

SPANISH TITLES1-75 titles Minute Minute $______ Flash Cartridge $______

OPTION YEAR 3

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"Standard" Titles/Year (See section B.3) Narration Price/Min Flash Duplication Price/cartridge

1-50 titles Minute $______ Flash Cartridge $______

51-100 titles Minute $______ Flash Cartridge $______

101-150 titles Minute $______ Flash Cartridge $______

151-200 titles Minute $______ Flash Cartridge $______

201-250 titles Minute $______ Flash Cartridge $______

251-300 titles Minute $______ Flash Cartridge $______

301-350 titles Minute $______ Flash Cartridge $______

351-400 titles Minute $______ Flash Cartridge $______

401-450 titles Minute $______ Flash Cartridge $______

451-500 titles Minute $______ Flash Cartridge $______

501-550 titles Minute $______ Flash Cartridge $______

551-600 titles Minute $______ Flash Cartridge $______

Premium for Rush Books (English language titles only) ______% Titles/Year (See section B.3)

SPANISH TITLES

1-75 titles Minute Minute $______ Flash Cartridge $______

END OF SECTION B

Descriptions & Specifications IDC Constraints Document

C. 1 Statement of Work

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PART I – SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 PREFACE TO DESCRIPTION, SPECIFICATIONS, AND WORK STATEMENT

C.1.1 Background As mandated by Public Law 89-522 dated July 30, 1966, The National Library Service for the Blind and Phys-ically Handicapped (NLS), Library of Congress (LOC), provides reading materials in recorded and Braille formats to U.S. residents and U.S. citizens living abroad who are unable to use conventional print materials be-cause of visual and physical limitations. Each year, more than 24 million books and magazines are circulated to these groups. Reading materials (books and magazines) are produced by contractors for NLS, and are distrib-uted to a readership in excess of 700,000 through a network of 121 regional and sub-regional libraries serving blind and physically handicapped individuals. States, municipalities, or other agencies operate these organiza-tions. In addition, books are distributed to schools, multi-state centers, and veterans’ hospitals throughout the nation and U.S. territories. All services and products are funded by the U.S. Congress through NLS and are provided to patrons free of charge including mail to and from patrons through the U.S. Postal Service.

NLS has about 130,000 titles in its collection and adds approximately 2,700 titles (including music titles) annu-ally. Books are circulated to patrons primarily through the mail from their network libraries located in their jur-isdictions. Additionally, several magazines are distributed on a weekly, monthly, bi-monthly or quarterly sched-ule. Also, catalogs, bibliographies, and newsletters are distributed on an annual, quarterly or bi-monthly sched-ule.

C. 1.2 User Materials Contractors who produce books, equipment, or other products shall be cognizant of the consumer-responsive nature of the program and that the specifications for these products have been developed to meet the needs of program users. Materials are produced with the readers’ needs foremost in mind and improved through constant monitoring and consumer input. Contractors are expected to familiarize themselves with the equipment hand-ling practices of blind and physically handicapped clientele and ensure that the supplies and equipment pro-duced shall stand up under such use. A high degree of quality workmanship and product reliability is mandated by the product specification.

C.1.3 Variations Books to be assigned under an awarded contract are selected by the Library. Length of books will vary, as will minutes of narration and number of flash cartridges per copy to be duplicated. Also, the number of copies of each title required for the program will vary. These variables, unknown at time of contract award, make it im-possible for the Library to know for certain if the contracted number of books will be the actual number com-pleted. However, based on historical data as outlined in Section B for “standard titles” the Library will assign actual titles in order to utilize the contract award and funds obligated as fully as possible. This may result in more or less than the stated number of titles. (See also sections C.10, I.2 and I.4)

C.1.4 Policy NLS follows the mandate of Public Law 89-522 for the purchase of books, either in raised characters or in sound reproduction recordings, by giving preference to nonprofit institutions whose activities are primarily con-cerned with the blind and other physically handicapped persons where offers submitted by such institutions are determined to be fair and reasonable.

To fulfill the intent of this mandate and in order to receive this preference, a contractor must perform a substan-tial portion of the work that is represented by the cost of producing the described items, or by making a signific-ant contribution to the manufacture or production of the end item. In this solicitation, this is defined as follows:

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• A substantial portion of the work means a minimum of fifty percent (fifty percent or more) of the research, narration, duplication, DTB mastering, labeling, packaging and shipping activities, to be determined by one or more of the following: cost not including cost of materials, labor hours, or titles.

• A significant contribution means either a) all research, narration, and DTB mastering or b) all duplication, la-beling, packaging, and shipping activities.

C.2 SCOPE OF WORK

Record, duplicate, package and distribute books to network libraries on flash cartridge media and also provide Digital Talking Book (DTB) review copies in accordance with this solicitation document, the National Library Service for the Blind and Physically Handicapped (NLS) Specifications #300, #420, #900, #1202,#1203, #1205, and #1206, incorporated herein and made a part hereof, and any “Special Instructions” issued with titles during performance of contract. Copies of the specifications are available at http://www.loc.gov/nls/specs. Samples of the products that precisely meet all applicable requirements may be required at any time during the period of performance.

C.3 RECORDING OPERATIONAL PROCEDURES

C.3.1 NLS to Provide Contractor NLS will provide the contractor with two (2) print copies of each title assigned, flash cartridges, flash cartridge mailing containers, priority and rush stickers, most bibliographic information (metadata) required for the pack-age file (OPF) to be included in the DTB, and standard opening announcement audio files. NLS will also provide the contractor password access to a Producer Data Exchange (PDE) web page.

C.3.2 Production Authorization Record NLS will provide via web site a Production Authorization Record (PAR) containing bibliographic information for the book cards; an initial DTB package file (OPF); and label information (print and braille) for each title as-signed. The contractor shall present the information as provided in the PAR. If the PAR, OPF or labels require revision, the contractor shall submit all proposed changes in writing (facsimile or email is acceptable) to NLS for approval. Approval or rejection of proposed changes will be made in writing (facsimile or email). NLS initi-ated changes to the PAR, OPF and/or labels will be provided to the contractor in writing (facsimile or email).

C.3.3 Review Copy Upon completion of the recording cycle, the contractor shall upload to the NLS Quality Assurance Section (QAS) (see Specification 1206) for review and approval one Review Copy consisting of the digital files as listed in NLS Specification 1206, section 3.1.4. In addition, the contractor shall submit to QAS via UPS or other NLS approved commercial delivery service:

• the narrator copy of the print book. The print copy shall be shipped within 48 hours of an autotest pass result (standard or priority titles). Rush books shall be shipped with 24 hours of an autotest pass result.

• a copy of the PAR listing the narrator, completion date, number of minutes, and other required items to be provided by the contractor as noted on the form.

For titles designated as “Priority” or “Rush”, the contractor shall attach a “Priority” or “Rush” label to the copy of the PAR submitted. The PAR must include all NLS approved changes made to the PAR.

Once the evaluation of the Review Copy is completed by the QAS, the result of the evaluation will be made available on the NLS website (www.loc.gov/pics). The contractor will be issued a login and password for this site.

C.4 DUPLICATION AND DISTRIBUTION OPERATIONAL PROCEDURES

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C.4.1 QC Control Copy Upon notification of narration and DTB approval, the contractor shall prepare and send to the NLS Quality As-surance Section by NLS approved delivery (UPS, FedEx, DHL, etc.), at contractor’s expense, one (1) quality Control Copy package consisting of the following items:

• The flash cartridge mailing container(s) containing book cards and properly labeled as it (they) will be sent to the libraries

• The flash cartridge(s) properly labeled and inside the container(s)

• A copy of the latest revision of the PAR

For titles designated “Priority” or “Rush” the contractor shall attach a “Priority” or “Rush” label to the blank area of the outside book card of the Control Copy container. Approval of the Control Copy shall be made avail-able on the NLS website (www.loc.gov/pics). The contractor shall not distribute any title that has not been ap-proved by the NLS Quality Assurance Section.

C.4.2 Distribution Schedule Within 60 days of title assignment, NLS will provide a distribution schedule for each title assigned. This sched-ule will list the number of copies of each title for each library in the NLS network, as well as the total produc-tion requirement. The contractor shall be responsible for providing individual mailing address cards for each copy of each title. If the Quality Assurance Section (QAS) approval of the quality Control Copy package (see section C.3.4) has been received for a title for which the distribution schedule is missing, the contractor shall notify the NLS contract monitor for instructions.

C.4.3 Production Ceiling Each contractor is provided with a distribution schedule stating the number of units each library is to receive of each title. If the schedule specifies more than seventy (70) flash copies of any book for a single library, the con-tractor shall contract the project monitor or the COTR immediately for verification. No library is to receive more than seventy (70) flash copies of any title unless verified by NLS. If the contractor produces more than the designated ceiling without verification, the contractor shall bear all production and disposal costs for the excess copies. Excess copies are those copies NLS is unable to place with network libraries.

C.5 PRODUCER DATA EXCHANGE (PDE)

C.5.1 Producer Activity Updates Contractor shall report contract activity at www.loc.gov/pics for each title within two business days of the activ-ity.

Information to report on the “DB Book Check In” screen:

• Book number, provided by NLS

• Mastering agency, provided by contractor (for contracts with multiple studio locations)

• Actual start date, provided by contractor (date narration began)

• Minutes, provided by contractor (total length of narration in minutes)

• Narrator Information to report on the “Duplication (Flash)” screen:

• Date Control Copy was shipped to NLS

• Shipped copies, provided by contractor (total number of copies shipped)

• Duplication Agency, provided by contractor (for contracts with multiple locations)

The format and information of the reporting function is subject to change by NLS at any time. Contractors will be notified of any changes prior to implementation of the change.

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C.6 NARRATORS

The contractor shall not engage a narrator who has not been approved for narration by NLS. Submission of au-dition samples must follow the procedures described in section L of this solicitation and is required for any pro-posed narrator who has not been approved. In addition, the contractor shall use the following guidelines:

C.6.1 The same narrator shall be used for: (a) first-person series or sequel, (b) series/sequel with same charac-ters and (c) narrators requested by NLS as indicated on the PAR by an entry in the “previous narrator” field.

C.6.2 In the event contractor cannot provide a specific narrator as provided above (e.g. deceased, moved, voice changed, use of narrator will cause extensive production delay), the contractor shall contact the NLS project monitor or the COTR for instructions before proceeding. If an alternate reader is used, the contractor shall provide the reader with any notes from the previous book to ensure continuity in pronunciation and characteriz-ation.

C.6.3 In the event of a request by NLS for a specific narrator or authorization to select an alternate narrator, the contractor shall adhere to all requirements of specification #300 and other applicable specifications. Such re-quest or authorization does not constitute in any way a waiver of quality or production requirements. The con-tractor is ultimately responsible for narration quality and shall notify NLS when a narrator is no longer accept-able to record a title.

C.7 DIGITAL TALKING BOOK (DTB) / PROTECTED (PDTB)

C.7.1 DTB Production Requirements DTB’s created under this contract shall contain no textual content file and shall contain at least a basic NCX as described in section 13 of ANSI/NISO Z39.86-2002. (Type “2” audio NCX). Refer to specification #1203 for details.

C.7.2 Navigation The NCX shall be created in accordance with NLS specification #1203. NLS will supply suggestions with each book assigned describing which segments of the book to make navigable and the hierarchical relationship of those segments (e.g., parts at level 1, chapters at level 2, etc.). Contractors will refer to “Guidelines for Apply-ing Navigation Markers to Digital Talking Books (DTB’s)” (available at www.loc.gov/nls/specs) for general background information on implementing navigation in DTBs. If the contractor finds during narration that dif-ferent navigation choices than those suggested are more applicable to a title, the contractor shall provide the preferred alternative(s) to the Contract Monitor and/or the COTR via e-mail or fax. NLS will then change the PAR and notify the contractor, via e-mail, of the change. The contractor can access and print the modified PAR from the Internet at ww.loc.gov/pics.

C.7.3 DTB Production Tools The contractor is responsible for production of DTB’s acceptable to NLS and may develop their own production tools or use outside sources.

C.8 WARRANTY

The contractor, under contractual requirements of specifications #420, #900, and #1202 shall be responsible for replacing defective books for the full one (1) year warranty period. The warranty period shall extend to the last day of the twelfth month after which the flash cartridges were shipped to the libraries.

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C.9 LOST/DAMAGED FLASH CARTRIDGES

See Section F.3 and Section I.1 (FAR clause 52.245-01)

C. 10 GOVERNMENT PROPERTY DISPOSITION

C.10.1 Master Recordings Digital audio files, masters and all associated files making up the DTB are the property of the Library of Con-gress and shall be retained by the contractor for an indefinite period of time. (see also reference to warranty re-placement provisions in section C.8 above). All cost of storage of master recordings and handling and shipment at NLS request shall be included in the costs of this contract. The contractor shall not delete any NLS files. Any NLS requirements regarding these files must be in writing. Verbal communication alone is not acceptable.

C. 10.2 Print Books Print books are the property of the Library of Congress and shall be retained by the contractor for a period of one (1) year after shipment of the book to network libraries. After that time, the contractor shall contact the NLS contract monitor to arrange for shipment of print books to NLS. Books will be shipped at contractor’s ex-pense. Print books shall be clearly labeled as “Monitor” or “Narrator”. The “Monitor” copy of the print book shall contain approximate time markings in the margins for chapters and all navigation points.

C.11 NETWORK ADDRESSES

Network address changes will come from NLS via Fax and/or e-mail. Within five (5) working days after receipt of request from NLS, the contractor shall:

• Cancel a closing network library address and product quantities

• Update all master address files

• Divert the closing networks library’s product quantities by changing mailing labels already in existence

C. 12 LABELS

C. 12.1 Print/Braille Labels Sources that can provide the print/braille labels required for flash cartridges and containers are:

Label Specialties, Inc.

Attn: Jim Medley

2501 Technology Drive

Louisville, Kentucky 40299

502-261-9000

C.12.2 Container Labels Sample labels, attached to the sample container provided to bidders upon request, are for information only. All labels must conform to specification #420. Note carefully the specification provisions relating to requirements for label material and procedures for proposing equivalent materials.

END OF SECTION C

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Packaging and Marking

D. 1 Packaging and Markings

SECTION D - PACKAGING AND MARKING

D.1 LABELING AND PACKAGING

Labeling and packaging instructions are included in the specifications referenced in Section J.

D.2 Payment of Postage Fees. All postage and fees related to submission of information, including forms, and reports, etc., to the Contracting Officer or Contracting Officer’s Technical Representative (COTR) or other persons designated to receive, shall be paid by the Contractor.

D.3 Markings. All information submitted to the CO or the COTR or other Library personnel designated to receive deliverables shall clearly indicate the following information:

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

b. Description of information/data being submitted

c. Contract Number

d. Contractor Name and Address

END OF SECTION D

Inspection and Acceptance

E. 1 Inspection and Acceptance

PART I – SECTION E

INSPECTION AND ACCEPTANCE

E.1 Inspection and Acceptance Supplies under this contract shall be inspected and accepted in accordance with 52.246-2 Inspection of Supplies

– Fixed Price.

E.2 Time of Acceptance Acceptance of review copies, Digital Talking Books (DTB’s) for purposes solely of invoicing, will occur when the digital files transmitted electronically have been accepted by the NLS upload site. Subject to requirements of warranty (see above) and to audit of network library monthly receiving reports, for purposes solely of in-voicing for completed books in accordance with provisions of section G.1, acceptance will occur when the books are deposited in the U.S. Postal Service for mailing to libraries. (See section F.5.) The contractor, at contractor’s expense, shall correct defective narration review masters and defective DTBs. Scheduled ship date shall not be changed unless contractor requests extra time and it is approved by the COTR.

E.3 Acceptance and Approval NLS/BPH will review narration review copies, DTB’s, cassette and flash control copies for conformance to contract specifications. Written notice of approval or rejection/return will be provided to the contractor for each submission via the Internet at www.loc.gov/pics. In the event of rejection/return, failure to remedy the defect caus-ing the rejection/return in a timely manner may result in termination for default. If a rejection/return is not cor-rected and re-submitted within 14 calendar days after notice of rejection, a Failure To Respond (FTR) reject will be assigned. If a contractor accumulates more that ten (10) FTR rejects, NLS may consider partial termination

QS - LCNLS11R0011 Page 16 of 52 and reassignment of titles or termination for default. When the number of rejections for failure to meet specific-ations in any one category (review copies, control copies) exceeds ten percent (10%) of the contracted number of titles, NLS/BPH may consider partial termination and reassignment of titles or termination for default. Titles rejected more than once are counted as separate rejections for each instance. In addition, each title that the con-tractor is required to recall from or correct in the field will be considered a reject and counted with the total number of rejects for the contract.

E.4 Service Guarantee The quality warranty provisions stated in Specifications #202, #403 and #1202 shall apply.

Deliveries or Performance

F. 1 Deliveries and Performance

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following solicitation provisions and/or contract clauses pertinent to this Section are hereby in-corporated by reference:

FEDERAL ACQUISITION REGULATION (48 CRF CHAPTER 1)

· 52.242-15 STOP WORK ORDER AUG 1989

· 52.247-34 F.O.B. DESTINATION NOV 1991

· 52.232-33 Government Delay of Work APR 1984

F.2 52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

F.2.1 Delivery Schedules NLS/BPH will indicate to the contractor on the written instructions accompanying print books the scheduled shipping date (SSD) for each title assigned. The SSD is the date by which shipping of all copies of the flash cartridge books shall be completed. If the flash cartridge (DB) version of a title is delayed by NLS, e.g., due to limited availability of blank flash cartridges, a different SSD will be established. SSDs will be determined based on three factors: length of book, difficulty of material and priority. The table at F.2.3 sets forth standard re-quired production periods utilizing these factors for standard titles, “Priority” titles, and “Rush” titles. The SSD will include twenty-one (21) calendar days from the date of receipt at NLS/BPH for review of narration and DTB review copy, and seven (7) calendar days from the date of receipt at NLS/BPH, for review of the control copy . NLS/BPH will revise the SSD after approval of narration if NLS/BPH has in any way caused a delay.

The contractor shall be responsible for notifying the contract monitor or COTR in advance of any instance when it cannot meet the SSD due to exceptional and unavoidable circumstances (e.g., hurricanes, fire, etc.). In this event, NLS/BPH will consider the cause of potential failure to meet the SSD, and either set a revised SSD, or retain the original SSD. Any title shipped after its SSD will be considered a late delivery.

F.2.2 Late Shipment NLS/BPH will determine the difference between the SSD and the actual ship date for each title shipped. If a title is shipped after its original SSD but before its revised SSD, the difference will be considered zero (0) days (i.e., no early delivery credit will be given). The average of all these differences will be the contractor's average

QS - LCNLS11R0011 Page 17 of 52 deviation from scheduled ship date. When ten percent (10%) or more of the contracted number of titles have been scheduled for shipment and the average deviation exceeds a negative five (5) days, or the number of titles shipped late exceeds twenty-five percent (25%) of titles shipped, NLS/BPH may consider partial termination (reduction of titles) or termination for default. In the event a SSD supplied by NLS/BPH falls on a Sunday or holiday, the contractor shall ship before this date to avoid a late shipment.

F.2.3 Recorded Books Estimated Production Time (ESTPT) Estimating Table

Est.

Tracks Standard ESTPT in Days Priority ESTPT in Days Rush ESTPT in Days

Normal Difficult V.Difficult Normal Difficult V.Difficult Normal Difficult V.Difficult

1-2 97 104 111 80 86 92 21 25 29

3-4 108 116 126 88 96 104 24 31 38

5-6 115 126 138 95 105 114 27 37 47

7-8 123 136 149 101 112 123 30 43 56

9-10 129 143 157 106 118 131 33 49 65

11-12 133 148 162 110 123 137 37 57 77

13-14 137 152 168 113 127 141 40 63 86

15-16 141 157 173 116 131 145 44 70 96

17-18 145 162 178 119 134 149 48 77 106

19-20 149 166 183 122 137 152 52 84 116

21-22 153 171 188 125 140 156 57 93 129

23-24 157 175 193 128 144 159 61 100 139

25-26 161 180 198 131 147 163 65 107 149

27-28 165 184 203 134 150 166 69 114 159

29-30 167 187 206 136 152 169 73 121 169

31-32 169 189 209 138 155 171 78 130 182

33-34 171 192 212 140 157 174 82 137 192

35-36 173 194 215 142 159 176 86 144 202

37-38 175 197 218 144 161 179 90 151 212

39-40 177 199 221 146 164 181 94 158 222

41-42 179 202 224 148 166 184 98 166 234

43-44 181 204 227 149 167 185 101 172 243

45-46 183 207 230 150 168 187 104 178 252

47-48 185 209 233 151 170 188 107 184 261

49-50 187 212 236 152 171 190 110 190 270

51-52 189 215 239 153 172 191 114 196 279

53-54 191 218 242 154 173 192 118 202 288

55-56 193 221 245 155 174 193 122 208 297

57-58 195 224 248 156 175 194 126 214 306

59-60 197 227 251 157 176 195 130 220 315

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F.3 Delivery

F.3.1 Delivery Verification The contractor shall not distribute a title without approval by NLS/BPH Quality Assurance Section. Actual de-livery will be validated by each receiving libraries for each title via the web. If a library reports a short ship-ment, that information is made available to the contractor via the Producer Data Exchange (PDE) screen at www.loc.gov/pics. Contractors are responsible for warranty replacement within 30 days of any missing copies reported. Failure to provide replacement copies within 30 days shall be considered a delivery verification reject.

If the contractor accumulates more than ten (10) delivery verification rejects in a contract year, NLS may con-sider partial termination (reduction of titles) or termination for default. At any time during the term of this con-tract or extensions, NLS/BPH may require the contractor to submit additional proof of delivery, such as a certi-ficate of mailing.

F.3.2 Over-shipments and Lost Copies If a library receives more copies of a title than ordered (Overage), the extra copies will be sent to the Multistate Center East (MSCE) in Cincinnati, Ohio. Any unclaimed or lost copies of a title will also be collected at MSCE.

MSCE will return all extra copies to the contractor, to be used to replace missing copies (see F.3.1) or to be re-used for other titles.

F.4 Period of Performance The period of performance of this contract shall be for one base and three option years commencing with the date of award.

F.5 Shipment Shipment to network libraries of materials under this contract shall be made through the United States Postal Service (U.S.P.S.) under the provisions of section E040 of the U.S.P.S Domestic Mail Manual "Free Matter for the Blind and Other Handicapped Persons." Contractor shall arrange for the delivery of the completed work to the post office or for pick-up by the post office.

F.6 Completion of Prior Contracts If performance on this contract deteriorates in terms of quality of work or timeliness of delivery, or if such con-tracts are not completed satisfactorily, or if, in the opinion of the contracting officer, defects found to be caused solely through the fault of the contractor are of such serious nature that substantial performance of such con-tracts is not being achieved, the government has the right to either partially terminate (i.e., reduce the number of titles covered by the contract) or terminate for default. Upon a determination that the contractor is unable to meet the requirements of the contract based on a deterioration in performance or failure to perform, the govern-ment may consider the contractor's other obligations (i.e., schedules or requirements pursuant to other contracts in existence with NLS/BPH) in evaluating an appropriate mechanism for cure or termination of this contract.

END OF SECTION F

Contract Administration Data Accounting Data

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G. 1 Contract Administration

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

(a) This contract will be administered by:

LaToya Coates

Contract Specialist

The Library of Congress

Office of Contracts and Grants Management.

101 Independence Ave. SE

Washington, DC 20540-9411.

Phone: (202) 707-3311; Fax: (202) 707 8611; Email: lsne@loc.gov

Birch Allen, Contracting Officer

John Adams Bldg., Room LA-325

101 Independence Avenue, SE

Washington, DC 20540-9411

Fax #: 202-707-0456, Email: ball@loc.gov

(b) Contracting Officer Technical Representative (COTR)

The designated COTR for this contract is:

John Bryant

Library of Congress

101 Independence Avenue, SE.

Washington, DC 20540-9411

Phone: (202) 707-9239 ; E-mail: jbry@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-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

QS - LCNLS11R0011 Page 20 of 52 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 person-nel.

G.3.5 An assigned NLS/BPH production control specialist will be the project monitor, and the contractor shall designate in writing a project monitor to coordinate with the NLS/BPH project monitor.

The project monitor is designated by the CO to work under the COTR for purpose of monitoring the day-to-day progress of contracts and may give written or oral instruction to ensure that all requirements in the contract are met. These instructions will not exceed the function or authority of the COTR as described above.

END OF SECTION G

Special Contract Requirements

H. 1 Contract Requirements

SECTION H - SPECIAL CONTRACT REQUIREMENTS

QS - LCNLS11R0011 Page 21 of 52

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

H.2 Contractor Commitments, Warranties, Representations.

Any written commitment by…