LCNLS23D00-7-11-12-13_Redacted.pdf

PAGE 1 OF1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET AS DE: % FOR:

SMALL BUS NESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUS NESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIG BLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RAT NG

14. METHOD OF SOLICITATION

RFQ FB RFP

15. DELIVER TO CODE 16. ADM NISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FAC LITY CODE 18a. PAYMENT W LL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS D FFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT NVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52 212-1, 52 212-4. FAR 52 212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52 212-4. FAR 52 212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSU NG OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENT F ED ABOVE AND ON ANY (BLOCK 5), INCLUD NG ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPEC F ED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PR NT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

See SCHEDULE

AWARDED:

EFFECTIVE: 09-01-2023 030ADV23R0045 04-25-2023

05-19-2023

5:00 PM EDT

Contracts and Grants Directorate Library of Congress

101 Independence Ave. SE LA 325 Washington DC 20540-9411

X

N/A

DELIVERY

See Section F for delivery instructions.

Contracts & Grants Directorate Library of Congress

LA 325

101 Independence Av SE Washington DC 20540-9411

Submit Invoices through:

NLSadmin@loc.gov Washington DC 20540

See CONTINUATION Page

0.00 See CONTINUATION Page

X X

Robinson, James

LCNLS23D0013

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ACCOUNTING AND APPROPRIATION DATA

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

D.1 LC52.231-1 PAYMENT OF POSTAGE FEES (MAY 2015)

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 LC52.215-5 PLACE AND PERIOD OF PERFORMANCE (JAN 2019)

SHIPPING EXPENSES – FOB DESTINATION

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 LC52.232-1A LIBRARY OF CONGRESS INVOICE INSTRUCTIONS (OCT 2016)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 LC52.201-1 CONTRACTING OFFICER'S REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY (JAN 2016)

H.2 LC52.203-1 CONTRACTOR PUBLICITY (OCT 2013)

H.3 LC52.237-2 CONDUCT OF WORK (MAY 2015)

H.4 LC52.237-1 KEY PERSONNEL (AUG 2014)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

I.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.4 LC52.201-2 ORDERING OFFICERS (OCT 2013)

I.5 LC52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DEV) (FEB 2016)

I.6 LC52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS - COMMERCIAL ITEMS (DEV) (MAY 2015)

I.7 LC52.232-25 PROMPT PAYMENT (DEV) (JUL 2013)

LCNLS23D0013

I.8 LC52.233-1 52.233-1 (DEV) DISPUTES (MAY 2014)

I.9 52.216-18 ORDERING (AUG 2020)

I.10 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.11 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.12 52.232-36 PAYMENT BY THIRD PARTY (MAY 2014)

I.13 LC52.216-2 FAIR OPPORTUNITY (FEB 2020)

I.14 CONTRACTOR ONBOARDING PROCEDURES

I. 15 SPECIAL REGULATIONS FOR PRISON CONTRACTORS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

LCNLS23D0013 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 LC52.216-3 CONTRACT TYPE (JUN 2016)

This is a Multiple-Award Indefinite Delivery, Indefinite Quantity (IDIQ) type contract. Firm fixed price task orders shall be issued against this IDIQ.

Each Multiple-Award IDIQ Contract shall have a separate ceiling (maximum) of $250,000.00 as well as a minimum amount of $1,000.00

Contract Numbers and associated awardees are below:

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5.00 YR $0.000000 $0.00

Braille Music Transcription Services Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2028

GRAND TOTAL $0.00

ACCOUNTING AND APPROPRIATION DATA

ACRN APPROPRIATION REQUISITION NUMBER AMOUNT

LCNLS23D0013 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Braille Music Transcription & Proofreading IDIQ

Statement of Work

C.1. Project Title

Braille Music Transcription and Proofreading IDIQ Contract.

C.2. Overview / Background

The Library of Congress (Library) requires contract support to transcribe documents into braille. Assignments are delivered in digital formats. The Music Section of the National Library Service for the Blind and Print Disabled (NLS) is required to acquire new titles for its music collection each year in accessible formats: in braille, large print, and audio.

This can be done through contracts with individual transcribers, authors, commercial or other appropriate producers, of which there are few in the United States. Materials in braille format include instructional materials, music appreciation materials, and sheet music specifically designed for people who are blind or visually impaired. NLS acquires these materials for its Music collection so that they can be made available to NLS patrons.

C.3. Scope

C.4.1 This requires the contractor to transcribe printed hard copy and electronic sheet music, as well as texts directly associated with the sheet music, into braille.

C.4.2 This requires the contractor to proofread existing digital braille music files generated from digital scans, with the original hard copy braille score and provide correcting edits where the digital file and hard copy document differ. This requires furthermore to ensure, and make edits if necessary, that the digital file contains a maximum of 26 lines with line 26 blank, with a maximum of 25 lines of braille code which are no longer than 40 cells.

C.4. Performance Areas

This IDIQ contract includes Performance Area 1 – braille transcription services.

C.4.1. Performance Area I The contractor shall transcribe musical works that are designated by NLS in specific task orders. The Library may provide electronic and/or hard copy formats as Government Furnished Property or Information (GFP / GFI). GFP and GFI may be provided via email, U.S. mail, or other means of electronic transfer. The Library may also require the contractor to furnish source material for transcription as part of a task order.

All transcription services must adhere to the latest version of the NLS 800 Specifications and the current Braille Authority of North America (BANA) Music Braille Code.

See

Specifications 800: Braille Books Pamphlets October 2014: https://www.loc.gov/nls/about/organization/standards-guidelines/contract-specifications/

Braille Authority of North America (BANA) Music Braille Code: https://www.brailleauthority.org/music-braille-code

C.4.1.1. Minimum Transcription Requirements (Braille Music and Text)

1. Transcription of method books, instructional music books, popular anthologies or collections, may be required as identified in task orders. Text transcription may include German, French, English, and Italian language materials.

2. All transcription of text-only source material must conform to the Unified English Braille (UEB) standard.

3. Each transcribed file must be provided in .brf

4. The .brf files must include 25-line pages

5. Each line shall have 40 cells

6. The names of submitted .brf files should uniquely and clearly identify the content of each file.

7. The resulting .brf file from each assigned task must be made available via digital download from a shared folder online or emailed to the COR specified in each task order.

C.4.2. Performance Area II

This is a separate task from C.4.1. and pertains to the proofreading and editing of digitized braille music score files against the hard-copy source of the digital file. The Library may order proofreading and editing services to verify the accuracy of, and correct mistakes in, digital files of braille music works or texts. The contractor shall compare the digital file with the original braille hard copy. Specific source materials will be identified in each task order; the Library will provide the materials to the contractor. If the original hard copy is so severely damaged or so poorly transcribed that a reasonably useful digital file is not achievable, the proofreader will notify NLS accordingly. The proofreader must keep a list of all changes made.

Proofreading may be done as follows:

1. Using a braille display, an 80-cell Brailliant, the proofreader places one hand on the device and the other hand on the hardcopy braille. When the proofreader finds a problem with the file, he/she moves the cursor to that spot and makes the correction; or

2. Using a Braillo 300 embosser and the Duxbury computer program, the proofreader can emboss a copy of the digital file. The proofreader then compares by simultaneously placing one hand on the original hard copy and the other hand on the embossed copy of the digital file. Upon finding a discrepancy, the proofreader uses the Duxbury grid to correct or reformat as necessary; or

3. Using another effective method proposed by the contractor and approved by the Library.

The current NLS standard is a page with no more than 25 lines of braille, 40 cells per line. When older scores have 29 or 30 lines per page, and lines longer than 40 cells, the proofreader will rearrange the braille to conform to the NLS page size. The contractor shall ensure that bar-over-bar score (multiple staves), “line up” and appear on the same page.

Shortening pages from 30 lines to 25 lines may require creation of running headers and page numbers at the top of each new page, and removing the old headings that would be somewhere in the middle of a transcribed page.

In any keyboard score an important consideration is the direction in which the intervals of chords are to be read.

Normally the intervals of left-hand chords are read upward from the brailled note, but the correct direction for right-hand chords cannot be assumed. Current transcriptions read the right-hand chords from the top down, and a transcriber’s note is included to remind the braille reader of that direction. There is no such indication in older scores, however. An experienced braille reader can readily make the determination according to finger marks, harmonic logic, and other factors. To assist a less experienced reader, the proofreader must add a simple note to the file so that there will be no question about the direction in which the intervals are to be interpreted. The proofreader may also add other information to facilitate the less experienced reader’s understanding. Any such additions must be noted in the proofreader’s list of changes.

C.4.2.1. Minimum Proofreading Requirements (braille music and text)

1. Proofreading of music scores, method books, instructional music books, popular anthologies or collections, may be required as identified in task orders.

2. Text transcription may include German, French, English, and Italian language materials.

3. A proofreader’s report with a list of edits and changes made will be provided

4. The .brf files must conform to 25-line pages

5. Each line shall have 40 cells

6. Older scores with 29 or 30 lines per page, and lines longer than 40 cells, will be rearranged to conform to the requirements 4 and 5

7. Bar-over-bar score (multiple staves) must “line up” and appear on the same page

8. Shortening pages from 30 lines to 25 lines may require creation of running headers and page numbers at the top of each new page, and removing the old headings that would be somewhere in the middle of a transcribed page.

9. If in the original score, a transcriber’s note is missing about the direction in which intervals of chords are to be read, a simple note about the direction in which the intervals are to be interpreted will be added.

Additional information:

Normally the intervals of left-hand chords are read upward from the brailled note, but the correct direction for right-hand chords cannot be assumed. Current transcriptions read the right-hand chords from the top down, and a transcriber’s note is included to remind the braille reader of that direction. There is no such indication in older scores, however. An experienced braille reader can readily make the determination according to finger marks, harmonic logic, and other factors. To assist a less experienced reader, the proofreader must add a simple note to the file so that there will be no question about the direction in which the intervals are to be interpreted. The proofreader may also add other information to facilitate the less experienced reader’s understanding. Any such additions must be noted in the proofreader’s list of changes.

C.5. Schedule of Events and Deliverables

Specific requirements and delivery schedules will be identified in each task order.

The Contractor shall provide program management and oversight of this contract and all task orders issued hereunder to include:

1. Quality control of services and deliverables

2. Detailed invoicing with itemized prices.

3. Regular meetings with the Contracting Officer Representative (COR) and other Library staff members to discuss contract issues and the status of the work streams, documentation and minutes of key discussion points/decisions.

The Contractor must provide a Quarterly Status Report (QSR) to the COR regarding performance on each active order under this contract. The QSR may be in contractor-format, but shall include as a minimum a summary description of each active order, the obligated value and potential value (including any options), period of performance, schedule of deliverables identifying which have been completed and which are due, and any outstanding issues.

C.6. Staffing

Transcribers, proofreaders, and editors under each IDIQ shall be designated as key personnel and must:

(1) Be Library of Congress certified in braille transcription;

(2) Hold a braille music certification, full level for most tasks, or a minimum of associate level for selected tasks;

(3) Experience transcribing or proofreading braille.

(4) Knowledge of literary braille (EBAE, UEB),

(5) Knowledge of music braille (as it was done in the past, as well as current rules),

(6) Some knowledge of French, German, Italian, Spanish, etc., as well as styles of classical and popular European and American music from various eras.

Additional Key Personnel may be identified on individual task orders. All key personnel must be approved by the Government COR prior to the start of any task. In the event of a vacancy in a Key Personnel position, the contractor shall identify a qualified replacement within 14 days of the vacancy and provide a copy of the proposed replacement personnel’s resume to the COR.

C.7. Government Furnished Property and Information (GFP and GFI)

The Library will identify specific GFP or GFI in each task order, or may require the contractor to purchase materials for transcription on behalf of the Library (see Section B.6). All contractor-acquired materials shall become property of the Library. Unless otherwise stated in the task order, all GFI, GFP and contractor-acquired materials shall be returned/delivered to the Library upon conclusion of the task order requirements.

C.8. Intellectual Property and Data Rights

The Library shall retain the right to reuse, distribute, or copy any contractor deliverables that are created under any task order issued under this IDIQ contract in accordance with Library clause LC52.227-1 as incorporated in this contract.

C.9. Organizational Conflict Of Interest

In the event that NLS requires support to proofread or edit materials that are transcribed under this contract, the original transcription contractor will have a conflict of interest with regard to completion of proofreading and editing a document that they originally transcribed. Contract awardees will not be permitted to submit proposals or perform work associated with proofreading and editing prior transcriptions.

LCNLS23D0013 Section D

SECTION D - PACKAGING AND MARKING

D.1 LC52.231-1 PAYMENT OF POSTAGE FEES (MAY 2015)

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 Contractor.

(End of Clause)

LCNLS23D0013 Section E

SECTION E - INSPECTION AND ACCEPTANCE

INSPECTION & ACCEPTANCE

Inspection and acceptance under this contract will be in accordance with FAR 52.212-4 - Contract Terms and Conditions – Commercial Items.

All deliverables furnished under this IDIQ contract and associated task orders are subject to being reviewed by NLS quality control specialists for accuracy and adherence to NLS 800 Specifications. Deliverables must meet 99% accuracy that will be calculated as the percentage of braille cells that are required in each transcription.

Additional inspection and acceptance criteria may be specified in each task order.

LCNLS23D0013 Section F

SECTION F - DELIVERIES OR PERFORMANCE

FAR Number Title Date

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

52.242-15 STOP-WORK ORDER AUG 1989

F.1 LC52.215-5 PLACE AND PERIOD OF PERFORMANCE (JAN 2019)

Place of Performance: Contractor Facility

The overall period of performance shall be as stated in section B.

The contractor is responsible for determining its hours of operation in fulfilling the requirements of this contract. The Library’s standard operating hours are from 8:30 AM through 5:30 PM, Monday through Friday, excluding Federal holidays. The contractor shall coordinate with the COR for any work to be conducted at Library facilities.

(End of Clause)

SHIPPING EXPENSES – FOB DESTINATION

LC52.211-1 Deliveries

All deliveries submitted to the COR or the CO or other Library personnel designated to receive deliverables shall clearly indicate the following information:

a. Agency/Requiring Library Service Unit and Mail Stop/Room Number

b. Description of information/data/materials being submitted

c. Contract or IDIQ Number

d. Order Number

e. Date of Shipment

f. Itemized list of contents

g. COR Name at the Library

d. Contractor Name and Address

All Library provided materials shall be returned to the following address:

The Library of Congress

National Library Services for the Blind and Print Disabled

1291 Taylor St NW

Washington, DC 20542

LCNLS23D0013 Section G

SECTION G - CONTRACT ADMINISTRATION DATA

This contract will be administered by:

Library Contracting Officer: Robinson, James

Address: Contracts & Grants Directorate

Library of Congress

LA 325

Washington DC 20540-9411

Phone: (202) 707-9053

Email: jarobinson@loc.gov

Library Contract Specialist: Curl, Brian

Address: Contracts & Grants Directorate

Library of Congress

LA 325

Washington DC 20540-9411

Phone: (202) 707-3090

Email: bcurl@loc.gov

LCNLS23D0013 Section G

G.1 LC52.232-1A LIBRARY OF CONGRESS INVOICE INSTRUCTIONS (OCT 2016)

The Contractor must prepare and submit invoices electronically to: nlsadmin@loc.gov. The Contractor may submit payment requests using other than electronic means only when alternate procedures are authorized by the contracting officer in writing.

LCNLS23D0013 Section H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 LC52.201-1 CONTRACTING OFFICER'S REPRESENTATIVE (COR) APPOINTMENT AND

AUTHORITY (JAN 2016)

(a) Performance of work under this contract is subject to the technical direction of the COR. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the contract are accomplished satisfactorily.

(b) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the “Changes” clause of this contract;

(3) Causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(c) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR.

If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (b) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(e) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the “Disputes” clause of this contract.

(End of Clause)

H.2 LC52.203-1 CONTRACTOR PUBLICITY (OCT 2013)

The Contractor, or any entity or representative acting on behalf of the Contractor, may not refer to the equipment or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such equipment or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government will consider institution of all remedies available under applicable law.

LCNLS23D0013 Section H

H.3 LC52.237-2 CONDUCT OF WORK (MAY 2015)

The personnel employed by the Contractor shall be capable employees qualified in this type of work. The Contractor shall be responsible for all damage to Library property by the activities of his employees resulting from these operations.

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

(End of Clause)

H.4 LC52.237-1 KEY PERSONNEL (AUG 2014)

The personnel designated as key personnel in this contract are considered to be essential to the work being performed hereunder. At least 30 days prior to diverting any of the specified individuals to other programs or contracts or as soon as possible if an individual must be replaced, for example, as a result of leaving the employ of the contractor, the contractor shall notify the contracting officer and identify proposed substitutions. No diversion or substitution shall be made by the contractor without written consent of the contracting officer.

The following personnel have been identified as Key Personnel in the performance of this contract:

Position/Labor Category Name

LCNLS23D0013 Section I

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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 request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

FAR Number Title Date

52.203-3 GRATUITIES APR 1984

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

DEC 2022

52.232-25 PROMPT PAYMENT JAN 2017

52.233-1 DISPUTES MAY 2014

52.242-13 BANKRUPTCY JUL 1995

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN

2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) 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 products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 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 (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111– 117, section 743 of Div. C).

[X] (8) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117–328).

[X] (9) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C.

2313).

[] (11) [Reserved]

[] (12) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (13) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (14) [Reserved]

[] (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (18)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (19)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (20) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (22) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[] (23) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (24) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (25) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (27) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (29) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

[X] (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (31)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (32)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JUL 2014) of 52.222-35.

[] (33)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JUL 2014) of 52.222-36.

[] (34) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (37) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (38)(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.)

[] (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (41)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (42)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (44)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (45) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (47) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (48)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (49)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (50)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (51) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (53) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[] (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[] (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[] (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.

4505, 10 U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.

3332).

[] (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (APR 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) 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 products and commercial services:

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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 relating 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 products or commercial services. Unless otherwise indicated 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 (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-

235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117– 328).

(vi) 52.219–8, Utilization of Small Business Concerns (OCT 2022) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ix) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(x) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xi) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

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

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiv)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxii) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.

(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

I.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within any time during the performance of this contract.

I.4 LC52.201-2 ORDERING OFFICERS (OCT 2013)

(a) Contracting officer’s ordering representatives, “Ordering Officers,” specifically designated for this contract are authorized to place orders expressly within the terms and conditions of this contract and not exceeding the simplified acquisition threshold. Ordering Officers under this contract may not place standard orders and are only authorized to place orders using the Government Purchase Card.

(b) Specifically, Ordering Officers may not:

(1) Make any changes to the terms or conditions of the contract or agreement;

(2) Order or accept supplies or services not expressly within the scope of the contract or agreement;

(3) Issue instructions to the contractor to perform work that is outside the scope of the contract or agreement;

(4) Split purchases to avoid single purchase limits specified in the ordering officer’s designation letter; or

(5) Further delegate Ordering Officer authority.

(c) The Library is not obligated to pay for orders for products or services not included within the scope of this contract and clause.

(d) The following Library employees are designated as the contracting officer’s ordering officers under this contract:

Name Title Contact Information

(End of Clause)

I.5 LC52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DEV) (FEB

2016) FAR 52.212-4, Contract Terms and Conditions – Commercial Items. The clause is modified as follows:

(1) The Library will apply FAR 52.243-1 (Changes – Fixed Price) to any changes under this contract instead of section (c).

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

(3) 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.

(End of Clause)

I.6 LC52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (DEV) (MAY 2015)

FAR 52.212-5, The clause is modified as follows:

(1) The Librarian of Congress has the same rights and access provided to the Comptroller General in FAR 52.212-5.

(End of Clause)

I.7 LC52.232-25 PROMPT PAYMENT (DEV) (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 follows:

(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 Payment clause at FAR 52.232-25 as modified by the Library.”

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

(End of Clause)

I.8 LC52.233-1 52.233-1 (DEV) DISPUTES (MAY 2014)

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:

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.

(End of Clause)

I.9 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 09/01/2023 through 03/01/2029.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

I.10 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $250,000;

(2) Any order for a combination of items in excess of $250,000; or

(3) A series of orders from the same ordering office within 14 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 14 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the…