RFP 030ADV24R0022.pdf

THIS SECTION IS THE PRE-SOLICITATION NOTICE (ID# PRE-030ADV24R0022) POSTED ON SAM.GOV ON 01/31/2024 UNDER PRODUCT SERVICE CODE (PSC) 7A21-IT AND TELECOME- BUSINESS APPLICATION

SOFTWARE.

Requirements of this future solicitation will seek a Brand Name or Equal survey software platform per FAR

52.211-6. READ BELOW FOR FULL SUMMARY DETAILS OF THIS OPPORTUNITY.

BACKGROUND

The Library of Congress (Library) is the nation’s first established cultural institution and the largest library in the world, with millions of items including books, recordings, photographs, maps and manuscripts in its collections. The Library’s Human Capital Directorate (HCD) is charged with providing Library leadership and staff with expert consultation and guidance on the full range of human capital tactics, strategies and methods to ensure a high performing organization across the Library of Congress.

HCD accomplishes their mission by regularly surveying staff and patrons via online surveys to evaluate customer service, gather information from Library staff, and assess the quality of programs offered to Library staff. The LOC presents and disseminates information from these surveys via Tableau, a visualization/reporting tool currently used by multiple Library service units to aid Library management in the decision-making processes. Additionally, HCD utilizes Solutions Business Manager (SBM) process application platform by Micro Focus to carry out essential business functions and integrates with existing Survey Monkey surveys to measure customer service satisfaction.

Since 2008 Survey Monkey has been utilized to create approximately 500 surveys with their associated data for the Library for this requirement. Currently, contract LCHRS23P0001 is held by Survey Monkey to provide 20 Survey Monkey Enterprise License (Annual subscription to a single seat on the SurveyMonkey Platform Enterprise plan. Each seat includes unlimited responses and access to all platform features including Advanced Branching (e.g. page and question logic), Piping and Multilingual Support). LCHRS23P0001 is for a total of $16,500.00 with a period of performance of 06/01/2023-05/31/2024. This contract was awarded following the posting of a sole source/ name brand justification posted to SAM.gov in May 2023, with the caveat future solicitation must be competed.

SCOPE

HCD seeks a brand name (Survey Monkey) or equal enterprise-level Software-as-a-Service (SAAS) survey platform that enables authorized staff to:

Prepare and administer online surveys, Analyze survey responses, and Publish reports that integrate data presentation, data analytics and data visualization.

The brand name or equal enterprise-level SAAS survey platform solution is intended to be self-service, with a high ease-of-use for non-business intelligence experts. The solution package shall include annual technical support services.

SALIENT CHARACTERISTICS OF NAME BRAND

1. FUNCTIONAL FEATURES - The vendor cloud hosted survey platform provided must include the following:

a. Ability to allow users to prepare and administer online surveys:

i. Users must have access to pre-existing professionally designed survey templates.

ii. Surveys created must allow the user the ability to create advanced types of surveys such as nested questions, multi-layer questions and benchmarkable questions.

iii. Surveys created must include multiple types of launching methods such as via link, share, embed, text messaging, and offline devices.

iv. The surveys must have the ability to provide anonymous responses.

b. Allow specified users to analyze survey responses. Functionality for data review shall include online and download/export into excel, pdf, and csv. Data review shall allow filtering by differing criteria such as collection method and questions and responses.

c. Ability for users to publish reports that integrate data presentation, data analytics, and data visualization.

2. INTEROPERABILITY FEATURES

The platform shall be capable of fully integrating with Tableau and SBM.

Software updates must synchronize with Tableau and SBM software.

ADDITIONAL INFORMATION (Dates may be earlier or later depending on actual solicitation posting)

Offeror questions are due February 27, 2024, at 3:00 P.M. Eastern Standard Time (EST). Questions related to this solicitation must be submitted using Attachment J2- Questions Template and emailed to the Contracting Officer, Betsy Lewis-Matsuoka, at bmatsuoka@loc.gov, and the Contract Specialist, Riley Leonhardt, at rleonhardt@loc.gov. All questions will be collected, and questions and answers will be posted to SAM.gov as an amendment to the RFP. The Library will provide answers to questions of a substantive nature to all offerors. The Library will not guarantee answers to questions received after the required question submittal date/time. Responses to offeror questions will be posted as an amendment to this page as soon as possible following the question due date listed above.

Proposals are due March 08, 2024, 3 P.M. EST. All proposals shall be submitted electronically via email to the Contract Specialist (CS), Riley Leonhardt at rleonhardt@loc.gov and to the Contracting Officer (CO), Betsy Lewis-Matsuoka at bmatsuoka@loc.gov no later than March 08,2024, 3 P.M. EST with the title "[INSERT OFFEROR NAME] Proposal for 030ADV24R0022- HCD Enterprise Survey Platform".

Proposal Overview

For offerors proposing a “OR EQUAL” (non-Survey Monkey) software solution there is a two-step proposal process for this solicitation as follows:

1. LOC evaluators will examine the Proposal Volume I- Technical Approach and the offeror’s completed Attachment J2- Survey Platform Technical Capabilities Form to determine if the proposed “OR EQUAL” (non-Survey Monkey) software solution’s technical capability can meet the salient characteristics of the name brand solution (Survey Monkey) as listed in Section C.3.2 of the solicitation.

2. Those offerors who are determined by the initial evaluation to be acceptable (acceptable=able to meet the salient characteristics of the name brand solution (Survey Monkey)) will be scheduled to demonstrate their proposed software solution’s ability to meet salient characteristics of the name brand solution (Survey Monkey) as listed in Section C.3.2 for the LOC evaluators.

Demonstration/Presentation shall occur as follows:

The LOC will provide offerors with a data set one day prior to their scheduled Presentation timeslot so that offerors can demonstrate the following:

o The creation of advanced types of surveys such as nested questions, multi-layer questions and benchmarkable questions from the provided data set.

o The creation of reports that integrate data presentation, data analytics, and data visualization from the provided data set.

Offerors shall also be presented with any LOC questions from review of their technical proposal prior to their scheduled presentation to answer during the presentation.

Presentation time shall be limited to one hour in total to include a questions and answers period. Offerors shall not discuss pricing or price quotes during the presentation.

Final evaluation of offerors will occur following scheduled presentation in accordance with the factors listed in Section M.2 LC52.215-2 Evaluation - Best Value Trade-Off. of the solicitation.

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 ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE 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. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

18b. SUBMIT INVOICES 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 ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED 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 PRINT) 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

030ADV24R0022 02-20-2024

Lewis-Matsuoka, Betsy (202) 707-0170 03-08-2024 3pm EST

Contracts and Grants Directorate Library of Congress

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

X

N/A

X

DELIVERY

See Sections D&F for delivery instructions.

Contracts & Grants Directorate Library of Congress 101 Independence Ave SE 101 Independence Av SE Washington DC 20540-9411

Submit Invoices through https://www.ipp.gov Washington DC 20540

See CONTINUATION Page

0.00 See CONTINUATION Page

X X

Lewis-Matsuoka, Betsy

030ADV24R0022

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 LC52.212-2 SUPPLEMENTAL LICENSE AGREEMENTS (JUL 2017)

B.2 LC52.216-3 CONTRACT TYPE (JUN 2016)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION F - DELIVERIES OR PERFORMANCE

F.1 DELIVERY SCHEDULE

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 LC52.201-3 CONTRACT ADMINISTRATION (AUG 2015)

G.2 LC52.232-1 LIBRARY OF CONGRESS INVOICE INSTRUCTIONS (DEC 2022)

G.3 LC52.232-2 SCHEDULE OF PAYMENTS (JUN 2015)

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 LC52.204-3 INFORMATION SYSTEMS SECURITY (SEP 2018)

H.4 LC52.204-4 CONTRACTOR EMPLOYEE FITNESS (AUG 2023)

H.5 LC52.239-5 SYSTEMS HOSTED BY EXTERNAL HOSTING PROVIDERS (SEP 2018)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

I.2 52.233-1 DISPUTES (MAY 2014)

I.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2023)

I.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

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)

030ADV24R0022

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

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

L.2 LC52.215-1 PROPOSAL SUBMISSION INSTRUCTIONS - BEST VALUE TRADE-OFF (JUL 2016)

L.3 LC52.233-2 PROTESTS TO THE LIBRARY OF CONGRESS (DEC 2013)

SECTION M - EVALUATION FACTORS FOR AWARD

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

M.2 LC52.215-2 EVALUATION - BEST VALUE TRADE-OFF (FEB 2020)

030ADV24R0022 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 LC52.212-2 SUPPLEMENTAL LICENSE AGREEMENTS (JUL 2017)

The Library does not agree to licensing agreements or any other provisions that attempt to: (1) replace an order as the governing contract; (2) establish new or supplemental payment terms; or, (3) affect the legal relationships of the parties.

Notwithstanding any clauses in this contract or order, or the contractual vehicles against which the order is placed, that establish order of precedence, the rights and obligations provided by this contract or order take precedence over the rights and obligations set forth in any licensing agreements provided to the Library.

The Library’s incorporation of a licensing agreement into this contract or order excludes all terms of the licensing agreement that contravene, modify or conflict with the terms of 36 C.F.R. 701.7 available at: https://www.ecfr.gov/cgi-bin/text-idx?SID=87a865ce2bd109313a951a3d477895d8&mc=true&node=se36.3.701_17&rgn=div8.

(End of Clause)

B.2 LC52.216-3 CONTRACT TYPE (JUN 2016)

This is a Firm-Fixed-Price contract.

(End of Clause)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 20.00 EA ________________ ________________

Survey Tool Subscription - Base Year Contract Period: Base POP Begin: 06-01-2024 POP End: 05-31-2025

0002 1.00 LOT _________________ ________________

OPTIONAL CLIN IF PROPOSING AN OR EQUAL SOLUTION: Survey Tool Implementation Services- Base Year Contract Period: Base POP Begin: 06-01-2024 POP End: 05-31-2025

0003 20.00 EA ________________ ________________

Option Year 1: Survey Tool Subscription Contract Period: Option 1

030ADV24R0022 Section B

POP Begin: 06-01-2025 POP End: 05-31-2026

0004 20.00 EA ________________ ________________

Option Year 2: Survey Tool Subscription Contract Period: Option 2 POP Begin: 06-01-2026 POP End: 05-31-2027

0005 20.00 EA ________________ ________________

Option Year 3: Survey Tool Subscription Contract Period: Option 3 POP Begin: 06-01-2027 POP End: 05-31-2028

0006 20.00 EA ________________ ________________

Option Year 4: Survey Tool Subscription Contract Period: Option 4 POP Begin: 06-01-2028 POP End: 05-31-2029

GRAND TOTAL ________________

030ADV24R0022 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 OVERVIEW

The Library of Congress (Library) is the nation’s first established cultural institution and the largest library in the world, with millions of items including books, recordings, photographs, maps and manuscripts in its collections. The Library’s Human Capital Directorate (HCD) is charged with providing Library leadership and staff with expert consultation and guidance on the full range of human capital tactics, strategies and methods to ensure a high performing organization across the Library of Congress.

HCD accomplishes their mission by regularly surveying staff and patrons via online surveys to evaluate customer service, gather information from Library staff, and assess the quality of programs offered to Library staff. The LOC presents and disseminates information from these surveys via Tableau, a visualization/reporting tool currently used by multiple Library service units to aid Library management in the decision-making processes. Additionally, HCD utilizes Solutions Business Manager (SBM) process application platform by Micro Focus to carry out essential business functions and to measure customer service satisfaction.

HCD has previously utilized the SurveyMonkey Platform Enterprise to prepare and administer online surveys, analyze survey responses, and publish reports that integrate data presentation, data analytics and data visualization.

C.2 SCOPE

HCD seeks an enterprise-level Software as a Service (SAAS) survey platform that enables authorized staff to:

Prepare and administer online surveys;

Analyze survey responses, and Publish reports that integrate data presentation, data analytics and data visualization.

The solution is intended to be self-service, with a high ease-of-use for non-business intelligence experts.

The solution package shall include annual technical support services.

C.3 REQUIREMENTS

C.3.1 KICKOFF MEETING

The contractor shall conduct a kickoff meeting with the Contracting Officer Representative (COR) and project stakeholders after award to review an initial project plan/timeline to address all aspects of platform delivery and support, as well as configuration implementation/data migration, if required.

C.3.2 SALIENT CHARACTERISTICS

C.3.2.1. The vendor cloud hosted survey platform provided must include the following functional features:

A. Ability to allow users to prepare and administer online surveys,

i. Users must have access to pre-existing professionally designed survey templates.

ii. Surveys created must allow the user the ability to create advanced types of surveys such as nested questions, multi-layer questions and benchmarkable questions.

iii. Surveys created must include multiple types of launching methods such as via link, share, embed, text messaging, and offline devices.

iv. The surveys must have the ability to provide anonymous responses.

B. Allow specified users to analyze survey responses. Functionality for data review shall include online and download/export into excel, pdf, and csv. Data review shall allow filtering by differing criteria such as collection method and questions and responses.

C. Ability for users to publish reports that integrate data presentation, data analytics, and data visualization.

C.3.2.2 INTEROPERABILITY FEATURES

The platform shall be capable of fully integrating with Tableau and SBM.

Software updates must synchronize with Tableau and SBM software.

C.3.3 SURVEY PLATFORM LICENCES

The contractor shall furnish the following survey platform enterprise licenses for a base year and four option years in accordance with Section B of the contract.

Product Description Licenses Quantity

Survey Platform Enterprise Licenses 20

C.3.4 SOFTWARE IMPLEMENTATION and INTEGRATION (IF REQUIRED)

The contractor shall configure and deploy the SAAS to the Library’s specifications for non-Survey Monkey solutions.

Implementation of a non-Survey Monkey solution shall include the following:

C.3.4.1 Implementation Plan

The contractor shall provide a draft Implementation plan at the kickoff meeting for LOC stakeholder review. The contractor shall update the project plan based on requirements gathered for the survey data migration (approximately 500 existing surveys and their associated data) and implementation during requirements-gathering/configuration sessions. This plan shall include all required working sessions, configuration activities, testing, implementation into production, issue and problem resolution, and training of the Library staff.

C.3.4.2 Working Sessions with Library Staff for Migration/implementation

The contractor shall lead working sessions with Library staff to perform requirements gathering for required configurations within the survey SAAS subscription environment – this will include review of Library workflows to develop and documentation technical specifications and solutions for configurations based on Library business requirements.

C.3.4.3 Execution and implementation into production

After LOC approval in the test environment, the contractor shall configure for testing, perform the testing, and then release into production as applicable for LOC requirements.

C.3.4.4 Issue Resolution and Maintenance

The contractor shall resolve issues and problems with configurations after rollout, and work with end users and SMEs to support resolution within the designated period of performance to ensure capability of maintenance activities by Library SMEs.

C.3.5 SAAS TECHNICAL SUPPORT

The contractor shall provide annual software technical support services for the software. Software Technical Support must include:

Technical guidance for product-related questions.

Virtual support via a live helpdesk chat, email, and phone number with ability to remote access the Library systems for troubleshooting.

Case manager support Problem resolution Bug reporting and fixes Software maintenance/patches.

API and Integration support with Tableau and SBM to ensure maintenance of functionality.

C.4 SCHEDULE OF EVENTS/DELIVERABLES

Requirements Paragraph Reference

Description of Event/ Deliverable

Due Date/Frequency

C.3.1 Kickoff Meeting & Initial Project Plan, Timeline, and Configuration Approach as needed

10 days after contract start date

C.3.2 SAAS Survey Platform with functional features as described ongoing

C.3.3 SAAS Survey Platform Licenses ongoing

C.3.4.1 Updated project plan (as needed) Ongoing, as needed.

C.3.4.2 Working Sessions with LOC Stakeholders and SMEs as needed

Per project plan

C.3.4.3 Implementation in production of customizations as defined by configuration sessions

Per project plan

C.3.4.4 Issue resolution and maintenance of implemented configurations

Per project plan

C.3.5 SAAS Technical Support Ongoing, as needed

(End of Statement of Work)

030ADV24R0022 Section F

SECTION F - DELIVERIES OR PERFORMANCE

F.1 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001 20.00

0002 1.00

0003 20.00

0004 20.00

0005 20.00

0006 20.00

030ADV24R0022 Section G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 LC52.201-3 CONTRACT ADMINISTRATION (AUG 2015)

This contract will be administered by:

Library Contracting Officer: Lewis-Matsuoka, Betsy

Address: Contracts & Grants Directorate

Library of Congress

101 Independence Ave SE

Washington DC 20540-9411

Phone: (202) 707-0170

Email: bmatsuoka@loc.gov

Library Contract Specialist: Leonhardt, Riley

Address: Contracts & Grants Directorate

Library of Congress

101 Independence Ave SE

Washington DC 20540-9411

Phone: (202) 707-0714

Email: rleonhardt@loc.gov

Library Contracting Officer Representative:

Address: Provided at time of award

Provided at time of award

Phone:

Email:

030ADV24R0022 Section G

Contractor Contract Administrator: Provided at time of award

Address: Provided at time of award

Provided at time of award

Phone:

Email:

G.2 LC52.232-1 LIBRARY OF CONGRESS INVOICE INSTRUCTIONS (DEC 2022)

The Contractor must prepare and submit invoices electronically to: https://www.ipp.gov. The Contractor may submit payment requests using other than electronic means only when alternate procedures are authorized by the contracting officer in writing. Assistance is available via the IPP Help Desk via email at: ippcustomersupport@fiscal.treasury.gov or by commercial telephone at (866) 973-3131. Invoices shall contain the information required in FAR 52.212-4, paragraph (g).

(End of Clause)

G.3 LC52.232-2 SCHEDULE OF PAYMENTS (JUN 2015)

The contractor must submit invoices for payment upon delivery of the items or successful performance of the events identified below pursuant to the standards and acceptance criteria defined in this contract.

ITEM

NUMBER ITEM DESCRIPTION PAYMENTS

0001 Survey Tool Subscription - Base Year $

0002 OPTIONAL CLIN: Survey Tool Implementation Services- Base Year

0003 Option Year 1: Survey Tool Subscription $

0004 Option Year 2: Survey Tool Subscription $

0005 Option Year 3: Survey Tool Subscription $

0006 Option Year 4: Survey Tool Subscription $

Contract Total $

(End of Clause)

030ADV24R0022 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.

H.3 LC52.204-3 INFORMATION SYSTEMS SECURITY (SEP 2018)

(1) Computer Security Policy. The Library requires anyone using or accessing its digital assets (including networks, servers, workstations, systems, data, web pages, and email) to protect them and use them only for official business, and only in accordance with Library regulations and applicable Library bargaining agreements. Unauthorized or inappropriate use may be grounds for termination or other contractual remedy.

(2) Privacy Policy. No one has the right to privacy while using any Library computer system, including internet or email services. Usage may be monitored.

(3) Level of Access. The Host Office will determine the level of access to the Library’s IT equipment, staff and software needed to successfully perform under this Contract. Access may include, for example, email, word processing, internet, and intranet.

(4) Mandatory IT Security Training. Contractor personnel must successfully complete mandatory information systems security training prior to use of or access to any of the Library’s digital assets. The required training is available online at http://www.loc.gov/extranet/cld/. Contractor staff with access to Library digital assets shall complete the information systems security training annually. The training is available on the Library intranet at: http://www.loc.gov/staff/cld/.

(End of Clause)

H.4 LC52.204-4 CONTRACTOR EMPLOYEE FITNESS (AUG 2023)

“Contractor employee fitness” means fitness based on character and conduct for work for or on behalf of the Government as a contractor employee.

Work under this contract is unclassified. However, the Library of Congress has a contractor employee fitness program, which includes background investigations of contractor personnel who will have 1) regular, ongoing, unescorted access to the Library’s buildings, grounds, or collections, 2) access to Library information technology systems, and/or 3) access to Library information not available to the public including information determined to be Controlled Unclassified Information (CUI) to ensure they meet basic standards of honesty and trustworthiness pursuant to Library regulations.

(1) Any access to non-public Library facilities, Library information technology systems, or non-public Library information will require completion and successful vetting of a security application request (release forms, fingerprints, and, if applicable, a full background investigation). Contractors should anticipate a minimum of two weeks for the process, provided all requested information is timely, accurate and complete and that no adverse information is received.

(2) The Library does not determine the fitness of employees to work for the contractor firm that hires them. The Library’s interest is in determining whether contractor personnel should be granted greater access than the general public to Library facilities, Library information technology systems and/or non-public Library information.

(3) To facilitate the fitness determination, contractors shall submit complete and accurate information as identified on the National Background Investigation Services (NBIS)’s eAPP https://www.dcsa.mil/Systems-Applications/NBIS-eApp- NBIS-Agency/) as provided by the Personnel Security Division. Contractors should anticipate a minimum of two weeks for the process, provided all requested information is timely, accurate and complete and that no adverse information is received.

(4) The contractor will ensure the Library’s Personnel Security Division is notified of all changes to personnel performing work on this contract. The Personnel Security Division can be notified at the following email address:

PSD@loc.gov and contacted via phone at: (202) 707-5618.

(5) The fact that the Library may conduct background investigations on assigned contractor personnel does not relieve the contractor of the responsibility to provide qualified, reliable personnel of sound character and conduct.

(6) The Library may require removal of contractor staff from Library facilities and revocation of access to Library information technology systems and non-public Library information if investigative results raise concerns regarding a contractor employee’s fitness. In such cases, the Contracting Officer or Contracting Officer Representative (COR) will notify the contractor of the unfit determination and need for the contractor employee to return all government equipment such as badges, keys and network tokens if issued. Contractor management staff may be required to escort the contractor employee from the premises.

(End of Clause)

H.5 LC52.239-5 SYSTEMS HOSTED BY EXTERNAL HOSTING PROVIDERS (SEP 2018)

For any non-Library of Congress owned and operated systems supporting a hosted application, including cloud services, security devices, shared servers, backup devices, and management systems, the Contractor shall provide:

(a) Design documentation demonstrating that the environment is Federal Risk and Authorization Management Program (FedRAMP) compliant

(b) Assessment and Authorization documentation for the operating environment

(c) Documented test results, including individual test items, showing that the applications, hosting platforms and associated management systems have implemented the minimum security controls per FIPS 199) of the system.

(d) Access for the Library to conduct scanning, security testing and assessment, and penetration testing of the operating environment, including support for any remediation issues in accordance with the Library policy on remediation documented in Library of Congress Directive (LCD) 5-410.1, Information Technology Security Policy.

(e) The contractor shall sign a Memorandum of Understanding (MOU)/Interconnection Security Agreement (ISA) with the Library of Congress in accordance with NIST SP 800-47, Security Guide for Interconnecting Information Technology Systems. This may be an addendum to the contract between the Library and the Contractor.

030ADV24R0022 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

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

I.2 52.233-1 DISPUTES (MAY 2014)

(a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

(b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or related to this contract shall be resolved under this clause.

(c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C. chapter 71. The submission may be converted to a claim under 41 U.S.C. chapter 71, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

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

(2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor."

(3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim.

(e) For Contractor claims of $100,000 or less, the contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(f) The Contracting Officer's decision shall be final unless the contractor appeals or files a suit as provided in 41 U.S.C.

chapter 71.

(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer.

(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in (FAR) 48 CFR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the ACT, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.

(End of Clause)

FAR Number Title Date

52.243-1 CHANGES—FIXED-PRICE AUG 2018

I.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

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

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

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

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

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

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

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

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

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

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

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

destination.

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s)…