Solicitation 030ADV22R0034.docx

030ADV22R0034 Section M

PAGE 1 OF

1. 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.

DUNS:

DUNS+4:

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

RQLGD20220059

See SCHEDULE

030ADV22R0034

Lucas, Tiffany

(202) 707-5688 04-27-2022

12:00 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

101 Independence Av SE

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

See CONTINUATION Page

See CONTINUATION Page

Lucas, Tiffany

Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

CLIN 0001: Base Year - Cataloging in Publication Services Contract Period: Base POP Begin: 06-30-2022 POP End: 06-29-2023

CLIN 0101: Option Year I - Cataloging in Publication Services Contract Period: Option 1 POP Begin: 06-30-2023 POP End: 06-29-2024

CLIN 0201: Option Year II - Cataloging in Publication Services Contract Period: Option 2 POP Begin: 06-30-2024 POP End: 06-29-2025

CLIN 0301: Option Year III - Cataloging in Publication Services Contract Period: Option 3 POP Begin: 06-30-2025 POP End: 06-29-2026

CLIN 0401: Option Year IV - Cataloging in Publication Services Contract Period: Option 4 POP Begin: 06-30-2026 POP End: 06-29-2027

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

This is a solicitation to issue a firm fixed price (FFP) contract.

030ADV22R0034 Section B (End of Clause)

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

The Acquisitions and Bibliographic Access (ABA) Directorate acquires materials for the Library of Congress (LC) in all formats and in all subjects, except technical agriculture and clinical medicine, from all over the world. The U.S. Programs, Law, and Literature (USPRLL) Division and the U.S. Arts, Sciences, and Humanities (USASH) Division acquire materials for the Library and have oversight of the Cataloging in Publication Program.

The Cataloging in Publication (CIP) Program is a national program of the Library of Congress with a mission to provide catalog records in advance of publication as a service to the nation’s libraries. It works directly with U.S. publishers to receive an electronic version of book galleys or key information about their forthcoming titles to create the pre-publication metadata. It serves as both a metadata creation program for forthcoming U.S. titles and a source of new acquisitions for the Library of Congress’ collections. The CIPs require BIBCO-level cataloging, including full description according to Resource Description & Access (RDA), creation and updating as needed of name authority records in the LC/Name Authority Cooperative Program (NACO) Name Authority File, and the assignment of Library of Congress Classification (LCC), Library of Congress Subject Headings (LCSH), and Sears Subject Headings.

In FY2020, 2,772 publishers participated in the CIP Program and 53,253 CIP records were cataloged. The metadata created for the CIP Program are disseminated by the Library through various distribution channels and become the principal source of cataloging for new U.S. publications for the nation’s libraries. The Library of Congress receives a copy of each title processed through the program in exchange for providing CIP bibliographic data to publishers. In return for the CIP metadata, publishers are required to include the Library of Congress’ branded CIP Data Block on the verso of the title page or Copyright page of their books. The materials received through the CIP Program constitute some of the Library’s most important receipts and are assigned the highest priority for book processing. The materials directly support the Library’s mission to serve Congress and a high percentage of the works circulate to Members and their staffs.

USPRLL and USASH are responsible for creating the pre-publication metadata for the galleys received through the CIP Program. Up until May 2017, the Library promised a three-week turnaround time in creating pre-publication metadata for galleys received from publishers. Unfortunately, due to the success and growth of the program, it has been difficult for the two divisions to meet this timeline resulting in some CIP data being created after the publication of works. Therefore, the desired CIP Data Block does not appear in the pieces nor is the valuable information available by the publishers or libraries for their cataloging needs.

The end-of-year average of approximately 5,000 titles (pre-pandemic) for un-cataloged CIP requests is high compared to the number of records created by LC staff. Various factors influence the number of requests that LC staff are able to process and serve as the impetus for this contract. As the CIP workload is addressed, typical competing factors (processing physical materials, other onsite tasks and duties, etc.) along with post- pandemic conditions resulting in a potential decrease in telework will impact the number of titles staff will process. Further, ABA anticipates future large-scale training efforts to introduce BIBFRAME and a RDA update to our staff that undoubtedly will result in decreased title production across the board, including to the priority 1 CIP works. Our goal with this contract is to lower the amount of pending title requests in the pipeline and to maintain currency with publishers’ deadlines. This contract will help the ABA Directorate reach that goal. It is estimated that the contractor will be responsible for preparing pre-publication metadata for 2,508 CIP titles over a 12-month period.

This project relates directly to the Library’s mission to provide access to materials that assist Congress in its legislative work and facilitates the advancement of knowledge. It helps fulfill one of LC’s strategic goals by creating catalog records that contribute to the development and preservation of an expansive and universal collection of knowledge. It ensures that materials accumulated at the highest collecting levels possible are available for Congress’ use, and it furthers research endeavors. Additionally, processing these works will positively impact the Library’s relationship with the U.S. publishing community, who rely on the metadata for marketing and other purposes. Moreover, the contract will allow for the metadata to be made available sooner to libraries that rely on it as their source of copy cataloging.

C.2. SCOPE. The contractor shall provide cataloging services and process bibliographic control records for English-language materials in all subject areas in the CIP workflow, excluding children’s literature titles, which require special treatment.

C.3. REQUIREMENTS. The contractor shall provide cataloging services and process bibliographic control records for English language materials in the PrePub Book Link. The contractor shall have expert knowledge of and access to the RDA, LCSH, LCC, and Machine – Readable Cataloging (MARC 21). The contractor must have knowledge of and access to the following tools to supply the required bibliographic information: The Cataloger’s Desktop, RDA Tool Kit, Classification Web, and Sears Subject Headings. The contractor must also be a NACO member.

The Contracting Officer Representative (COR) will determine the bibliographic records to be processed.

C.3.1. PREPUB BOOK LINK (PPBL) PROCESSING

In the PrePub Book Link, the contractor shall:

1. Catalog 2,508 titles each year; 209 titles per month

2. Perform searching for each title to be processed to prevent creation of duplicate records

3. Complete the cataloging for full-level RDA bibliographic records for English language materials in all subject areas, except Children’s Literature titles

4. Supply the required descriptive elements, LCC, LCSH, and Sears Subject Headings for monographic materials being cataloged

5. Analyze the materials accurately so that they are identified appropriately with specified access points

6. Check authority control of headings used in access points

7. Create and update as needed name authority records in the LC/NACO Name Authority File

8. Identify potential new LCSH and Classification numbers, referring to a contact at the Library to determine whether a new heading or classification number may be needed. The contractor will not be responsible for submitting proposals for new subject headings or classification numbers.

9. Demonstrate knowledge of the cataloging procedures by accurately applying them to all complexities of the work

The shelflisting and assignment of Dewey Decimal Classification numbers will be performed by staff in USPRLL and USASH. The processing work will be assigned by Library of Congress staff.

The contractor shall perform the work on-site or remotely in PrePub Book Link. If performed remotely, the contractor must have access to OCLC, Inc.’s Connexion platform and the LC/NACO Name Authority File for completed bibliographic records to be uploaded via PrePub Book Link to the Library’s ILS cataloging module. Otherwise, the contractor must work on-site in order to have access to Library internal systems. Appropriate security protocols will be followed to allow for this access to occur.

C.4. STAFF QUALIFICATIONS/SKILLS. The contractor shall designate a project manager as key personnel to be the point of contact for the discussion of any concerns with the COR. The contractor shall provide personnel with cataloging knowledge and computer skills to complete the work and meet or exceed the expectations described in this contract.

C.4.1. PROJECT MANAGER QUALIFICATIONS/SKILLS. The Project Manager is considered key personnel and shall have the following qualifications/skills:

1. Knowledge and understanding of standard cataloging practices.

2. Two years of experience managing large scale cataloging contracts for collections containing more than 3,000 items.

3. Two years of experience managing staff who have worked in an Integrated Library Management System.

4. Two years of experience managing projects involving the cataloging of English language.

5. Ability to provide LC RDA Core Records in MARC 21 Format based on standard cataloging practices for creating metadata; an understanding and ability to use RDA, the RDA Tool Kit, LCSH and related manuals, LCC and related manuals, Classification Web, Sears Subject Headings, and LC/NACO name authority work; and demonstrate their familiarity with the use of Cataloger’s Desktop.

6. Experience with providing accurate reporting of cataloging production.

C.4.2. CATALOGER QUALIFICATIONS/SKILLS. Catalogers are considered non key personnel and shall have the following qualifications/skills:

1. Broad subject expertise and language skills for the material to be processed.

2. Five years of experience working with the RDA, LCSH, LCC, MARC 21, Sears Subject Headings, Cataloger’s Desktop, and the RDA Toolkit.

3. Ability to provide LC RDA Core Records in MARC 21 Format based on standard cataloging practices for creating metadata; an understanding and ability to use RDA, the RDA Tool Kit, LCSH and related manuals, LCC and related manuals, Classification Web, Sears Subject Headings, LC/NACO name authority work; and demonstrate their familiarity with the use of Cataloger’s Desktop.

4. Thorough knowledge and understanding of standard cataloging practices and applications in Voyager or OCLC Connexion.

5. Focused attention to detail and the ability to follow standard procedures in the physical handling and processing of materials.

6. Skills for reading, analyzing and transcribing the works in English language.

C.5. MEETING AND REPORTING. The contractor shall participate in meetings requested and coordinated by the COR. Meetings will be held in person at the Library or via Zoom or another video-conferencing system as specified by the COR. The contractor shall participate in a kick-off meeting within (5) days of the period of performance start date. All contractor Key Personnel shall attend.

The contractor shall submit to the COR in electronic format, a report of the Library of Congress Control Numbers (LCCNs) completed on a weekly basis, with a monthly accumulation of the completion totals. The COR shall approve the template that can be used by the contractor to report cataloging production to the COR.

C.6. SCHEDULE OF EVENTS/DELIVERABLES

With a monthly accumulation on the 5th of each month.

C.7. QUALITY PLAN. The contractor shall develop and maintain an effective quality assurance (QA) plan to ensure services are performed in accordance with the Statement of Work. The proposed plan is subject to the Library’s approval. The final QA plan shall be submitted to the COR within thirty (30) days from the period of performance start date. After acceptance of the QA plan, the contractor shall receive the COR’s acceptance in writing of any proposed change to its QA plan. Failure to maintain the QA Plan in accordance with the plan submitted and approved by the Library may result in the Government's termination of the contract for default.

The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QA plan is the means by which it assures itself that its work complies with the requirement of the contract. The contractor will be responsible for monitoring the quality of the work performed by its staff. The COR will monitor the quality of the work performed by the contractor. Successful performance of work shall be measured by an error rate of less than five percent (5%) of all aspects of work described herein within 30 days of commencing work. An accuracy of ninety-five percent (95%) or higher is the expected level of performance. The COR will monitor the quality of the work performed by the contractor.

C.8. GOVERNMENT FURNISHED PROPERTY.

If the contractor works on-site, the Library will provide the contract employee(s) with a workstation, Library controlled personal computer with mouse, access to Library systems and cataloging programs needed to perform their work, and other office supplies routinely required for the processing of Library systems as needed.

C.9. CONTRACTOR FURNISHED PROPERTY.

If the contractor works remotely, the contractor shall provide their own property to complete the work. The contractor shall access the external instance of PrePub Book Link. The is the same access as used by individuals participating in the CIP Partnership Program.

C.10. PHASE IN /PHASE OUT PERIOD. To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the contractor shall have personnel on board, during the thirty (30) day phase in/phase out periods. During the phase in period, the contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

030ADV22R0034 Section C

SECTION D - PACKAGING AND MARKING

D.1 LC52.211-1 DELIVERIES (APR 2015)

All deliveries submitted to the CO or the COR 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 being submitted

c. Contract Number

d. Contractor Name and Address (End of Clause)

D.2 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.

030ADV22R0034 Section D (End of Clause)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

030ADV22R0034 Section E Inspection and acceptance under this contract will be in accordance with paragraph (a) Inspection and Acceptance of FAR 52.212-4 Contract Terms and Conditions – Commercial Items (NOV 2021).

SECTION F - DELIVERIES OR PERFORMANCE

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

F.1.1. PLACE OF PERFORMANCE

Location 1 (On-site work):

Library of Congress 101 Independence Ave SE Washington, DC 20540

Location 2 (Remotely):

At the contractor’s facility.

F.2. PERIOD OF PERFORMANCE

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

F.3. HOURS OF OPERATION

The Library’s standard operating hours are from 8:30 AM through 5:00 PM, Monday through Friday, excluding federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings.

The contractor is responsible for determining its hours of operation in fulfilling the requirements of this contract. The contractor is responsible for conducting business onsite at the Library of Congress between the hours of 6:30 am and 8:00 pm Monday through Fridays, except Federal Holidays or when the government facility is closed for administrative reasons.The contractor shall coordinate with the COR for any work to be conducted at Library facilities.

F.4 ACCESS TO LIBRARY FACILITIES

Due to the COVID-19 pandemic, access to the Library’s facilities is being restricted for the health and safety of all parties.

On-site work under this contract shall not begin until the Contractor receives a notification from the COR or Contracting Officer to proceed with authorization to access Library facilities. Once the notification is obtained and access to Library facilities is granted, the parties agree to adjust the start and completion date of the contract if necessary to align with the notification to proceed date. The adjusted period of performance shall not exceed the number of days in total of the initial performance period as documented in Section B of this award. Any changes to the contract schedule or other terms must be in writing by a contracting officer.

The Contractor shall be expected to comply with all of the Library's COVID-19 pandemic health guidance and protocol.

The Library's up to date information can be found at:

https://www.loc.gov/about/pandemic-information/for-contractors/ https://www.loc.gov/about/pandemic-information/for-public/

030ADV22R0034 Section F (End of Clause)

SECTION G - CONTRACT ADMINISTRATION DATA

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

This contract will be administered by:

Library Contracting Officer: Lucas, Tiffany Address: Contracts & Grants Directorate Library of Congress

Phone: (202) 707-5688 Email: tluc@loc.gov

Library Contract Specialist: Montague, Monica Address: Contracts & Grants Directorate Library of Congress

Phone: (202) 707-9173 Email: momo@loc.gov

Library Contracting Officer Representative:

Address: Provided at time of award Provided at time of award Provided at time of award

Provided at time of award Phone:

Email:

Contractor Contract Administrator: Provided at time of award Address: Provided at time of award Provided at time of award Provided at time of award Provided at time of award

Phone:

Email:

G.2 LC52.204-5 IDENTIFICATION AND BUILDING PASSES (DEC 2014)

(a) The Contractor shall schedule with the COR time for contractor staff to be available to receive Library-issued photo identification badges prior to starting work.

(b) The Contractor shall provide instruction and ensure that each employee performing work under this contract displays their photo-identification badges at all times they are present on-duty in the building. Refusal or repeated neglect to display the photo-identification may result in an unsuitability determination.

(c) Upon termination, resignation or other event leading to a contract employee leaving duty under this contract, the Contractor is responsible for returning all Government identification, building passes, keys, and other Government property issued to that employee. Failure on the part of the Contractor may result in the Contractor’s liability for all costs associated with correcting the resultant breach in building security.

(d) The requirements of this clause are applicable to and shall be observed by all subcontractors who perform work at all Library of Congress facilities.

(e) The Contractor shall ensure that all employees, both directly employed and subcontracted, contractor’s and sub-contractors, obtain Library ID badges. Badges shall be visibly displayed at all times while in Library premises. The Library will issue badges without charge. Contractor shall accurately maintain a list of employee badge number on the Employee Roster and provide updates to the COR upon request. An employee’s badge shall be returned within 5 days from the termination of that employee’s employment. All badges shall be returned at the completion/termination of the contract.

(End of Clause)

G.3 LC52.232-1 LIBRARY OF CONGRESS INVOICE INSTRUCTIONS (OCT 2016)

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: ippgroup@bos.frb.org 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.4 LC52.232-2 SCHEDULE OF PAYMENTS (JUN 2015)

The contractor may submit invoices for payment upon successful performance of the services described in Section C, and after COR acceptance of the work, pursuant to the standards and acceptance criteria defined in this contract.

The contractor may catalogue more or less titles in a given month but must invoice for the completed amount.

030ADV22R0034 Section G (End of Clause)

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.

(End of Clause)

H.3 LC52.204-1 COLLECTIONS SECURITY (DEC 2013)

(1) The Library is a public institution responsible for making its resources (collections and staff) available to the Congress and the American people. To achieve a balance between access and security, the Library requires everyone (staff, visitors, interns, contractors, etc.), to always use due diligence and protect its assets during use.

(2) Physical access to Library collections is limited to staff and/or determined by the host office. In addition, established requesting processes in the various readings rooms must be followed.

(3) Loan Privileges. Contractor employees may obtain loans of Library property for internal use and Library work-related purposes.

i. Loan of Library Property. All loans of Library property must be approved and documented by the host Library Services office. Contractor staff shall obtain a Library “General Pass” (Form LW 12/54 (rev2/88)) for each loan.

ii. Liability – Loss or Damage of Library Property. Use or loan of all Library property and signature on this contract means that the contractor acknowledges and agrees to:

(a) ensure the return all Library property issued in the same condition as borrowed;

(b) accept responsibility and liability for the negligent loss or damage of issued or borrowed Library property; and

(c) ensure that the loaned property is used for Library purposes and not loaned to any other person.

(End of Clause)

H.4 LC52.204-2 CONDUCT ON LIBRARY PREMISES (JUL 2021)

1. Access to Library buildings and grounds is governed by 36 C.F.R. part 702 - Conduct on Library Premises. Contractor staff must comply with these requirements and restrictions and related Library of Congress Regulations and Directives.

2. The Library is committed to preventing and addressing all forms of discriminatory harassment and to ensuring that Equal Employment Opportunity (EEO) principles are fundamental to Library culture. Everyone — employees, interns, volunteers, contractors, researchers, and visitors — is expected to help make the Library a respectful environment free from offensive behavior.

a. Library of Congress employees, contractors, interns, volunteers, researchers, patrons, and other visitors have a right to Library facilities that are free from discrimination based on their race, color, national origin, religion, sex, sexual orientation, gender identity, age (40 and over), disability, genetic information, union affiliation, political affiliation, or marital status.

b. The Library does not tolerate discrimination – including sexual harassment, other forms of harassment, or a hostile work environment – based on these factors. The Library does not tolerate retaliation against anyone who engages in any form of protected EEO activity.

c. Contractor (including subcontractor) staff alleged to have engaged in discrimination or retaliation in the performance of this contract may be prohibited from entering Library facilities to perform work under their contracts. Contractors are required to promptly respond to all Library inquiries into allegations of discrimination, and must, in good faith, cooperate with Library investigations. Good faith cooperation includes, but is not limited to, making contractor staff available for:

1. Formal and informal interviews by Library agents investigating allegations of discrimination;

2. Reviewing and signing appropriate affidavits or declarations summarizing statements provided by such contractor staff during the course of an investigation;

3. Producing documents requested by the Library agents conducting the investigation; and

4. Preparing for and providing testimony in depositions or in administrative hearings.

(End of Clause)

H.5 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.6 LC52.204-4 CONTRACTOR EMPLOYEE FITNESS (JAN 2022)

“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 and information technology systems will require completion and successful vetting of a security application request (release forms, fingerprints, and, if applicable, E-QIP background investigation.) Contracts should anticipate a minimum of two weeks for the process, provided no adverse of incomplete information is received.

(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 e-qip site at: www.opm.gov/e-qip. 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.7 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:

Project Manager

Alternate Project Manager

H.8 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.

030ADV22R0034 Section H

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

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

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

(6) 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:

[X] (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. 2402).

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

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved] [] (14)(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.

[] (15)(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.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (NOV 2021) (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.

[] (18)(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.

[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

[] (24) 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 (SEP 2021) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

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

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(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] (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (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.)

[] (37)(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.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(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.

[] (41)(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.

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

[] (43)(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] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[] (48) 52.225-1, Buy American—Supplies (NOV 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (JAN 2021) of 52.225-3.

[] (iii) Alternate II (JAN 2021) of 52.225-3.

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

[] (50) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 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).

[] (52) 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. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.