Solicitation 030ADV25R0015 - 03102025.pdf

PAGE 1 OF1. REQUISITION NO.

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

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

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET 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

030ADV25R0015 03-10-2025

Samuel, Ramon (202) 707-3086 04-07-2025

12:00PM EST

Contracts and Grants Directorate Library of Congress

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

X

N/A

X

DELIVERY

See Section F for delivery instructions.

Contracts & Grants Directorate Library of Congress

LA 325

101 Independence Av SE Washington DC 20540-9411

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

See CONTINUATION Page

0.00 See CONTINUATION Page

X X

X 1

Samuel, Ramon

030ADV25R0015

Table of Contents

SECTION A

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

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

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

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

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

D.2 LC52.231-1 PAYMENT OF POSTAGE FEES (MAY 2015)

SECTION F - DELIVERIES OR PERFORMANCE

Section F

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

SECTION G - CONTRACT ADMINISTRATION DATA

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

G.2 LC52.204-5 IDENTIFICATION AND BUILDING PASSES (SEP 2024)

G.3 LC52.232-1 LIBRARY OF CONGRESS INVOICE INSTRUCTIONS (DEC 2022)

G.4 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 LC52.204-1 COLLECTIONS SECURITY (DEC 2013)

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

H.5 LC52.204-3 INFORMATION SYSTEMS SECURITY (JUL 2024)

H.6 LC52.204-4 CONTRACTOR EMPLOYEE FITNESS (SEP 2024)

H.7 LC52.204-27 HANDLING OF FEDERAL RECORDS (JUL 2021)

H.8 LC52.209-1 CONFLICTS OF INTEREST (OCT 2013)

H.9 LC52.237-1 KEY PERSONNEL (AUG 2014)

H.10 LC52.237-2 CONDUCT OF WORK (MAY 2015)

H.11 LC52.239-1 INFORMATION SECURITY (APR 2021)

H.12 LC52.244-1 SUBCONTRACT NOTIFICATION (OCT 2016)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

I.2 52.216-18 ORDERING (AUG 2020)

I.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.7 LC52.216-2 FAIR OPPORTUNITY (FEB 2020)

I.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

I.9 LC52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DEV) (FEB 2016)

I.10 LC52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS - COMMERCIAL ITEMS (DEV) (MAY 2015)

I.11 LC52.232-25 PROMPT PAYMENT (DEV) (JUL 2013)

I.12 LC52.233-1 52.233-1 (DEV) DISPUTES (MAY 2014)

I.13 LC52.227-1 ASSIGNMENT OF COPYRIGHT TO THE LIBRARY OF CONGRESS (DEC 2001)

I.14 LC52.228-70 INSURANCE REQUIREMENTS - WORK ON LIBRARY PREMISES (DEC 2014)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J List of Attachments

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

K.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

K.3 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (JUN 2020)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 Clarifications and Questions

L.2 Multiple Award

L.3 Submission of Proposals

52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

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

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 Evaluation Factors for Award

030ADV25R0015 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 YR _______________

Auditing and Evaluation Services - Base Period Contract Period: Base POP Begin: 05-12-2025 POP End: 05-11-2026

0002 1.00 YR _______________

Auditing and Evaluation Services - Option Period 1 Contract Period: Option 1 POP Begin: 05-12-2026 POP End: 05-11-2027

0003 1.00 YR _______________

Auditing and Evaluation Services - Option Period 2 Contract Period: Option 1 POP Begin: 05-12-2027 POP End: 05-11-2028

0004 1.00 YR _______________

Auditing and Evaluation Services - Option Period 3 Contract Period: Option 1 POP Begin: 05-12-2028 POP End: 05-11-2029

0005 1.00 YR _______________

Auditing and Evaluation Services - Option Period 4

030ADV25R0015 Section B

Contract Period: Option 4 POP Begin: 05-12-2029 POP End: 05-11-2030

GRAND TOTAL _______________

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

This is a multiple award Indefinite Delivery Indefinite Quantity (IDIQ) contract. Orders issued under this contract may be placed on a Firm Fixed Price, Time and Material or Labor-Hour basis. Orders may be placed from time to time for services described in Section C during the contract’s period of performance.

B.1 Contract Minimum and Maximum Minimum: $5,000.00 Maximum: $5,000,000.00

The maximum aggregate value of all orders issued under this contract shall not exceed the maximum price.

Ceiling Price: Each Time and Material and Labor-Hour order will include a ceiling price that the Contractor must not exceed.

B.2 Labor Categories The Contractor shall provide rates for the labor categories listed in the Price Schedule attached at Section J-1. The rates shall be used to establish ceiling prices for orders placed on a Time and Materials and Labor-Hour basis and as a basis of establishing pricing for Firm Fixed Price orders.

(End of Clause)

030ADV25R0015 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C Statement of Work

1. Background

The Library of Congress (Library) Office of the Inspector General (OIG) requires services from an independent firm with expertise and experience performing audits, evaluations, and other reviews. The OIG functions within the Library as an independent, objective office with authority to: conduct and supervise audits, evaluations, investigations, and other reviews relating to the Library; provide leadership and coordination in recommending policies to promote economy, efficiency, and effectiveness; and inform the Librarian of Congress and the U.S. Congress about problems and deficiencies related to Library administration and operations.

The OIG requires a contractor that will provide audit, evaluations, inspections, attestations and other special review services.

2. Scope

Contractor shall provide independent audit, evaluation, and other review services for the Office of the Inspector General at the Library of Congress.

This contract does not include financial statement audits or information technology audits, evaluations or reviews, which are provided under separate contracts with the Library

3. Requirements

Library topics covered by the Contractor-provided auditing services include, but are not limited to:

a. Programs

b. Operations

c. Projects

d. Governance

e. Strategic planning

f. Management

3.1 The Contractor shall provide the services described below and further specified in the order:

(i) Performance Audits: Provide objective analysis, findings, and conclusions to assist management and those charged with governance and oversight with, among other things, improving program performance and operations, reducing costs, facilitating decision making by parties responsible for overseeing or initiating corrective action, and contributing to public accountability. Performance audits must be conducted in accordance with the Government Auditing Standards issued by the Government Accountability Office (GAO); these standards are commonly referred to as generally accepted government auditing standards (GAGAS).

(ii) Inspections and Evaluations: Provide systematic and independent assessments of the design, implementation, and results of operations, programs, or policies. Inspections and evaluations must be conducted in accordance with the Quality Standards for Inspection and Evaluation (Blue Book) issued by the Council of the Inspectors General on Integrity and Efficiency (CIGIE).

(iii) Attestation Engagements: Cover a broad range of financial or nonfinancial objectives about the subject matter or assertion depending on the users’ needs. In an attestation engagement, the subject matter or an assertion by a party other than the auditors is measured or evaluated in accordance with suitable criteria. The work performed and the level of assurance associated with the report vary based on the type of attestation engagement.1 OIG generally does not perform attestation engagements.

(iv) Other Special Review Services: Obtain limited assurance by obtaining sufficient, appropriate evidence about the measurement or evaluation of a subject matter against relevant criteria to express a conclusion about whether any material modifications should be made to be in accordance with the criteria.

3.2 The Contractor shall consider the following criteria in completing services under this contract:

• GAO’s Government Auditing Standards

• CIGIE’s Quality Standards for Inspection and Evaluation

• Federal Accounting Standards Advisory Board

Specific orders also will define applicable authorities within scope for the project, such as Library regulations, Library directives, and applicable federal laws or standards.

3.3 The Contractor shall not disclose documents, data, and other information for services completed under this contract.

Due to the sensitivity and confidentiality of much of the data, the Contractor shall maintain confidentiality of all documents, data, and other information under this contract. Confidentiality is essential for satisfactory contract performance.

1 See paragraph 1.18 of GAO’s Government Auditing Standards, GAO-24-106786, for a description of the three types of attestation engagements.

The Contractor assumes full responsibility for and guarantees the security of all documents, data, and other information supplied. The Contractor shall prevent any person other than the Contractor’s team members (or other person for whom access is necessary for the completion of the contract) from seeing or having access to information in the possession or under the control of the Contractor.

The Contractor shall prevent any person from disclosing the contents or description of documents, or information to any person not authorized under the contract to have access to such documents or information.

The Contractor shall submit to the Contracting Officer Representative (COR), an executed copy of a Non- Disclosure Agreement (NDA) for each Contractor staff person assigned to perform work prior to starting work for OIG under this contract. Any Contractor staff assigned to the contract at a later date must execute an NDA upon the assignment to the contract.

An NDA shall be binding with regard to information obtained at any time throughout the period of performance to the contract. A Contractor staff person whose employment is continuous need not execute a new NDA if his/her assignment to work related to the contract terminates but later resumes. Additional non-disclosure/confidentiality requirements may be necessary.

3.4 The Contractor’s staff shall take required Library sponsored online training (e.g., IT security, ethics, and records management) to comply with Library requirements.

3.5 The OIG has all rights to working papers, published works, and reports for orders issued under this contract, including the right to publicly distribute, as it deems necessary.

3.6 All subcontractors approved for use under this contract may be listed by name in all reports including all published reports.

4. Key Personnel and Staff Qualifications

A. Key Personnel:

The following positions are considered Key Personnel under this Indefinite Delivery/Indefinite Quantity (IDIQ) contract, Key Personnel for each order will be designated in the order.

i. Engagement Partner/Quality Review Partner

Any changes to key personnel must be approved by the Contracting Officer in accordance with LC52.237-1.

B. Contractor Staff Qualifications:

All contractor staff must individually have up-to-date continuing professional education as stipulated under GAGAS.

Further, Contractor staff for orders issued under this contract shall have knowledge and experience conducting audits within the Federal Government.

i. Key Personnel:

a. Engagement Partner/Quality Review Partner

The minimum experience requirements in this category include: a) being a Partner or Principal in the Contractor’s organization, b) having a minimum of ten (10) years of audit experience, of which at least five

(5) years relate to Federal government audits, and c) having a bachelor’s degree.

ii. Other Staff:

b. Audit Senior Manager

The minimum experience requirements in this category include: a) being an Audit Senior Manager in the Contractor’s organization, b) having a minimum of eight (8) years of audit experience, of which at least four

(4) years relate to Federal government audits, c) having a bachelor’s degree and d) being an active CPA in good standing with the AICPA and State Board.

c. Audit Manager/Principal

The minimum experience requirements in this category include: a) being an Audit Manager in the Contractor’s organization, b) having a minimum of six (6) years of audit experience, of which at least three

(3) years relate to Federal government audits, c) having a bachelor’s degree and d) being an active CPA in good standing with the AICPA and State Board.

d. Supervisory Senior Auditor

The minimum experience requirements in this category include: a) being a Senior Auditor in the Contractor’s organization, b) having a minimum of four (4) years of audit experience, of which at least three (3) years relate to Federal government audits, and c) having a bachelor’s degree that includes 24 semester hours in accounting.

5. Other Direct Costs

If travel is considered necessary for a particular project, the Contractor may include applicable travel expenses in the proposal for a particular order. All contractor travel and travel costs must be consistent with the substantive provisions of the Federal Travel regulations. The Government will not reimburse for local travel. The costs of allowable travel will be included in individual orders. Any travel must be approved in advance by the COR.

6. Government Furnished Property

At its discretion, the Library may provide Government Furnished Property (GFP) that the Contractor must return to the COR or OCIO’s IT helpdesk after the end of the period of performance of the contract or when no longer needed. GFP may include the following:

1) A pre-configured laptop with necessary licenses as applicable.

2) YubiKey security key.

3) Access to Library intranet and Network Systems as deemed necessary by the requirements of the contract.

4) Access to existing system documentation and subject matters, as applicable.

The contractor is responsible for any damage to GFP upon receipt by the Library. If the contractor is local to the DMV area, contractor will be expected to pick up GFP in person from the IT helpdesk. On a case-by-case basis, the Library may opt to pay for the cost of shipping GFP to the contractor. The contractor will be responsible for the cost of shipping GFP back to the Library.

As needed, the COR will provide any additional GFP and maintain a log describing the information, furnished equipment, and the return date.

030ADV25R0015 Section D

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.

030ADV25R0015 Section F

SECTION F - DELIVERIES OR PERFORMANCE

Section F

F.1 Deliverable Formats: All written deliverable products shall be submitted electronically in either Microsoft Office or Adobe formats for the COR’s review and comment.

F.2 Quality Standards: All deliverables must be suitable for forwarding to executive management, which includes professional analyses free from grammatical and typographical errors and in accordance with following general quality measures:

a) Accuracy – Deliverables shall be accurate in presentation, technical content, and adherence to accepted elements of style.

b) Clarity – Work products shall be clear and concise. Any/All diagrams shall be easy to understand and be relevant to the supporting narrative.

c) Consistency to Requirements – All work products must satisfy the requirements of the contract.

d) File Editing – All text and diagrammatic files shall be editable by the Library.

e) Format – Deliverables shall be submitted in media mutually agreed upon prior to submission.

f) Timeliness – Deliverables shall be submitted on or before the due date specified in this contract or as described in assigned tasks or submitted in accordance with a later scheduled date determined by or approved by the Library.

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

Place of Performance: The Library of Congress and Contractor’s office.

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

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

030ADV25R0015 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: Ramon Samuel

Address: The Library of Congress, Contracts and Grants Directorate, 101 Independence Ave., S.E.

Washington D.C. 20540-9414

Email: rsamuel@loc.gov

Library Contracting Officer Representative: TBD at Contract Award

Address:

Phone:

Email:

Contractor Contract Administrator: TBD at Contract Award

Address:

Phone:

Email:

G.2 LC52.204-5 IDENTIFICATION AND BUILDING PASSES (SEP 2024)

(a) The Contractor shall ensure that all contractor employees, both directly employed and subcontracted, contractors and sub-contractors, who will need regular, unescorted access to Library facilities obtain Library-issued photo identification badges. The Library will issue the ID badges without charge. The Contractor shall schedule with the COR time for contractor staff to be available to receive Library ID badges prior to starting work. The Contractor shall accurately maintain a list of contractor employee badge numbers and provide updates to the COR upon request.

(b) The Contractor shall provide instruction and ensure that each contractor employee performing work under this contract visibly displays their Library ID badge at all times they are present on-duty on Library premises. Refusal or repeated neglect to display the Library ID badge may result in removal from non-public Library premises and removal from the contract.

(c) Upon termination, resignation, contract completion, or other event leading to a contractor employee not requiring continued access to Library facilities under this contract, the Contractor is responsible for returning all Government identification, building passes, keys, and other Government property issued to that contractor employee within 5 business days from the termination of that contractor employee’s access. Failure on the part of the Contractor to return these materials may result in the Contractor’s liability for all costs associated with addressing the resultant security breach.

030ADV25R0015 Section G

(End of Clause)

G.3 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.4 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 in this contract pursuant to the standards and acceptance criteria defined in this contract and specified in orders issued under this contract.

030ADV25R0015 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 LC52.204-1 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 (JUL 2024)

(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 Library’s 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 staff must successfully complete mandatory information systems security training and access forms prior to use of or access to any of the Library’s digital assets.

(a) The required training is available on the Library’s learning management system, LOC Learn, at https://www.loc.gov/extranet/cld/. Library staff will provide further instructions upon onboarding.

(b) 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 https://www.loc.gov/staff/cld/.

(End of Clause)

H.6 LC52.204-4 CONTRACTOR EMPLOYEE FITNESS (SEP 2024)

“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 shall conduct 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. 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.

(1) Any access to non-public Library facilities, Library information technology systems, and/or non-public Library information will require a contractor employee fitness determination. All initial, existing, and reciprocal contractor employee fitness determinations will be subject to continuous vetting. Continuous vetting will vary based on position risk level. An example of continuous vetting is outlined in Trusted Workforce 2.0 (https://www.performance.gov/trusted-workforce/ and https://www.dcsa.mil/Personnel-Security/Continuous- Vetting/).

(2) A favorable contractor employee fitness determination requires completion and successful adjudication of a security application request (release forms, fingerprints, and a full background investigation). To facilitate the fitness determination, the prospective contractor employee shall submit to the Library complete and accurate information as identified on the National Background Investigation Services (NBIS)’s eAPP (https://eapp.nbis.mil) or other system as provided by the Personnel Security Division (PSD). 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. A background investigation generally will require that the candidate has cumulatively resided in the United States for at least three of the past five years. This requirement is subject to certain exceptions assessed on a case-by-case basis by PSD in accordance with established federal personnel vetting standards.

(3) After the contractor employee fitness determination, each contractor employee with a favorably adjudicated background investigation shall be enrolled in and subject to the Library’s continuous vetting process. Enrollment in the Library’s continuous vetting process also requires enrollment in the Federal Bureau of Investigation (FBI) Record of Arrest and Prosecution Background (“Rap Back”) program, which provides the Library with notification of any criminal activity by the enrollee. Upon enrollment in Rap Back, the Library shall provide each enrollee with a notification of their rights with respect to the collection and use of their fingerprints and to the accuracy of the information obtained from Rap Back, as well as a copy of the FBI Privacy Act Statement that describes how FBI may use their fingerprint images.

(4) The fact that the Library may conduct background investigations and continuous vetting on assigned contractor personnel does not relieve the contractor of the responsibility to provide qualified, reliable personnel of sound character and conduct. This includes providing contractor personnel who can maintain compliance with the Library’s requirement of a drug-free workplace and federal laws regarding controlled substances (see the Controlled Substances Act, 21 U.S.C.

§ 801 et seq. for the definition of controlled substances). In the event that drug testing is required for a contractor employee to obtain a favorable fitness determination, the contractor will be responsible for bearing the costs of such testing, conducting the testing in a manner consistent with federal vetting standards, which are based on the testing protocols published by the Substance Abuse and Mental Health Services Administration (SAMHSA), and providing the results to the Library.

(5) 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 or the contractor employee is non-compliant with the Library’s instructions or requests for information during the vetting process. In such cases, the Contracting Officer (CO) 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 Library premises.

(6) The contractor will ensure the COR and CO are notified of all changes to those contractor personnel performing work on this contract that require non-public access.

(End of Clause)

H.7 LC52.204-27 HANDLING OF FEDERAL RECORDS (JUL 2021)

(a) Definitions “Records,” as defined in 36 C.F.R. § 703.4(a), includes all books, papers, maps, photographs, reports, and other documentary materials, exclusive of materials in the Library’s collections, regardless of physical form or characteristics, made or received and under the control of the Library in pursuance of law or in connection with the transaction of public business, and retained, or appropriate for retention, by the Library as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the government or because of the informational value of data contained therein. The term refers only to such items in being and under the control of the Library. It does not include the compiling or procuring of a record, nor does the term include objects or articles, such as furniture, paintings, sculpture, three-dimensional models, structures, vehicles, and equipment. All data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Privacy Act of 1974 (5 U.S.C. 552a), as amended, and Library of Congress regulations at 36 CFR Part 703.

(b) Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs.

21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, Library of Congress regulations at 36 CFR Part 703 and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, Contractor shall manage and schedule records for disposition only as permitted by statute or regulation.

3. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or which is exempted from public disclosure by 36 C.F.R. 703.5.

4. The Library of Congress shall own the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which the Library of Congress shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227- 20.

5. In accordance with 36 CFR 1222.32, Contractor shall maintain and manage all records in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

6. The Contractor shall only remove records from the legal custody of the Library of Congress or destroy them in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report the event to the Contracting Officer.

7. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Library of Congress control unless otherwise directed by the Contracting Officer.

8. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract vehicle in accordance with instructions provided by the Contracting Officer. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

9. The Contractor shall not create or maintain any records containing any non-public Library of Congress information that are not specifically authorized by the contract.

10. All Contractor employees assigned to this contract who create, work with, receive, store, or otherwise handle records shall take Library of Congress-provided records management training. The Contractor shall be responsible for confirming training has been completed.

11. The Contractor shall obtain the Contracting Officer’s approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts.

12. The Contractor (and any sub-contractor) shall abide by Government and Library of Congress guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information. The Contractor shall immediately notify the Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment.

(c) Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract vehicle, and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

(End of Clause)

H.8 LC52.209-1 CONFLICTS OF INTEREST (OCT 2013)

The services required in performance of this contract involve access to non-public information and/or services that are closely associated with the performance of inherently governmental functions that may result in conflicts of interest related to this contract, other contracts, or future contracts for which the contractor may intend to compete. Federal Acquisition Regulation subpart 9.5 describes circumstances and provides illustrative examples of circumstances that may give rise to conflicts of interest.

The Contractor must identify to the contracting officer any conflicts of interest, actual or potential, that may reasonably be expected to arise in performance of this contract. The contractor must provide a detailed written description of the conflict of interest and a plan explaining any and all steps the Contractor will undertake to avoid or mitigate the conflict.

Failure to disclose actual or potential conflicts of interest may subject the Contractor to corrective action including but not limited to termination of this contract, debarment of the contractor, and/or other appropriate civil or criminal actions.

It is solely within the discretion of the Library to determine whether or not a conflict of interest exists and whether any mitigation plan submitted by the Contractor mitigates a conflict.

The Contractor shall include this clause in all subcontracts, consultant agreements, and lower tier subcontracts unless a waiver is granted by the Contracting Officer.

(End of Clause)

H.9 LC52.237-1 KEY PERSONNEL (AUG 2014)

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

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

Position/Labor Category Name

Engagement Partner/Quality Review Partner

(End of Clause)

H.10 LC52.237-2 CONDUCT OF WORK (MAY 2015)

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

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

(End of Clause)

H.11 LC52.239-1 INFORMATION SECURITY (APR 2021)

The work to be conducted is considered Controlled Unclassified Information (CUI) pursuant to National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53 (rev 4) or current version. The Contractor shall ensure that all non-public Library information processed under this contract shall be protected from unauthorized use and mishandling by the Contractor. Information includes both hard copy (paper) formats and soft copy (stored in electronic form, e.g., hard disks, tapes, flash drives, CD-ROM/CD-R, etc.)

(a) The Contractor shall store hard copies and soft copies contained on removable media (e.g., tapes, floppy disks, flash drives, CD-ROM/CD-R, etc.) in a government-approved storage container per the direction of the Contracting Officer Representative (COR) or the Library of Congress Project Manager when not under the direct control of Contractor Key Personnel.

(b) The Contractor shall treat any information developed on security vulnerabilities and any Government provided non-public information as “CUI”.

(c) The Contractor personnel shall label and protect this information as “Security Category: Moderate”, placing this designation in the footer.

(d) The Contractor shall ensure that all documents designated “Security Category: Moderate”, “Security Category:

High” and “Limited Official Use Only” are not emailed to or from an external email system. These documents may only be emailed between Library of Congress email accounts, or within a secured corporate email network.

(e) The Contractor shall ensure that all documents designated “Security Category: Moderate”, “Security Category:

High” and “Limited Official Use Only” are shredded, burned, or otherwise destroyed before being disposed of in accordance with applicable corporate and federal records management policies.

(f) The Contractor shall dispose of all documents designated “Security Category: Moderate”, “Security Category: High” and “Limited Official Use Only” remaining in the Contractor’s possession at the end of the contract term.

(g) The Contractor shall ensure that all Contractor workstations used to process Library information utilizes anti-virus and anti-spyware utilities that are configured to continuously monitor and to automatically update as well as having automatic operating system patching in place.

(h) The Contractor shall ensure that all Contractor workstations used to process Library information employ a firewall that can either be software running on the workstation or a stand-alone firewall that protects the workstation from unauthorized access from any other devices, including devices on the Contractor’s corporate network.

(i) The Contractor shall ensure that all Library information that is labeled “Security Category: Moderate”, “Security Category: High” and “Limited Official Use Only” is encrypted using a Federal Information Processing Standards Publication (FIPS) 140-2 validated application configured in FIPS mode. This includes information stored on internal hard drives and removable devices (e.g., CD-Rs, flash drives, etc.)

(j) The Contractor must provide a written list of anti-virus, anti-spyware, firewall, encryption products, versions and proof of licenses, along with the automatic operating system patching status, MAC address (if applicable) and user name for each system being used to process Library information.

(k) In accordance with NIST SP 800-61 (rev 2, as updated), the Contractor shall report to infosec@loc.gov, the Contracting Officer, and the COR any adverse events (adverse events are currently defined as events with a negative consequence, such as system crashes, packet floods, unauthorized use of system privileges, unauthorized access to sensitive data, and execution of malware that destroys data) that are computer security related or computer security incidents (computer security incident is currently a violation or imminent threat of violation of computer security polices, acceptable use policies, or standard security practices) concerning Library CUI within 24-hours of its discovery.

The contractor shall coordinate its response to such an event or…