SOLICITATION, OFFER AND AWARD

 

 

1. Certified for National Defense under BDSA Reg 2 and/or DMS Reg. 1

 

RATING

N/A

 

PAGE    

A-1 OF 88 PAGES

 

2. CONTRACT NO.

 

3. SOLICITATION NO.  

RFP S-LC00026

 

4. TYPE OF SOLICITATION

   Negotiated (RFP)

 

5. DATE ISSUED

                February 18, 2000

 

6. REQUISITION/PURCHASE NO.

 

7. ISSUED BY

    The Library of Congress

    Contracts & Logistics Service-FEDLINK

    101 Independence Avenue, SE

    Washington, DC 20540-9414

 

 

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

 

              

 

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

 

SOLICITATION

9.   Sealed offers in original and 3 copies for furnishing the supplies or services in The Schedule will be received at the place specified in Item 8, or if hand carried, in the depository listed in block 7, until 12:01 P.M. EDT 3/23/00 CAUTION-LATE submissions, modifications, and  withdrawals:  See Section L, Provision No. 52.214-7 or 52.215-1.  All offers are subject to all terms and conditions contained in this solicitation.

 

10. FOR INFORMATION CALL:

     

 

A. NAME

Janice Aiken

 

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(202) 707-0462

FAX (202) 707-0485

 

11. TABLE OF CONTENTS

 

(%)     Section                  Description                                                                           Page(s)

 

Part I   -           The Schedule

X A. Solicitation/contract form A 1-2

X B. Supplies or services and prices/costs B 3-15

X C. Description/specifications/work statement C 16-32

D. Packaging and marking D 33

X E. Inspection and acceptance E 34

X F. Deliveries or performance F 35

X G. Contract administration data G 36-45

X H. Special contract requirements H 46-48

 

Part II   -           Contract Clauses

X I. Contract clauses I 49-58

 

Part III  -           List of Documents, Exhibits and Other Attachments

J. List attachments J 59

 

Part IV   -          Representations and Instructions

X        K.          Representations, certifications and other statements

of offerors K 60-75

X L. Instructions, conditions and notices to offerors L 76-85

X M. Evaluation factors for award               M-86-88

 

 


 

SOLICITATION, OFFER AND AWARD

OFFER (Must be fully completed by offeror)

 

 

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

 

12.  In compliance with the above, the undersigned agrees, if this offer is accepted within ____ calendar days (90 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

 

13.  DISCOUNT FOR PROMPT PAY (See Section I, Clause No. 52.232-8)

 

             10 Calendar days

                   ______ %

 

           20 Calendar days

                 ______ %

 

          30 Calendar days

              _______ %

 

            ____ Calendar days

                    ______ %

 

14.  ACKNOWLEDGMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:

 

           AMENDMENT NO.

 

 

                    DATE

 

 

       AMENDMENT NO.

 

                        DATE

 

15.A NAME AND ADDRESS OF OFFEROR

 

16.  NAME AND TITLE OF PERSON AUTHORIZED          TO SIGN OFFER

 

 

Code:                    Facility:

 

DUNS NUMBER ____________________

 

15.B  Telephone No. (Include Area Code) _____________________

 

15.C  [ ] Check if remittance address is different from above.  Enter such address in schedule.

 

 

17.  SIGNATURE

 

18.  OFFER DATE:

 

AWARD (To be completed by the Government)

 

19.  ACCEPTED AS TO ITEMS NUMBERED                       

 

20. AMOUNT AWARDED

 

21.  ACCOUNTING AND                APPROPRIATION

 

 

22.  AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

     [ ] 10 U.S.C.  2304(c)  (     )                   [ ] 41 U.S.C.  253 (c)(0)

 

23.  SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM __________:

      (4 copies unless otherwise specified)

 

24.  ADMINISTERED BY (If other than Item 7)

 

25.  PAYMENT WILL BE MADE BY

 

 

 

26.  NAME OF CONTRACTING OFFICER       

     (type or print)

 

27.  UNITED STATES OF AMERICA

     (Signature of Contracting Officer)

 

 

 28.  AWARD DATE     

 

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

____________________________________________________________________________________________________________

EXCEPTION TO STANDARD FORM 33 (REV. 4/85)


 

PART I - THE SCHEDULE

 

SECTION B ‑ SUPPLIES OR SERVICES AND PRICE/COSTS

 

 

PRICES ARE FIRM AND NOT SUBJECT TO

INCREASE FOR THE PERFORMANCE PERIOD

OF THIS BASIC ORDERING AGREEMENT (BOA).

 

FEDLINK CUSTOMERS MAY SIGN BASIC

SOFTWARE AND DATABASE LICENSE

AGREEMENTS, HOWEVER, INCONSISTENCIES

WILL BE RESOLVED BY ORDER OF PRECEDENCE

AS STATED IN FAR 52.215-8.  STANDARD

CONTRACTOR ORDERING FORMS ARE NOT

APPLICABLE TO FEDLINK USERS.

CATALOGS OR BROCHURES PROVIDED BY THE

CONTRACTOR ARE TO BE USED FOR REFERENCE

PURPOSES ONLY.  PRICES, SERVICES,

TERMS, AND CONDITIONS, FOUND THEREIN

DO NOT APPLY TO THE EXTENT THAT THEY

MODIFY OR CONFLICT WITH THE PRICES,

SERVICES, TERMS AND CONDITIONS OF

THIS BASIC ORDERING AGREEMENT (BOA).

 

IT IS HEREBY CERTIFIED THAT THE PRICES

PROVIDED HEREIN DO NOT INCLUDE THE

PROVISION FOR THE SALE, LEASE, OR RENTAL

OF EQUIPMENT.  THE SERVICES SPECIFIED

IN SECTION B OF THIS AGREEMENT ARE THE

ONLY ONES THAT WILL BE PROVIDED DURING

THE PERFORMANCE PERIOD SPECIFIED.

 

IT IS HEREBY CERTIFIED THAT THE

MACHINE-READABLE VERSION OF SECTION B

PRICING IS IDENTICAL TO THE PRINTED

SECTION B PRICES IN EFFECT DURING THE

TERM OF THIS AGREEMENT.  ALL MODIFICATIONS

TO SECTION B PRICING, DURING THE TERM OF

THIS AGREEMENT, SHALL BE PROVIDED

IN BOTH  PAPER AND ELECTRONIC FORMAT

AS DESCRIBED IN SECTION L.3.2.

 

 

 

_________________________________________________


Signature of Certifying Officer

 

Base Year:  FY2001

 

 

B.1.      LOT 1 - FIRM ORDER SERVICES - SUBJECT, FORMAT, OR SOURCE SPECIALIZATION

 

The Publisher List Price is the price which the publisher has established and announced in its

catalog and/or other trade publications. This price shall not include freight pass through.

 

Vendors may subdivide categories to make pricing more precise (e.g., break Non-English Language

materials down by language.)

 

 

 

1100            CUSTOMER SPECIFIC VOLUME DISCOUNT: 

 

1101            Cumulative orders over $______________, additional ______ % discount on all orders.

 

1102            Cumulative orders over $______________, service fees waived.

 

 

1200            PUBLICATIONS

 

1210           SUBJECT SPECIALIZATIONS - Indicate a discount or service fee

as a percent change from publisher's list price.  For categories

priced as net (i.e. simple pass-through of publisher's list price),

indicate 0% discount.

 

 

1210a  General

 

a.1.            % Discount (-) or % Service fee (+):

a.1.1.  single copy __________ ______ _________ _______

a.1.2.  2 - 10 copies __________ ______ _________ _______

a.1.3.  11 - 25 copies __________ ______ _________ _______

a.1.4.  26 - 100 copies __________ ______ _________ _______

a.1.5.  101 + copies __________ ______ _________ _______

 

 

1210b  Juvenile and Young Adult.

 

b.1.            % Discount (-) or % Service fee (+):

b.1.1.  single copy __________ ______ _________ _______

b.1.2.  2 - 10 copies __________ ______ _________ _______

b.1.3.  11 - 25 copies __________ ______ _________ _______

b.1.4.  26 - 100 copies __________ ______ _________ _______

b.1.5.  101 + copies __________ ______ _________ _______


 

 

 

1210c  Business, Economics, and Finance.

 

c.1. %Discount (-) or % Service fee (+):

c.1.1.  single copy __________ ______ _________ _______

c.1.2.  2 - 10 copies __________ ______ _________ _______

c.1.3.  11 - 25 copies _________ ______ _________ _______

c.1.4.  26 - 100 copies __________ ______ _________ _______

c.1.5.  101 + copies __________ ______ _________ _______

 

 

1210d   Legal Publications.

 

d.1. % Discount (-) or % Service fee (+):

d.1.1.  single copy __________ ______ _________ _______

d.1.2.  2 - 10 copies __________ ______ _________ _______

d.1.3.  11 - 25 copies __________ ______ _________ _______

d.1.4.  26 - 100 copies __________ ______ _________ _______

d.1.5.  101 + copies __________ ______ _________ _______

 

 

1210e   Medical and Allied Health Publications.

 

e.1. % Discount (-) or % Service fee(+):

e.1.1.  single copy __________ ______ _________ _______

e.1.2.  2 - 10 copies __________ ______ _________ _______

e.1.3.  11 - 25 copies __________ ______ _________ _______

e.1.4.  26 - 100 copies __________ ______ _________ _______

e.1.5.  101 + copies __________ ______ _________ _______

 

 

1210f    Scientific/Technical Publications.

 

f.1. % Discount (-) or % Service fee (+):

f.1.1.  single copy __________ ______ _________ _______

f.1.2.  2 - 10 copies __________ ______ _________ _______

f.1.3.  11 - 25 copies __________ ______ _________ _______

f.1.4.  26 - 100 copies __________ ______ _________ _______

f.1.5.  101 + copies __________ ______ _________ _______

 

1210g   Social Science/Humanities.

 

g.1. % Discount (-) % or Service fee (+):

g.1.1.  single copy __________ ______ _________ _______

g.1.2.  2 - 10 copies __________ ______ _________ _______

g.1.3.  11 - 25 copies __________ ______ _________ _______

g.1.4.  26 - 100 copies __________ ______ _________ _______

g.1.5.  101 + copies __________ ______ _________ _______


 

 

1210h  Other Subject Specialization (Specify).

 

h.1. % Discount (-) or % Service fee:

h.1.1.  single copy __________ ______ _________ _______

h.1.2.  2 - 10 copies __________ ______ _________ _______

h.1.3.  11 - 25 copies __________ ______ _________ _______

h.1.4.  26 - 100 copies __________ ______ _________ _______

h.1.5.  101 + copies __________ ______ _________ _______

 

 

1220            FORMAT OR SOURCE SPECIALIZATIONS

 

Indicate a discount or service fee as a percent change

from publisher's list price.  For categories priced at

net (i.e. simple pass-through of publisher list price)

indicate 0% discount.

 

 

1220a   Trade, Trade Paperback.

 

a.1. % Discount (-) or % Service fee (+):

a.1.1.  single copy __________ ______ _________ _______

a.1.2.  2 - 10 copies __________ ______ _________ _______

a.1.3.  11 - 25 copies __________ ______ _________ _______

a.1.4.  26 - 100 copies __________ ______ _________ _______

a.1.5.  101 + copies __________ ______ _________ _______

 

 

1220b  Textbook, Textbook Paperback.

 

b.1. % Discount (-) or % Service fee (+):

b.1.1.  single copy __________ ______ _________ _______

b.1.2.  2 - 10 copies __________ ______ _________ _______

b.1.3.  11 - 25 copies __________ ______ _________ _______

b.1.4.  26 - 100 copies __________ ______ _________ _______

b.1.5.  101 + copies __________ ______ _________ _______

 

 

1220c   Mass Market Paperback.

 

c.1. % Discount (-) or % Service fee (+):

c.1.1.  single copy __________ ______ _________ _______

c.1.2.  2 - 10 copies __________ ______ _________ _______

c.1.3.  11 - 25 copies __________ ______ _________ _______

c.1.4.  26 - 100 copies __________ ______ _________ _______

c.1.5.  101 + copies __________ ______ _________ _______


 

 

 

 

 

1220d   Reference.

 

d.1. % Discount (-) or % Service fee (+):

d.1.1.  single copy __________ ______ _________ _______

d.1.2.  2 - 10 copies __________ ______ _________ _______

d.1.3.  11 - 25 copies __________ ______ _________ _______

d.1.4.  26 - 100 copies __________ ______ _________ _______

d.1.5.  101 + copies __________ ______ _________ _______

 

 

1220e   Reprints/Back Issue Sets.

 

e.1. % Discount (-) or % Service fee (+):

e.1.1.  single copy __________ ______ _________ _______

e.1.2.  2 - 10 copies __________ ______ _________ _______

e.1.3.  11 - 25 copies __________ ______ _________ _______

e.1.4.  26 - 100 copies __________ ______ _________ _______

e.1.5.  101 + copies __________ ______ _________ _______

 

 

1220f    Audio-Visual.

 

f.1. % Discount (-) or % Service fee (+):

f.1.1.  single copy __________ ______ _________ _______

f.1.2.  2 - 10 copies __________ ______ _________ _______

f.1.3.  11 - 25 copies __________ ______ _________ _______

f.1.4.  26 - 100 copies __________ ______ _________ _______

f.1.5.  101 + copies __________ ______ _________ _______

 

 

1220g   Multimedia.

 

g.1. % Discount (-) or % Service fee (+):

g.1.1.  single copy __________ ______ _________ _______

g.1.2.  2 - 10 copies __________ ______ _________ _______

g.1.3.  11 - 25 copies __________ ______ _________ _______

g.1.4.  26 - 100 copies __________ ______ _________ _______

g.1.5.  101 + copies __________ ______ _________ _______

 

1220h   Non-English Language.

 

h.1. % Discount (-) or % Service fee (+):

h.1.1.  single copy __________ ______ _________ _______

h.1.2.  2 - 10 copies __________ ______ _________ _______

h.1.3.  11 - 25 copies __________ ______ _________ _______

h.1.4.  26 - 100 copies __________ ______ _________ _______

h.1.5.  101 + copies __________ ______ _________ _______


1220i    Out of Print.

 

i.1. % Discount (-) or % Service fee (+):

i.1.1.  single copy __________ ______ _________ _______

i.1.2.  2 - 10 copies __________ ______ _________ _______

i.1.3.  11 - 25 copies __________ ______ _________ _______

i.1.4.  26 - 100 copies __________ ______ _________ _______

i.1.5.  101 + copies __________ ______ _________ _______

 

1220j    Association, Society Presses.

 

j.1. % Discount (-) or % Service fee (+):

j.1.1.  single copy __________ ______ _________ _______

j.1.2.  2 - 10 copies __________ ______ _________ _______

j.1.3.  11 - 25 copies __________ ______ _________ _______

j.1.4.  26 - 100 copies __________ ______ _________ _______

j.1.5.  101 + copies __________ ______ _________ _______

 

 

1220k  Foreign Presses.

 

k.1. % Discount (-) or % Service fee (+):

k.1.1.  single copy __________ ______ _________ _______

k.1.2.  2 - 10 copies __________ ______ _________ _______

k.1.3.  11 - 25 copies __________ ______ _________ _______

k.1.4.  26 - 100 copies __________ ______ _________ _______

k.1.5.  101 + copies __________ ______ _________ _______

 

 

1220l            Government Documents.

 

l.1. % Discount (-) or % Service fee (+):

l.1.1.  single copy __________ ______ _________ _______

l.1.2.  2 - 10 copies __________ ______ _________ _______

l.1.3.  11 - 25 copies __________ ______ _________ _______

l.1.4.  26 - 100 copies __________ ______ _________ _______

l.1.5.  101 + copies __________ ______ _________ _______

 

 

1220m  Small Presses.

 

m.1. % Discount (-) or % Service fee (+):

m.1.1.  single copy __________ ______ _________ _______

m.1.2.  2 - 10 copies __________ ______ _________ _______

m.1.3.  11 - 25 copies __________ ______ _________ _______

m.1.4.  26 - 100 copies __________ ______ _________ _______

m.1.5.  101 + copies __________ ______ _________ _______


 

 

 

 

1220n   University Presses.

 

n.1. % Discount (-) or % Service fee (+):

n.1.1.  single copy __________ ______ _________ _______

n.1.2.  2 - 10 copies __________ ______ _________ _______

n.1.3.  11 - 25 copies __________ ______ _________ _______

n.1.4.  26 - 100 copies __________ ______ _________ _______

n.1.5.  101 + copies __________ ______ _________ _______

 

 

1220o  Other Format or Source Specialization (Specify).

 

o.1.  % Discount (-) or % Service fee (+):

o.1.1.  single copy __________ ______ _________ _______

o.1.2.  2 - 10 copies __________ ______ _________ _______

o.1.3.  11 - 25 copies __________ ______ _________ _______

o.1.4.  26 - 100 copies __________ ______ _________ _______

o.1.5.  101 + copies __________ ______ _________ _______

 

 

 

 

1300            ORDERING

 

1310  Online Ordering __________ ______ _________ _______

 

 

 

 

1400  DELIVERY

 

1410  Rush delivery __________ ______ _________ _______

 

1420  Special delivery __________ ______ _________ _______

 

 

 

 

1500            SUPPORT SERVICES

 

1510   Additional Mini-Network Services __________ ______ _________ _______

 

 

 

1600     OTHER CHARGES (SPECIFY)


 

Base Year:  FY 2001

 

 

B.2.      LOT 2 - APPROVAL PLAN SERVICES

 

This Lot may only be offered by vendors that also provide firm order services under Lot 1.

 

Prices shall be expressed as a deep percentage discount off publisher's list price per title, as appropriate. 

 

Publisher list price is the price the publisher has established and announced in its catalog and/or other trade publication.  This price shall not include freight pass through.

 

 

 

2100            CUSTOMER SPECIFIC VOLUME DISCOUNT:

 

2101            Cumulative orders over $_____________, additional _____ % discount on all orders.

 

2102            Cumulative orders over $_____________, service fees waived.

 

 

 

 

2200            APPROVAL PLAN ORDERING PROFILE CATEGORIES

 

 

2210     Subject Based Profile.

 

% Discount (-) or % Service fee (+):

a.  single copy __________ ______ _________ _______

b.  multiple copies __________ ______ _________ _______

 

 

2220     Source Based Profile.

 

% Discount (-) or % Service fee (+):

a.  single copy __________ ______ _________ _______

b.  multiple copies __________ ______ _________ _______

 

 

2230     Country or Region Based Profile.

 

% Discount (-) or % Service fee (+):

a.  single copy __________ ______ _________ _______

b.  multiple copies __________ ______ _________ _______

 


 

 

2240            Language Based Profile.

 

% Discount (-) or Service fee (+):

a.  single copy __________ ______ _________ _______

b.  multiple copies __________ ______ _________ _______

 

 

 

2250     Other Profile (Specify).

 

% Discount (-) or % Service fee (+):

a.  single copy __________ ______ _________ _______

b.  multiple copies __________ ______ _________ _______

 

 

 

 

2600     OTHER CHARGES (SPECIFY).

 

 

 


 

Base Year:  FY 2001

 

 

B.3.      LOT 3 - LEASING PLAN SERVICES

 

 

This Lot may only be offered by vendors that also provide firm order services under Lot 1.

 

Publisher list price is the price which the publisher has established and announced in its catalog and/or other trade publications.  This price shall not include freight pass through.

 

Provide a copy of lease/license agreements to be used with LC/FEDLINK customers.

 

 

 

3100            LEASING PLAN PUBLICATION CATEGORIES.

 

Indicate categories offered.

 

 

3110 Subject Based __________ ______ _________ _______

 

 

3120 Format or Source Based  __________ ______ _________ _______

 

 

3130 Profile Based __________ ______ _________ _______

 

 

 

 

3200            LEASING PLAN SERVICE TYPES

 

 

3210 Title Selection Leasing Plan (specify unit price) __________ ______ _________ _______

 

 

3220 Profile Leasing Plan (specify unit price) __________ ______ _________ _______

 

 

3230 Option to Purchase __________ ______ _________ _______

 

 

3240 Discount off net price __________ ______ _________ _______

 


3300            DELIVERY

 

 

3310 Rush delivery __________ ______ _________ _______

 

 

 

 

3400            SUPPORT SERVICES

 

 

3410 Additional Services __________ ______ _________ _______

 

 

 

3500     OTHER CHARGES (SPECIFY)

 

 

 


Base Year:  FY 2001

 

 

B.4.      LOT 4 - TECHNICAL AND/OR ORDER PROCESSING SERVICES

 

This Lot may only be offered by vendors that also provide firm order services under Lot 1.

 

 

 

4100            CUSTOMER SPECIFIC VOLUME DISCOUNT: 

 

4101           Cumulative orders over $______________, additional _____ % discount on all orders.

 

4102           Cumulative orders over $______________, service fees waived.

 

 

 

4200     BASIC TECHNICAL PROCESSING

 

Pricing shall be unit based and shall include all costs for materials, labor, overhead, etc.

Specify types/grades of materials and indicate price differences as appropriate.

 

 

4210 Physical Processing (per unit) __________ ______ _________ _______

 

 

4211 Circulation Kit (per kit) __________ ______ _________ _______

 

 

4212 Barcode labels (per set) __________ ______ _________ _______

 

 

4213 Security Device (per device) __________ ______ _________ _______

 

 

4214 Coverups (per coverup) __________ ______ _________ _______

 

 

4215 Binding Reinforcements (per volume) __________ ______ _________ _______

 

 

4216 Other Physical Processing Options (Specify) __________ ______ _________ _______

 

 

4221 Cataloging Data in Electronic Form (per record) __________ ______ _________ _______

 

 

4222 Cataloging in Print Form (per card set) __________ ______ _________ _______


 

 

4223 Other Cataloging Processing Options (Specify) __________ ______ _________ _______

 

 

4230 Complete Technical Processing (per title/volume) __________ ______ _________ _______

 

 

 

4300            COMPUTER-BASED ORDER PROCESSING SERVICES

 

4310 Software for local use __________ ______ _________ _______

 

4320 Access to vendor system __________ ______ _________ _______

 

 

 

 

4400     OTHER CHARGES (SPECIFY)

 

 

 

 

 

 

 


 

SECTION C - STATEMENT OF WORK

 

 

C.1.     BACKGROUND

 

C.1.1.  DESCRIPTION OF THE FEDLINK PROGRAM.  The Federal Library and Information Network (FEDLINK) is a nationwide network, or consortium, of federal libraries, information centers and other federal offices whose purpose is to provide contracting, financial management, professional development and library support services to its members so that they are better able to fulfill their crucial mission of keeping the Government and the nation informed.  Since the program's inception in 1973, a key element of FEDLINK service has been centralizing and simplifying the information procurement efforts of the federal library and information center community. 

 

C.1.2.  FEDLINK PROCESS.  Through formal procurement methods, the Library of Congress (LC or the Library) establishes Basic Ordering Agreements (BOAs) for commercial information products and services.  Federal agencies are allowed to use the LC/FEDLINK BOAs by entering into an interagency agreement (IAG) with LC to "join" FEDLINK.  Federal agencies may not unilaterally cite an LC/FEDLINK BOA; a valid IAG with LC is required.  In addition to simplified contracting for libraries, researchers, legal offices, and other units, FEDLINK also offers fiscal support to member agencies.  Members may transfer funds to LC to pay for the agency's expenditures under an established LC/FEDLINK BOA.  LC/FEDLINK examines and pays invoices and provides account statements to transfer pay members.  Alternately, members may establish a direct invoice payment relationship with vendors.  Section G of this solicitation details FEDLINK transfer pay and direct pay finance options; the IAG and delivery order process; and invoicing and payment procedures.

 

C.1.3.  FEDLINK SERVICES.  LC/FEDLINK BOAs cover a broad range of commercial information services and products.  These include subscriptions to online and CD-ROM database retrieval services, gateway access services, membership in bibliographic utilities, subscriptions to periodicals, and the acquisition of books and other library materials.  All types of libraries and other federal offices use FEDLINK services:  general and technical libraries, legal offices, training centers, public affairs offices, laboratories, researchers, and so on. In FY99, federal agencies procured over $113 million through LC/FEDLINK BOAs.  This solicitation for books and library publications acquisitions services is issued on behalf of the more than 1,000 activities that participate in FEDLINK.  Libraries, information centers and other federal offices that use information services or acquire publications are included in the broad terms "library" or "member" in this RFP.

 

 

C.1.4.  FEDLINK BENEFITS.  Centralization through FEDLINK benefits individual federal agencies and their libraries, the information industry, and the Government as a whole.  By consolidating their purchasing power, federal agencies gain favorable Government pricing and volume discounts from the industry.  Federal libraries and information centers benefit from the terms and conditions of FEDLINK contracting vehicles, which are specifically geared toward the reference, technical processing, and publications acquisitions requirements of information service operations.  FEDLINK's centralized procurements enable the industry to respond to a uniform set of technical requirements and provides a focused point of contact in the customer community.  Finally, information services procurement becomes more efficient overall by reducing agencies' redundant contracting efforts.

 

C.1.5.  AUTHORITY FOR FEDLINK SERVICES.  Organizationally, FEDLINK is a program of the Federal Library and Information Center Committee (FLICC) and is managed by the Library of Congress (LC).  LC operates the FEDLINK program under the authority of the Economy Act (31 U.S.C. '' 1535 and 1536), in accordance with Federal Acquisition Regulation Parts  17.5, and 16.703.  Under this procurement vendors shall not provide the following services or products for any customers:  computer or telecommunications equipment, software development or programming, telecommunication systems development or installation, database development or implementation, furniture, supplies, or personnel services.  FEDLINK is recognized by the Office of Management and Budget (OMB) and the General Accounting Office (GAO), both of which have encouraged the program's development and use by federal agencies.  

 

C.1.6.  QUALIFYING VENDORS.  Vendors shall supply publications as ordered in an effective and efficient manner, and shall also provide a variety of associated services that support the execution and administration of library acquisitions operations, and certain options in delivery and physical processing of materials.  Libraries and other federal offices centralize the acquisition of books and library publications through qualified firms in order to reduce the Government's time and labor investment in acquiring information needed to support agency missions.  Accordingly, vendors who qualify for the FEDLINK program will be those who demonstrate a thorough understanding of the technical requirements of the library acquisitions services described herein; who have the required experience and facilities to provide efficient, quality services; whose past performance demonstrates reliability and professionalism; and whose prices represent cost savings for the Government and the FEDLINK membership. 

 

 

C.1.7.  INSTRUCTIONS FOR PROPOSALS.  Detailed directions for the format and scope of proposals are given in Section L of this RFP.  Vendors must demonstrate in their proposals an understanding of the technical requirements of the offered lot(s).  Vendors should supply sample materials (catalogs, system documentation, management reports, invoices, etc.) to illustrate the narrative description of their services required by Section L, but shall not submit such materials in lieu of narrative description.  Vendors should provide lists of the publishers they  commonly deal with, and supply information about discounts to which FEDLINK customers are entitled or fees associated with supplying certain publisher's materials.  FEDLINK's goal is to establish BOAs that provide the best value to the Government by enabling FEDLINK members to buy the publications needed in their particular agencies from the vendor that provides the best product and service for the least cost.

 

C.2.     SCOPE OF WORK - FEDLINK BOOKS AND LIBRARY PUBLICATIONS ACQUISITIONS.

 

This Request for Proposal (RFP) is for services from vendors who can supply books and library publications (non-serial publications) and associated acquisition support services to federal libraries, information centers, and other federal offices.  Such vendors are commonly called "book jobbers" in the information services industry.  This solicitation is divided into four lots which define four different but related aspects of books and library publications acquisitions.  Vendors must offer products and services under Lot 1 in order to be considered for a BOA under this RFP.  Vendors who provide firm order services under Lot 1 may also offer under optional Lots 2, 3, and/or 4.  Each lot follows the same basic organization, with descriptions of the service required by the lot, the publications to be supplied, and the order and delivery process.  Responses must demonstrate a thorough understanding of the technical requirements of each offered lot. 

 

C.3.     GENERAL REQUIREMENTS.

 

(a)  Publications.  Materials covered by this RFP include books and other publications that are complete in one part, or, are intended to be completed in a finite number of separate parts.  This contrasts with "serial" publications such as magazines, journals and newspapers, which are not covered by this RFP.  Varied publishing formats and/or media such as books, reports, treatises, encyclopedias, atlases, sound recordings, videotapes, CD-ROMS, audio-visual materials, reprints, etc., are acceptable under this RFP.

  

(b)  Firm Orders.  Under the basic lots of this RFP, vendors will supply publications in response to firm orders from FEDLINK customers.  A firm order is a one-time order for a specific title or titles in a specific number of copies (in contrast to a subscription or open standing order.)  Vendors typically will supply requested materials from in‑house stock or acquire items as needed directly from the publisher.  Most of the publications categories in this RFP refer to items commonly available in the United States, but some categories, such as foreign press publications, concern non-domestic materials.  Further definitions of key terms used in this RFP are listed below. 

 

(c)  Physical Requirements of Publications.  The vendor shall supply publications in the customer's choice of the bindings or format offered by the publisher, i.e. cloth, paper, or library binding, loose-leaf, hardbound, or other issued format.  All materials shall be new and in mint condition.  The vendor shall supply the latest edition of all publications unless the customer specifically requests another edition.  Unless otherwise specified, the vendor shall supply publications as they are available domestically.  Foreign press materials shall be supplied in the requested foreign version. 

 

 

C.3.1.  REQUIRED FIRM ORDER SERVICE - LOT 1.  Vendors must offer products and services under Lot 1 in order to be considered for a BOA under this RFP. 

 

(a)  Subject Area Specialization.  Vendors may specialize by subject area of publication and identify the types of materials they are prepared to supply within each subject area.  Thus, for example, a vendor might specialize in scientific and technical publications and might supply trade, scholarly, textbook, audio-visual, non-English language, association press and university press materials on sci-tech subjects.  Vendors may specialize in more than one subject area.  Providing materials in a "General" category is one of the possible specializations.

 

(b)  Source or Format Specialization.  Alternately, vendors may specialize by format or source of publication and then identify the subject areas in which they can provide materials.  Thus, for example, a vendor might specialize in trade publications in all subject areas except juvenile/young adult; in textbooks in all subject areas; or in foreign press publications on business, scientific, medical, and legal subjects.  Vendors may specialize in more than one format/source area.

 

 

C.3.2.  OPTIONAL SERVICES - LOTS 2, 3, AND 4.  Vendors who provide firm order services under Lot 1 may also offer under optional Lots 2, 3, and/or 4. 

 

(a)  Lot 2 - Approval Plan Service.  Under an approval plan, vendors automatically supply publications to the customer "on approval" in accordance with a customer-specific collection ordering profile.  Customers may approve and retain supplied materials, or return items deemed unsuitable for addition to the collection.  The customer only pays for the publications retained.  Instead of shipping books to the customer automatically, vendors may send selection tools (catalogs, descriptive title lists, or notification slips) that list publications within the scope of the library's profile.  The customer then chooses items from the selection lists.  The approval plan ordering profile typically specifies the library's primary subject areas and collection intensity (e.g. comprehensive), and other collection parameters such as format, language, place of publication and price range.  Approval plans are intended to improve library efficiency and effectiveness in buying materials in routine collection areas or in esoteric subjects.  Approval plans provide important pre-purchase information concerning new and/or forthcoming titles and eliminate the need for libraries to place individual orders. 

 

(b)  Lot 3 - Leasing Plan Service.  Vendors lease or license books or other library publications in response to orders for specific titles (as in Lot 1, above) or according to a customer profile (as in Lot 2).  The customer leases publications from the supplier instead of buying them, and retains an option to purchase leased items at a reduced price when the term of the lease is over.  The publications are supplied in shelf-ready condition.  The leasing plan is a way for a library to expand the resources available to its users by obtaining popular titles as needed, without having to buy multiple copies for its permanent collection.  Leasing also extends the shelf life of heavily-used titles.

 

(c)  Lot 4 - Technical and/or Order Processing Services.  The vendor may provide technical processing for materials supplied under this solicitation, performing physical processing or cataloging in order to supply materials to the customer in shelf-ready condition.  The vendor may provide a computer-based order processing system for the customer to make the acquisitions control process more efficient.  However, no computer equipment may be provided under LC/FEDLINK BOAs. 

 

C.3.3.  BASIC ORDERING PROCESS.  Basic requirements of the process by which FEDLINK customers will order books and library publications are described below.  Additional specific requirements for firm orders, approval plans and leasing plans are described in Lots 1, 2, and 3.

 

(a)  Order Communication.  Vendors shall accept orders via multiple methods of communication. These shall include US mail, telephone, and telefacsimile transmission, and may also include electronic mail, general commercial online systems, or the vendor's own computerized system.  Response must clearly state methods of order communication accepted.

 

(b)  Online Ordering.   The vendor may provide a basic method of online ordering which may be used at the library's discretion.  As a minimum, the contractor's system shall meet the following requirements for library ordering:

 

(1) Dial Access.  Real time online via dial access and standard equipment. The system must allow the library to connect to the contractor's computer, transmit an order to the contractor's computer, and receive confirmation of the order, communicating through open phone lines or a standard value added telecommunications network (i.e., not only contractor's leased/dedicated lines). 

 

(2) Standard Equipment.  The contractor shall not require the ordering agency to procure specific, single-use equipment for the system.  Instead, the ordering agency must be able to use either an asynchronous terminal with a modem, or any IBM compatible microcomputer with modem to access the system.

 

(c)  Cancellation Notices.  The vendor shall provide written cancellation notices by U.S. mail or electronic mail to the customer for all orders canceled by the customer and for all items the vendor cannot supply.  Notices shall be supplied within five working days of the date the user cancels the order or the date the vendor determines the item cannot be supplied.  The cancellation notices will show, at a minimum, the vendor's name, the order number, the title, the date of cancellation, reason for cancellation, and the address to which the item would have been shipped.

 

C.3.4.  DELIVERY.  Materials shall be delivered in a timely manner, shipped in durable packing (i.e., containers and clean filling), labeled appropriately, and identified with packing slips that list the items, quantity and purchase order number of materials in the shipment.  All approval plan and leasing plan shipments shall be clearly identified as such and shall be clearly numbered to reflect the month and fiscal year of the order/shipment.  All materials shall be shipped on a regular frequency, as mutually agreed upon between the vendor and the customer.

 

(a) Shipment.  Publications shall be shipped f.o.b. destination.  The vendor shall ship items picked from in-house stock within five working days of receipt of the customer's order.  Drop shipments directly from the publisher to the customer, without inspection by the vendor, shall be an exceptional delivery process, used for rush orders or other special circumstances.  

 

(b) Shipping Charges.  The Government shall not be charged for shipping, except:

 

(1) Charges for registered mail for priority overseas shipment shall be reimbursed to the vendor.

 

(2) Charges for special delivery services (e.g., Federal Express, UPS, Overnight Mail, etc.) for rush orders shall be reimbursed to the vendor upon invoicing, provided the user approved the use of the rush delivery method in advance.

 

(3) Rejected items, those not approved for addition to the collection, under firm orders, approval plans or leasing plans, shall be returned to the vendor at the Government's expense.  Items returned at the expiration of a lease shall be returned at the Government's expense.  But, items returned due to vendor error may be returned at the vendor's expense. 

 

(c) Tracing and Lost Materials.  If 30 days have elapsed from the date of shipment, and the ordering agency has not received the items ordered, upon notice the contractor shall trace shipments and report status to the customer.  Lost materials not recovered by tracing shall be replaced at no additional cost to the customer.

 

 

C.3.5.  ACQUISITIONS SUPPORT SERVICES.  Customer support is an essential component of services offered through the LC/FEDLINK program.  Vendors shall provide responsive, knowledgeable support to the federal libraries, information centers, and other federal offices that are their FEDLINK customers.  Basic elements of customer support are described below.

 

 

C.3.5.1.  CUSTOMER SUPPORT - ALL LOTS.

 

(a) Support Representative.  The vendor shall designate an individual to serve as a point of contact (POC) for FEDLINK customers.  This individual shall be familiar with the terms of the LC/FEDLINK agreement and FEDLINK processes, and shall understand the publications acquisitions needs of federal libraries and information centers.  This individual shall have the ability and authority to answer questions and resolve problems.

 

(b) Telephone Support.  The vendor shall provide a toll free telephone number, and shall appoint a POC for FEDLINK customers for inquiries about orders, problems, or other information.  The vendor shall provide telephone service, at a minimum, between the hours of 9:00 AM and 5:00 PM, EST, but additional hours are recommended.   

 

(c) "Mini-Network" Support.  Many federal libraries are organized into a headquarters/field‑site system similar to a large public library or university system with many branch units administered through a main library office.  Some "mini-networks" have strong central control systems, others are comprised of relatively autonomous libraries whose funds are simply managed from a central FEDLINK account.  In still other situations, a federal library may be responsible for ordering materials for the entire agency - library copies as well as office copies of publications.  Vendors must use extra care in managing orders for such mini-network customers, particularly in the following areas:

 

(1) Addresses.  The vendor shall maintain extensive and accurate lists of ship-to addresses, updating them as the customer deems necessary.  Items shall be delivered to the appropriate ship-to address.

 

(2) Order coordination.  The vendor shall coordinate orders from multiple sites, associating them with the delivery order that represents the customer's central FEDLINK account. 

 

(3) Billing coordination.  The vendor shall coordinate billing, to generate invoices for multiple sites against the customer's central delivery order/account.

 

(4) Management reports.  The vendor shall generate management reports which summarize the acquisitions activity of the mini-network.  Such reports shall have the same characteristics defined for basic reports, below.  In addition, reports should include summarized information on multiple copy orders, discounts, and expenditures.  As an illustration, individual titles ordered in multiple copies should be listed only once with the number of copies, price, discount, and extended price totaled.  The vendor shall work with mini-network customers to define reports as necessary.

 

 

C.3.5.2.  CUSTOMER REPORTS - LOTS 1, 2, AND 3. The vendor shall provide a status of orders report, outlined below, free of charge to firm order, approval plan, and leasing plan customers.  The report is not intended to replace or duplicate the title-specific information provided on shipping lists and invoices, but is intended to track the customer's overall ordering activity.  The customer will use this report to certify orders placed/received and will forward the report to the Library of Congress FEDLINK Fiscal Operations office.  Other, additional reports for the customer may be supplied, but are optional.  Any costs for optional reports must be identified in the vendor's offer.  A separate Quarterly Summary Report shall be provided to the LC Contracts and Logistics Services office as required in Section H.

 

(a) Frequency.  The report shall be provided to the customer at least quarterly.  To improve their acquisitions management, customers may request that the report be provided on a monthly basis.  This report shall be received by the customer within 30 calendar days after the end of the particular reporting period. 

(b) Format.  Paper is the required basic format for reports, but machine-readable and other formats, such as a data file or online query, are encouraged as well. 

 

(c) Content.  The basic quarterly status of orders report shall be a year-to-date cumulative listing of the status of all of the customer's orders, open and closed.  A monthly report need not be year-to-date accumulation.  Reports shall include the following data:

 

(1)  Identification information:  customer ordering office; FEDLINK ID; LC delivery order number; ship-to address or ID.

 

(2)  Order information:  customer's order number; order date; number of items in the order; total amount of order; identification of individual authorized to place the order; fund code if supplied by the customer. 

(3)  Status information:  status of order, e.g. open, shipped, closed, backordered, canceled.

 

(d) Sorting Order.  Sorting shall be available on the following keys:  order status; order number; order date; fund.  The Order Management Report shall be sorted first by order number.

 

(e) Totals.  The report shall show the total number and cost of items on each order and the grand total for all orders on the report, including quantity ordered, list price, discount, service charge, and extended price.  Subtotals by order status shall be provided.

 

C.3.6.  DEFINITIONS.  The following definitions are provided to clarify FEDLINK usage of common terms in the books and publications acquisitions industry.

 

(a)  Annual Period.  Reflects the federal fiscal year, October 1 through September 30, unless otherwise noted. 

 

(b)  Approval Plan.  An arrangement whereby a vendor automatically supplies materials potentially required by a library as they are published, in accordance with a detailed profile of the library's collection needs.  The library may return any publications deemed unsuitable for addition to the collection and is only billed for items retained.  An approval profile typically specifies the library's subject areas and collection intensity, and other collection parameters such as format, language, place of publication and price range.  Approval plans improve library effectiveness and efficiency by providing important pre-purchase information about new and/or forthcoming titles and eliminating the need for libraries to place individual orders in either routine or esoteric collection areas. 

 

(c)  Association Publication.  A publication issued by, or under the auspices of, an association or institution, including proceedings, monographs, and memoirs.

 

(d)  Back Issue.  A single issue of a serial publication preceding the current issue.  A "back file" is a set or file of old issues of a serial.

 

(e)  Binding.  The device or covering used to cover and/or fasten the covering of a book.

 

(f)  Books and Library Publications (Non-Serial Materials).  Publications that are complete in one part or are intended to be completed in a finite number of separate parts.  This category includes disparate non-serial publication formats such as books, reports, treatises, encyclopedias, atlases, sound recordings, videotapes, audio-visual materials, reprints, etc.  This contrasts with "serial" publications such as magazines, journals and newspapers, which are not covered by this RFP. 

 

(g)  Edition.  All copies of a bibliographic item produced from substantially the same type image or from an original physical or electronic pattern or prototype; the form in which a work is produced, such as original, revised, reprint, textbook, etc.

 

(h)   Firm Order.  A one-time order for a specific title(s) and number of copies, in contrast to a subscription or standing order.

 

(i)  Format.  Those materials that are described by similar general appearance and physical makeup, including size, proportions, quality and style of paper and binding, typographical design, etc.; the medium in which a publication is presented.

 

(j)  Leasing Plan.  The library leases publications from a supplier instead of buying them, retaining an option to purchase leased items at a reduced price when the term of the lease is over.  The leasing plan is a mechanism for libraries to obtain popular titles without having to buy multiple copies for the permanent collection.

 

(k)  Library.  Libraries, information centers and other federal offices that use information services or acquire publications are included in the broad term "library" in this RFP.

 

(l)  Library Binding.  A strong binding designed for heavy library use.

 

(m)  Multimedia.  An item containing two or more categories of materials no one of which is identifiable as the predominant constituent of the item.

 

(n)  Network.  Refers to people and organizations, not to computer or telecommunications networks.

 

(o) Out-of-Print.  Not obtainable through the regular market because the publisher's/producer's stock is exhausted.  Out of print is to be distinguished from "out of stock", a term used to indicate that the item is not available from the publisher or jobber's inventory at the present time but probably will be later.

 

(p)  Profile.  A description of the significant features of the collection areas of special interest to the library, such as academic discipline, country or region of publication, or language.  The profile serves as a basis for approval plan or leasing plan orders and is developed by the FEDLINK member in collaboration with the vendor. 

 

(q)  Publisher List Price.  The list price is the one the publisher has established and announced in its catalog or other trade publications.  List price shall not include freight pass through. 

 

(r)  Reprint.  A new impression of an edition or a new edition from a new setting of type, for which an impression of a previous edition has been used as a copy; a separately issued article, chapter, or other portion of a previously published larger work, usually a reproduction of the original.

 

(s)  Serial Publication.  A publication in any medium issued in successive parts bearing a numerical or chronological designation and intended to be continued indefinitely.

 

(t)  Subscription.  The arrangement by which, in return for a sum paid in advance, a periodical, newspaper, or other serial is provided for specified numbers of issues or a specified period of time.

 

(u)    Standing Order.  A general order to a vendor or a publisher to supply the volumes or parts of a particular title or type of publication as they appear, usually until otherwise notified.

 

(v)  Trade book.

 

1.  A book produced by a commercial publisher for sale to the public primarily through bookstores, as distinguished from a textbook edition, subscription book, or a book meant for a limited public because of its technical nature, specialized appeal, or high price.

 

2.  Any high discount (more than 40 per cent) book regardless of subject matter or type of publisher. [American Library association Glossary].

 

 

 

C.4.     SPECIFIC REQUIREMENTS

 

C.4.1.  LOT 1 - FIRM ORDER SERVICE - SUBJECT AREA, FORMAT OR SOURCE

            SPECIALIZATION

 

C.4.1.1.  SERVICE DESCRIPTION.  Under Lot 1, Firm Order Service, vendors shall supply books and other library materials in response to firm orders from FEDLINK customers.  Customers may place firm orders for traditional monographs - single volume print books - or for other non-serial publications in varied formats and physical media.  Vendors may supply publications from in-house stock, or acquire them directly from the publisher or other appropriate source.  Vendors must offer services under Lot 1 in order to be eligible to offer services under Lots 2, 3, or 4.   Vendors shall specialize by subject area, format or source of publication and shall identify the types of materials they supply within their specializations.  Vendors may specialize in more than one area.  Thus, for example, a vendor might specialize in scientific and technical publications and might supply trade, scholarly, textbook, audio-visual, association press and university press materials on sci-tech subjects; or a vendor might specialize in trade publications in all subject areas except juvenile/young adult; in textbooks in all subject areas; or in foreign press publications on business, scientific, medical, and legal subjects.  The chart provided as Attachment 1 identifies the options available.  Vendors shall specialize in one or more of the subjects, formats or sources identified, i.e. by column (subject) or by row (format or source).  Within each specialty the vendor shall indicate the publications supplied.  Please attach this form to your section B pricing proposal.

 

 

C.4.1.2.   PUBLICATIONS PROVIDED.

 

C.4.1.2.1. SUBJECT SPECIALIZATION.  Vendors shall supply publications in at least one of the following subject areas: 

 

(a)        General.

 

(b)        Juvenile, Young Adult.

 

(c)        Business, Economics, Finance.

 

(d)        Legal.

 

(e)        Medical and Allied Health.

 

(f)         Scientific and Technical.

 

(g)        Social Sciences and Humanities.

 

(h)        Other.  Vendors may identify other specific subject areas of expertise.

 

 

C.4.1.2.2. FORMAT OR SOURCE SPECIALIZATION.  Vendors shall supply publications in at least one of the types below:

 

(a)        Trade, Trade Paperback.

 

(b)        Textbook, Textbook Paperback.

 

(c)        Mass Market Paperback.

 

(d)        Reference.

 

(e)        Reprints, Back Issues.

 

(f)         Audio-Visual.

 

(g)        Multimedia.

 

(h)        Non-English Language.

 

(i)         Out-of-Print.

 

(j)         Association, Society Presses.

 

(k)       Foreign Presses.

 

(l)         Government Documents.

 

(m)       Small Presses.

 

(n)        University Presses.

 

(o)        Other.  Vendors may identify other specific publication types, formats, or sources of supply.

 

 

C.4.1.3.  FIRM ORDER SERVICES.

 

C.4.1.3.1.  ORDER TYPES.  Vendors shall process regular firm orders, backorders, and rush orders.  Standing orders are not allowed under BOAs established based on this solicitation.

 

(a)  Regular Firm Orders.  Most publications shall be delivered to the customer within 30 days of receipt of the customer's order.  These shall be considered regular firm  orders.  The vendor shall promptly notify the customer when an item cannot be obtained within the regular 30-day timeframe, so the customer may identify an alternate source for the publication in a timely manner.   

 

(b)  Firm Order Backorders.  Items which cannot be delivered within 30 days of receipt of the customer's order, but which the vendor can supply, shall be treated as backorders.  Upon receipt of a backordered item from the publisher, the vendor shall ship it to the customer within five working days.

 

(c)  Rush Firm Orders.  The vendor shall provide a method and identify timeframes for rush handling of orders for titles the customer requires on short notice.  Rush orders shall be available both for publications supplied from the vendor's stock and for items acquired as needed from publishers.

 

 

C.4.1.3.2.  ORDER DATE.  The order date of all orders shall be the date the customer sends the order to the vendor, not the date the vendor begins processing the order (e.g. entering the order in a computer system, requesting the item from a publisher, etc.)  All items shall be billed in accordance with the customer's order date.  Because the customer's order date indicates the fiscal year of obligated funds, accurate recording of the order date is particularly critical at the end of the fiscal year.

 

C.4.1.3.3.  CATALOG.  The vendor shall provide customers with a catalog or other listing of publications he can supply and/or a list of publishers or other sources that he can access.

 

C.4.1.3.4.  PRE-ORDER SERVICES.  Before placing an order, the customer may request the vendor to provide estimates of publisher's list price, vendor's discount category or service fee, and availability of the item (forthcoming, in/out of print, in stock, etc.)

 

C.4.1.3.5.  ORDER COMMUNICATION.  Vendors shall accept and confirm orders and cancellations through multiple communication methods.  These shall include US mail, telephone, fax transmission, electronic mail, commercial online systems, or the vendor's own online system.  Online ordering, if available, shall be used at the library's discretion.  At a minimum, the vendor's communication methods, especially in regard to online ordering, telecommunications, and order cancellation, shall meet requirements detailed in Section C.3.3., above. 

 

C.4.1.3.6.  RETURNS.  Customers shall be able to return items that were supplied in error (wrong fills) or items that were received in unacceptable condition.  Customers shall not be charged for, materials, shipping or processing for returned items.

 

 

C.4.2.  LOT 2 - APPROVAL PLAN SERVICE

 

C.4.2.1.  SERVICE DESCRIPTION.  Under Lot 2, Approval Plan Service, the vendor shall automatically supply books and library publications to the customer "on approval" in accordance with a customer-specific collection ordering profile.  Customers will approve and retain acceptable items, and reject and return those deemed unsuitable for addition to the collection.  The customer only pays for the publications retained.  The cumulative value of all items selected under an approval plan shall not exceed the transfer pay customer's delivery order or blanket purchase agreement funding level or the direct pay customer's purchase order amount.  Instead of shipping materials automatically, the vendor may send selection tools (catalogs, descriptive title lists, or notification slips) that list publications within the scope of the customer's profile.  From these materials the customer will select items to be shipped.  All approval plan materials shall be shipped to the customer at the vendor's expense, but rejected items shall be returned to the vendor at the Government's expense. 

 

The approval profile typically specifies the library's subject focus areas and collection intensity (e.g. comprehensive), and other collection parameters such as format, language, place of publication and price range.  Approval plans are intended to improve library efficiency and effectiveness by providing important pre-purchase information concerning new and/or forthcoming titles and eliminating the need for libraries to place individual orders in either routine or esoteric collection areas. 

 

C.4.2.2.  APPROVAL PLAN ORDERING PROFILE CATEGORIES.

 

C.4.2.2.1.  SUBJECT BASED.

 

C.4.2.2.2.  SOURCE BASED.

 

C.4.2.2.3.  COUNTRY OR REGION BASED.

 

C.4.2.2.4.  LANGUAGE BASED.

 

C.4.2.2.5.  OTHER.  The vendor may specify an approval plan based on

other factors.

 

 

C.4.2.3.  APPROVAL PLAN SERVICES.

 

C.4.2.3.1.  TYPES OF APPROVAL PLANS.  Two basic styles of approval plan shall be available:  automatic shipments or choice from selection tools.

 

(a)  Automatic Shipment Approval Plan.  The vendor shall identify, acquire, and ship materials that fit the customer's collection profile.  Each shipment shall be considered a separate order under the approval plan.  The customer shall have a sufficient period of time to review the shipment and decide which materials to approve and retain for the collection and which to reject and return to the vendor.  The customer shall affirmatively indicate approval of items retained in a manner specified in the profile.  The vendor shall invoice the customer only for the items retained.

 

(b)  Selection Tool Approval Plan.  The vendor shall provide selection tools that cover publications within scope of the customer's collection profile.  Selection tools are typically catalogs, descriptive title lists, notification slips.  They may be provided in print or machine readable form, as established in the customer's profile.  The customer will clearly annotate the selection tools or will prepare a consolidated request list indicating which items the vendor should supply on approval.  The vendors shall acquire and ship the materials the customer identifies.  The customer shall have a sufficient period of time to review the shipment to decide whether to retain or reject materials.  The vendor shall invoice the customer only for the items retained. 

 

 

C.4.2.3.2.  APPROVAL PLAN ORDERING PROFILE.  The vendor and the customer together shall develop an ordering profile that reflects the customer's collection development requirements.  The vendor and customer shall review the profile at least semi-annually and adjust it as appropriate. 

 

(a)  Documentation.  The vendor shall provide the customer with written procedures that fully describe the customer's profile, the process by which the vendor will identify and supply materials in accordance with the profile, and the customer/vendor procedures for operating the plan.

 

(b)  Time Frames.  The customer and the vendor shall establish a regular schedule for shipment of publications and a reasonable time frame for review/selection of materials.

 

(c)  Approval Procedure.  The profile shall identify a specific procedure for the customer to approve items to be retained for the collection.

 

(d)  Parameters.  The profile should cover one or more of the publication categories identified above and shall address at least the following parameters: 

 

(1)  Collection intensity, comprehensiveness.

 

(2)  Format(s) of publications.

 

(3)  Price limit for individual items.

 

(e)  Number of Copies.  One copy per title shall be shipped, unless the customer specifies otherwise.

 

 

C.4.2.3.3.  ORDER DATE.  The customer order date for approval plan publications orders shall be:

 

(a)  Automatic Shipment Plan:  the dates on which the vendor ships materials specified in the customer's ordering profile.  It is critical that all vendor shipments be uniquely identified, and that the identifier reflect the fiscal year and month of the shipment.  No automatic shipments shall be made after the end of the fiscal year. 

 

(b)  Selection Tool Plan:  the date the customer sends a selection list to the vendor.  It is critical that all selection list orders be uniquely identified, and that the identifier reflect the fiscal year and month of the order.

 

 

C.4.2.3.4.  RETURNS.  Customers shall be able to return items that were supplied in error, that are out of scope of the customer's profile, or items that are not in acceptable condition.  Customers shall not be charged for materials, shipping or processing for returned items. 

 

 

C.4.3.  LOT 3 - LEASING PLAN SERVICE

 

C.4.3.1.  SERVICE DESCRIPTION.  Under Lot 3, Leasing Plan Service, the vendors shall lease or license non-serial publications to customers in response to orders for specific titles or according to a customer profile.  The customer leases publications from the supplier instead of buying them, and retains an option to purchase leased items at a reduced price when the term of the lease is over.  The term of the lease shall be specified, and shall not exceed one calendar year.  Lease publications shall be supplied in shelf-ready condition.  The leasing plan is a mechanism for a library to expand the resources available to its users by obtaining popular titles as needed, without having to buy multiple copies for the permanent collection.  Leasing also extends the shelf life of heavily-used titles.

 

 

C.4.3.2.  LEASING PLAN PUBLICATION CATEGORIES.  Vendors may establish leasing plans that provide materials in categories similar to Lots 1 and 2 of this solicitation:

 

C.4.3.2.1.  SUBJECT BASED.  Individual Title Orders.

 

C.4.3.2.2.  FORMAT OR SOURCE BASED.  Individual Title Orders.

 

C.4.3.2.3.  PROFILE BASED.  Automatic Shipments.

 

 

C.4.3.3.  LEASING PLAN SERVICE.

 

C.4.3.3.1.  TYPES OF LEASING PLANS.  The vendor shall provide at least one of the following types of leasing plan: 

 

(a)  Title Selection Leasing Plan.  The vendor shall supply the customer with a catalog or other listing of titles available for lease.  Titles typically are assigned a credit or "coupon" value (with more popular titles worth more.)  The customer is entitled to a quantity of title credits commensurate with the amount of the customer's lease.   The customer selects individual titles to be supplied under the lease and the vendor draws down the total coupon amount accordingly.  The vendor bills for items on lease to the customer.

 

(b)  Profile Leasing Plan.  The customer and vendor may develop a profile that establishes categories of materials required by the customer.  The vendor automatically supplies materials that match the profile, and bills the customer for the items supplied.

 

C.4.3.3.2.  LEASING PROCESS AND PROCEDURES.   The vendor shall provide the customer with written documentation that fully describes the leasing plan's operating procedures, including:  identifying and selecting materials to be provided, placing individual orders or developing a profile, returning items at the end of the lease period, purchasing items, billing practice.  The customer and the vendor shall establish a regular schedule and method for shipment and return of publications. 

 

C.4.3.3.3.  OPTION TO PURCHASE.  The vendor shall offer the customer the option to purchase leased items at a reduced rate at the end of the lease period.

 

C.4.3.3.4.  RETURNS.  Customers shall be able to reject and return items that were supplied in error, e.g. are out of scope of the customer's lease profile, or items that are not in acceptable condition.  The customer's lease shall not be charged for rejected items, materials, processing or shipping.  At the expiration of the lease customer shall return all items that will not be purchased. 

 

 

C.4.4.  LOT 4 - TECHNICAL AND/OR ORDER PROCESSING SERVICES

 

C.4.4.1.  SERVICE DESCRIPTION.  The vendor may provide technical processing for materials supplied under this solicitation, performing physical processing or cataloging to supply materials to the customer in shelf-ready condition.  The vendor may provide a computer-based order processing system for the customer to make the acquisitions control process more effective and efficient. 

 

C.4.4.2.  BASIC TECHNICAL PROCESSING.  The vendor may physically process and/or provide cataloging data for the publications he supplied under Lots 1, 2, or 3 of this solicitation in order to make the items shelf-ready for the customer's collection.  Extensive physical processing (e.g. format conversion, archival or conservatorial processing) and original cataloging are out of scope of this solicitation.  Technical processing options shall be priced on a flat per item basis.

 

C.4.4.2.1.  PHYSICAL PROCESSING.  The vendor shall physically process materials supplied by the vendor under Lots 1, 2, or 3 of this solicitation.  Items shall be processed in accordance with a profile of the customer's requirements as developed by the customer and the vendor.  The profile shall specify the extent of processing, and the formatting and placement of items (such as call number, spine labels and barcode labels).  The vendors shall identify the materials to be used in physical processing, such as the type, grade, size and make of spine labels.  The following physical processing options may be supplied:

 

(a)  Circulation Kit.  At a minimum, a circulation kit shall consist of:  cataloging data, a book pocket, a circulation card, and a spine label.

 

(b)  Barcode Labels. 

 

(c)  Security Strips. 

 

(d)  Coverups.

 

(e)  Binding Reinforcements. 

 

(f)  Other.  The vendor may specify other physical processing options.

 

 

C.4.4.2.2.  CATALOGING PROCESSING.  The vendor shall supply a set of catalog cards or MARC output for publications supplied by the vendor under Lots 1, 2, or 3 of this solicitation.  Cataloging data shall be supplied in accordance with a profile of the customer's requirements for descriptive and subject cataloging and classification. 

 

(a)  Cataloging Parameters.  The customer shall have the option of receiving Library of Congress, Sears, or National Library of Medicine subject headings and Library of Congress, Dewey, or National Library of Medicine call numbers. 

 

(b)  Cataloging Data in Electronic Form.  Computer‑readable cataloging output shall be available on 3.5" DOS diskette, and may also be available on tape, through electronic mail or Internet transfer, or other distribution channel. 

 

(c)  Other Cataloging Processing Options.  The vendor may offer cataloging processing options developed in cooperation with the membership bibliographic utility organizations.

 

 

C.4.4.2.3.  COMPLETE TECHNICAL PROCESSING.  The vendor may offer complete physical and cataloging processing of publications supplied under Lots 1, 2, or 3 of this solicitation.  Complete processing shall consist of a combination of the elements identified under C.4.4.2.1. and C.4.4.2.2., above.

 

C.4.4.2.4.  DELIVERY.  Publications processed under this lot shall be delivered in accordance with the specifications in the lot under which they were ordered - Lot 1, 2, or 3, above.  The vendor shall specify standard periods needed for technical processing activities.  This time may be added to the normal 30-day delivery time frame for regular firm orders. 

 

C.4.4.3.  COMPUTER-BASED ORDER PROCESSING.  The vendor may provide acquisitions control software for the customer to operate on his local computer system or may provide the customer with online access to order information on the vendor's own central system.  The vendor may provide training in its order processing system, as needed.  The vendor shall provide the customer with detailed documentation on its order processing system that addresses the system's technical requirements (computer equipment, operating system, access requirements, etc.), functional capabilities (title lists, order placement, order tracking), and operating procedures.  No equipment shall be offered for lease or sale and no software or database development shall be performed under agreements and contracts resulting from this solicitation. 

 

 

SECTION D - PACKAGING AND MARKING

 

 

D.1            PACKING. 

 

 

D.1.1.            CONTAINERS.  All shipments shall be packed in durable containers which meet U.S. Postal Service packaging requirements and are able to withstand rough handling.  All voids within the boxes should be filled with clean dunnage materials.

 

 

D.1.2.            LABELING.              Each box shall be marked with the Library of Congress BOA number, LC delivery order number, contractor shipment number, and the number of boxes in the shipment for that address.

 

 

D.1.3.            PACKING SLIP.     A packing slip shall be enclosed with each shipment.  Sample packing slips should be provided with response.  At a minimum, packing slips shall indicate for each shipment:

 

D.1.3.1            IDENTIFICATION INFORMATION.

 

a.  Contractor name and address.

b.  Library of Congress BOA number.

c.  LC Delivery order number.

d.  FEDLINK ID code.

e.  Ship to name and address, including code. 

f.  Ordering individual.

g.  Date of shipment.

 

D.1.3.2. ORDER INFORMATION.

 

a. Library purchase order number.

b. Order date.

 

D.1.3.3. ITEM INFORMATION. 

 

a.  Title.

b.  Number of copies. 

c.  List price.

d.  Discount rate/service charge.

e.  Extended price.


 

 SECTION E - INSPECTION AND ACCEPTANCE

 

 

E.1.            NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

 

 

NOTICE: The following solicitation and/or contract clauses pertinent to this section are hereby incorporated by reference:

 

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

 

52.246-2          INSPECTION OF SUPPLIES - FIXED PRICE (AUG 1996)

52.246-4          INSPECTION OF SERVICES - FIXED PRICE (AUG 1996)

 


 

 

SECTION F - DELIVERIES OR PERFORMANCE

 

 

F.1.            NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

 

NOTICE: The following solicitation and/or contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

 

52.242-15 STOP-WORK ORDER AUG 1989

52-247-34 F.O.B. DESTINATION NOV 1991

 

 

F.2.            PERIOD OF PERFORMANCE.  The period of performance of this Basic Ordering Agreement shall be from date of award through September 30 of each fiscal year.  The Library reserves the right to exercise the option to renew this Basic Ordering Agreement for a second through fifth year with the mutual consent of the Contractor and as may be in the Library's best interest.  The contracting officer shall provide written preliminary notice of intent to renew at least 60 days prior to BOA expiration, in accordance with  FAR 16.703.  All option year pricing will be negotiated. 

 

 

F.2.            PLACE OF DELIVERY.  The place of delivery is F.O.B. destination in accordance with FAR 52.247-34.

 

 

F.3.            OPTION TO EXTEND THE TERM OF THE BOA.  The Library reserves the right to extend the term of this Basic Ordering Agreement with the mutual consent of the Contractor and as may be in the Library's best interest.  The contracting officer shall provide written preliminary notice of intent at least 60 days prior to BOA expiration, in accordance with  FAR 16.703 and FAR 52.217-9.  All option year pricing will be negotiated.

 


SECTION G - CONTRACT ADMINISTRATION DATA

 

 

G.1.  LC/FEDLINK BASIC ORDERING AGREEMENTS.

 

G.1.1.  BASIC ORDERING AGREEMENTS (BOAs).  The contractual instrument issued pursuant to this solicitation is to be classified as a Basic Ordering Agreement (BOA) pursuant to FAR 16.7.  The BOA is a result of a public advertisement to solicit contractors to provide Books and Library Publications Acquisitions necessary for the members in the FEDLINK program.  BOAs are negotiated to achieve the lowest possible price and most favorable terms and conditions using the procedures followed by the Library of Congress (LC).  Contractor sales volume is considered to be an important element to achieve maximum discounts in each BOA.

 

 

G.1.2.  MODIFICATION INSTRUCTIONS. 

 

G.1.2.1.  Constant Pricing and Discount.  For the period from date of award through September 30 of each fiscal year, the vendor shall maintain constant pricing and discount schedules under this BOA.

 

G.1.2.2.  Addition of Services.  For the life of the BOA, the contractor shall offer no services other than those specified in this BOA unless specific application is made to the LC Contracts & Logistics Services to modify this BOA to incorporate additional services.  Any new services which are approved by the LC Contracting Officer shall be officially added to the BOA by modification.  Submit requests for approval to modify the BOA to:

The Library of Congress

Contracts & Logistics Services-FEDLINK

101 Independence Avenue, SE

Washington, DC 20540-9414

 

 

G.1.3.  CONTRACTOR CORRESPONDENCE WITH FEDLINK MEMBERS.

 

G.1.3.1.  FEDLINK Related Publications.  Any vendor correspondence, announcements, notification of offering, etc. which reference services offered through the LC/FEDLINK BOA shall be submitted to LC/FEDLINK for approval.  Submit correspondence for approval to:

 

FEDLINK Fiscal Operations

Attn:  Vendor Services Coordinator

The Library of Congress

101 Independence Avenue, SE                              

Washington, D.C. 20540-4935

 

 


 

G.2.  MEMBERS' USE OF THE FEDLINK PROGRAM.

 

G.2.1.  FEDLINK SERVICES.  The FEDLINK program provides both contracting and fiscal support to federal agencies and organizations authorized to use federal sources of supply.  Such offices are termed "members" of  FEDLINK.  Registered members are authorized to use the LC/FEDLINK  BOAs established under the program and may elect to transfer funds to LC to pay invoices for usage under the BOA.  LC/FEDLINK charges members a fee for participation in the FEDLINK program.

 

G.2.2.  REGISTRATION.  Members indicate their intent to use LC/FEDLINK BOAs, choose whether they intend to transfer service dollars to LC, and establish the funding level for their services by submitting an annual registration form for the FEDLINK program.  Registration forms may be submitted throughout the fiscal year, until a cutoff date specified by FEDLINK.

 

G.2.3.  INTERAGENCY AGREEMENTS.  LC/FEDLINK initiates an Interagency Agreement (IAG) between LC and the member agency for services and funding as indicated on the member's registration form.  After the agency signs and returns the IAG, the LC Financial Services Directorate (LC/FSD)  invoices the agency for the funds obligated to LC and LC/C&L issues official delivery orders/authorizations to the vendors listed on the IAG in the amounts specified on the IAG.  Members may request amendments to their IAGs throughout the year (until a cutoff date specified by FEDLINK), and thus may add or delete services and/or change funding levels.  Based on information in the IAG and its amendments, LC/C&L issues an official delivery order/authorization to the vendor; upon receipt of the delivery order/authorization the vendor may initiate service for the member.

 

G.2.4.  COPY OF BASIC ORDERING AGREEMENT (BOA).  Upon written request of the member or their authorized representative, the contractor shall provide members who use the contractor's services with one copy each of the contractor's current BOA with LC/FEDLINK.  BOA copies supplied shall be identical to the signed original.

 

G.2.5.  ACCOUNT OPTION. 

 

G.2.5.1. Transfer Pay.  Under the transfer pay option, members transfer both appropriate annual fees and estimated annual service dollars to LC via the executed IAG.  When member funds have been received at LC, LC/C&L notifies the vendor to begin service to the member by issuance of a formal delivery order.  LC/FEDLINK will then process and pay invoices from the member's account.

 

 

 

G.3.  TRANSFER PAY ACCOUNTS.

 

 

G.3.1.  INITIATING TRANSFER PAY SERVICES.

 

G.3.1.1.  Delivery Order.  LC/C&L will issue to contractors a delivery order for each FEDLINK member using the contractor's service in the transfer pay mode under the LC/FEDLINK BOA.  The official LC delivery order indicates that the contractor may begin services for the member under the terms of the current BOA.  LC/C&L may also issue delivery order modifications which reflect amendments to members' IAGs - to change services or adjust funding levels, for example.  The contractor shall not provide services to the member in excess of the "not to exceed" (NTE) dollar amount indicated on the original delivery order or as amended by any delivery order modification.  The Government shall not be liable for services or products provided which exceed the NTE dollar amount.  Authority to provide service under an LC delivery order expires on September 30, 2001 and each subsequent September 30 for each option year exercised.

 

G.3.1.2.  Initiating Service.  The contractor shall not initiate, renew, cancel, or convert to the LC/FEDLINK BOA any service for any FEDLINK member until a delivery order for that member for that service for the current fiscal year has been received.  The contractor shall contact the member to initiate service immediately upon receipt of the LC delivery order.

 

G.3.1.3.  Member Identification.  Subsequent to receipt of the delivery order, all contractor correspondence and oral communication with FEDLINK regarding members shall identify the member by the FEDLINK ID, IAG number, and delivery order number for the member as indicated on the LC/FEDLINK delivery order. 

G.3.1.4.  Notification to FEDLINK.  Within ten working days of receipt of delivery order from LC/C&L, the contractor shall provide FEDLINK Fiscal Operations (FFO) in writing the account identification or user identification assigned to the member by the contractor which will indicate acceptance of the order.  If vendor refuses to accept an order, the delivery order should be so noted and returned within ten (10) days.  Customer identification should be sent to the following address:

 

FEDLINK Fiscal Operations

ATTN:  Vendor Services Coordinator

The Library of Congress

101 Independence Avenue, SE

Washington, DC  20540-4935

 

 

G.3.2.  TRANSFER PAY INVOICE INSTRUCTIONS.  An invoice is the contractor's bill or written request for payment under the contract for supplies delivered or services performed.  An invoice shall be prepared and submitted to FEDLINK Fiscal Operations (FFO) for review and processing.  Invoices which do not meet the specifications listed below will be considered defective, will be rejected, and returned to the contractor without payment.  Rejected invoices will be accompanied by a form indicating the reason for the rejection and may be resubmitted when the condition(s) causing the rejection have been corrected.  FEDLINK will forward approved invoices to the LC Financial Services Directorate (LC/FSD) for payment.  All proper invoices (except summary invoices) and all detailed usage reports shall include information and be formatted as specified below.

 

G.3.2.1.  Invoices shall be submitted to the following address:

 

FEDLINK Fiscal Operations

ATTN:  Invoice Processing

Library of Congress

Washington, DC  20540-4935


 

G.3.2.2.  Information required on invoice:

 

 

G.3.2.2.1.  Contractor identification information required on all invoices:

 

< Name and address of the contractor.

< LC/FEDLINK BOA Number.

< Two-character FEDLINK Service ID assigned to the contractor.

< Name and address of contractor's official to whom payment is to be mailed or sent via Electronic Funds Transfer (EFT) (shall be the same as that in the BOA or in a proper notice of assignment approved by LC/C&L.)

< Name (where practicable), title, phone number and mailing address of person to be notified in event of defective invoice.

 

 

G.3.2.2.2.  Member identification information required on all invoices:

 

< Name and address of agency using service.

< Delivery order number.

< FEDLINK ID and FEDLINK IAG number.

 

 

G.3.2.2.3.  Order information required on all invoices:

 

< Invoice number.  Invoice number should uniquely identify the invoice.

as specified below.

< Invoice date in mm/dd/yy format.

< Order date in mm/dd/yy format.  Order date is the date the FEDLINK member placed the order with the vendor.

< Order number.

< Contract line item number, where practicable, or descriptive information sufficient to identify Schedule B item which corresponds to invoiced item.

< Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

< Any other information or documentation required by other specific requirements elsewhere in the BOA (such as evidence of shipment).

< Percent of discount applicable to individual FEDLINK members as specified elsewhere in the BOA.

< An invoice copy submitted as replacement for an original shall be certified as a duplicate original

 

 

G.3.2.3.  Number of Copies.  For each FEDLINK transfer pay user, the contractor shall provide to FEDLINK not less than one original and one copy of each summary invoice and not less than one original and one copy of each detailed usage report (in support of the invoice).

 

G.3.2.4.  Invoice Physical Format Criteria.  Invoices delivered to LC/FEDLINK shall meet the following physical criteria:

 

G.3.2.4.1. Individual invoice sets shall be attached so that all copies and/or pages of the original invoice remain contiguous.  If contractors supply photocopies of any pages, i.e. to supplement a multi-part invoice, then all invoice photocopies shall be attached to the original invoice.

 

G.3.2.4.2. Invoices printed on continuous paper sets shall be stripped of letter edge perforation guides.

 

G.3.2.4.3. Invoices shall be stripped of any interleaved carbon inserts.

 

G.3.2.4.4. Invoices shall be delivered sorted alphabetically in FEDLINK ID order (not in user ID or invoice number order).

 

G.3.2.4.5. Invoices in Computer-Readable Format.  As FEDLINK expands the capabilities of its automated accounting system, it may be possible to accept  invoice data in diskette format, magnetic tape, or other electronic format agreed upon. 

 

G.3.2.5.  Invoice Frequency.  Contractors shall invoice FEDLINK on a regular basis.

 

G.3.2.6.  Invoice Number.  Individual invoices shall have unique numbers which clearly identify the invoice with the FEDLINK member, service and fiscal year.  An invoice with a number which duplicates another invoice's number will be considered defective and will be rejected.

 

G.3.2.7.  Order Date.  The order date is the date the FEDLINK member places the order with the vendor.  The format of the order date shall be mm/dd/yy.  Orders placed in separate fiscal years shall not be combined on a single invoice.  Prior fiscal year charges shall be invoiced separately from current fiscal year charges.  Order dates shall be clearly defined on invoice.

 

G.3.2.8.  Discounts.

 

G.3.2.8.1.  Discount Calculation.  Discounts earned by individual users shall be calculated on each individual invoice or institution detail for each FEDLINK member.  FEDLINK will not be responsible for any recalculation of invoices in order to redistribute contractor's discounts.

 

G.3.2.8.2.  Individual Member Discount.  Discounts applicable to individual FEDLINK members as specified elsewhere in the BOA shall be shown on the member's individual invoice.

 

G.3.2.8.3.  Prompt Payment Discounts.  Prompt payment discount options approved in the BOA shall be specified on invoices.  The option to take a prompt payment discount will be exercised at the Government's option.

 

G.3.2.9.  Invoice Credits or Other Adjustments.  All invoice adjustments for transfer pay customers shall be processed through FFO.  The contractor shall issue separate credit invoices for all accrued credit on an individual member's account and shall indicate on the credit invoice information as specified above (to include agency name/address, FEDLINK ID and IAG number, delivery order number) plus the following:  reference to the original invoice number, original order date, description of credit, credit total.  Invoice adjustments shall have a unique invoice number; the invoice number of the original invoice being adjusted shall not be re-used. 

 

G.3.2.10.  Duplicate Invoices.  Duplicate invoices submitted as replacements for original invoices shall be certified as follows:

Duplicate Original.

Payment Not Received.

Signed ______________________

Date  _______________________

 

G.3.2.11.  Pre‑payment Invoice.  Vendors shall submit a separate invoice for any pre‑payment approved in this BOA.  Pre‑payments will be made at the Government's option.  The pre‑payment invoice shall be submitted to FFO and shall indicate the period covered by the pre-payment.  Vendors must track actual usage approved by FFO under the pre‑payment.  Any balance of prepaid funds remaining at the end of the fiscal year shall be refunded to LC.

 

G.3.2.12.  Resubmitted Invoices.  Invoices rejected and returned to vendors may be resubmitted for payment when the condition(s) causing the rejection have been corrected.  Resubmitted invoices shall be clearly identified. 

 

 

G.3.3.  INVOICE REVIEW AND PAYMENT.  For purposes of this clause, "invoice payment" means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.  This includes payments for partial deliveries that have been accepted by the Government and final costs or fee payments where amounts owed have been settled between the Government and the contractor.  Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made.  All days referred to in this clause are calendar days.  The designated billing office for transfer pay accounts is LC/FEDLINK.

 

G.3.3.1.  Return of Improper Invoices.  If the invoice does not comply with requirements herein, then the contractor shall be notified of the defect within 15 days after receipt of the invoice at the designated billing office.  Untimely notification by the Government will be taken into account in the computation of any interest penalty owed the contractor in the manner described in subparagraph 3.4. of this clause.  Rejected invoices will be accompanied by a form indicating the reason for the rejection and may be resubmitted when the condition(s) causing the rejection have been corrected.

 

G.3.3.2.  Invoice Adjustments.  The Government may adjust invoices to remove charges not valid and not payable under this BOA, such as line items for excluded services, sales tax, freight charges, and prior month billing.

 

G.3.3.3.  Payment Due Date.  The due date for making invoice payments by the designated payment office shall be the later of the following two events:

 

G.3.3.3.1.  The 30th day after the designated billing office has received a proper invoice from the contractor.

 

G.3.3.3.2.  The 30th day after Government acceptance of supplies delivered or services performed by the contractor.  On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement.  However, if the designated billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due date shall be deemed to be the 30th day after the date the contractor's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or contractor compliance with contract requirements.

 

G.3.3.4.  Electronic Funds Transfer (EFT) Payment Method.  (FAR 52.232-28, APR 1989) Vendors shall contact the LC Disbursing Office at (202) 707-6927 to obtain an "Automated Clearing House (ACH) Vendor Payment System Information Request" form (#22-99, 6/88) which shall be completed and submitted. This form is used by LC to transmit payment data, by electronic means, to the vendor's financial institution.  Payment shall be considered as being made on the effective date of the EFT. 

 

 

G.3.3.5.  Remittance Advice.  A remittance advice which details invoices for which payment is made will accompany payments.  Remittance advice for EFT payments shall be provided under separate cover to the point of contact (POC) identified in the BOA.  Vendors should use the remittance advice to update their accounts receivable information.

 

 

G.3.4.  INTEREST PAYMENTS. 

 

G.3.4.1.  Conditions for Interest Payment.  An Interest penalty shall be paid automatically by the Government, without request from the contractor, if payment is not made by the due date and the conditions listed in this clause are met, if applicable.  An interest penalty shall not be paid on agreements issued to foreign contractors outside the United States for work performed outside the United States.

 

G.3.4.1.1.  A proper invoice was received by the designated billing office.

 

G.3.4.1.2.  A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with any contract term or condition.

 

G.3.4.1.3.  In the case of final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the contractor.

 

G.3.4.1.4.  Payment is made to the business concern more than 15 days after the due date, and/or a discount is taken after the discount period has expired and the underpayment is not corrected within 15 days of the expiration of the discount period.

 

 

G.3.4.2.  Interest Rate.  The interest penalty shall be at the rate established by the Secretary of the Treasury under section 12 of the Contract Disputes Act of 1978 (41 USC 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmental authority.  This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1.  The interest penalty shall accrue daily on the invoice payment amount approved by the Government and shall be compounded in 30-day increments through the payment date, with the first 30-day period beginning the first day after the due date.  That is, interest accrued at the end of any 30-day period will be added to the approved invoice payment amount and be subject to interest penalties if not paid in the succeeding 30-day period.  If the designated billing office failed to notify the contractor of a defective invoice (as described in paragraph G.3.2. and following) within the periods prescribed in subparagraph G.3.3.1., then the due date on the corrected invoice will be adjusted by subtracting the number of days taken beyond the prescribed notification of defects period, as set out in subparagraph G.3.4.4., below.  Any interest penalty owed the contractor will be based on the adjusted due date.  Adjustments will be made by the designated payment office for errors in calculating interest penalties, if requested by the contractor.

 

G.3.4.3.  Acceptance for Interest Purposes.  For the sole purpose of computing an interest penalty that might be due the contractor, Government acceptance shall be deemed to have occurred constructively on the 15th day (unless otherwise specified in the agreement) after the contractor delivered the supplies or performed the services in accordance with the terms and conditions of the agreement, unless there is a disagreement over quantity, quality, or contractor compliance with a contract provision.  In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance.  The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

 

G.3.4.4.  Periods Not Subject to Interest.  The following periods of time will not be included in the determination of an interest penalty:

 

G.3.4.4.1.  The period taken to notify the contractor of defects in invoices submitted to the Government, but this shall not exceed 15 days.

 

G.3.4.4.2.  The period between the defects notice and resubmission of the corrected invoice by the contractor.

 

G.3.4.4.3.  Interest penalties will not continue to accrue after the filing of a claim for such penalties under the FAR clause at 52.233-1, Disputes, or for more than one year.  Interest penalties of less than $1.00 need not be paid.

 

G.3.4.4.4.  Interest penalties are not required on payment delays due to disagreement between the Government and contractor over the payment amount or other issues involving contract compliance or the amounts temporarily withheld or retained in accordance with the terms of the contract.  Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the FAR clause at 52.233-1, Disputes, as amended by the Library.

G.3.4.5.  Interest on Discounts Taken Improperly.  An interest penalty shall also be paid automatically by the designated payment office without request from the contractor, if a discount for prompt payment is taken improperly.  The interest penalty will be calculated as described above on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when payment is made to the contractor, if the underpayment is not corrected within 15 days of the expiration of the discount period.

 

G.3.4.6.  Contract Financing Payments.

 

G.3.4.6.1.  For purposes of this clause, "contract financing payment" means a Government disbursement of monies to a contractor under contract clause or other authorization prior to acceptance of supplies or services by the Government.

 

G.3.4.6.2.  For contracts that provide for contract financing, requests for payment shall be submitted to the designated billing office as specified in this contract or as directed by the contracting officer.  Contract financing payments shall be made on the 30th day after receipt of a proper contract financing request by the designated billing office.  In the event that an audit or other review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment on this date.

 

G.3.4.6.3.  For advance payments, loans, or other arrangements that do not involve recurrent submissions of contract financing requirements, payment shall be made in accordance with the corresponding contract terms or as directed by the contracting officer.

 

G.3.4.6.4.  Contract financing payments shall not be assessed an interest penalty for payment delays.

 

 

G.4.  DIRECT PAY.

 

G.4.1.  Initiating Direct Pay Service.

 

(a)  Authorization.  LC/C&L shall issue to the vendor an authorization for each FEDLINK member using the vendor's service in the direct pay mode under the LC/FEDLINK BOA.  The authorization indicates that the member is authorized to use the LC/FEDLINK BOA during the current fiscal year. 

(b)                        Purchase Order from Member.  Members shall issue a local purchase order through LC/C&L to the vendor for all orders over $100,000.  All orders up to $100,000 shall be sent directly to the vendor.  The purchase order shall reference the LC/FEDLINK BOA  number and the member's FEDLINK ID and shall indicate purchase order funding level.  For all orders over $100,000, LC/C&L will forward the member's purchase order to the vendor through FFO by LC/C&L concurrent with the issuance of the LC/FEDLINK authorization.  For orders under $100,000, members shall send purchase orders directly to the vendor after the LC/FEDLINK authorization is issued.  Orders sent to vendor shall not exceed $100,000.  Purchase order modifications for orders exceeding $100,000 shall be forwarded to the vendor through LC/C&L.

 

(c)                        Beginning Service.  The vendor shall not begin, renew, or convert to the LC/FEDLINK BOA any service for any FEDLINK member until an LC authorization and local purchase order for that member for that service for the current fiscal year have been received.  The vendor shall contact the member to begin service immediately upon receiving and accepting the member's purchase order and LC authorization.  Subsequently, the vendor shall invoice the member directly against the local purchase order. 

 

(d)                        Member Identification.  After receiving the LC authorization and local purchase order, all vendor correspondence with FEDLINK regarding the member shall identify the member by the FEDLINK ID and control number as indicated on LC authorization.

 

 

G.4.2.  Invoice Payment for Direct Pay Customers. 

 

The vendor shall invoice members directly against their local purchase orders.  LC/FEDLINK shall not process invoices for Direct Pay customers. 

 

 

 

G.5.  FEDLINK SERVICES TO CONTRACTORS.

 

G.5.1.  PUBLICITY.  LC/FEDLINK will inform FEDLINK members about the services available under the program. 

 

G.5.2.  MAILING LISTS.  A mailing list of FEDLINK members can be provided to contractors upon written request to the address below.  Contractor will be expected to pay costs associated with provision of mailing lists.

 

Library of Congress

Chief, Office Systems Services

Madison Bldg., Rm. 612

SECTION H - SPECIAL CONTRACT REQUIREMENTS

 

H.1.  CONDUCT OF WORK. 

A Contracting Officer's Technical Representative (COTR) may be designated to represent the Contracting Officer for the purpose of coordinating with the vendor in administering the technical aspects of performance for a particular user's account.  The COTR may issue written or oral instructions to fill in details in the scope of work set forth in this contract via the Contracting Officer.  The COTR is not authorized, however, to make any changes which affect the contract amount, terms and conditions.  The Contracting Officer is the only party authorized to bind the Library of Congress.

 

 

H.2.  REPORTING REQUIREMENTS.

 

H.2.1.  QUARTERLY SUMMARY OF ALL USER ACTIVITY.

 

H.2.1.1.  Report.  The vendor shall submit quarterly the agency name and total dollars obligated for the services provided in this contract.  The vendor may use the FEDLINK Quarterly Summary Report Form as attached or develop a computerized report as long as it provides the information identified below.  Reports in machine-readable form are encouraged.  To facilitate FEDLINK reporting of usage under its delegation of procurement authority from GSA, and reconciliation of FEDLINK records, the report shall be sorted according to payment option (direct and transfer) customer and shall provide the following information:

 

$ Reporting period - fiscal year, months

$ Agency name

$ IAG number

$ FEDLINK ID

$ Current quarterly dollars expended for each customer

$ Fiscal year cumulative dollars expended

$ Payment option - transfer or direct

 

H.2.1.2.  Deadline.  This report shall be received in the Contracts and Logistics Office within thirty (30) calendar days after the end of the particular reporting fiscal year quarter.

 

H.2.1.3.  Failure.  Failure on the part of the vendor to comply with this requirement shall constitute an "incomplete package" for invoicing purposes and no payment shall be made until the report is received.

 

H.3.  USE OF LIBRARY OF CONGRESS NAME OR CONTRACTUAL RELATIONSHIP IN ADVERTISING.  The Vendor agrees not to refer to awards from or contracts with the Library in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Library or is superior to other products or services.  The Vendor also agrees not to distribute or release any information which states or implies that the Library endorses, uses, or distributes the Vendor's product or service.

 


 

H.4.  NEWS RELEASES.  News releases pertaining to this contract will not be made without Library approval, as appropriate, and then only upon written approval received from the Contracting Officer.

 

H.5.  OPTIONS.

H.5.1.  This Basic Ordering Agreement (BOA) is renewable upon mutual agreement of the parties prior to expiration of the BOA term.  If this option for renewal is exercised, the BOA as renewed shall be deemed to include this option provision.  However, the total duration of this BOA, including the exercise of any options under this clause, shall not exceed 4 one-year periods after completion of the initial BOA period on September 30, 2000.  No price increases will be accepted that are effective commercially after the date of award of the renewal BOA or October 1 of the BOA term, whichever occurs first.

 

H.5.2.  The Government shall give the contractor preliminary notice of its intention to negotiate renewal of the BOA for the following contract year.  The contractor must respond to the renewal notice from this office in the time frame specified and certifications shall be submitted to the Government in accordance with the requirements of the renewal notice.

 

H.5.3.  If the contractor does not meet the criteria in H.5.2. above, a complete new offer must be submitted in response to the appropriate solicitation.  Also, if there have been changes in commercial marketplace practices to alter the Government's relative position established at the time of initial award, a complete new offer must be submitted.

 

 

H.6. OPEN SEASON SOLICITATION.

 

H.6.1 The Library may issue an open season solicitation to allow new vendors to submit proposals for Books and Library Publications Acquisitions Services during the term of this agreement.

 


     FEDLINK QUARTERLY  SUMMARY  REPORT

 

Vendor's Name: ____________________________________              Library of Congress BOA # _____________________

 

Address:      _____________________________________            Period of Performance: ________________________________

 

  _____________________________________

 

  _____________________________________

 

 

   INTERAGENCY      CURRENT  FISCAL YEAR     TRANSFER (T)

    AGREEMENT FEDLINK    QUARTERLY   CUMULATIVE    OR

  NAME OF AGENCY       NUMBER      I.D.        TOTAL TOTAL DIRECT (D)

 

___________________________________ __________________ _________ _________________ ____________________ _________

___________________________________ __________________ _________ _________________ ____________________ _________

___________________________________ __________________ _________ _________________ ____________________ _________

___________________________________ __________________ _________ _________________ ____________________ _________

___________________________________ __________________ _________ _________________ ____________________ _________

___________________________________ __________________ _________ _________________ ____________________ _________

___________________________________ __________________ _________ _________________ ____________________ _________

___________________________________ __________________ _________ _________________ ____________________ _________

___________________________________ __________________ _________ _________________ ____________________ _________

Prepared by: __________________________________           Date:_________________


 

SECTION I - CONTRACT CLAUSES

 

I.1.         NOTICE:  The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:

 

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

 

NUMBER     DATE          TITLE

 

52.202‑1                        OCT 1995                        DEFINITIONS

52.203‑3            APR 1984            GRATUITIES

52.203‑5             APR 1984            COVENANT AGAINST CONTINGENT FEES

52.203‑6 JUL 1995 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

52.203‑7            JUL 1995            ANTI‑KICKBACK PROCEDURES

52.203-8 JAN 1997 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY.

52.203-10 JAN 1997 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

52.203-12 JUN 1997 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS.

52.204-4 JUN 1996 PRINTING/COPYING DOUBLE‑SIDED ON RECYCLED PAPER.

52.209-6 JUL 1995 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT.

52.213-2            APR 1984            INVOICES

52.214-34            APR 1991            SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE.

52.214-35            APR 1991            SUBMISSION OF OFFERS IN U.S. CURRENCY.

52.215‑8            OCT 1997            ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT.

52.215‑14            OCT 1997            INTEGRITY OF UNIT PRICES

52.215-19            OCT 1997            NOTIFICATION OF OWNERSHIP CHANGES.

52.217-8            AUG 1989            OPTION TO EXTEND SERVICES    

52.217-9 MAR 1989 OPTION TO EXTEND THE TERM OF THE CONTRACT

52.219‑8 JUN 1999 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS CONCERNS

52.222‑1            FEB 1997            NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

52.222-4 JUL 1995 CONTRACT WORK HOURS & SAFETY STANDARDS ACT-OVERTIME COMPENSATION

52.222‑20 DEC 1996 WALSH‑HEALEY PUBLIC CONTRACTS ACT

52.222‑26     FEB 1999     EQUAL OPPORTUNITY

52.222‑35 APR 1998 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS

52.222‑36          JUN 1999             AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS

52.222-37 JAN 1999 EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA.

52.223‑2          JAN 1984            CLEAN AIR AND WATER

52.223-5 APR 1998 POLLUTION PREVENTION AND RIGHT‑TO‑KNOW INFORMATION.

52.223‑6          JAN 1997            DRUG‑FREE WORKPLACE

52223-14 OCT 1996 TOXIC CHEMICAL RELEASE REPORTING.

52.225‑3          JAN 1994     BUY AMERICAN ACT ‑‑ SUPPLIES

52.227-1          JUL 1995            AUTHORIZATION AND CONSENT

52.227‑2 AUG 1996 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT

52.229‑3          JAN 1991            FEDERAL, STATE, AND LOCAL TAXES

52.229‑5 APR 1984 TAXES ‑‑ CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO

52.230-2          APR 1998     COST ACCOUNTING STANDARDS

52.232‑1          APR 1984            PAYMENTS

52.232‑8          MAY 1997            DISCOUNTS FOR PROMPT PAYMENT

52.232‑11         APR 1984            EXTRAS

52.232‑17         JUN 1996            INTEREST

52.232‑18         APR 1984            AVAILABILITY OF FUNDS

52.232‑23         JAN 1986            ASSIGNMENT OF CLAIMS

52.232‑33 MAY 1999 MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT

52.232‑34 MAY 1999 OPTIONAL INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT

52.233‑3          AUG 1996            PROTEST AFTER AWARD

52.237‑3          JAN 1991            CONTINUITY OF SERVICES

52.242-13         JUL 1995            BANKRUPTCY

52.243‑1          AUG 1987            CHANGES ‑‑ FIXED‑PRICE

52.244‑5          DEC 1996            COMPETITION IN SUBCONTRACTING

52.245‑2          DEC 1989            GOVERNMENT PROPERTY

52.249‑4 APR 1984 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES)(SHORT FORM)

52.249‑8          APR 1984            DEFAULT (FIXED‑PRICE SUPPLY AND SERVICE)

52.253-1          JAN 1991            COMPUTER GENERATED FORMS

 

(End of Clause)

 

 


 

I.2.  52.215-2 AUDIT AND RECORDS--NEGOTIATION.  (AUG 1996)-- As Modified by

the Library of Congress (SEP 1996)

 

(a) As used in this clause, records includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

 

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the contract.

 

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor's records, including computations and projections, related to--

 

(1) The proposal for the contract, subcontract, or modification;

 

(2) The discussions conducted on the proposal(s), including those related to negotiating;

 

(3) Pricing of the contract, subcontract, or modification; or

 

(4) Performance of the contract, subcontract or modification.

 

 

(d) The Librarian of Congress, and the Comptroller General--

 

(1) The Librarian of Congress, or an authorized representative of the Librarian of Congress and the Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and the right to examine any of the Contractor's directly pertinent records involving transactions related to this contract or a subcontract hereunder.

 

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

 


(e) Reports. If the Contractor is required to furnish cost,  funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and  materials, for the purpose of evaluating (1) the effectiveness of the Contractor's policies and procedures to produce data compatible with the objectives of these reports and (2) the data reported.

 

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition--

 

(1) If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement; and

 

(2) Records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

 

(g) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (a), in all subcontracts under this contract that exceed the simplified acquisition threshold in FAR Part 13, and--

 

(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of these;

 

(2) For which cost or pricing data are required; or

 

(3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause.

 

The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

 

(End of Clause)

 

 

 

 

I.3.  (FAR 52.222-3) CONVICT LABOR --As Modified by the Library of Congress (AUG 1996)

 

The Contractor agrees not to employ any person undergoing sentence of imprisonment in performing this contract.

(End of Clause)

 

 

I.4.  (FAR 52.232-25) PROMPT PAYMENT --As Modified by the Library of Congress     (MAY 1997)


Notwithstanding any other payment clause in this agreement, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause.  Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made.  All days referred to in this clause are calendar days, unless otherwise specified.

 

(a)  Invoice Payment.

 

(1)  For purposes of this clause, "invoice payment" means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.  This includes payments for partial deliveries that have been accepted by the Government and final costs or fee payments where amounts owed have been settled between the Government and the contractor.

 

(2)  The due date for making invoice payments by the designated payment office shall be the later of the following two events:

 

(i)  The 30th day after the designated billing office has received proper invoice from the contractor.

 

(ii)  The 30th day after Government acceptance of supplies delivered or services performed by the contractor.  On a final invoice where the payment amount is subject to contract settlement actions, acceptance must be deemed to have occurred on the effective date of the contract settlement.  However, if the designated billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due date shall be deemed to be the 30th day after the date the contractor's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or contractor compliance with contract requirements.

 

(3)  An invoice is the contractor's bill or written request for payment under the contract for supplies delivered or services performed.  An invoice shall be prepared and submitted to the designated billing office specified in the contract.  A proper invoice must include the applicable items listed in subdivisions (a)(3)(i) through (a)(3)(xiii) of this clause.  If the invoice does not comply with these requirements, then the contractor will be notified of the defect within 15 days after receipt of the invoice at the designated billing office.  Untimely notification by the Government will be taken into account in the computation of any interest penalty owed the contractor in the manner described in subparagraph (a)(5) of this clause. 

 

(i)  Name and address of the contractor.

 

(ii) Invoice date.

 

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number, if possible).


(iv)  Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

 

(v)  Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms).  Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

 

(vi)  Name and address of Contractor's official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

 

(vii) Name (where practicable), title, phone number, and mailing address of person to be notified in event of defective invoice.

 

(viii) Any other information or documentation required by other requirements of the contract (such as evidence of shipment).

 

(ix)  For each user of a service prepaid by the Library of Congress/FEDLINK under a fiscal year contract, the vendor shall provide to FEDLINK not less than one (1) original and one (1) copy of each service summary invoice and not less than one (1) original and one (1) copy of each detailed usage report.

 

(x)  For each FEDLINK transfer pay user of a non-prepaid service, the vendor shall provide to FEDLINK not less than one (1) original and one (1) copy of each service summary invoice and not less than one (1) original and one (1) copy of each detailed usage report in support of the invoice.

 

(xi)  FEDLINK reserves the right to reject upon receipt and to return to the vendor invoices with insufficient copies as specified in subdivisions (a)(3)(ix) and (a)(3)(x) above.

 

(xii) All invoices, except summary invoices, and all detailed usage reports must indicate the Basic Ordering Agreement, delivery order number, service user's name, address, and four character FEDLINK identification code as provided to the vendor in the official delivery order from the Library of Congress Contracts and Logistics Service.  FEDLINK reserves the right to reject upon receipt and to return to the vendor invoices with insufficient identification.

 

(xiii) The vendor shall issue separate statements for all accrued credit on an individual service user's account and shall indicate on the credit statement the relevant invoice number(s) as well as the user's name and FEDLINK identification code.

 

(4)  An Interest penalty shall be paid automatically by the Government, without request from the contractor, if the conditions listed in subdivisions (a)(4)(i) through (a)(4)(iv) of this clause are met, if applicable.  An interest penalty shall not be paid on contracts awarded  to foreign vendors outside the United States for work performed outside the United States.

 

(i)  A proper invoice was received by the designated billing office.

 

(ii) A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with any contract term or condition.

 

(iii)  In the case of final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the contractor.

 

(iv)  Payment is made to the business concern more than 15 days after the due date.

 

(5)  The interest penalty shall be at the rate established by the Secretary of the Treasury under section 12 of the Contract Disputes Act of 1978 (41 USC 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmental authority.  This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1.  The interest penalty shall accrue daily on the invoice payment amount approved by the Government and shall be compounded in 30-day increments through the payment date, with the first 30-day period beginning the first day after the due date.  That is, interest accrued at the end of any 30-day period will be added to the approved invoice payment amount and be subject to interest penalties if not paid in the succeeding 30-day period.  If the designated billing office failed to notify the contractor of a defective invoice within the periods prescribed in subparagraph (a)(3) of this clause, then the due date on the corrected invoice will be adjusted by subtracting the number of days taken beyond the prescribed notification of defects period set out in subparagraph (a)(3) of this clause.  Any interest penalty owed the contractor will be based on this adjusted due date.  Adjustments will be made by the designated payment office for errors in calculating interest penalties, if requested by the contractor.

 

(i)  For the sole purpose of computing an interest penalty that might be due the contractor, Government acceptance shall be deemed to have occurred constructively on the 15th day (unless otherwise specified in the agreement) after the contractor delivered the supplies or performed the services in accordance with the terms and conditions of the agreement, unless there is a disagreement over quantity, quality, or contractor compliance with a contract provision.  In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance.  The constructive acceptance requirement does not, however, compel Government official to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

 

(ii)  The following periods of time will not be included in the determination of an interest penalty:


(A) The period taken to notify the contractor of defects in invoices submitted to the Government, but this shall not exceed 15 days.

 

(B) The period between the defects notice and resubmission of the corrected invoice by the contractor.

 

(iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the FAR clause at 52.233-1, Disputes, or for more than one year.  Interest penalties of less than $1.00 need not be paid.

 

(iv)  Interest penalties are not required on payment delays due to disagreement between the Government and contractor over the payment amount or other issues involving contract compliance or the amounts temporarily withheld or retained in accordance with the terms of the contract.  Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the FAR clause at 52.233-1, Disputes, as amended by the Library.

 

(6)  An interest penalty shall also be paid automatically by the designated payment office without request from the contractor, if a discount for prompt payment is taken improperly.  The interest penalty will be calculated as described in subparagraph (a)(5) above on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when payment is made to the contractor, if the underpayment is not corrected within 15 days of the expiration of the discount period.

 

(b)  Contract Financing Payments.

 

(1)  For purposes of this clause, "contract financing payment" means a Government disbursement of monies to a Contractor under a contract clause or other authorization prior to acceptance of supplies or services by the Government.

 

(2)  For contracts that provide for contract financing, requests for payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting Officer.  Contract financing payments shall be made on the 30th day after receipt of a proper contract financing request by the designated billing office.  In the event that an audit or other review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment on this date.

 

(3)  For advance payments, loans, or other arrangements that do not involve recurrent submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer.

 

(4)  Contract financing payments shall not be assessed an interest penalty for payment delays.

 


(End of Clause)

 

I.5. (FAR 52.233-1) DISPUTES (OCT 1995)‑‑As Modified by the Library of Congress (JAN 1996)

 

(a) This contract is not subject to the Contract Disputes Act of 1978, as amended  (41 U.S.C.601-613).

 

(b) All disputes arising under or relating to this contract shall be resolved under this clause.

 

(c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract.  A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under this clause until certified as required by subparagraph (d)(2) below.  A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under this clause.  The submission may be converted to a claim under this clause if it is disputed either as to liability or amount, or is not acted upon in a reasonable time, by complying with the submission and certification requirements of this clause.

 

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

 

   (2)   (i) Contractors shall provide the certification specified in subparagraph (d)(2)(iii) of this clause when submitting any claim -

 

  (A) Exceeding $100,000; or

 

  (B) Regardless of the amount claimed, when using -

 

(1) Arbitration conducted pursuant to 5 U.S.C. 575-580; or

 

(2) Any other alternative means of dispute resolution (ADR) technique that the agency elects to handle in accordance with the Administrative Dispute Resolution Act (ADRA).

 

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

 


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

 

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

 

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

 

(f) The Contracting Officer's decision shall be final unless the Contractor appeals to the Chief of the Contracts and Logistics Services who will serve as the Hearing Officer to review the decision.

 

(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use ADR.  If the Contractor refuses an offer for alternative dispute resolution, the Contractor shall inform the Contracting Officer, in writing, of the Contractors specific reasons for rejecting the request.  When using arbitration pursuant to 5 U.S.C. 575-580, or when using any other ADR technique that the agency elects to handle in accordance with the ADRA, any claim, regardless of amount, shall be accompanied by the certification described in subparagraph (d)(2)(iii) of this clause, and executed in accordance with subparagraph (d)(3) of this clause.

 

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

 

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

(End of Clause)

 

 

I.6.  (FAR 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 address:            http://www.arnet.gov/far                      (End of Clause)

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

 

 

ATTACHMENT 1 - Format Options Chart.  As described in C.4.1.1.  

 

ATTACHMENT 2 - Fulfillment Chart.  As described in L.6.4.2(b).

 

ATTACHMENT 3 - FREQUENTLY ASKED QUESTIONS (FAQ).

 

 

 


 

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

 

 

K.1.  (FAR 052.203-2) CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

        (APR 1985)

 

(a)  The offeror certifies that‑‑

 

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered;

 

(2)  The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

 

(3)  No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

 

(b)  Each signature on the offer is considered to be a certification by the signatory that the signatory‑‑

 

(1)  Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and  that the signatory has not participated and will not participate in  any action contrary to subparagraphs (a)(1) through (a)(3) above; or

 

(2)  (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above   

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

[Insert full name of person(s) in the offeror's organization responsible for determining the prices offered in the bid or proposal, and the title of his or her position in the offeror's organization];

 

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.


 

(c)  If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

 

(End of Provision)

 

 

K2.  (FAR 52.203.8)  CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY. (JAN 1997)

 

(a) If the Government receives information that a contractor or a person has engaged in conduct constituting a violation of subsection (a), (b), (c), or (d) of Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423) (the Act), as amended by section 4304 of the National Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104-106), the Government may--

 

(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or

 

(2) Rescind the contract with respect to which--

 

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct constitutes a violation of subsection 27 (a) or (b) of the Act for the purpose of either--

 

(A) Exchanging the information covered by such subsections for anything of value; or

 

(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or

 

(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct constituting an offense punishable under subsection 27(e)(1) of the Act.

 

(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

 

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

 

     (End of Provision)

 


K.3.  (FAR 52.203-22) CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991)

 

(a) The definitions and prohibitions contained in the clause, at FAR 52.203‑12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification.

 

(b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989‑‑

 

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;

 

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and 

 

(3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.

 

(c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

 

(End of provision)

 

 

 

 

K.4.  (FAR 52.204-3) TAXPAYER IDENTIFICATION (JUN 1997)

 

(a) Definitions

 


"Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

 

"Corporate status," as used in this solicitation provision, means a designation as to whether the offeror is a corporate entity, an unincorporated entity (e.g., sole proprietorship or partnership), or a corporation providing medical and health care services.

 

"Taxpayer Identification Number (TIN)," as used in this solicitation provision, means the number required by the IRS to be used by the offeror in reporting income tax and other returns.

 

(b) All offerors are required to submit the information required in paragraphs (c) through (e) of this solicitation provision in order to comply with reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue Service (IRS). If the resulting contract is subject to the reporting requirements described in FAR 4.903, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

 

(c) Taxpayer Identification Number (TIN).

 

(   ) TIN:_____________________.

(   ) TIN has been applied for.

(   ) TIN is not required because:

(   ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.;

(   ) Offeror is an agency or instrumentality of a foreign government;

(   ) Offeror is an agency or instrumentality of a Federal, state, or local government;

(   ) Other. State basis.______________________

 

(d) Corporate Status.

 

(   ) Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services;

(   )      Other corporate entity;

(   ) Not a corporate entity:

(   ) Sole proprietorship

(   ) Partnership

(   ) Hospital or extended care facility described in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR 501(a).

 

(e) Common Parent.


 

(   ) Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

(   ) Name and TIN of common parent:

 

Name_______________________________

 

TIN________________________________

 

(End of Provision)

 

 

 

 

K.5.  (FAR 52-204-5) WOMEN‑OWNED BUSINESS (OCT 1995)

 

(a) Representation. The offeror represents that it [   ] is, [   ] is not a women‑owned business concern.

 

(b) Definition. "Women‑owned business concern," as used in this provision, means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

 

(End of provision)

 

 

K.6. (FAR 52.204-6) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 1998)

 

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" followed by the DUNS number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine‑digit number assigned by Dun and Bradstreet Information Services.

 

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror, if located within the United States, should call Dun and Bradstreet at 1‑800‑333‑0505. The offeror should be prepared to provide the following information:

 

(1) Company name                                                                                    .

(2) Company address.                                                                                .

(3) Company telephone number.                                                                  .

(4) Line of business.                                                                                   .

(5) Chief executive officer/key manager.                                                       .


(6) Date the company was started.                                                                .

(7) Number of people employed by the company.                                         .

(8) Company affiliation.                                                                            .   

 

(c) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet home page at http://www.dnb.com/. If an offeror is unable to locate a local service center, it may send an e‑mail to Dun and Bradstreet at globalinfo@mail.dnb.com.

(End of provision)

 

 

K.7.  (FAR 209-5) CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED           DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996)

 

(a)        (1) The Offeror certifies, to the best of its knowledge and belief, that‑‑

 

(i) The Offeror and/or any of its Principals‑‑

 

(A) Are [   ] are not [   ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

 

(B) Have [   ] have not [   ], within a three‑year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and

 

(C) Are [   ] are not [   ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision.

 

(ii) The Offeror has [   ] has not [   ], within a three‑year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

 

(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

 


This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

 

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

 

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

 

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

 

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

 

(End of provision)

 

 

K.8. (FAR 215-4) TYPE OF BUSINESS ORGANIZATION (OCT 1997)

 

The offeror or respondent, by checking the applicable box, represents that‑‑

 

(a) It operates as [   ] an individual, [   ] a partnership, [   ] a nonprofit organization, [   ] a joint venture, or [   ] a corporation incorporated under the laws of the State of _____________.

 

(b) If the offeror or respondent is a foreign entity, it operates as [   ] an individual, [   ] a partnership, [   ] a nonprofit organization, [   ] a joint venture, or [   ] a corporation, registered for business in __________________________(country).

 

(End of provision)

 

 


K.9. (FAR 52.215-6) PLACE OF PERFORMANCE (OCT 1997)

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation,

[   ] intends, [   ] does not intend to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.

 

(b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information:

 

Place of Performance                         Name and Address of Owner

(Street Address, City, County,             and Operator of the Plant

State, Zip Code)                                 or Facility if Other than

Offeror or Quoter

 

______________________________            _______________________________

 

______________________________            _______________________________

 

______________________________            _______________________________

 

______________________________            _______________________________

 

(End of Provision)

 

 

K.10. (FAR 52.219-1)  SMALL BUSINESS PROGRAM REPRESENTATIONS.  (FEB 1998)

 

(a)(1) The standard industrial classification (SIC) code for this acquisition is ____________________ [insert SIC code].

 

(2) The small business size standard is _____________ [insert size standard].

 

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

 

(b) Representations. (1) The offeror represents as part of its offer that it [   ] is, [   ] is not a small business concern.

 

(2) (Complete only if offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it [   ] is, [   ] is not a small disadvantaged business concern.


(3) (Complete only if offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it [   ] is, [   ] is not a women‑owned small business concern.

 

(c) Definitions.

 

"Joint venture," for purposes of a small disadvantaged business (SDB) set‑aside or price evaluation preference (as prescribed at 13 CFR 124.321), is a concern that is owned and controlled by one or more socially and economically disadvantaged individuals entering into a joint venture agreement with one or more business concerns and is considered to be affiliated for size purposes with such other concern(s). The combined annual receipts or employees of the concerns entering into the joint venture must meet the applicable size standard corresponding to the SIC code designated for the contract. The majority of the venture's earnings must accrue directly to the socially and economically disadvantaged individuals in the SDB concern(s) in the joint venture. The percentage of the ownership involvement in a joint venture by disadvantaged individuals must be at least 51 percent.

 

"Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

 

"Small disadvantaged business concern," as used in this provision, means a small business concern that (1) is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals, and (2) has its management and daily business controlled by one or more such individuals. This term also means a small business concern that is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business having at least 51 percent of its stock unconditionally

owned by one or more of these entities, which has its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization, and which meets the requirements of 13 CFR Part 124.

 

"Woman‑owned small business concern," as used in this provision, means a small business concern‑‑

 

(1) Which is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

 

(2) Whose management and daily business operations are controlled by one or more women.


(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set‑aside contains restrictions on the source of the end items to be furnished.

 

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small or small disadvantaged business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall‑‑

 

(i) Be punished by imposition of fine, imprisonment, or both;

 

(ii) Be subject to administrative remedies, including suspension and debarment; and

 

(iii) Be ineligible for participation in programs conducted under the authority of the             Act.

 

(End of Provision)

 

 

K.11. (FAR 52.222-21) CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984)

 

(a)  "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise.

 

(b)  By the submission of this offer, the offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained.  The offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

 

(c)  The offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will‑‑

 

(1) Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause;

(2) Retain the certifications in the files; and


(3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods):

 

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR

CERTIFICATIONS OF NONSEGREGATED FACILITIES

 

A Certification of Non-segregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity clause.  The certification may be submitted either for each subcontractor for all subcontracts during a period (i.e., quarterly, semiannually, or annually).

 

       NOTE:  The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

 

(End of Provision)

 

 

K.12. (FAR 52.222-22) PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984)

 

The offeror represents that‑‑

 

(a) It [   ] has, [   ] has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114;

 

(b) It [   ] has, [   ] has not filed all required compliance reports; and

 

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

 

(End of Provision)

 

 

K.13. (FAR 52.222-25) AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

 

The offeror represents that‑‑

 

(a)  It [   ] has developed and has on file, [   ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60‑1 and 60‑2), or

 


(b) It [   ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

 

(End of Provision)

 

 

K.14. (FAR 52.223-1) CLEAN AIR AND WATER CERTIFICATION (APR 1984)

 

The Offeror certifies that‑‑

 

(a) Any facility to be used in the performance of this proposed contract is [   ] is not [   ] listed on the Environmental Protection Agency (EPA) List of Violating Facilities;

 

(b) The Offeror will immediately notify the Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the EPA, indicating that any facility that the Offeror proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and

 

(c) The Offeror will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract.

 

(End of provision)

 

 

K.15. (FAR 52.223-13) CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING

         (OCT 1996)

 

(a) Submission of this certification is a prerequisite for making or entering into this contract imposed by Executive Order 12969, August 8, 1995.

 

(b) By signing this offer, the offeror certifies that‑‑

 

(1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right‑to‑Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or

 

(2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: [Check each block that is applicable.]


[    ] (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C. 11023(c);

 

[  ] (ii) The facility does not have 10 or more full‑time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C.11023(b)(1)(A);

 

[   ] (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

 

[   ] (iv) The facility does not fall within Standard Industrial Classification Code (SIC) designations 20 through 39 as set forth in section 19.102 of the Federal Acquisition Regulation; or

 

[   ] (v) The facility is not located within any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, or any other territory or possession over which the United States has jurisdiction.

 

(End of provision)

 

 

K.16. (FAR 52.225-1) BUY AMERICAN CERTIFICATE (DEC 1989)

 

The offeror certifies that each end product, except those listed below, is a domestic end product (as defined in the clause entitled "Buy American Act ‑ Supplies"), and that components of unknown origin are considered to have been mined, produced, or manufactured outside the United States.

 

 

 

Excluded End Products                       Country Of Origin

 

_________________________________            ________________________________

 

_________________________________            ________________________________

 

_________________________________            ________________________________

(List as necessary)

 

 

Offerors may obtain from the contracting officer lists of articles,  materials, and supplies excepted from the Buy American Act.


(End of Provision)

 

 

K.17.  PARENT COMPANY AND IDENTIFYING DATA

 

(a) A "parent" company, for the purpose of this provision, is one that owns or controls

the activities and basic business policies of the bidder.  To own the bidding company means that the parent company must own more than 50 percent of the voting rights in that company.  A company may control a bidder as a parent even though not meeting the requirement for such ownership if the parent company is able to formulate, determine, or veto basic policy decisions of the offeror through the use of dominant minority voting rights, use of proxy voting, or otherwise. 

 

(b) The bidder [   ] is, [   ] is not [check applicable box] owned or controlled by a parent company.

 

(c) If the bidder checked "is" in paragraph (b) above, it shall provide the following information:

 

Name and Main Office Address of                                 Parent Company's Employer's

Parent Company (Include ZIP Code)                           Identification Number

__________________________________                ______________________________

 

___________________________________              ______________________________

 

___________________________________              ______________________________

 

(d) If the bidder checked "is not" in paragraph (b) above, it shall insert its own Employer's Identification Number on the following line

_________________________________________________________.

 

 

K.18.  PERIOD FOR ACCEPTANCE OF OFFER

 

In compliance with the solicitation, the offeror agrees, if this offer is accepted within ___calendar days (90 calendar days unless a different period is inserted by the offeror) from the date specified in the solicitation for receipt of offerors, to furnish any or all items on which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

 

                       

 

 

 

K.19.  AUTHORIZED NEGOTIATORS

 


The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations:  [list names, titles, and telephone numbers of the authorized negotiators].

 

______________________________________________________________________

 

______________________________________________________________________

 

 

K.20. ADDRESS TO WHICH PAYMENT SHOULD BE MAILED

 

In the space provided below, the Contractor is requested to indicate the name and address to which payment should be mailed.

____________________________________________________________________________________

 

____________________________________________________________________________________

 

____________________________________________________________________________________

 

____________________________________________________________________________________

 

 

K.21.  MOST FAVORED CUSTOMER PRICE

 

The Offeror warrants and agrees that the prices charged FEDLINK users under this agreement  will not exceed the prices charged by the vendor to its most favored customer for the same item or services in like or comparable quantities; and further agrees, that any payments received for charges made in excess of prices paid by such most favored customers will be returned to the Government.

 

 

K.22.   FACSIMILE NUMBER

 

The offeror shall indicate below the telephone number (if applicable) to which the Government may send written communications electronically.

 

                 FAX NUMBER :                                                        

 

 

 

K.23.   E-MAIL ADDRESS

 

The offeror shall indicate below the e-mail address (if applicable) to which the Government may send communications electronically.

 

          E-MAIL ADDRESS:                                                      

 

 

 

 

 

 

 

I HEREBY CERTIFY THAT THE RESPONSES TO THE ABOVE REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS ARE ACCURATE AND COMPLETE.

 

 

SIGNATURE:            _________________________________________________________________

 

TITLE:            _________________________________________________________________

 

DATE:            _________________________________________________________________

 

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

 

 

Abbreviations used in this section:

 

BOA    Basic Ordering Agreement

C&L    LC Contracts & Logistics

CFR     Code of Federal Regulations

CLIN   Contract Line Item Number

COTR  Contract Officer's Technical Representative

FAR     Federal Acquisition Regulation

FFO     FEDLINK Fiscal Operations

FNO     FEDLINK Network Operations

LC       Library of Congress

RFP     Request for Proposal

SOW    Statement of Work

TEC     Technical Evaluation Committee

 

 

L.1.      FAR PROVISIONS.

 

L.1.1.   Solicitation Provisions Incorporated by Reference (FAR 52.252-1 FEB 1998).

 

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http:\\www.arnet.gov/far

(End of provision)

 

 

L.1.2.   NOTICE:  The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:

 

 

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

 

NUMBER        DATE TITLE

 


52.204-6           APR 1998         Data Universal Numbering System (DUNS) Number.

52.215‑1           OCT 1997         Instructions to Offerors - Competitive. Alternate II.

52.216-27          OCT 1995         Single or Multiple Awards.

 

L.1.3.   Type of contract (FAR 52.216-1  APR 1984).  The Government contemplates award of a Basic Ordering Agreement resulting from this solicitation and reserves the right to make multiple awards.

 

 

L.1.4.   Service of Protest (FAR 52.233-2 AUG 1996).

 

(a) Protests, as defined in Section 33.101 of the Federal Acquisition Regulations, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

 

Contracting Officer:                   Joan M. Fitts

 

Hand‑Carried Address:  The Library of Congress

Contracts and Logistics Service-FEDLINK

101 Independence Avenue, SE

3rd Floor, Room 318

Washington, DC 20540-9414

 

Mailing Address:                       The Library of Congress

Contracts and Logistics Service-FEDLINK

101 Independence Avenue, SE

Washington, DC 20540-9414

 

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

 

 

L.2.      GENERAL PROPOSAL REQUIREMENTS.

 


L.2.1.   Basic Requirements.  Your proposal shall contain a response to services requested in Section C, Statement of Work (SOW), with special consideration given to factors identified below. The proposal shall be complete, sufficiently detailed, and specific to enable The Library of Congress to make a thorough evaluation of the proposal, and to arrive at a sound determination of whether the offeror has demonstrated a thorough comprehension of the FEDLINK requirements, including the specific provisions of the RFP, and will be able to provide services in accordance with the requirements of the RFP and resulting contract.  Of utmost importance is a complete and clear proposal written in a practical, concise, coherent, and logical manner, containing related materials directly applicable to this RFP.  The quality of the offerors  proposal will be considered to be representative of the quality of the offeror=s products and services.  General statements that you understand, can, or will comply with the requirements of the RFP, or paraphrasing of the RFP SOW will not be sufficient. 

 

L.2.2.   Data From Previous Contracts.  Data previously submitted or presumed to be known by LC/FEDLINK (e.g., from previous contracts or projects performed) will not be considered as part of this proposal.  Do not incorporate such data into the proposal by reference.

 

L.2.3.   Proposal Quality.  Of utmost importance is a complete and clear proposal written in a practical, concise, coherent, and logical manner, containing related material directly applicable to this RFP.  The quality of your proposal will be considered to be representative of the quality of your products and services. "Brochuremanship," elaborate art work, expensive paper, expensive binders, and other costly presentation aids beyond what is sufficient to present a complete and effective proposal are neither necessary nor desired.

 

 

L.2.4.   Physical Requirements of Written Submission.  Submit each proposal volume in a separately bound standard three (3)-ring binder.  Format each volume as follows:

 

$          Include a cover with:  volume number and title, proposal title, RFP number, company name, address, telephone number, date submitted.

$          Include a table of contents for each volume.

$          Number pages. 

$          Make margins 1" all around.

$          Make text no smaller than 12 point type.

$          Double space printing.

$          Do not include classified material. 

$          Identify any commercial material (catalogs, brochures, documentation, training materials, etc.) with RFP #S-LC00026 and your company name.

 

 

L.3.      VOLUME 1 - COSTS AND CERTIFICATIONS.  At a minimum, the response to Volume 1 - Costs and Certifications shall include the material listed below, in the order given below.  The RFP sections listed below will be incorporated into an award resulting from this solicitation.  There is no length limitation on Volume 1.  Submit three print copies.

 

L.3.1.   Section A - Solicitation, Offer and Award.  Complete sections 15, 16, 17 and 18 of the Standard Form 33 that is the cover page of the solicitation.

 

L.3.2.   Section B - Supplies or Services and Prices/Costs.

 


(a)        The contractor must supply publications, as described in Lot 1, in order to be eligible to offer or supply any other services or supplies described in this solicitation. 

 

(b)        Contract Line Item Numbers (CLINs).  CLINs are established in Section B for categories of books and library publications services described in the lots of this solicitation.  Prices shall expressed as a service fee/discount percentage of the publishers price for single and multiple copy orders. Prices for technical processing shall be expressed on a flat per item basis. Volume II shall contain the back-up for prices quoted in Section B. This information shall be a complete and detailed cost breakdown and shall include all elements of cost and other such cost data as considered appropriate to support the proposal.

 

(c)        Discount from Commercial Pricing. Include copies of commercial price lists as supplemental information in order to demonstrate that your pricing structure is fair and reasonable.

 

(d)        Electronic Access to Prices.  Describe how FEDLINK customers will get electronic access to your FEDLINK pricing.

 

                      (e)          Machine-Readable Diskette of Section B.    Section B shall be provided on a 3.5" double sided, high density floppy disk formatted in MicroSoft Word 97.

 

L.3.3.   Section C - Statement of Work.  Review Section C and initial your concurrence at the bottom right corner of page C‑1.

 

L.3.4.   Section F through Section I. Review sections F through I and initial your concurrence at the bottom right corner of each page.

 

L.3.5.   Section K - Representations, Certifications, and Other Statements of Offerors. Complete all Section K certifications and provide necessary signatures.  Provide additional documents and certifications required by Section K.

 

L.3.6.   Corporate Financial Statement.  The offeror must provide a certified copy of the most recent financial statement, and indicate a demonstrated ability to prepay publishers.  The average annual value of FEDLINK books and library publications orders is approximately $7 million.

 

 

L.4.      VOLUME 2 - TECHNICAL.  The Technical proposal must include the name, title, address, and phone number for the individual responsible for inquiries to the proposal and shall demonstrate the offeror=s capability to provide books and library publications acquisition services according to the technical requirements described in the Statement of Work and other special contract requirements noted in the RFP. The technical volume shall not contain any cost information.  The proposal shall address the following factors, which will be considered in the evaluation of the proposals:

 


L.4.1.   Comprehensiveness of technical approach.  The offeror’s proposal must include and adequate description and justification for the overall methodology that the offeror would employ in conducting the services in the Statement of Work for all offered lots. The offeror shall address its methods for filling firm orders, rush orders, and backorders, supplying materials from stock, acquiring materials from publishers, pre-paying publishers, establishing and maintaining customer profiles, managing approval plans, establishing and administering leases, performing physical and technical processing of materials, and any other relevant functions. 

 

L.4.2.   Understanding.   The offeror=s proposal must demonstrate a clear understanding of the requirements and problems which are associated with the operation of a book and library publication acquisitions service for federal libraries nationwide.  The offeror=s proposal must demonstrate an awareness of the differing needs of various agencies and how book and library publications management is affected by federal procurement and fiscal practices.  The offeror=s proposal must address specific service provisions such as account representative and hours of service available.

 

L.4.3.   Past performance.  The past performance of the offeror will be assessed on the basis of evidence of competent and successful experience in procurement of the same or similar nature.  The offeror shall provide evidence of substantial recent experience in managing book and library publications acquisition services, addressing both clients and publishers.  The offeror shall list specific publishers that will not deal with book jobbers.

 

(a)  The offeror shall provide a list of all government and non-government current contracts exceeding $100,000, and selected current contracts under $100,000 with points of contact and phone numbers for at least five customers to serve as references.

 

(b) The offeror shall provide evidence of previous experience in managing book and library publications acquisition services.  The offeror shall provide data on titles ordered/titles shipped during calendar year 1999 to demonstrate the volume of orders handled and fulfillment rate for titles ordered in the subject, format, or source specializations the vendor offers.  The offeror shall further indicate the percentage of titles supplied from warehoused stock, the percent fulfilled by order to the publisher, and the percent filled by other means.  In order to demonstrate turnaround time, the offeror shall identify the average interval from the date of receipt of the initial order to the date of shipment for each category of titles.  The offeror shall also provide a record of titles ordered versus titles shipped for five publishers the offeror shall designate as its leading publishers (listing the publishers in descending order by total dollar value of titles ordered).  A 1999 Performance Indicators chart to assist in this reporting is provided as Attachment 2  in Section J.

 

 


L.5.      VOLUME 3 - MANAGEMENT.  The Management response shall demonstrate your approach to working with the FEDLINK program and your ability to provide the required services to FEDLINK members.   The Management response shall address the subjects listed below, in the order given below. Submit four print copies of the Management response.  The maximum length of this volume is 12 pages.  Do not include prices in the Management response.

 

L.5.1.   Chapter 1 - Management. 

 

(a)  Working with Members.  Describe your approach for working with the federal libraries, information centers and other offices that acquire services described in this solicitation. 

 

(b)  Working with LC/FEDLINK.  Describe your approach for working with LC/FEDLINK, particularly regarding: BOA modification, IAGs, transfer pay and direct pay service, delivery orders/blanket purchase agreements, purchase orders, and invoicing.  Identify your organization structure showing where your FEDLINK point-of-contact fits.

 

(c)  Resolving Problems.  Describe your methods for resolving management or technical problems with LC/FEDLINK or with customers, including liaison to senior personnel who can assist in problem resolution.

 

(d)  Management Tools and Controls.  Describe the management tools and controls within your organization, including methods for controlling quality, scheduling timely delivery, tracking charges, and reporting. 

 

(e)  Subcontracting.  If you anticipate subcontracts, describe how you will control the subcontract and identify subcontractor by name and services proposed.  Subcontractors must be approved by the Contracting Officer.

 

 

L.5.2.   Chapter 2 - Corporate Experience.  Describe your corporate history and experience with specific emphasis on your experience in the field of books and library publications services, your experience in managing contracts similar to the FEDLINK program, and your experience in handling Government contracts. 

(a)  Examples of Similar Experience.  Provide examples of related corporate experience over the past five years. Examples shall include: company or federal agency name, customer, customer contact and phone number, contract number, contracting officer and phone number, description of service provided, and approximate dollar value of contract.

 


L.5.3.   Chapter 3 - Personnel.  Providing services through FEDLINK will require liaison with FEDLINK members, LC/FEDLINK staff and LC/C&L personnel.  Complete the Vendor ID and Contact Form at L.7. to identify the personnel who will be key in providing your services through FEDLINK.  Identify and describe the experience of the individual(s) who will serve in the following roles:

 

(a)  FEDLINK Member Contact - particularly for matters concerning sales, start-up, support, and problem resolution.

 

(b)  FNO/COTR Contact - particularly for matters concerning the types of services offered and special requirements of individual customers.  

 

(c)  FFO Contact - particularly for matters concerning registrations, IAGs, accounts, invoices, payments, and reconciliation. 

 

(d)  LC/C&L Contact - particularly for matters concerning the terms and conditions of the BOA, delivery orders/blanket purchase agreements, and direct pay customers. 

 

(e)  General Personnel - The offeror shall provide evidence of  in-house employees capable of handling all phases of the required service.  

 

L.5.4.   Chapter 4 - Facilities.  The proposal shall demonstrate that you have the facilities required to provide adequate support for the services proposed.

 

L.5.5.   Chapter 5 – Sample Materials.

 

(a)  Technical Samples.  The Offeror shall provide a copy of its current catalog or other listing of publications which the vendor can provide and/or a list of publishers or other sources the vendor can access which will show at least those subject, format or source categories being offered.  The offeror shall provide samples of its approval plan thesaurus or other profiling device, lease agreements, technical processing profiling and outputs, and automated system documentation.

 

(b) Customer Report and Quarterly Summary of Usage Report.  The offeror shall provide samples of all required reports The sample customer report (as described in Section C) should demonstrate capability to report on multiple order statuses, ordering officials, and ship-to addresses. The sample Quarterly Summary of Usage report (as described in Section H) should demonstrate capability to report on transfer and direct pay customers. The Offeror should show that the reporting procedures are established, can be considered standard operating procedure, and have been in existence for some time.

 

(c) Invoices.  Because FEDLINK processes approximately 90,000 invoices per year, it is critical that all invoices be formatted and submitted  properly.  Offeror shall provide sample invoices that demonstrate its capability to follow invoicing procedures established in Section G.  Note that ORDER DATE and FEDLINK ID must be on all invoices.

 

 

L.6.      MAIL TO/DELIVER TO ADDRESS FOR OFFERS/PROPOSALS

 

L.6.1    Offers Mailed Via United States Postal Service.  Offers mailed through the US Postal Service shall be address as follows:

 

The Library of Congress

Contracts & Logistics Services - FEDLINK

ATTN: Janice Aiken

101 Independence Avenue, SE Room LA-318

Washington, DC   20540-9414

 

The offeror=s name and address, the solicitation number, and the scheduled date and time for receipt of offers shall be included prominently on the outside of al envelopes/wrappers.

 

 

L.6.2    Offers Not Mailed Via United States Postal Service. 

 


(1)  Offers sent via commercial carrier such as Federal Express, United Parcel Service, etc., shall be address as follows and may be delivered either to the address in item 2 below or to:

 

The Library of Congress, James Madison Building

101 Independence Avenue, SE

Receiving Dock, Supply Unit

Attn: Janice Aiken

Washington, DC   20540-9414

 

(2) Any other hand delivered offers shall be marked for the attention of Janice Aiken and shall be delivered to:           

The Library of Congress

Contract & Logistics Service - FEDLINK

John Adams Building, Room 318

2nd Street, SE (between Independence Avenue and East Capitol Streets)

Washington, DC   20540-9414

 

When delivering offers to the above address, use the 2nd Street entrance, tell the guard at the door that the package is a [sealed bid/proposal, as applicable], and it will be x-rayed.  Take the elevator to the third floor.  Room 325 is through the double doors on the right side of the third floor lobby as you exit the elevators.  Offerors may ask for the contracting officer or leave the package with the individual at the entry desk once it has been date/time stamped.  A duplicate of the date/time stamped will be provided to the individual delivering the offer.

 

Offerors are advised that no parking or standing of vehicles is permitted on 2nd Street in front of the Adams Building and sufficient time should be allowed to find a parking place nearby.

 

The offeror=s name and address, the solicitation number, and the scheduled date and time for receipt of offers shall be included prominently on the outside of all envelopes/wrappers.

 

Please refer to the FAR provision [52-215-1 for competitive acquisitions], included elsewhere in this section, regarding late offers.

 

L.7.      FORMS.  The following forms are provided to assist you in your proposal.

 

L.7.1.   Vendor ID and Contact Form.  Complete this form and submit it with Volume 3 - Management. 

L.7.2.   Proposal Checklist.  Complete this checklist and submit it as the first page of Volume 1. 

                                                                             


VENDOR ID AND CONTACT FORM

 

                       Please complete and return this form with Volume 3 - Management.

 

VENDOR ID:

Company:

Address: 

City:    ___________________________      State:   ______ Zip: _______________

Phone: __________________________        E-Mail:___________________________

Fax:     __________________________        www:   ___________________________

800 Number:   __________________________

 

 

LC/C&L CONTACT FOR NEGOTIATION: 

Name, Title__________________________________________________________________

Phone:__________________________         E-Mail: ___________________________

Fax:     __________________________

 

 

LC/C&L CONTACT FOR CONTRACT ADMINISTRATION:

Name, Title:   _____________________________________________________________

Phone: ______________________    E-Mail:_________________________

Fax:     __________________________

 

 

FFO CONTACT:

Name, Title:    __________________________________________________________

Phone: _____________________      E-Mail: _________________________

Fax:     __________________________

 

 

FNO/COTR CONTACT:

Name, Title:               __________________________________________________________

Phone: _________________________          E-Mail:_________________________

Fax:     _________________________

 

 

MEMBER CONTACT: 

Name, Title:               __________________________________________________________

Phone: _______________________  E-Mail:_________________________

Fax:     __________________________


PROPOSAL CHECKLIST

 

Please return this form as the first page of Volume 1.

 

 

VENDOR NAME:  ________________________

 

 

Volume 1 - Costs and Certifications (3 Copies)

 

____    Proposal Checklist

____    Section A

____    Section B and commercial price list

____    Section C

____    Section E

____    Section F

____    Section G

____    Section I

____    Section K and attachments

____    Latest corporate financial statement

 

 

Volume 2 - Technical (4 copies)

 

____    Technical response with commercial material as appropriate

____    Usage data sample or justification

 

 

Volume 3 - Management (4 copies)

 

____    Management description with sample invoice and summary activity report

____    Corporate experience description with examples of similar experience

____    Personnel description

____    Facilities description

____    Vendor ID and Contact Form

 

 


 

 

SECTION M - EVALUATION FACTORS FOR AWARD

 

M.1.    Evaluation Criteria

 

M.1.1. Contractor selection will be based on evaluation of proposals in accordance with the responses received to the criteria outlined in Section L, Instructions, Conditions, and Notices to Offerors, with the award to be made to the offeror(s) with the combination of technical and price proposals which is most advantageous to the Library.

 

M.1.2. The Library of Congress also reserves the right to reject any or all proposals received and/or request for clarification or modification of proposals.  The Library reserves the right to determine a competitive range for negotiation based upon the technical and cost acceptability of proposals.  In addition, the Library reserves the right to award a contract without discussions.

 

M.1.3. Technical evaluators will not have access to cost data until such time as they present to the Contracting Officer a final technical ranking of all proposals.  A merger of the two evaluations, cost and technical, will then be conducted to select the optimum proposal or proposals on which further negotiations will be conducted.

 

M.1.4. Cost/Price evaluation will include an analysis of the total cost/price and cost elements (if applicable) to  perform the required work.  The total costs, as derived by the evaluators or supplied by the offeror, shall be submitted on a copy of Section B in the spaces provided and shall constitute the total firm-fixed unit price for that service or deliverable.

 

M.1.5.