SOLICITATION, OFFER AND
AWARD
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1.
Certified for National Defense under BDSA Reg 2 and/or DMS Reg. 1
|
RATING N/A |
PAGE A-1
OF 88 PAGES |
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2. CONTRACT NO.
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3. SOLICITATION NO. RFP S-LC00026
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4. TYPE OF
SOLICITATION Negotiated (RFP)
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|
5. DATE ISSUED
February 18, 2000 |
6. REQUISITION/PURCHASE
NO. | |
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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." | ||
|
SOLICITATION9. 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. | ||
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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
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:_________________
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:
_________________________________________________________________
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
offeror’s 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:
__________________________
Please return this form as
the first page of Volume 1.
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. In individual categories,
consideration will be given to the offeror=s actual practice of order
fulfillment rates and time frames, and the charging of service fees or net price
versus applying a discount. Actual
FEDLINK accounts as well as other customer experience will be
considered.
M.2. EVALUATION
FACTORS
The acceptability of the
technical proposal will be evaluated with respect to five (5) major
factors. Technical factors are
listed in descending order of importance.
The technical proposal is worth more than the cost proposal; and when
technical proposals are relatively equal in technical merit, cost will increase
in importance.
M.2.1. Technical Factors
FACTOR 1
COMPREHENSIVENESS OF TECHNICAL APPROACH.
FACTOR 2
UNDERSTANDING.
FACTOR 3 PAST
PERFORMANCE.
FACTOR 4
MANAGEMENT.
FACTOR 5 SAMPLE
MATERIALS.
M.2.2 COST FACTORS
M.2.2.1. Reasonableness of
Cost. For purposes of evaluation of prices,
reasonableness of cost will be defined as the discount percentage or service fee
percentage charged or given to the government for the type of publication or
product in any format, source, or subject area offered for purchase as defined
in Section C of this solicitation.
The discount or service fee will be applied to or against the
publishers/producers list price.
M.3. EVALUATION EXCLUSIVE OF
OPTIONS (FAR 52.217-3) (APR 1984)
The Government will evaluate
offers for award purposes by including only the price for the basic requirement;
i.e., options will not be included in the evaluation for award
purposes.
(End of provision)
This is the last page of the
solicitation.