<table style="width:100%;">
<colgroup>
<col style="width: 3%" />
<col style="width: 6%" />
<col style="width: 2%" />
<col style="width: 5%" />
<col style="width: 4%" />
<col style="width: 1%" />
<col style="width: 7%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 2%" />
<col style="width: 10%" />
<col style="width: 2%" />
<col style="width: 2%" />
<col style="width: 4%" />
<col style="width: 2%" />
<col style="width: 5%" />
<col style="width: 0%" />
<col style="width: 1%" />
<col style="width: 4%" />
<col style="width: 6%" />
<col style="width: 3%" />
<col style="width: 1%" />
<col style="width: 1%" />
<col style="width: 13%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="15"><strong>SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL
ITEMS</strong></td>
<td colspan="7">1. REQUISITION NUMBER</td>
<td colspan="3">PAGE 1 OF    48</td>
</tr>
<tr class="even">
<td colspan="15"><em>Offeror to complete blocks 12, 17, 23, 24, &amp;
30</em></td>
<td colspan="7">     </td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td colspan="5">2. CONTRACT NO.</td>
<td colspan="6">3. AWARD/EFFECTIVE DATE</td>
<td colspan="4">4. ORDER NUMBER</td>
<td colspan="7">5. SOLICITATION NUMBER</td>
<td colspan="3">6. SOLICITATION ISSUE DATE</td>
</tr>
<tr class="even">
<td colspan="5">__</td>
<td colspan="6"></td>
<td colspan="4"></td>
<td colspan="7">S-LC03013</td>
<td colspan="3">May 5, 2003</td>
</tr>
<tr class="odd">
<td colspan="5"></td>
<td colspan="6"></td>
<td colspan="4"></td>
<td colspan="7"></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="5">7. FOR SOLICITATION</td>
<td colspan="10">A. NAME</td>
<td colspan="7">B. TELEPHONE NUMBER (No Collect Calls)</td>
<td colspan="3"><p>8. OFFER DUE DATE/</p>
<p>LOCAL TIME</p></td>
</tr>
<tr class="odd">
<td colspan="5">INFORMATION CALL:</td>
<td colspan="10">Charles Wilson</td>
<td colspan="7">(202) 707-0444     </td>
<td colspan="3">Open</td>
</tr>
<tr class="even">
<td colspan="8">9. ISSUED BY</td>
<td colspan="3">CODE</td>
<td></td>
<td colspan="7">10. THIS ACQUISITION IS</td>
<td colspan="3">11. DELIVERY FOR FOB<br />
DESTINATION UNLESS</td>
<td colspan="3">12. DISCOUNT TERMS</td>
</tr>
<tr class="odd">
<td colspan="12">The Library of Congress</td>
<td colspan="7">X UNRESTRICTED</td>
<td colspan="3">BLOCK IS MARKED<br />
SEE SCHEDULE</td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="12">FEDLINK Contracts Section</td>
<td colspan="7">SET-ASIDE: % FOR</td>
<td colspan="6">13a. THIS CONTRACT IS A RATED ORDER</td>
</tr>
<tr class="odd">
<td colspan="12">101 Independence Avenue, S.E</td>
<td colspan="7">SMALL BUSINESS</td>
<td colspan="6">UNDER DPAS (15 CFR 700)</td>
</tr>
<tr class="even">
<td colspan="12">John Adams Bldg., Room LA-318</td>
<td colspan="7">SMALL DISADV. BUSINSESS</td>
<td colspan="6">13b. RATING</td>
</tr>
<tr class="odd">
<td colspan="12">Washington, DC 20540-9414</td>
<td colspan="7">8(A)</td>
<td colspan="6">     </td>
</tr>
<tr class="even">
<td colspan="12"></td>
<td colspan="7">SIC:</td>
<td colspan="6">14. METHOD OF SOLICITATION</td>
</tr>
<tr class="odd">
<td colspan="12">ADDRESS OFFERS TO: SEE PARAGRAPH A.1</td>
<td colspan="7">SIZE STANDARD:</td>
<td colspan="6">RFQ IFB RFP RFP</td>
</tr>
<tr class="even">
<td colspan="8">15. DELIVER TO</td>
<td colspan="3">CODE</td>
<td></td>
<td colspan="9">16. ADMINSTERED BY</td>
<td colspan="2">CODE</td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td colspan="12"></td>
<td colspan="13"></td>
</tr>
<tr class="even">
<td colspan="12">ORDERING AGENCY</td>
<td colspan="13">SEE BLOCK 9</td>
</tr>
<tr class="odd">
<td colspan="12"></td>
<td colspan="13"></td>
</tr>
<tr class="even">
<td colspan="4">17a. CONTRACTOR/<br />
OFFEROR</td>
<td>CODE</td>
<td colspan="2"></td>
<td colspan="4">FACILITY<br />
CODE</td>
<td></td>
<td colspan="9">18a. PAYMENT WILL BE MADE BY</td>
<td colspan="2">CODE</td>
<td colspan="2">     </td>
</tr>
<tr class="odd">
<td colspan="12"></td>
<td colspan="13"></td>
</tr>
<tr class="even">
<td colspan="12"></td>
<td colspan="13">See Section F</td>
</tr>
<tr class="odd">
<td colspan="12"></td>
<td colspan="13"></td>
</tr>
<tr class="even">
<td colspan="12"></td>
<td colspan="13"></td>
</tr>
<tr class="odd">
<td colspan="12"></td>
<td colspan="13"></td>
</tr>
<tr class="even">
<td colspan="12"></td>
<td colspan="13"></td>
</tr>
<tr class="odd">
<td colspan="12">DUNS No.:</td>
<td colspan="13"></td>
</tr>
<tr class="even">
<td colspan="12">TELEPHONE No.:</td>
<td colspan="13"></td>
</tr>
<tr class="odd">
<td colspan="12">FAX No.: EMAIL:</td>
<td colspan="13">18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a
UNLESS BLOCK BELOW IS CHECKED:</td>
</tr>
<tr class="even">
<td colspan="12">17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH
ADDRESS IN OFFER</td>
<td colspan="13">SEE ADDENDUM</td>
</tr>
<tr class="odd">
<td colspan="2">19.,</td>
<td colspan="12">20.</td>
<td colspan="4">21.</td>
<td colspan="2">22.</td>
<td colspan="4">23.</td>
<td>24.</td>
</tr>
<tr class="even">
<td colspan="2">ITEM NO</td>
<td colspan="12">SCHEDULE OF SUPPLIES/SERVICES</td>
<td colspan="4">QUANTITY</td>
<td colspan="2">UNIT</td>
<td colspan="4">UNIT PRICE</td>
<td>AMOUNT</td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td colspan="12"></td>
<td colspan="4"></td>
<td colspan="2"></td>
<td colspan="4"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td colspan="12"></td>
<td colspan="4"></td>
<td colspan="2"></td>
<td colspan="4"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td colspan="12"></td>
<td colspan="4"></td>
<td colspan="2"></td>
<td colspan="4"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"></td>
<td colspan="12"></td>
<td colspan="4"></td>
<td colspan="2"></td>
<td colspan="4"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td colspan="12"><em>(Attach Additional Sheet as Necessary)</em></td>
<td colspan="4"></td>
<td colspan="2"></td>
<td colspan="4"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="20">25. ACCOUNTING AND APPROPRIATION DATA</td>
<td colspan="5">26. TOTAL AWARD AMOUNT (For Govt.Use Only)</td>
</tr>
<tr class="odd">
<td colspan="20">As provided on each delivery order</td>
<td colspan="5"></td>
</tr>
<tr class="even">
<td colspan="20"></td>
<td colspan="5"></td>
</tr>
<tr class="odd">
<td colspan="25"><strong>X</strong>27a. <strong><span
class="smallcaps">solicitation incorporate by reference</span> FAR
52.212-1, 52.212-4, 52.212-3 <span class="smallcaps">and</span>
52.212-5</strong> <span class="smallcaps">attached</span>. <span
class="smallcaps">Addenda</span> <span class="smallcaps">are</span>
<span class="smallcaps">are not attached.</span></td>
</tr>
<tr class="even">
<td colspan="25">27b. <span class="smallcaps">contract/purchase order
incorporate by reference</span> FAR 52.212-4, FAR 52.212-5 <span
class="smallcaps">is attached.</span> <span
class="smallcaps">Addenda</span> <span class="smallcaps">are</span>
<span class="smallcaps">are not attached.</span></td>
</tr>
<tr class="odd">
<td>28.<br />
</td>
<td colspan="13">CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
2(TWO) COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
HEREIN.</td>
<td>29.<br />
</td>
<td colspan="10">AWARD OF CONTRACT: REFERENCE       OFFER DATED      .
YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES
WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:</td>
</tr>
<tr class="even">
<td colspan="12">30a. SIGNATURE OF OFFEROR/CONTRACTOR</td>
<td colspan="13">31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING
OFFICER)</td>
</tr>
<tr class="odd">
<td colspan="12"></td>
<td colspan="13"></td>
</tr>
<tr class="even">
<td colspan="12"></td>
<td colspan="13"></td>
</tr>
<tr class="odd">
<td colspan="9">30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)</td>
<td colspan="3">30c. DATE SIGNED</td>
<td colspan="10">31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)</td>
<td colspan="3">31c. DATE SIGNED</td>
</tr>
<tr class="even">
<td colspan="9"></td>
<td colspan="3"></td>
<td colspan="10"></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td colspan="12">32a. QUANTITY IN COLUMN 21 HAS BEEN</td>
<td colspan="5">33. SHIP NUMBER</td>
<td colspan="5">34. VOUCHER NUMBER</td>
<td colspan="3">35. AMOUNT VERIFIED CORRECT FOR</td>
</tr>
<tr class="even">
<td colspan="3">RECEIVED</td>
<td colspan="3">INSPECTED</td>
<td colspan="6"> ACCEPTED, AND CONFORMS TO THE</td>
<td></td>
<td colspan="2">PARTIAL</td>
<td></td>
<td>FINAL</td>
<td colspan="5"></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td colspan="3"></td>
<td colspan="3"></td>
<td colspan="6">CONTRACT EXCEPT AS NOTED</td>
<td colspan="10">36, PAYMENT</td>
<td colspan="3">37. CHECK NUMBER</td>
</tr>
<tr class="even">
<td colspan="10">32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE</td>
<td colspan="2">32c. DATE</td>
<td colspan="10">COMPLETE PARTIAL FINAL</td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td colspan="10"></td>
<td colspan="2"></td>
<td colspan="5">38. S/R ACCOUNT NUMBER</td>
<td colspan="5">39. S/R VOUCHER NUMBER</td>
<td colspan="3">40. PAID BY</td>
</tr>
<tr class="even">
<td colspan="10"></td>
<td colspan="2"></td>
<td colspan="5"></td>
<td colspan="5"></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td colspan="10"></td>
<td colspan="2"></td>
<td colspan="10">42a. RECEIVED BY (Print)</td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="12">41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR
PAYMENT</td>
<td colspan="10"></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td colspan="10">41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER</td>
<td colspan="2">41c. DATE</td>
<td colspan="10">42b. RECEIVED AT (Location)</td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="10"></td>
<td colspan="2"></td>
<td colspan="10"></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td colspan="10"></td>
<td colspan="2"></td>
<td colspan="5">42c. DATE REC’D (YY/MM/DD)</td>
<td colspan="5">42d. TOTAL CONTAINERS</td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="10"></td>
<td colspan="2"></td>
<td colspan="5"></td>
<td colspan="5"></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td colspan="10"></td>
<td colspan="2"></td>
<td colspan="5"></td>
<td colspan="5"></td>
<td colspan="3"></td>
</tr>
</tbody>
</table>

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL NUMBER AND
PAPERWORK STANDARD FORM 1449 (10-95)

BURDEN STATEMENT PRESCRIBED BY GSA \-- FAR )48 CFR) 53.212

  -------------------------------------------------------- --------------
  Public reporting burden for this collection of           OMB No.:
  information is estimated to average 45 minutes per       9000-0136
  response, including the time for reviewing instructions, 
  searching existing data sources, gathering and           
  maintaining the data needed, and completing and          
  reviewing the collection of information. Send comments   
  regarding this burden estimate or any other aspect of    
  this collection of information, including suggestions    
  for reducing this burden, to the FAR Secretariat (VRS),  
  Office of Federal Acquisition Policy, GSA, Washington,   
  DC 20405.                                                

  -------------------------------------------------------- --------------

**ACKNOWLEDGEMENT OF AMENDMENTS**

**STANDARD FORM 1449 (10-95) BACK**

## TABLE OF CONTENTS

> Section A -- Standard Form (SF) 1449
>
> A.1 Address Offers To: (Block 9, Standard Form 1449) 4
>
> A.2 Solicitation Provisions incorporated by Reference (FAR 52.252-1) 4
>
> A.3 Clauses incorporated by Reference (FAR 52.252-2) 4
>
> A.4 Authorized Negotiators 4
>
> Section B -- Schedule of Supplies/Services (Block 19-24, SF 1449)
>
> B.1 Lot 1 -- Electronic Databases/Publications 5
>
> B.2 Lot 2 -- Document Delivery Services 7
>
> B.3 Lot 3 -- Vendor Associated Publications 8
>
> B.4 Lot 4 -- Specialized Access 8
>
> Section C -- Contract Clauses and Addendum
>
> C.1 Scope of Contract 10
>
> C.2 Estimated Sales 18
>
> C.3 Guaranteed Minimum 18
>
> C.4 Promotion of Contract 18
>
> C.5 Cancellation of Contract 19
>
> C.6 Contract Sales Criteria 19
>
> C.7 Contract Sales Reporting Requirements 19
>
> C.8 Vendor Performance Reporting Requirements 19
>
> C.9 Use of Library of Congress Name 20
>
> C.10 News Releases 20
>
> C.11 Additional Contract Clauses incorporated by reference 20
>
> C.12 Ordering (FAR 52.216-18) 20
>
> C.13 Order Limitations (FAR 52.216-19) 20
>
> C.14 Indefinite Quantity (FAR 52.216-22) 21
>
> C.15 Economic Price Adjustment -- Semi-standard Supplies (FAR
> 52.216-3) 21
>
> C.16 Convict Labor --As modified by the Library of Congress (FAR
> 52.222-3) 22
>
> C.17 Disputes -- As modified by the Library of Congress (FAR 52.33-1)
> 22
>
> C.18 Contract Terms and Conditions Required to Implement Statutes or
> Executive Orders -- Commercial Items. (FAR 52.212-5) 23
>
> Section D -- Attachments
>
> D.1 Attachment 1 -- Basic LC/FEDLINK License Agreement 25
>
> D.2 Attachment 2 -- FEDLINK Quarterly Sales Reports 28
>
> D.3 Attachment 3 -- Past Performance Evaluation Form and Instructions
> 30
>
> D.4 Attachment 4 -- Past Performance Report from Dun & Bradstreet 32
>
> Section E -- Solicitation Provisions and Addendum
>
> E.1 Evaluation---Commercial Items (FAR 52.212-2) 35
>
> E.2 Compliance with Section 508 35
>
> E.3 Past Performance 35
>
> E.4 Offeror Representations and Certifications---Commercial Items (FAR
> 52.212-3) 36
>
> Section F -- Contract Administration
>
> F.1 FEDLINK Contracts 42
>
> F.2 Customer Use of FEDLINK Contracts 43
>
> F.3 Direct-Pay Procedures and Requirements 43
>
> F.4 Transfer-Pay Procedures and Requirements 45
>
> F.5 Examination of Vendor Records 50
>
> F.6 Vendor Contact for Contract Administration 51
>
> F.7 FEDLINK Services to Vendors 52

## A. CONTINUATION OF STANDARD FORM 1449

#### A.1 ADDRESS OFFERS TO: (BLOCK 9, STANDARD FORM 1449)

Offerors shall return the complete solicitation package, original with 2
copies, via overnight express mail or handcarried in accordance with FAR
52.212-1. Offerors are advised that an offer in response to this
solicitation is subject to physical examination, x-ray, or other
inspection prior to acceptance at the location designated for receipt of
offers. Inspection may be conducted by Government personnel or others
acting on behalf of the Government. Any offer received at the address
designated for receipt of offers after the date and time specified
elsewhere in this solicitation for receipt of offers shall be processed
in accordance with the late offers provision of this solicitation.

For any hand-delivered offer, whether delivered by the offeror or a
courier service, the offeror must allow sufficient time to accommodate
inspection by designated security personnel. To facilitate this security
inspection, initial delivery to an alternate office may be required
prior to final delivery by the offeror to the address designated for
receipt of offers. (CAUTION: Delivery to the security inspection point
does not constitute timely delivery for receipt of offers.)

**Handcarried packages should be delivered to the following address:**

> The Library of Congress
>
> Contracts Division, FEDLINK Contracts Section
>
> **Attn: Charles Wilson, Contract Specialist**
>
> **Proposal to RFP#S-LC03013 Enclosed**
>
> John Adams Bldg., 3^rd^ Floor, Room LA-318
>
> 101 Independence Avenue, S.E.
>
> Washington, DC 20540-9414

**Overnight express mail (FedEx, UPS, USPS, DHL, etc) should be
addressed as follows:**

The Library of Congress

9140 East Hampton Drive

Capital Heights, MD 20473-9414

ATTN: Charles Wilson, Contract Specialist

Contracts Division, FEDLINK Contracts section, LA-318

> **Proposal to RFP#S-LC03013 Enclosed**

**A.2 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: www.arnet.gov/far

**A.3 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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:
www.arnet.gov/far

### A.4 AUTHORIZED NEGOTIATORS 

The offeror shall, in the spaces provided below, fill in the names of
all persons authorized to negotiate with the Government in connection
with this request for proposals or quotations. (List the names, titles,
telephone numbers and electronic mail address of the authorized
negotiators.)

[\
]{.underline}

[\
]{.underline}

## B. SCHEDULE OF SUPPLIES/SERVICES

#### 

#### PRODUCTS AND DATA RESOURCES OFFERED/SCHEDULE OF ITEMS (BLOCKS 19-24, SF1449) 

**Prices are firm and not subject to increase for each fiscal year
performance period under this contract. Contract period shall be for one
base year with four one-year option periods.**

**FEDLINK customers may sign basic software and database license
agreements; however, terms and conditions of this contract, federal law,
and the Federal Acquisition Regulation (FAR) take precedence.**

**Prices, services, terms and conditions found in catalogs or brochures
do not apply to the extent that they modify or conflict with the prices,
services, terms and conditions of this contract­.**

Insert an "X" on the applicable line for each Lot and service offered

**B.1 LOT 1 - ELECTRONIC** **DATABASES/PUBLICATIONS.** Lot 1 is the core
of this contract. It covers publishers and vendors who provide access to
commercial off‑the‑shelf electronic materials in many publication
formats: information retrieval database services, newsfeeds and current
awareness services, portal content management services, electronic
serials, electronic books, and CD‑ROM and other fixed electronic media
as described in Section C.1.2.1.

**\_\_\_\_\_\_INFORMATION RETRIEVAL DATABASES, CURRENT AWARENESS, PORTAL
CONTENT MANAGEMENT SERVICES, ELECTRONIC SERIALS, ELECTRONIC BOOKS.
DIGITAL DOCUMENTS AND OTHER FIXED MEDIA i.e. CD-ROM, MAGNETIC TAPE,
DISKETTE**

> **\_\_\_\_\_Transactional/Pay as you go Pricing.** The traditional
> method of pricing electronic information retrieval services - access
> to the system and usage of its files expressed in hourly units, and
> search results priced in output units, displays, prints, etc.
>
> **\_\_\_\_\_\_Subscription Pricing.** Subscriptions may be offered for
> pricing electronic information retrieval services and electronic
> serials, electronic books, portal content management services, as well
> as for other fixed electronic media and print publications. Vendors
> shall describe subscriptions in terms of four elements: materials
> covered, subscriber, level of use of the materials, and subscription
> period (i.e. what, for whom, how much and for how long).
>
> **\_\_\_\_\_\_Block Pricing.** The vendor may price in blocks of units
> of time, units of searches, documents to be delivered, etc. Vendors
> shall provide customers with a way to determine how much of a block
> they purchased has been used and how much remains.
>
> **\_\_\_\_\_\_Individual Items, Firm Orders.** Electronic information
> products/services that are purchased on a firm order basis, e.g.
> CD-ROMs that are not serial publications, vendor search software,
> documents, print publications, training, etc.
>
> **\_\_\_\_\_\_Customer-Specific Pricing.** Vendors may offer special
> prices to individual customers, provided that similarly situated
> customers receive similar prices. The specialized electronic
> publications and research services in Lot 4 may be priced on a fixed
> price basis, with the same price offered to all customers, and/or may
> be described and negotiated for individual customers by the
> contracting officer.
>
> **\_\_\_\_\_\_License Fee.**
>
> **\_\_\_\_\_\_Content Support Fee.**
>
> **\_\_\_\_\_\_Archiving/Storage Fee.**

**SUPPORT SERVICES AND PRODUCTS**

\_\_\_\_\_\_ **Documentation.** The vendor shall provide customers with
access to complete user documentation on the content and use of the
products/systems offered, e.g. manuals, reference guides, and database
descriptions. The vendor shall provide members with a minimum of one set
of user documentation - in print or electronic form - at no charge.

**\_\_\_\_\_\_ E-metrics Usage Data.** In order that customers may be
able to analyze patterns in their usage, vendors shall provide customers
with machine-readable data about the customer's use of their
products/services. See C.1.2.2.(e)

**\_\_\_\_\_\_ Training.** The vendor may provide training at the
customer\'s site or at vendor facilities. (Travel and per diem rates
shall not exceed government rate identified in the Federal Travel
Regulations {FTR})

> \_\_\_\_\_\_At customer\'s site (per student/group/per class/day)
>
> \_\_\_\_\_\_In vendor facility (per student/group/per class/day)
>
> \_\_\_\_\_\_Telephonic
>
> \_\_\_\_\_\_Web-Based

\_\_\_\_\_\_ **Search Software.** The vendor may offer proprietary
software associated with the vendor\'s system/products. Such software
might include specialized software for access, retrieval, manipulating
search results, managing licenses, tracking document delivery, etc., but
not standard commercially available software such as word processing or
database management software.

\_\_\_\_\_\_ **Product Installation.** The vendor may provide services
to install software to retrieve electronic publications/databases
associated interfaces and fixed media products as requested by the
member (e.g. installing databases in intranet, extranet, and/or
web-enabled mobile enterprise applications such as personal digital
assistants (PDAs), etc.) Installation shall be billed as a one time flat
fee, not on an hourly basis.

**\_\_\_\_\_\_ Copyright Compliance.** All materials shall be provided
in accordance with the provisions of U. S. Copyright Law. The vendor is
required to pay all appropriate royalty fees for the use of or link to
full text publications. Such fees may be paid direct to the copyright
owner or to a reproduction rights organization. The vendor shall provide
customers with a statement that their products and services comply with
the copyright provisions.

\_\_\_\_\_\_ **Customer Support.** The vendor must provide seven-day/
24-hour support via toll free number.

**\_\_\_\_\_\_ Catalog/Price List.** The vendor shall provide customers
electronic access to their catalog of the products and services
available through FEDLINK. The catalog/listing shall include the
vendor's FEDLINK prices and/or the FEDLINK discount off of their
commercial prices. Such a listing may be available through the vendor's
online database system, published on the vendor's website, or through
another system maintained by the vendor.

**Discounts.** All prices and discounts shall be submitted to
LC/Contracts for approval before being incorporated into the contract
and made available to customers. Customers with substantially similar
requirements shall be offered the same prices and discounts.

> \_\_\_\_\_\_ **Basic FEDLINK Discount Rate**. (The prices offered in
> this proposal represent a discount of \_\_\_\_\_% from Commercial
> rates.) The basic discount for FEDLINK customers shall be made
> available to both transfer pay and direct-pay customers on an equal
> basis.
>
> \_\_\_\_\_\_ **Special Discounts.** Vendors may offer introductory,
> trial-offer, volume or other special incentive discounts for FEDLINK
> customers. Special discounts may be made available to all FEDLINK
> customers or may be offered only to customers with particular
> requirements.

**B.2 LOT 2 - DOCUMENT DELIVERY SERVICES. (**Access to and usage of
database of document delivery resources is priced under Lot 1). Vendor
shall provide machine-readable or print copies of published and
unpublished materials in response to specific citation requests.
Materials typically include journal and newspaper articles, conference
papers and proceedings, annual reports, technical reports, dissertations
and theses, official legal, financial or patent documents. Timely
delivery of requested materials is a critical component of document
delivery services. The vendor shall comply with US copyright law in
providing all materials. Interlibrary loan (where return of materials is
expected), records management services, or database creation services
are **not** appropriate under this contract.

**\_\_\_\_\_DOCUMENT RETRIEVAL**

> (associated fees such as verification, royalty, redistribution fee)

\_\_\_\_\_**DELIVERY**

> \_\_\_\_\_\_Regular - method: electronic, fax, regular mail,
>
> \_\_\_\_\_\_Rush - method: electronic, fax, regular mail, priority
> mail, messenger, etc.

**SUPPORT SERVICES AND PRODUCTS**

\_\_\_\_\_\_ **Documentation.** The vendor shall provide customers with
access to complete user documentation on the content and use of the
products/systems offered, e.g. manuals, reference guides, and database
descriptions. The vendor shall provide members with a minimum of one set
of user documentation - in print or electronic form - at no charge.

\_\_\_\_\_\_ **Search Software.** The vendor may offer proprietary
software associated with the vendor\'s system/products. Such software
might include specialized software for access, retrieval, manipulating
search results, tracking document delivery, etc., but not standard
commercially available software such as word processing or database
management software.

\_\_\_\_\_\_ **Product Installation.** The vendor may provide services
to install electronic publications/databases associated interfaces and
fixed media products as requested by the member (e.g. installing
databases in intranet, extranet, and/or web-enabled mobile enterprise
applications such as personal digital assistants (PDAs), etc.)
Installation shall be billed as a one time flat fee, not on an hourly
basis.

**\_\_\_\_\_\_ Copyright Compliance.** All materials shall be provided
in accordance with the provisions of U. S. Copyright Law. The vendor is
required to pay all appropriate royalty fees for the use of or link to
full text publications. Such fees may be paid direct to the copyright
owner or to a reproduction rights organization. The vendor shall provide
customers with a statement that their products and services comply with
the copyright provisions.

\_\_\_\_\_\_ **Customer Support.** The vendor must provide seven-day/
24-hour support via toll free number.

**\_\_\_\_\_\_ Catalog/Price List.** The vendor shall provide customers
electronic access to their catalog of the products and services
available through FEDLINK. The catalog/listing shall include the
vendor's FEDLINK prices and/or the FEDLINK discount off of their
commercial prices. Such a listing may be available through the vendor's
online database system, published on the vendor's website, or through
another system maintained by the vendor.

**Discounts.** All prices and discounts shall be submitted to
LC/Contracts for approval before being incorporated into the contract
and made available to customers. Customers with substantially similar
requirements shall be offered the same prices and discounts.

> \_\_\_\_\_\_ **Basic FEDLINK Discount Rate**. (The prices offered in
> this proposal represent a discount of \_\_\_\_\_% from Commercial
> rates.) The basic discount for FEDLINK customers shall be made
> available to both transfer pay and direct-pay customers on an equal
> basis.
>
> \_\_\_\_\_\_ **Special Discounts.** Vendors may offer introductory,
> trial-offer, volume or other special incentive discounts for FEDLINK
> customers. Special discounts may be made available to all FEDLINK
> customers or may be offered only to customers with particular
> requirements.

**B.3 LOT 3 - VENDOR ASSOCIATED PUBLICATIONS** \[LOT 3 IS ONLY OPEN TO
VENDORS WHO QUALIFY UNDER LOT 1\] (Access to and usage of database
listing of other associated publications is priced under Lot 1). Vendors
and publishers that offer electronic database/publications under Lot 1
may also provide their commercial off‑the shelf print, video, microform
or multimedia publications. The vendor shall provide electronic access
to their catalog of available publications; (Book jobbers and serials
agents are covered by separate LC/FEDLINK solicitations and agreements
and are not the subject of this procurement).

**\_\_\_\_\_FIRM ORDER (NON-SERIAL TITLES)**

**\_\_\_\_\_CONTINUATIONS, ANNUAL UPDATES**

**\_\_\_\_\_SUBSCRIPTION (SERIAL TITLES)**

**Discounts.** All prices and discounts shall be submitted to
LC/Contracts for approval before being incorporated into the contract
and made available to customers. Customers with substantially similar
requirements shall be offered the same prices and discounts.

> \_\_\_\_\_\_ **Basic FEDLINK Discount Rate**. (The prices offered in
> this proposal represent a discount of \_\_\_\_\_% from Commercial
> rates.) The basic discount for FEDLINK customers shall be made
> available to both transfer pay and direct-pay customers on an equal
> basis.
>
> \_\_\_\_\_\_ **Special Discounts.** Vendors may offer introductory,
> trial-offer, volume or other special incentive discounts for FEDLINK
> customers. Special discounts may be made available to all FEDLINK
> customers or may be offered only to customers with particular
> requirements.

**B.4 LOT 4 -- CUSTOMER SPECIFIC OFFERINGS.** \[LOT 4 IS ONLY OPEN TO
VENDORS WHO QUALIFY UNDER LOT 1 AND/OR LOT 2\] Vendors that offer
commercial electronic databases/publications under Lot 1 may also offer
individual customers specialized customizable access to those
publications and research assistance from subject/technical experts.
Vendors may work with customers to provide seamless integration of
structured internal and external content into the customers' workflow
environment (e.g. intranet, extranet, portal, etc). The vendors shall
address how their customer specific products will be updated and
maintained. Customer-specific offerings may be described and negotiated
by the contracting office on an individual basis. For direct-pay
customers, the requiring agency's contracting office shall conduct
negotiations, and LC/Contracts shall negotiate on behalf of transfer pay
customers. Specialized access/service negotiated by direct-pay
customers\' contracting officers may only be made available to the
customer after it has been approved by LC Contracts.

All materials shall be provided in accordance with the provisions of
U.S. Copyright Law. The vendor is required to pay all appropriate
royalty or copyright royalty fees for the use of or link to full text
publications. The vendor shall provide customers with a statement that
their products and services comply with the copyright provisions.

**\_\_\_\_\_Specialized File Groupings.** The vendor may offer
specialized groupings of its existing electronic information retrieval
databases/publications. The vendor may establish predefined groupings
available to all customers, may have a predefined access and pricing
formula for picking and choosing among files, and/or may set up a
specific grouping as requested by particular customer. Customer-specific
grouping of files may be described and negotiated on an individual
basis.

\_\_\_\_\_**Access to the customer's own files.** The vendor may provide
access and searching to electronic databases/publications that are
created and maintained by the customer and made available through the
vendor\'s system. This does not include custom database creation by the
vendor, nor editing or other maintenance of the customer\'s data and
files by the vendor\'s personnel. Access and searching of the
customer\'s material may be described and negotiated on an individual
basis.

\_\_\_\_**\_Special Interface.** The vendor may prepare a special
interface to its electronic database/publication for a customer.
Customer-specific interfaces may be described and negotiated on an
individual basis. For example, the vendor may:

• provide an access and search link between a customer\'s portal and the
vendor\'s web-based system;

• develop ways to reformat database search results so that they are
accessible in the customer\'s internal system; or,

• prepare a special menu on the vendor\'s system for the customer\'s
end-users to see when accessing the special grouping of files.

\_\_\_\_\_**Research assistance from vendor's subject/technical
experts.** The vendor may provide subject and technical expertise to
customers in searching vendors\' own electronic resources, collating
search results, and translating materials. Research assistance might
include: helping an end-user formulate an efficient search in the
vendor\'s publication; or searching for current research on a topic
requested by the customer, collating search results, and preparing a
synthesis of findings. These services shall be described on a
fixed-price deliverables basis (e.g.., per search, per number of
resources accesses, per research report) not on an open-ended time and
materials basis. These services may be offered to all customers at
standard prices established in the contract. For selected customer
requirements, services may be described and negotiated on an individual
basis. Under this contract, research assistance does not cover on-site
personal services such as staffing library reference desks, nor
long-term consultant projects.

## C. CONTRACT CLAUSES AND ADDENDUM

#### C.1 SCOPE OF CONTRACT 

**C.1.1. BACKGROUND.** This solicitation is issued to establish
Indefinite Delivery Indefinite Quantity (ID/IQ) contracts for
acquisition of or access to commercial off-the-shelf (COTS) electronic
information resources for the FEDLINK program. FEDLINK is a nationwide
interagency consortia sponsored by the Library of Congress (LC or The
Library) through its Federal Library and Information Center Committee
(FLICC). FEDLINK offers federal libraries, information centers and other
federal activities information retrieval and library support services to
help them fulfill their crucial mission of keeping the Government and
the nation informed.

Under the revolving fund created by the Library of Congress Fiscal
Operations Improvement Act, P.L. 106-481, Section 103 (2 U.S.C. §§
182c.), LC uses its extensive knowledge of the information industry and
library operations to establish contractual agreements for commercial
library/information products and then makes these agreements available
to other federal libraries, information centers and other federal
activities. LC/FEDLINK contractual agreements are established through
formal procurement processes that meet the requirements of the Federal
Acquisition Regulations (FAR) and follow the guidance provided by the
Office of Federal Procurement Policy (OFPP). FEDLINK contracting for
computer-based services began in 1974 with a delegation of procurement
authority (DPA) from the General Services Administration to The Library.
Both the Office of Management and Budget and the General Accounting
Office encouraged the program\'s development and use by federal
agencies.

LC/FEDLINK agreements are available to federal offices in the executive
branch (including the department of defense), the legislative branch,
the judicial branch, and independent agencies. In addition, contractors
to government agencies who are authorized to use federal sources of
supply are able to purchase through FEDLINK. Although the contracts meet
the standards demanded by librarians and other information
professionals, LC/FEDLINK customers are not limited to libraries. Legal
offices, laboratories and information centers, analysts, scientists and
other end-users in federal agencies may acquire their electronic and
print publications through FEDLINK. FEDLINK contracts are negotiated to
achieve the lowest possible price and most favorable terms and
conditions. Vendor sales volume is considered to be an important element
to achieve maximum discounts in each contract.

FEDLINK customers may choose a direct payment/invoice relationship with
vendors or a "transfer pay" option. FEDLINK provides fiscal support to
FEDLINK "transfer pay" customers. When establishing a purchase agreement
with LC to use FEDLINK services, the customer may choose to transfer
funds to LC to pay invoices for services ordered through the purchase
agreement. Under this \"transfer pay\" option, the vendor sends invoices
to FEDLINK, where FEDLINK Fiscal Operations (FFO) staff examine them,
pay the vendor electronically, and send the customer a statement of
account with copies of the paid vendor invoices. With transfer pay, the
vendor only has to deal with one government financial office and the
customer is relieved of the invoice processing workload. Terms for the
direct-pay or transfer-pay options, information on delivery
order/purchase order and invoice procedures are described in Section F
of this contract.

**C.1.2. SCOPE OF THIS PROCUREMENT.** This contract is divided into four
lots. Vendors must offer services/products under Lot 1 in order to
provide services under Lot 3, and must offer services under either Lot 1
and/or Lot 2 in order to provide services under Lot 4. The four lots to
be offered are as follows:

**C.1.2.1. LOT 1 - Electronic Databases/Publications.** Lot 1 is the
core of this contract. It covers publishers and vendors who provide
access to commercial off‑the‑shelf electronic materials in many
publication formats as described below:

> **C.1.2.1 (a) Information Retrieval Databases.** Information retrieval
> database vendors provide access, search and retrieval of information
> from databases and other electronic publications installed on a server
> at the vendor\'s facility and made available through the vendor\'s
> search interface. The system may be accessed and search results
> delivered via the Internet/Web, dedicated lines/ports or newsfeeds.
> Access is typically controlled through Internet protocol (IP)
> addresses or passwords for individual users. Authorized users can
> search and retrieve text on-demand, view records on their desktop and
> download or print items in a variety of record formats. Information
> retrieval services may be priced by transaction, subscription, or in
> blocks. The vendor shall provide a description of its electronic
> information retrieval services that addresses:

-   the information retrieval databases/publications available -
    content, coverage, currency, publisher, etc.;

```{=html}
<!-- -->
```
-   how the system is accessed - Internet, Intranet, Web, dedicated
    line, etc.;

```{=html}
<!-- -->
```
-   how access is controlled - IP address, passwords, cancellation,
    reactivation, etc.;

-   the search interface; and,

```{=html}
<!-- -->
```
-   search results - format, delivery method, redistribution, etc.

> **C.1.2.1 (b) Current Awareness.** Variously known as personalized
> alerts, trackers, SDIs (selective dissemination of information), or
> table of contents services, current awareness services monitor
> electronic databases/publications and report items that match a
> user-specific interest profile or search strategy. Current awareness
> search results are delivered to the user electronically. Current
> awareness services may be priced by transaction, by subscription or in
> blocks.
>
> Profiles may be specific to individuals, groups of associated users,
> or may be predefined by the vendor. Examples would be: a scientist
> might establish an alert for research on environmental toxins; an
> agency may set up a regular search for citations to articles published
> by its grantees; a librarian might subscribe to table of contents
> service for journals used by library customers; a vendor might
> establish a standard profile for updates on legislative or regulatory
> action on telecommunications reform.

The vendor shall provide a description of its current awareness service
that addresses:

-   how the profile is established, changed, and terminated;

```{=html}
<!-- -->
```
-   what electronic publications shall be searched;

```{=html}
<!-- -->
```
-   how the current awareness search is run - frequency, etc.; and,

```{=html}
<!-- -->
```
-   how search results are delivered - format, delivery method,
    frequency, etc.

> **C.1.2.1 (c) Portal Services.** Portal (\"gateway\" or
> \"metasearch\") services provide a single search interface to
> information resources in a wide array of formats via communications
> links to disparate information retrieval systems. Portals provide
> centralized access and federated searching of Web sites or products
> and/or other electronic information retrieval systems. Portals usually
> provide a common interface or command language for integrated
> searching, and *may* offer centralized administration and billing for
> use of remote fee-for- service or proprietary systems. Systems
> accessed via the portal and charges billed through the portal must
> fall within the scope of this solicitation. Portal services may be
> priced by transaction, by subscription or in blocks.
>
> The vendor shall provide a description of its portal service that
> addresses:
>
> the systems and Web products that may be accessed;

-   the search/retrieval standards (MARC21, Z39.50, XML, etc.) supported
    by the system;

```{=html}
<!-- -->
```
-   search and output , customization, local integration, software and
    interface options;

```{=html}
<!-- -->
```
-   the relationship between the offered service and the systems it
    searches (i.e., must the customer have direct accounts or
    subscriptions to each of the systems the product searches, or does
    the offeror\'s product use its own account(s)?);

```{=html}
<!-- -->
```
-   what prices shall be charged FEDLINK customers, if any, by the
    remote fee-for- service or proprietary system; and;

```{=html}
<!-- -->
```
-   how access is controlled - IP addresses, passwords, etc

> **C.1.2.1 (d) Electronic Serials.** Electronic serials (e-journals)
> are publications that typically include articles, illustrations, and
> other materials that appear in an issue of a journal, magazine or
> other periodical publication. E-journals may be published solely in
> electronic format or may be electronic versions of traditional print
> periodicals. E-journals frequently incorporate hyperlinks or
> multi-media elements. They are usually provided on a subscription
> basis to a defined group of users within an organization or to a
> consortium of institutions. The vendor shall provide for access to an
> archive or back issues of the e-journals, by maintaining the files
> centrally or allowing the subscriber to retain an archival copy.
>
> The vendor shall provide a description of its electronic serials
> (e-journals) that addresses:
>
> access to the publication - software, communications, passwords, etc.;
>
> the publication\'s format, content, coverage, and currency; and,
>
> subscription features - subscriber base, usage level, period, etc.
>
> **C.1.2.1 (e) Electronic Books.** Electronic books that library
> patrons can search borrow, read, and return via the Web or other
> Internet channels. E‑books may be published as full text collections
> and individual titles. E-books may be electronic versions of print
> titles, or may be works published solely in electronic format. E‑books
> frequently incorporate interactive learning tools, such as hyperlinks
> or multi-media elements. They are usually provided for the
> institutional library or information center market on a subscription
> basis. The vendor typically provides access to e-books while
> maintaining the files centrally. Library subscribers may incorporate
> e-books bibliographic records into their existing information
> retrieval catalogs for users' desktop access.
>
> The vendor shall provide a description of its e-books that addresses:
>
> access to the publication - software, communications, IP addresses,
> passwords, etc.;
>
> the publication\'s format, content, coverage, and currency;
> disposition of content when subscription ends - access or ownership
>
> subscription features - subscriber base, transaction activity, period,
> content maintenance and support, etc.
>
> hardware requirements - specifications, availability of portable
> reading devices, etc
>
> **C.1.2.1 (f) Fixed Media Databases - CD-ROM, Magnetic Tape,
> Diskette.** Fixed media electronic databases/publications shall be
> physically installed in the customer\'s facility, either on a
> standalone workstation or in a networked environment. The software
> necessary to access fixed media publications shall be provided as part
> of the product. These publications may be purchased on a firm order,
> continuation or subscription basis. For publications purchased on
> subscription, the vendor shall specify procedures for handling regular
> updates. The vendor shall identify procedures for disposition of
> materials received under a canceled subscription. The vendor shall
> identify how a customer who cancels a subscription is to dispose of
> materials received under the subscription.
>
> The vendor shall provide a description of its fixed media publications
> that addresses:
>
> how the publication is accessed - software, hardware, network, links
> to information retrieval , etc.;
>
> the publication\'s format, content, coverage, and currency; or,
>
> subscription features - subscriber, period, updates, retention, etc.

**C.1.2.2. LOT 1 - FEDLINK Requirements.**

> **C.1.2.2 (a) System Access Authorizations, User IDs, Passwords for
> information retrieval systems/products.** The vendor, not the FEDLINK
> office, shall be responsible for issuing and maintaining IDs that are
> necessary to access the vendor's databases or other electronic
> publications. This does not include IDs that may be required by the
> customer\'s local system, telecommunications or Internet provider.
> Customers\' system access IDs will not be billed to the FEDLINK office
> itself, but shall be associated with individual customers. The vendor
> shall issue IDs for new customers or additional users promptly. The
> vendor shall establish procedures for customers to request IDs and
> shall identify any restrictions on use of IDs.
>
> **C.1.2.2 (b) Canceling IDs for information retrieval
> systems/products.** Upon member request, the vendor shall promptly
> cancel individual IDs and terminate charges associated with continued
> service for those IDs in accordance with the terms of the contract.
> Except when the customer\'s funding is exhausted, the vendor shall not
> terminate IDs during the fiscal year without advance notification. The
> vendor shall establish procedures for customers to cancel IDs.
>
> **C.1.2.2 (c) Undelivered or Unacceptable Materials for information
> retrieval systems/products.** The vendor shall provide a way for
> customers to \"claim\" electronic files that are undelivered or
> unacceptable, such as: undelivered current awareness reports or
> electronic journal issues normally distributed via e-mail; files
> corrupted in transmission; or alert or tracker reports that do not
> match personalized profile or are outdated.
>
> **C.1.2.2 (d) Subscriptions.** Subscriptions may be offered for
> information retrieval services and electronic serials as well as for
> other fixed electronic media and print publications. Subscriptions are
> ordered at the beginning of the subscription period; the subscription
> period may cross fiscal years. Vendors shall describe subscriptions in
> terms of four elements: what, for whom (i.e. agency, individuals), how
> much and for how long. . Examples might be:

-   an agency purchases an institutional subscription for unlimited
    usage of all files available on the vendor\'s database system for a
    period not to exceed 12 months;

```{=html}
<!-- -->
```
-   group of federal laboratories subscribes to a chemistry-related
    subset of files available on a system, for 1,000 hours per month for
    a total of six months, with usage over 1,000 hours per month billed
    at regular transactional rates;

```{=html}
<!-- -->
```
-   library that subscribes to the print and/or electronic version of a
    publication purchases a three-year subscription to a CD‑ROM version
    of the same material to be mounted on the library\'s Intranet or
    portal or,

-   a service academy subscribes to an electronic journal for its
    faculty, staff and students, all of whom shall access the journal
    via the Internet from addresses within the same Internet domain.

\(1\) Subscription Invoicing. The vendor may invoice for the entire
subscription price when the order is placed, or may invoice on a regular
periodic basis. When subscriptions are prepaid, they should earn
significant discounts for the government. Because a customer may have a
subscription that covers some usage (for certain users, certain files,
etc.) but may pay transactional prices for other usage, it is very
important that all usage associated with the subscription be charged to
the subscription and reported against it. Subscription invoices shall
reflect the fiscal year in which the subscription was ordered. Double
charging for usage by deducting from a subscription amount and charging
transactional fees is prohibited. For subscriptions to electronic
publications, the vendor shall provide customers with a way to determine
how much usage there has been under the subscription. See C.1.2.2 (e)
E-Metrics Usage Data.

> \(2\) Subscription cancellation and refunds. When in the interest of
> the Government a customer finds it necessary to cancel a subscription,
> a refund is due as described below. The vendor shall refund the entire
> subscription price to a customer who cancels a subscription before the
> print issues are received, fixed media publication is installed, or
> information retrieval subscription is accessed. For a customer who
> cancels an information retrieval subscription before it is exhausted,
> the vendor shall refund any difference between the subscription price
> and the \"open usage value\" of the basic FEDLINK rate for the
> customer\'s actual usage as of the cancellation date. Thus, for
> example, a customer who cancels a \$10,000 subscription after using 60
> hours worth of a database with a basic FEDLINK rate of \$30 per hour
> is entitled to a refund of \$8,200 (\$10,000 minus 60 hours @ \$30 per
> hour.) In no case shall the Government be charged more than the
> subscription amount authorized on the customer\'s delivery/purchase
> order. The vendor is responsible for tracking subscription usage and
> providing the information necessary to figure refund amounts. Vendor
> must reimburse customer subscription price, if not used.
>
> It should be noted that print publishers that provide electronic
> access to their publications sometimes differ in their subscription
> cancellation policies. Some publishers will not accept mid-term
> cancellations, and some will not refund money for the unused portion
> of a subscription. The availability and timing of refunds for
> cancellations depends on the publishers' policies. The vendor may
> pass-through to the FEDLINK customer the terms of the publisher's
> cancellation policy.
>
> **C.1.2.2 (e) E-metrics Usage Data.** The use of online information
> resources has been growing exponentially and it is widely agreed by
> producers and purchasers of information that the use of these
> resources should be measured in a more consistent way. In order that
> customers may be able to analyze patterns in their usage, vendors
> shall provide customers with machine readable data about the
> customer's use of their products/services.
>
> \(1\) Format. E-metric usage data may be provided via electronic
> formats such as application ready format, such as Microsoft Access or
> Excel, Lotus Notes, e-mail, file transfer, or fixed media. To
> facilitate management analysis, data manipulation, and reporting, the
> data format should allow for easy editing, viewing or importing into a
> standard database management or spreadsheet program. Report formats
> should include the user group (or FEDLINK ID if available), IP address
> or range, access profile within the user community and time period.
>
> \(2\) Required Fields. E-metrics usage data shall include
> session-specific data, with the following minimum elements: number of
> searches, number of materials accessed and/or supplied (displayed,
> downloaded, saved/archived) to the user; material type (e.g.,
> citation, abstract, full-text, Web pages, image, audio, video, etc.)
> and materials source (e.g., locally owned accessible materials,
> accessible links, etc.)
>
> For initiatives and standards relevant to usage statistics vendors
> should refer to the following publications for current information on
> the measurement of web-based resources:
>
> Counting Online Usage of Networked Electronic Resources (COUNTER) is
> an international initiative designed to service librarians, publishers
> and intermediaries by facilitating the recording and exchange of
> online usage. The COUNTER Code of Practice provides guidance on data
> elements to be measured, definitions of these data elements, output
> report content and format, as well as on data processing and auditing.
> To have their usage statistics and report designated
> "COUNTER-compliant" vendors must provide usage statistics that conform
> to the Code of Practice. Additional information may be found at
> http://www.projectcounter.org
>
> International Coalition of Library Consortia (ICOLC) *Guidelines for
> Statistical Measures of usage of Web-Based Indexed, Abstracted, and
> Full Text Resources* (December 2001 revision of original November 1998
> Guidelines), Additional information may be found at
> http://www.library.yale.edu/consortia/2001webstats.htm
>
> National Information Standards Organization (NISO) *Z39.7-2002 Draft
> Standard for Trial Use Information Services and Use: Metrics &
> statistics for libraries and information providers.* For further
> information , see http://www.niso.org/emetrics/

**C.1.2.3. LOT 2 - Document Delivery Services.** Lot 2 covers vendors
who provide machine-readable print copies of published materials in
response to specific citation requests. However, general database or
Internet searching at the customer's request is not covered under this
lot. Services offered include:

> **C.1.2.3 (a) Document Delivery Service.** The vendor shall provide
> machine-readable or print copies of published and unpublished
> materials in response to specific citation requests. Materials
> typically include journal and newspaper articles, conference papers
> and proceedings, annual reports, technical reports, dissertations and
> theses, official legal, financial or patent documents. The vendor may
> retrieve or duplicate documents from the vendor's own internal source
> files, such as journal issues held in‑house in paper or
> machine-readable form, or from external sources, such as the original
> producer of the item. The vendor may retrieve documents from remote
> information retrieval files in response to specific citation requests
> from the customer.
>
> **C.1.2.3 (b) Public Records Searching.** The vendor may retrieve
> official legal, financial, or patent documents as requested by the
> customer. This service shall include identification, acquisition, and
> delivery of the official document. The vendor shall provide the
> customer with a statement describing the currency, extent, and
> completeness of the public record search.
>
> **C.1.2.3 (c) Order Verification.** The customer shall verify
> citations before placing document orders. In cases where more complete
> verification is required, the customer may authorize the vendor to
> establish the accuracy of the bibliographic component of the citation
> of a requested item. The vendor may then assess a flat per item fee
> for verification.
>
> **C.1.2.3 (d) Copyright Compliance.** All items shall be provided in
> accordance with the provisions of U.S. Copyright Law.
>
> \(1\) Royalty Fees. The vendor is required to pay all appropriate
> royalty or copyright royalty fees for the use of the publications
> provided before the documents are shipped. Such fees may be paid
> direct to the copyright owner or to a reproduction rights
> organization. The vendor may pass‑through royalty or copyright fees to
> the customer. The customer shall be notified when a royalty or
> copyright fee is in excess of \$20.00 and be given the opportunity to
> cancel the order.
>
> \(2\) Copyright Compliance Notice. To enable the customer to identify
> items purchased through the document service, items supplied by the
> vendor shall carry the notice \"Document Delivery Service Item.\"

**C.1.2.4. LOT 2 - FEDLINK Requirements.**

> **C.1.2.4 (a) Order Cancellation.**
>
> \(1\) By the Customer. The customer may cancel an order after
> placement but before shipment. In such cases the vendor may assess a
> flat charge for canceling the order. When the customer rejects an
> order due to late delivery of the requested item, or unsatisfactory
> quality of the document, the vendor may not assess a cancellation fee.
>
> \(2\) By the Vendor. The vendor shall cancel orders which cannot be
> filled within specified turnaround time. The vendor shall provide the
> customer with a written notice of the cancellation. The notice shall
> be supplied within five working days of the date the order is
> canceled, or within five (5) working days of the date the vendor
> determines that a timely, quality document cannot be supplied. No
> cancellation fee may be assessed by the vendor for an order canceled
> by the vendor or the vendor\'s agent.
>
> **C.1.2.4 (b) Management Data/Reports.** To help the customer track
> and manage its document delivery activity, the vendor shall provide
> document delivery service \"usage\" data in electronic format suitable
> for import into spreadsheet or database management applications. The
> data shall include:

(1) identification information: POC, ordering office, ship‑to address or
    ID; and,

> \(2\) order information: fiscal year and date of the order, item,
> quantity, list price, discount, service fee, copyright fee, special
> delivery fee, extended price.
>
> **C.1.2.4 (c) Delivery.** Documents may be delivered electronically,
> by fax, mail or special delivery. The vendor shall specify regular and
> rush fulfillment times for processing and delivery of all orders, and
> shall provide accurate and complete materials of satisfactory quality
> within those time frames regardless of the document\'s point of
> origin.

**C.1.2.5. LOT 3 - Vendor Associated Publications.** Lot 3 is only open
to vendors who qualify under Lot 1. Vendors and publishers that offer
electronic database/publications under Lot 1 may also provide their
commercial off‑the shelf print, video, microform or multimedia
publications. The vendor shall provide electronic access to their
catalog of available publications. (Book jobbers and serials agents are
covered by separate LC/FEDLINK solicitations and agreements and are not
the subject of this procurement).

**C.1.2.6. LOT 4 - Specialized Access / Product Integration**. Lot 4 is
only open to vendors who qualify under Lot 1 and/or Lot 2. Under Lot 4,
vendors may tailor their electronic publication packages for individual
customers. Vendors may work with customers to provide seamless
integration of structured internal and external content into the
customers' workflow environment (e.g. intranet, extranet, portal, etc.).
The vendors shall address how their customer specific products will be
updated and maintained. For example, a customer may request that access
for the agency be limited to a specific subset of the databases
available on a vendor\'s system, or that the vendor\'s electronic
publications be accessible via the agency\'s intranet. Vendors may
provide database searching, translations, and other research assistance
associated with the electronic information resources they offer under
Lot 1 and/or Lot 2. Research assistance shall be priced on a per-item
basis, not an hourly basis (e.g., per search, per summary report, per
translation, etc.) Customer-specific offerings may be described and
negotiated by the contracting office on an individual basis.

All materials shall be provided in accordance with the provisions of
U.S. Copyright Law. The vendor is required to pay all appropriate
royalty or copyright royalty fees for the use of or link to full text
publications. The vendor shall provide customers with a statement that
their products and services comply with the copyright provisions.

> **C.1.2.6 (a)** **Specialized File Groupings.** The vendor may offer
> specialized groupings of its existing electronic information retrieval
> databases/publications. The vendor may establish predefined groupings
> available to all customers, may have a predefined access and pricing
> formula for picking and choosing among files, and/or may set up a
> specific grouping as requested by particular customer.
> Customer-specific grouping of files may be described and negotiated on
> an individual basis.
>
> **C.1.2.6 (b) Access to the customer's own files.** The vendor may
> provide access and searching to electronic databases/publications that
> are created and maintained by the customer and made available through
> the vendor\'s system. This does not include custom database creation
> by the vendor, nor editing or other maintenance of the customer\'s
> data or files by the vendor\'s personnel. Access and searching of the
> customer\'s material may be described and negotiated on an individual
> basis.
>
> **C.1.2.6 (c) Special Interface.** The vendor may prepare a special
> interface to its electronic database/publication for a customer.
> Customer-specific interfaces may be described and negotiated on an
> individual basis. For example, the vendor may:

-   provide an access and search link between a customer\'s portal and
    the vendor\'s web-based system;

```{=html}
<!-- -->
```
-   develop ways to reformat database search results so that they are
    accessible in the customer\'s internal system; or,

```{=html}
<!-- -->
```
-   prepare a special menu on the vendor\'s system for the customer\'s
    end-users to see when accessing the special grouping of files.

> **C.1.2.6 (d) Research assistance from vendor's subject/technical
> experts.** The vendor may provide subject and technical expertise to
> customers in searching vendors\' own electronic resources, collating
> search results, and translating materials. Research assistance might
> include: helping an end-user formulate an efficient search in the
> vendor\'s publication; or searching for current research on a topic
> requested by the customer, collating search results, and preparing a
> synthesis of findings. These services shall be described on a
> fixed-price deliverables basis (e.g., per search, per number of
> resources accesses, per research report) not on an open-ended time and
> materials basis. These services may be offered to all customers at
> standard prices established in the contract. For selected customer
> requirements, services may be described and negotiated on an
> individual basis. Under this contract, research assistance does not
> cover on-site personal services such as staffing library reference
> desks, nor long-term consultant projects.

**C.1.2.7. FEDLINK Requirements for Physical Items Ordered.** The
following requirements apply to item orders for fixed media
publications, documents, print publications or other physical items
covered by this contract.

> **C.1.2.7 (a) Fulfillment Time.** The vendor shall specify a standard
> fulfillment time for processing and delivery of all orders, including
> those shipped directly from the publication/document source to the
> customer. The vendor shall provide both regular and rush order
> service. So that customer\'s funds are not committed indefinitely, all
> orders shall either be filled or canceled within 120 days.
>
> **C.1.2.7 (b) Backorders.** When specifically authorized by the
> customer, the vendor may treat difficult‑to‑acquire items as
> backorders. (see fulfillment time above)
>
> **C.1.2.7 (c) Cancellation.** The vendor shall cancel orders which
> cannot be filled within the specified time frames, unless upon mutual
> prior agreement between the customer and the vendor the fulfillment
> period is extended.
>
> **C.1.2.7 (d) Shipping.** Physical items shall be shipped FOB
> destination by best method as determined by the vendor to insure a
> timely delivery date. The Government shall not be charged for
> shipping, except when the customer has authorized a special delivery
> method. When the customer has authorized delivery via Federal Express,
> overnight mail, messenger service, registered mail, priority mail for
> overseas shipments, or other such special delivery methods, the vendor
> may pass the shipping charge through to the customer. Copies of actual
> charges shall be required upon request.
>
> **C.1.2.7 (e) Replacing Physically Unsatisfactory Items**. The vendor
> shall replace, at no additional cost to the customer, any document or
> publication the customer determines is physically unsatisfactory,
> except when the material is flawed as a direct result of the
> customer\'s error. Physically unsatisfactory material would include:
> an electronic file that cannot be read or printed; a photocopy that is
> illegible, over-reduced, improperly collated, or incomplete; a print
> publication that is not new, is in poor condition, etc.
>
> **C.1.2.7 (f) Undelivered Items.** The vendor is entirely responsible
> for materials in transit, including delivery from a remote source. The
> vendor shall immediately reissue undelivered items less than \$10 in
> value at no additional cost to the customer, and shall assist
> customers in tracing undelivered items of greater value, and when the
> trace fails to locate the materials, shall replace them at no cost to
> the customer.

**C.1.3. License Agreements.**

Vendors frequently have license agreements for their electronic
databases/publications and software products. Some licenses are for the
vendor\'s proprietary products; other licenses simply pass-through terms
established by the original publisher. LC/FEDLINK contracting officers
shall **not** sign license agreements for the products/services
requiring agencies acquire through LC/FEDLINK contracts. The
products/services are used in the requiring agency and the licenses are
signed and enforced by the requiring activity itself. This means that
licenses shall be reviewed by the agency\'s attorneys, contracting
officers, or other appropriate officials. Licenses that are ill-suited
to federal customers are likely to have difficulty being approved. To
make the license approval process easier for both vendors and federal
agencies, FEDLINK has worked with the Library of Congress Office of
General Counsel (OGC) to develop a basic license agreement that meets
the federal requirements and serves the needs of federal libraries while
still respecting the vendor's interests. Counsel and FEDLINK program
staff developed the model by reviewing existing commercial licenses for
electronic database and publication services and by talking with the
vendors and with the federal librarians on the FLICC Information
Technology Working Group Licensing Subgroup. The basic license is
included as *Attachment D.1* in Section D of this contract. The vendor
is not required to adopt this basic license in its entirety, but the
terms in the basic license may serve as the basis for analysis and
negotiation of licenses offered by the vendor. The vendor may, of
course, choose to accept the basic license as its license. At the very
least, it is hoped that the basic license will provide the vendor with
license language that is likely to be acceptable to federal agency users
and counsel (i.e. treatment of the *Federal Acquisition Regulation
(FAR)* or payment and interest)

Customers and vendors remain free to negotiate licenses separately. Such
individual licenses shall only pertain to the customer for whom they
were negotiated. When negotiating redistribution rights, vendors must
consider that individuals legitimately associated with the requiring
activity must be able to use the information resources the agency
intends to provide for them. Upon request, FEDLINK shall assist vendors
and FEDLINK customers in negotiating licenses to be applied in their
local environments. Licenses presented when users logon to a system that
instruct the user to \"Click here to accept\" or otherwise interactively
agree to a standard non-FEDLINK license, do not supersede the terms of
this contract and the FEDLINK-specific licenses incorporated herein.

Working with customers, FEDLINK has identified common commercial license
terms that are likely to be unacceptable to local officials and terms
that are impractical for federal agencies to implement. FEDLINK requests
that vendors adapt their commercial licenses for FEDLINK customers by
modifying the relevant clauses, by including a special section for the
federal market, or by prefacing the license with language such as the
following:

> All of the terms and conditions set forth in this license agreement
> are governed by the language of FAR 52.212-4, as well as the terms of
> the FEDLINK contract. In the event any language in the terms and
> conditions of this license conflict with the governing FAR clauses or
> other federal law, the FAR clauses and federal law take precedence.

Note that language to this effect is included in the Schedule of this
contract and therefore governs all orders issued under this contract.

**C.1.4. 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 customer\'s account. For Transfer-Pay
customers, the Interagency Agreement (IAG) point-of-contact will serve
as the COTR for the requiring agency for the services specified in the
IAG. For Direct-Pay customers, the COTR for the requiring agency shall
be as designated on the agency delivery order/purchase order. 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 LC Contracting Officer is the
**only** party authorized to make any changes which affect the terms and
conditions of this contract or to bind the Library of Congress.

**C.2 ESTIMATED FEDLINK SALES**

The figures shown below reflect the approximate purchases made by
service/supply category within the FEDLINK program for the period of
October 1, 2001 through September 30, 2002:

  -------------------------------------------- --------------------------
  Information Retrieval                        \$43,356,609

  Serials                                      \$33,801,078

  Books                                        \$7,859,943

  Biblio.Utilities                             \$5,157,026

  Inter-Library Loan Svc.                      \$324,781

  Network Training                             \$116,120

  Copyright Clearance                          \$111,915
  -------------------------------------------- --------------------------

**C.3 GUARANTEED MINIMUM**

The minimum that the Government agrees to order during the period of
this contract is \$500. If the Vendor receives total orders for less
than \$500 during the term of the contract, the Government will pay the
difference between the amount ordered and \$500.

\(a\) Payment of any amount due under this clause shall be contingent
upon the Vendor's timely submission of the FEDLINK Quarterly Sales
Reports, as specified in section C.7.1 of this contract, during the
period of the contract and receipt of the close-out sales report.

\(b\) The guaranteed minimum applies only if the contract expires or
contract cancellation is initiated by the Government. The guaranteed
minimum does not apply if the contract is terminated for cause or if the
contract is canceled at the request of the Vendor.

# C.4 PROMOTION OF CONTRACT

The Vendor shall promote this contract to all current FEDLINK customers
and federal libraries, as well as other eligible customers during the
life of the contract. The offeror's goals shall be to: (a) make
customers aware of this procurement vehicle; (b) make customers aware of
all available products and services; and (c) assist customers in
creating timely and accurate delivery order/purchase orders. The FEDLINK
Logo may be used for this purpose in accordance with the provisions of
section C.9.

**C.4.1 Copy of Contract and Price schedule.** Upon request, the vendor
shall provide customers with at least one copy of the vendor\'s current
LC/FEDLINK contract or price schedule. Electronic accessibility to price
schedules is preferred. All contract and pricing information supplied to
customers shall be identical to the original signed contract.

#### C.5 CANCELLATION OF CONTRACT 

Either party may cancel this contract in whole or in part by providing
written notice. The cancellation will take effect 30 calendar days after
the other party receives the notice of cancellation. If the Vendor
elects to cancel this contract, the Government will not pay the minimum
guarantee.

#### C.6 CONTRACT SALES CRITERIA 

A contract will not be awarded unless anticipated sales are expected to
exceed at least \$25,000 for a 1-year period.

Any resultant contract may be canceled in accordance with the
Cancellation clause above, unless reported sales are at least \$25,000
for a 1-year period.

**C.7 CONTRACT SALES REPORTING REQUIREMENTS.**

**C.7.1. FEDLINK Quarterly Sales Reports.** The vendor shall submit
quarterly the agency name, point-of-contact (POC), and total dollars
obligated for the services provided under this contract. The vendor may
use the sample FEDLINK Quarterly Sales Report Forms provided (see
attachment D.2) or develop a computerized report as long as it provides
the information identified below. Reports shall be suitable for import
into a Microsoft Excel spreadsheet and shall be sent via email to the
Contracting Officer as listed in section F.1.2. To facilitate FEDLINK
reporting of usage, separate reports shall be provided for each customer
payment option (direct and transfer) and shall provide the following
information:

• Agency name

• Agency point-of-contact (POC) and telephone number

• FEDLINK ID if applicable

• Delivery order/purchase order number

• Delivery order/purchase order Not-to-Exceed (NTE) Total

• Fiscal year amounts received for each customer

• Current quarterly dollars expended for each customer

• Total Vendor fee paid (Direct-Pay only / Vendor totals only)

**C.7.2. Deadline.** The reports shall be received in the Contracts and
Logistics Office within forty-five (45) calendar days after the end of
the particular reporting fiscal year quarter.

**C.7.3. Failure.** Failure on the part of the vendor to comply with
this requirement shall constitute an \"incomplete package\" for
invoicing purposes for transfer pay customers and no payment shall be
made to the vendor until the reports are received. Vendors will be
charged interest for overdue vendor payments as specified in section
F.3.3.

**C.8 VENDOR PERFORMANCE REPORTING REQUIREMENTS**

This clause applies to all contracts estimated to exceed \$100,000.

Customer agencies are required to submit a past performance evaluation
form at the completion of each fiscal year or contract performance
period (see attachment D.3). The contracting officer will provide copies
of any reports received to the vendor, and the vendor will have 30
calendar days from receipt to submit a rebuttal and/or a report of
corrective actions taken. The past performance evaluation will be placed
in the vendor's past performance file and will be available to any
federal agency upon request for a period of 3 years.

**C.9 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 of Congress and/or the FEDLINK program in commercial advertising
in such a manner as to state or imply that the product or service
provided is preferred by the Library of Congress 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 of
Congress endorses, uses, or distributes the vendor\'s product or
service.

**C.10 NEWS RELEASES.**

News releases pertaining to this contract shall not be made without
FEDLINK approval, as appropriate, and then only upon written approval
received from the contracting officer.

**C.11 ADDITIONAL CONTRACT CLAUSES INCORPORTED BY REFERENCE:**

**FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES**

**NUMBER DATE TITLE**

52.227-14 JUN 1987 Rights in Data---General

52.227-17 JUN 1987 Rights in Data---Special Works

52.214-34 APR 1991 Submission of Offers in the English Language

52.214-35 APR 1991 Submission of Offers in U.S. Currency

#### C.12 ORDERING (FAR 52.216-18) (OCT 1995) 

\(a\) Any supplies and services to be furnished under this contract
shall be ordered by issuance of delivery orders by the individuals or
activities designated in the Schedule. Such orders may be issued from
the Date of Award through Contract expiration date.

\(b\) All delivery orders are subject to the terms and conditions of
this contract. In the event of conflict between a delivery order and
this contract, the contract shall control.

\(c\) If mailed, a delivery order is considered \"issued\" when the
Government deposits the order in the mail.

\(c\) If faxed, a delivery order is considered \"issued\" when the
Government transmits the order by facsimile machine.

**C.13 ORDER LIMITATIONS (FAR 52.216‑19) (OCT 1995)**

\(a\) Minimum order. When the Government requires supplies or services
covered by this contract in an amount less than \$100, the Government is
not obligated to purchase, nor is the Contractor obligated to furnish
those supplies or services under the contract. However, offerors may, if
willing to accept smaller orders, specify a smaller amount in their
offers. If a smaller amount is offered, it is mutually agreed that the
Contractor will accept such orders and specify the smaller minimum order
limitation in the applicable catalog/price list. If the offeror fails to
specify a smaller amount, the Government may place orders for a smaller
amount. Such orders shall be deemed to be accepted by the Contractor,
unless returned to the ordering office within 5 workdays after receipt
by the Contractor.

\(b\) Maximum order. The Contractor is not obligated to honor any order
for a combination of items in excess of \$20 million annually for the
period of this contract.

\(c\) Notwithstanding paragraph (b) above, the Contractor shall honor
any order exceeding the maximum orders in paragraph (b), unless that
order (or orders) is returned to the ordering office within 5 workdays
after receipt, with written notice stating the Contractor\'s intent not
to ship the item (or items) called for and the reasons.

\(d\) Notwithstanding paragraph (b) and (c) above, the Contractor shall
honor any purchase card orders exceeding the maximum orders in paragraph
(b), unless that order (or orders) is returned to the ordering office
within 24 hours after receipt, with written notice stating the
Contractor's intent not to ship the item (or items) called for and the
reasons.

**C.14 INDEFINITE QUANTITY (FAR 52.216‑22) (OCT 1995)**

\(a\) This is an indefinite‑quantity contract for the supplies or
services specified, and effective for the period stated, in the
Schedule. The quantities of supplies and services specified in the
Schedule are estimates only and are not purchased by this contract.

\(b\) Delivery or performance shall be made only as authorized by orders
issued in accordance with the Ordering clause. The Contractor shall
furnish to the Government, when and if ordered, the supplies or services
specified in the Schedule up to and including the quantity designated in
the Schedule as the \"maximum.\" The Government shall order at least the
quantity of supplies or services designated in the Schedule as the
\"minimum.\"

\(c\) Except for any limitations on quantities in the Order Limitations
clause or in the Schedule, there is no limit on the number of orders
that may be issued. The Government may issue orders requiring delivery
to multiple destinations or performance at multiple locations.

\(d\) Any order issued during the effective period of this contract and
not completed within that period shall be completed by the Contractor
within the time specified in the order. The contract shall govern the
Contractor\'s and Government\'s rights and obligations with respect to
that order to the same extent as if the order were completed during the
contract\'s effective period; provided, that the Contractor shall not be
required to make any deliveries under this contract after one year
following contract expiration.

**C.15 ECONOMIC PRICE ADJUSTMENT‑-SEMISTANDARD SUPPLIES (FAR 52.216-3)
(JAN 1997)**

\(a\) The Contractor warrants that the supplies identified in Section B
in the Schedule are, except for modifications required by the contract
specifications, supplies for which it has an established price. The term
\"established price\" means a price that (1) is an established catalog
or market price for a commercial item sold in substantial quantities to
the general public, and (2) is the net price after applying any standard
trade discounts offered by the Contractor. The Contractor further
warrants that, as of the date of this contract, any difference between
the unit prices stated in the contract for these line items and the
Contractor\'s established prices for like quantities of the nearest
commercial equivalents are due to compliance with contract
specifications and with any contract requirements for preservation,
packaging, and packing beyond standard commercial practice.

\(b\) The Contractor shall promptly notify the Contracting Officer of
the amount and effective date of each decrease in any applicable
established price. Each corresponding contract unit price (exclusive of
any part of the unit price that reflects modifications resulting from
compliance with specifications or with requirements for preservation,
packaging, and packing beyond standard commercial practice) shall be
decreased by the same percentage that the established price is
decreased. The decrease shall apply to those items delivered on and
after the effective date of the decrease in the Contractor\'s
established price, and this contract shall be modified accordingly.

\(c\) If the Contractor\'s applicable established price is increased
after the contract date, the corresponding contract unit price
(exclusive of any part of the unit price resulting from compliance with
specifications or with requirements for preservation, packaging, and
packing beyond standard commercial practice) shall be increased, upon
the Contractor\'s written request to the Contracting Officer, by the
same percentage that the established price is increased, and the
contract shall be modified accordingly, subject to the following
limitations:

> \(1\) The annual aggregate of the increases in any contract unit price
> under this clause shall not exceed 10 percent of the original contract
> unit price for that year.

\(2\) The increased contract unit price shall be effective‑

> \(i\) On the effective date of the increase in the applicable
> established price if the Contracting Officer receives the
> Contractor\'s written request within 10 days thereafter; or
>
> \(ii\) If the written request is received later, on the date the
> Contracting Officer receives the request.
>
> \(3\) The increased contract unit price shall not apply to quantities
> scheduled under the contract for delivery before the effective date of
> the increased contract unit price, unless failure to deliver before
> that date results from causes beyond the control and without the fault
> or negligence of the Contractor, within the meaning of the Default
> clause.
>
> \(4\) No modification increasing a contract unit price shall be
> executed under this paragraph (c) until the Contracting Officer
> verifies the increase in the applicable established price.
>
> \(5\) Within 30 days after receipt of the Contractor\'s written
> request, the Contracting Officer may cancel, without liability to
> either party, any undelivered portion of the contract items affected
> by the requested increase.

\(d\) During the time allowed for the cancellation provided for in
paragraph (c)(5) of this clause, and thereafter if there is no
cancellation, the Contractor shall continue deliveries according to the
contract delivery schedule, and the Government shall pay for such
deliveries at the contract unit price, increased to the extent provided
by paragraph (c) of this clause.

**C.16 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.

**C.17 FAR 52.233-1 DISPUTES (OCT 1995)‑‑As Modified by the Library of
Congress (NOV 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 Acting Head of Contracts 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.

**C.18 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITMES (DEC 2001)**

Contract Terms and Conditions Required to Implement Statutes or
Executive Orders-Commercial Items (May 2002)

\(a\) The Contractor shall comply with the following FAR clauses, which
are incorporated in this contract by reference, to implement provisions
of law or executive orders applicable to acquisitions of commercial
items:

\(1\) 52.222-3, Convict Labor (E.O. 11755).

\(2\) 52.233-3, Protest after Award (31 U.S.C. 3553).

\(b\) The Contractor shall comply with the FAR clauses in this paragraph
(b) that the Contracting Officer has indicated as being incorporated in
this contract by reference to implement provisions of law or Executive
orders applicable to acquisitions of commercial items or components:

\[Contracting Officer shall check as appropriate.\]

\_\_ (1) 52.203-6, Restrictions on Subcontractor Sales to the
Government, with Alternate I (41 U.S.C. 253g and 10 U.S.C. 2402).

\_\_ (2) 52.219-3, Notice of Total HUBZone Small Business Set-Aside (Jan
1999).

\_\_ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone
Small Business Concerns (Jan 1999) (if the offeror elects to waive the
preference, it shall so indicate in its offer).

\_\_ (4)(i) 52.219-5, Very Small Business Set-Aside (Pub. L. 103-403,
section 304, Small Business Reauthorization and Amendments Act of 1994).

\_\_ (5) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637
(d)(2) and (3)).

\_\_ (6) 52.219-9, Small Business Subcontracting Plan (15 U.S.C.
637(d)(4)).

\_\_ (7) 52.219-14, Limitations on Subcontracting (15 U.S.C.
637(a)(14)).

\_\_ (8)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small
Disadvantaged Business Concerns (Pub. L. 103-355, section 7102, and 10
U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so
indicate in its offer).

\_\_ (9) 52.219-25, Small Disadvantaged Business Participation
Program-Disadvantaged Status and Reporting (Pub. L. 103-355, section
7102, and 10 U.S.C. 2323).

\_\_ (10) 52.219-26, Small Disadvantaged Business Participation
Program-Incentive Subcontracting (Pub. L. 103-355, section 7102, and 10
U.S.C. 2323).

[X]{.underline} (11) 52.222-21, Prohibition of Segregated Facilities
(Feb 1999)

[X]{.underline} (12) 52.222-26, Equal Opportunity (E.O. 11246).

[X]{.underline} (13) 52.222-35, Equal Opportunity for Special Disabled
Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (38
U.S.C. 4212)

[X]{.underline} (14) 52.222-36, Affirmative Action for Workers with
Disabilities (29 U.S.C. 793).

[X]{.underline} (15) 52.222-37, Employment Reports on Special Disabled
Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (38
U.S.C. 4212).

[X]{.underline} (16) 52.222-19, Child Labor-Cooperation with Authorities
and Remedies (E.O. 13126).

\_\_ (17)(i) 52.223-9, Estimate of Percentage of Recovered Material
Content for EPA-Designated Products (42 U.S.C. 6962(c)(3)(A)(ii)).

[X]{.underline} (18) 52.225-1, Buy American Act-Supplies (41 U.S.C.
10a - 10d).

\_\_ (19)(i) 52.225-3, Buy American Act-North American Free Trade
Agreement-Israeli Trade Act (41 U.S.C. 10a - 10d, 19 U.S.C. 3301 note,
19 U.S.C. 2112 note).

\_\_ (20) 52.225-5, Trade Agreements (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).

\_\_ (21) 52.225-13, Restriction on Certain Foreign Purchases (E.O.
12722, 12724, 13059, 13067, 13121, and 13129).

\_\_ (22) 52.225-15, Sanctioned European Union Country End Products
(E.O. 12849).

\_\_ (23) 52.225-16, Sanctioned European Union Country Services (E.O.
12849).

\(24\) 52.232-33, Payment by Electronic Funds Transfer-Central
Contractor Registration (31 U.S.C. 3332).

[X]{.underline} (25) 52.232-34, Payment by Electronic Funds
Transfer-Other than Central Contractor Registration (31 U.S.C. 3332).

\_\_ (26) 52.232-36, Payment by Third Party (31 U.S.C. 3332).

\_\_ (27) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).

## D. CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

**D.1 Attachment 1** as referenced in Section C.1.3.

**BASIC LC/FEDLINK**

**LICENSING AGREEMENT FOR**

**ELECTRONIC PUBLICATIONS**

**AND INFORMATION SERVICES**

**THIS AGREEMENT** is between
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
**"Licensee**", a customer of the Library of Congress (LC) FEDLINK
program, and
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
**"Licensor"**, a firm incorporated in the state/country of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ operating at the following
address for the purposes of this agreement:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

**IN CONSIDERATION OF** the mutual promises set forth below, Licensor
and Licenses agree as follows:

**1. Definitions**.

a\. **"Authorized site"** means Licensee's work site, and includes
remote locations.

b\. **"Authorized user"** means all full and part‑time employees of
Licensee, including those at remote locations, contractors working
within the scope of their employment for Licensee, and Licensee's
agents, students, patrons, and the following:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

c\. The **"licensed database"** means the licensed electronic
publication/information service including, if applicable, accompanying
software. The database is named:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

**2. License**. Licensor hereby grants to Licensee the right to use the
database in accordance with the terms and conditions of this Agreement.
Licensor represents and warrants that it has the right to grant this
license and that use of the database in accordance with the terms of
this agreement will not infringe the intellectual property or other
rights of any third party. The copyright and other proprietary rights in
the database remain the sole and exclusive property of the Licensor or
third‑party owner, as appropriate. The licensed database is intended and
authorized for use only at the authorized site and only by authorized
users. Licensee shall use reasonable efforts to protect the database
from being copied and from any other use that is not permitted under
this agreement. No part of this database may be duplicated in hardcopy
or machine‑readable form without prior written authorization from
Licensor, except as provided below.

a\. Redistribution and Interlibrary Loan. Licensee is granted permission
to reproduce limited portions of the database and to redistribute the
results of searches among the permitted class of users, and to perform
interlibrary loan of materials from the database in accordance with U.S.
copyright law and the Commission on New Technical Uses (CONTU)
guidelines, which shall apply to both analog and digital copying and
redistribution.

b\. Updates. Licensee will receive whatever updates to the database that
are issued during the one‑year period of this agreement and thereafter,
if the agreement is extended. Upon receipt of updated material, Licensee
shall cease use of the outdated material and promptly return it to the
Licensor or destroy it, as agreed. Licensee will not transfer superceded
databases to any other party. If Licensee fails to return or destroy
material as required, Licensee may be denied any and all future updates,
in addition to having imposed by Licensor limitations on any other
rights hereunder.

c\. Disposition of Data and Software. Within ten (10) days after the
termination of this agreement, whether by expiration of its term or
pursuant to a specific provision, Licensee shall erase the Licensor's
data and software from all tapes, disk files and computer memory and
shall destroy all copies in Licensee's possession or return them to
Licensor, except as provided below under Archival Copy.

d\. Archival Copy. Upon termination of this agreement, Licensor may
retain one copy of any CD‑ROM, diskette or other fixed media database
for archival purposes. This archival copy of the database does not
entitle the Licensee to any updates of the material.

e\. Specific Performance. In the event of a breach of either of the
preceding two provisions, Licensor shall be entitled to specific
performance of those provisions, in addition to any other rights and
remedies to which it is entitled.

f\. Additional Rights/Restrictions. In addition to the above, authorized
users may/may not:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**3. Warranties**.

a\. Online System. Licensor shall use reasonable efforts to provide
continuous availability of the online database subject to periodic
unavailability due to maintenance of the server(s), the installation or
testing of software, the loading of data and downtime related to
equipment or services outside of control of the Licensor.

b\. Fixed Media. Additionally, Licensor shall promptly replace at no
cost to the Licensee all or part of the database which is defective or
does not conform with this agreement, provided that the Licensee gives
the Licensor written notice of the nonconformity, defect, or damage
within sixty (60) days after Licensee's receipt of the copy. Without
such notice, Licensor shall make replacement at the Licensor's
replacement cost.

c\. **DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS
AGREEMENT, THE DATABASE IS PROVIDED ON AN AS IS BASIS AND LICENSOR
DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND, EXPRESSES OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.**

**4. Federal Acquisition Regulation**. All of the terms and conditions
set forth in this agreement are governed by the language of the
following Federal Acquisition Regulation (FAR) clause: FAR 52.212‑4. In
the event any language in this agreement conflicts with the FAR clause
provisions, the FAR provisions shall govern.

**5. Term**. This license shall begin on the date of the last signature
on this agreement or \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and
shall be valid until \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

**6. Termination**. Unless provided otherwise in the FAR clauses in this
agreement, In the event that either party believes the other has
materially breached any obligations under this agreement, that party
shall so notify the breaching party in writing. The breaching party
shall have sixty (60) days from receipt of this notice to cure the
alleged breach and to notify the non‑breaching party in writing that
cure has been effected. If the breach is not cured within the sixty (60)
day period, the non‑breaching party shall have the right to terminate
this agreement without further notice.

**7. Payments and Interest**. Payments and interest will be in
accordance with the terms and conditions of the LC/FEDLINK Contract and
applicable federal law.

**8. Miscellaneous.**

a\. **Entire Agreement.** This agreement contains the entire agreement
of the parties as to herein licensed use of the database and supercedes
any and all written or oral prior agreements and understandings. This
agreement may only be amended or modified by a writing signed by the
parties.

b\. **Governing Laws.** This agreement shall be governed and construed
in accordance with the Federal law of the United States. Unless
otherwise provided by law, the federal courts of the United States
located in \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ shall have
jurisdiction to hear any dispute under this agreement.

c\. **Assignment.** This agreement may not be assigned by either party
without the prior written consent of the other.

d\. **Notices.** Any notice provided in this agreement shall be sent by
personal delivery or by certified mail, postage prepaid, to the other
party at its address set forth herein or such other address as shall
have been communicated in writing to the other, and shall be effective
as of its personal delivery or mailing date, as the case may be. The
party sending such notices shall also provide a copy to the Library of
Congress Contracts Services, Contracting Officer - FEDLINK, at 101
Independence Avenue, S.E., Washington, DC 20540-9414.

+-----------------------------------+-----------------------------------+
| **IN WITNESS WHEREOF**, Licensor  |                                   |
| and Licensee have caused this     |                                   |
| Agreement to be executed by their |                                   |
| duly authorized representatives   |                                   |
| as of the date set forth below.   |                                   |
+-----------------------------------+-----------------------------------+
| Licensee:                         | Licensor:                         |
|                                   |                                   |
| \_                                | \_                                |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |
|                                   |                                   |
| (Signature)                       | (Signature)                       |
|                                   |                                   |
| \_                                | \_                                |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |
|                                   |                                   |
| (Name)                            | (Name)                            |
|                                   |                                   |
| \_                                | \_                                |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |
|                                   |                                   |
| (Title)                           | (Title)                           |
|                                   |                                   |
| \_                                | \_                                |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |
|                                   |                                   |
| (Date)                            | (Date)                            |
+-----------------------------------+-----------------------------------+

**D.2** **Attachment 2** as referenced in Section C.7.

**FEDLINK QUARTERLY SALES REPORT -- DIRECT PAY**

(Sample Format)

**Vendor\'s Name:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Contract
#\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Period of Performance:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Report prepared by: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Title:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Phone:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Email:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

<table>
<colgroup>
<col style="width: 11%" />
<col style="width: 10%" />
<col style="width: 7%" />
<col style="width: 9%" />
<col style="width: 11%" />
<col style="width: 11%" />
<col style="width: 10%" />
<col style="width: 9%" />
<col style="width: 9%" />
<col style="width: 8%" />
</colgroup>
<tbody>
<tr class="odd">
<td><strong>Agency Name</strong></td>
<td><strong>Agency POC &amp; Phone No.</strong></td>
<td><p><strong>FED</strong></p>
<p><strong>ID ( If applic-able)</strong></p></td>
<td><strong>Delivery/Purchase Order No.</strong></td>
<td><p><strong>Delivery/</strong></p>
<p><strong>Purchase order NTE Total</strong></p></td>
<td><strong>Fiscal Year Cumulative Total</strong></td>
<td><strong>1<sup>st</sup> Quarter Total</strong></td>
<td><strong><sup>2nd</sup> Quarter Total</strong></td>
<td><strong><sup>3rd</sup> Quarter Total</strong></td>
<td><strong><sup>4th</sup> Quarter Total</strong></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
</tbody>
</table>

  --------------------- --------- --------- -------- ------- ------- -------
  **TOTAL ORDERS /                                                   
  SALES:**                                                           

  **TOTAL FEES PAID:**                                               
  --------------------- --------- --------- -------- ------- ------- -------

**FEDLINK QUARTERLY SALES REPORT -- TRANSFER PAY**

(Sample Format)

**Vendor\'s Name:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Contract
#\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Period of Performance:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Report prepared by: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Title:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Phone:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Email:
\_\_\_\_\_\_\_\_\_\_\_\_\_**

<table style="width:100%;">
<colgroup>
<col style="width: 11%" />
<col style="width: 12%" />
<col style="width: 7%" />
<col style="width: 9%" />
<col style="width: 11%" />
<col style="width: 11%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
</colgroup>
<tbody>
<tr class="odd">
<td><strong>Agency Name</strong></td>
<td><strong>Agency POC &amp; Phone No.</strong></td>
<td><strong>FED ID</strong></td>
<td><strong>Delivery Order No.</strong></td>
<td><p><strong>Delivery</strong></p>
<p><strong>Order NTE Total</strong></p></td>
<td><strong>Fiscal Year Cumulative Total</strong></td>
<td><strong>1<sup>st</sup> Quarter Total</strong></td>
<td><strong><sup>2nd</sup> Quarter Total</strong></td>
<td><strong><sup>3rd</sup> Quarter Total</strong></td>
<td><strong><sup>4th</sup> Quarter Total</strong></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
</tbody>
</table>

  ------------------------ --------- --------- ------- ------ ------- -------
  **TOTAL ORDERS /                                                    
  SALES:**                                                            

                                                                      
  ------------------------ --------- --------- ------- ------ ------- -------

#### D.3. Attachment 3 - VENDOR PAST PERFORMANCE EVALUATION FORM as referenced in Section C.8.

<table>
<colgroup>
<col style="width: 36%" />
<col style="width: 2%" />
<col style="width: 0%" />
<col style="width: 5%" />
<col style="width: 7%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 9%" />
<col style="width: 7%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 1%" />
<col style="width: 13%" />
<col style="width: 9%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="15"><strong>1. CUSTOMER IDENTIFICATION.</strong></td>
</tr>
<tr class="even">
<td><strong>A. Agency Name</strong></td>
<td colspan="6"><strong>Delivery Order Number</strong></td>
<td colspan="2"><strong>C. Service Option</strong></td>
<td colspan="6"><strong>D. FEDLINK ID</strong></td>
</tr>
<tr class="odd">
<td colspan="15"><strong>2. VENDOR IDENTIFICATION.</strong></td>
</tr>
<tr class="even">
<td><strong>A. Vendor Name</strong></td>
<td colspan="6"><strong>B. CONTRACT Number</strong></td>
<td colspan="2"><strong>C. Service Category</strong></td>
<td colspan="6"><strong>D. SERVICE ID</strong></td>
</tr>
<tr class="odd">
<td><strong>3. ORDER INFORMATION</strong></td>
<td colspan="6"><strong>A. Fiscal Year</strong></td>
<td colspan="8"><strong>B. Amount</strong></td>
</tr>
<tr class="even">
<td colspan="4"><strong>4. COMPLEXITY OF PRODUCT/SERVICE</strong></td>
<td colspan="3"><strong> Routine</strong></td>
<td colspan="5"><strong> Medium</strong></td>
<td colspan="3"><strong> Complex</strong></td>
</tr>
<tr class="odd">
<td colspan="4"><strong>5. CRITICALITY OF PRODUCT/SERVICE</strong></td>
<td colspan="3"><strong> Low</strong></td>
<td colspan="5"><strong> Medium</strong></td>
<td colspan="3"><strong> High</strong></td>
</tr>
<tr class="even">
<td colspan="15"><strong>6. EVALUATION. Please provide narrative
comments for any Excellent or Unsatisfactory ratings.</strong></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>Items for Evaluation</strong></td>
<td colspan="4"><p><strong>Not Applicable</strong></p>
<p><strong>NA</strong></p></td>
<td colspan="2"><p><strong>Unsatisfactory</strong></p>
<p><strong>1</strong></p></td>
<td colspan="5"><p><strong>Marginal</strong></p>
<p><strong>2</strong></p></td>
<td><p><strong>Satisfactory</strong></p>
<p><strong>3</strong></p></td>
<td><p><strong>Excellent</strong></p>
<p><strong>4</strong></p></td>
</tr>
<tr class="even">
<td colspan="2"><strong>a. Understands customer
perspective</strong></td>
<td colspan="4"></td>
<td colspan="2"></td>
<td colspan="5"></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>b. Objectives met</strong></td>
<td colspan="4"></td>
<td colspan="2"></td>
<td colspan="5"></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"><strong>c. Adherence to schedule</strong></td>
<td colspan="4"></td>
<td colspan="2"></td>
<td colspan="5"></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>d. Responsiveness to changes</strong></td>
<td colspan="4"></td>
<td colspan="2"></td>
<td colspan="5"></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"><strong>e. Risk or problem management</strong></td>
<td colspan="4"></td>
<td colspan="2"></td>
<td colspan="5"></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>f. Innovation, initiative</strong></td>
<td colspan="4"></td>
<td colspan="2"></td>
<td colspan="5"></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"><strong>g. Quality, timeliness, accuracy</strong></td>
<td colspan="4"></td>
<td colspan="2"></td>
<td colspan="5"></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>h. Frequency of customer
interaction</strong></td>
<td colspan="4"></td>
<td colspan="2"></td>
<td colspan="5"></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"><strong>i. OVERALL RATING</strong></td>
<td colspan="4"></td>
<td colspan="2"></td>
<td colspan="5"></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="5"><strong>7. COST CONTROL. Did the vendor help control
your cost for the service? If not, please explain.</strong></td>
<td colspan="10"><strong>8. REPEAT BUSINESS. Would you select this
vendor again? If not, please explain.</strong></td>
</tr>
<tr class="even">
<td colspan="5"></td>
<td colspan="10"></td>
</tr>
<tr class="odd">
<td colspan="15"><strong>9. CUSTOMER SIGNATURE.</strong></td>
</tr>
<tr class="even">
<td colspan="3"><strong>A. Name and Title</strong></td>
<td colspan="7"><strong>B. Signature</strong></td>
<td colspan="5"><strong>C. Date</strong></td>
</tr>
<tr class="odd">
<td colspan="15"><strong>10. FEDLINK PROGRAM OFFICE
SIGNATURE.</strong></td>
</tr>
<tr class="even">
<td colspan="3"><strong>A. Name and Title</strong></td>
<td colspan="8"><strong>B. Signature</strong></td>
<td colspan="4"><strong>C. Date</strong></td>
</tr>
<tr class="odd">
<td colspan="15"><strong>11. LC CONTRACTING OFFICE
SIGNATURE.</strong></td>
</tr>
<tr class="even">
<td colspan="3"><strong>A. Name and Title</strong></td>
<td colspan="8"><strong>B. Signature</strong></td>
<td colspan="4"><strong>C. Date</strong></td>
</tr>
<tr class="odd">
<td colspan="3"><strong>12. SENT TO VENDOR BY LC.</strong></td>
<td colspan="8"><strong>A. Initials</strong></td>
<td colspan="4"><strong>B. Date</strong></td>
</tr>
</tbody>
</table>

#### 

###### \*\* See instructions on following page (D.3.1) \*\* 

**D.3.1. Instructions for completing the Past Performance Evaluation
Form:**

**GENERAL INFORMATION:** This form provides criteria for evaluation of
completed Delivery orders. It also serves primarily as a record of
Vendor performance and deliverables. The information provided will be
made available to FEDLINK customers and any appropriate Government
oversight. Room is provided for narratives, and provides documentation
of the date a completed evaluation form is provided to the Vendor. The
reference to delivery orders represents delivery orders, purchase orders
and blanket purchase agreements.

**1. CUSTOMER IDENTIFICATION:** Enter agency name; delivery order
number; service option (direct or transfer); and FEDLINK ID (4-letter
ID).

**2. VENDOR IDENTIFICATION:** Enter the Vendor name; Contract number;
service category (books, serials, info retrieval); and service ID
(2-letter vendor ID).

**3. ORDER INFORMATION:** Enter the fiscal year and cumulative amount of
NTE funds for each Vendor.

**4. COMPLEXITY OF PRODUCT/SERVICE:** Select the box identifying the
complexity of the requirements, (routine, medium, complex).

**5. CRITICALITY OF PRODUCT/SERVICE:** Select the box identifying the
critical nature of the requirement, (low, medium, high).

**6. EVALUATION:** Fill in the number in each box associated with
evaluation for each item and provide totals.

**7. COST CONTROL:** Identify whether the Vendor helped you control your
costs.

**8. REPEAT BUSINESS:** Identify if you would choose to use this vendor
again.

**9. CUSTOMER SIGNATURE:** Provide the name, title, and signature of the
individual completing this form and the date.

**10. FEDLINK PROGRAM OFFICE SIGNATURE:** Evaluation will be reviewed by
the program office, signed and dated.

**11. LC CONTRACTING OFFICER SIGNATURE:** Evaluation will be reviewed by
the LC Contracting Officer, signed and dated.

**12. SENT TO VENDOR BY LC:** Evaluation form will be forwarded to the
Vendor for comment and date sent will be noted.

**D.4. Attachment 4** as referenced in Section E.3. - **PAST PERFORMANCE
EVALUATION REPORT**

> **BY DUN & BRADSTREET c/o OPEN RATINGS, INC.**
>
> To order the report, complete and submit the required forms online at
> the following website:
> [www.openratings.com](http://www.openratings.com/)

For any questions, please call Open Ratings, Inc. at (727) 329-1184 or
send email to: and ask for information about the Past Performance
Evaluation report.

> You will need to provide the following information:

##### **SECTION ONE ABOUT YOUR COMPANY**

> Please prepare and distribute a Past Performance Evaluation Report on
> my company, as listed below:
>
> Company Name:
>
> Address:
>
> City/State/Zip:
>
> Phone Number:
>
> FAX Number:
>
> DUNS Number \*[:]{.underline}
>
> Point of Contact (POC):
>
> POC Title:
>
> POC email:
>
> \*If you do not know your company's DUNS number, call (800) 333-0505
> or look it up online at:
> [http://www.dnb.com](http://www.dnb.com/dunsno/dunsno.htm).

##### **SECTION TWO THE RECEIPIENT OF THE INFORMATION**

> One copy of the Past Performance Evaluation Report will be forwarded
> to the Point of Contact listed above for the company and one copy will
> be forwarded to the following:
>
> The Library of Congress\
> Contracts Division, FEDLINK Contracts section\
> 101 Independence Avenue, SE, 3^rd^ Floor, room LA-318\
> Washington, DC 20540-9414\
> ATTN: Joan Fitts, Contracting Officer, Past Performance Report for
> RFP#S-LC03013
>
> NOTE: Additional copies may be sent to additional recipients for a fee
> as stated on the website.
>
> **PAST PERFORMANCE EVALUATION REPORT**\
> Please provide 20 of Your Customers to be Surveyed that You have Done
> Business with in the Past Year
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}
>
> Customer Name:[\
> ]{.underline}Name of Contract:[\
> ]{.underline}City/State: Phone:[\
> ]{.underline}DUNS Number[:]{.underline} e-mail:[\
> ]{.underline}

## E. SOLICITATION PROVISIONS AND ADDENDUM

**E.1 EVALUATION--COMMERCIAL ITEMS (FAR 52.212-2) (JAN 1999)**

\(a\) The Government will award a contract resulting from this
solicitation to the responsible offeror whose offer conforming to the
solicitation will be most advantageous to the Government, price and
other factors considered. The following factors shall be used to
evaluate offers:

\(i\) technical capability of the item offered to meet the Government
requirement;

\(ii\) past performance; see FAR 15.304 and E.3. below

\(iii\) price

\(b\) A written notice of award or acceptance of an offer, mailed or
otherwise furnished to the successful offeror within the time for
acceptance specified in the offer, shall result in a binding contract
without further action by either party. Before the offer\'s specified
expiration time, the Government may accept an offer (or part of an
offer), whether or not there are negotiations after its receipt, unless
a written notice of withdrawal is received before award.

**E.2 COMPLIANCE WITH SECTION 508**

Under Section 508 (29 U.S.C.§794d), federal agencies must give disabled
employees and members of the public access to technology that is
comparable to the access available to others. The law applies to all
federal agencies when they develop, procure, maintain, or use electronic
and information technology. Inaccessible technology interferes with an
individual\'s ability to obtain and use information quickly and easily.
Section 508 was enacted to eliminate barriers in information technology,
to make available new opportunities for people with disabilities, and to
encourage development of technologies that will help achieve these
goals. Vendors are responsible for providing federal customers with all
necessary information as reasonably requested regarding product
compliance with Section 508 requirements.

**E.3 PAST PERFORMANCE**

As stated in section C.6, a contract will **not** be awarded unless
anticipated sales are expected to exceed at least \$25,000 for a 1-year
period. This solicitation is for commercial items as defined in FAR
2.101, specifically commercial items/services successfully established
in the industry. Offerors must provide past performance information
which demonstrates successful sales which exceed \$25,000 annually over
the last 2 years. Government sales information is preferred, but
commercial sales information is acceptable if there were no prior
government sales.

In order to assist the Government in assessing an Offeror\'s past
performance, each company responding to this solicitation will be
required to have Dun & Bradstreet (D&B) c/o Open Ratings complete a Past
Performance Evaluation Report on that firm. The request must be made
prior to the submission of a proposal. Each Offeror must submit, with
its proposal, a completed copy of the past performance evaluation form
sent, by the Offeror, to Open Ratings. Any charges associated with the
Past Performance Evaluation Report will be paid by the Offeror. See D.4
PAST PERFORMANCE EVALUATION REPORT BY OPEN RATINGS.

### E.4 OFFEROR REPRESENTATIONS AND CERTIFICATIONS\-\--COMMERCIAL ITEMS (FAR 52.212-3) (APR 2002)

\(a\) Definitions. As used in this provision:

\"Emerging small business\" means a small business concern whose size is
no greater than 50 percent of the numerical size standard for the NAICS
code designated.

\"Forced or indentured child labor\" means all work or service‑

> \(1\) Exacted from any person under the age of 18 under the menace of
> any penalty for its nonperformance and for which the worker does not
> offer himself voluntarily; or
>
> \(2\) Performed by any person under the age of 18 pursuant to a
> contract the enforcement of which can be accomplished by process or
> penalties.

\"Service‑disabled veteran‑owned small business concern\"‑

> \(1\) Means a small business concern‑
>
> \(i\) Not less than 51 percent of which is owned by one or more
> service‑disabled veterans or, in the case of any publicly owned
> business, not less than 51 percent of the stock of which is owned by
> one or more service‑disabled veterans; and
>
> \(ii\) The management and daily business operations of which are
> controlled by one or more service‑disabled veterans or, in the case of
> a veteran with permanent and severe disability, the spouse or
> permanent caregiver of such veteran.
>
> \(2\) Service‑disabled veteran means a veteran, as defined in 38
> U.S.C. 101(2), with a disability that is service‑connected, as defined
> in 38 U.S.C. 101(16).

\"Small business concern\" 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

size standards in this solicitation.

\"Veteran‑owned small business concern\" means a small business concern‑

> \(1\) Not less than 51 percent of which is owned by one or more
> veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any
> publicly owned business, not less than 51 percent of the stock of
> which is owned by one or more veterans; and
>
> \(2\) The management and daily business operations of which are
> controlled by one or more veterans.

\"Women‑owned business concern\" 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 its stock is owned by one or more
women; and whose management and daily business operations are controlled
by one or more women.

\"Women‑owned small business concern\" means a small business concern‑

> \(1\) That 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.

\(b\) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C.
7701). (Not applicable if the offeror is required to provide this
information to a central contractor registration database to be eligible
for award.)

> \(1\) All offerors must submit the information required in paragraphs
> (b)(3) through (b)(5) of this provision to comply with debt collection
> requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements
> of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations
> issued by the Internal Revenue Service (IRS).
>
> \(2\) The TIN may be used by the Government to collect and report on
> any delinquent amounts arising out of the offeror\'s relationship with
> the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is
> subject to the payment reporting requirements described in FAR 4.904,
> the TIN provided hereunder may be matched with IRS records to verify
> the accuracy of the offeror\'s TIN.
>
> \(3\) 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 United States and does not have
> an office or place of business or a fiscal paying agent in the United
> States;

\[\] Offeror is an agency or instrumentality of a foreign government;

\[\] Offeror is an agency or instrumentality of the Federal Government.

\(4\) Type of organization.

\[\] Sole proprietorship;

\[\] Partnership;

\[\] Corporate entity (not tax‑exempt);

\[\] Corporate entity (tax‑exempt);

> \[\] Government entity (Federal, State, or local);
>
> \[\] Foreign government;
>
> \[\] International organization per 26 CFR 1.6049‑4;
>
> \[\] Other \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
>
> \(5\) Common parent.
>
> \[\] Offeror is not owned or controlled by a common parent;
>
> \[\] Name and TIN of common parent:
>
> Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
>
> TIN \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(c\) Offerors must complete the following representations when the
resulting contract is to be performed inside the United States, its
territories or possessions, Puerto Rico, the Trust Territory of the
Pacific Islands, or the District of Columbia. Check all that apply.

> \(1\) Small business concern. The offeror represents as part of its
> offer that it \[\] is, \[\] is not a small business concern.
>
> \(2\) Veteran‑owned small business concern. \[Complete only if the
> offeror represented itself as a small business concern in paragraph
> (c)(1) of this provision.\] The offeror represents as part of its
> offer that it \[\] is, \[\] is not a veteran‑owned small business
> concern.
>
> \(3\) Service‑disabled veteran‑owned small business concern.
> \[Complete only if the offeror represented itself as a veteran‑owned
> small business concern in paragraph (c)(2) of this provision.\] The
> offeror represents as part of its offer that it \[\] is, \[\] is not a
> service‑disabled veteran‑owned small business concern.
>
> \(4\) Small disadvantaged business concern. \[Complete only if the
> offeror represented itself as a small business concern in paragraph
> (c)(1) of this provision.\] The offeror represents, for general
> statistical purposes, that it \[\] is, \[\] is not a small
> disadvantaged business concern as defined in 13 CFR 124.1002.
>
> \(5\) Women‑owned small business concern. \[Complete only if the
> offeror represented itself as a small business concern in paragraph
> (c)(1) of this provision.\] The offeror represents that it \[\] is,
> \[\] is not a women‑owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is
expected to exceed the simplified acquisition threshold.

> \(6\) Women‑owned business concern (other than small business
> concern). \[Complete only if the offeror is a women‑owned business
> concern and did not represent itself as a small business concern in
> paragraph (c)(1) of this provision.\] The offeror represents that it
> \[\] is a women‑owned business concern.
>
> \(7\) Tie bid priority for labor surplus area concerns. If this is an
> invitation for bid, small business offerors may identify the labor
> surplus areas in which costs to be incurred on account of
> manufacturing or production (by offeror or first‑tier subcontractors)
> amount to more than 50 percent of the contract price:
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \(8\) Small Business Size for the Small Business Competitiveness
> Demonstration Program and for the Targeted Industry Categories under
> the Small Business Competitiveness Demonstration Program. \[Complete
> only if the offeror has represented itself to be a small business
> concern under the size standards for this solicitation.\]
>
> \(i\) \[Complete only for solicitations indicated in an addendum as
> being set‑aside for emerging small businesses in one of the four
> designated industry groups (DIGs).\] The offeror represents as part of
> its offer that it \[\] is, \[\] is not an emerging small business.
>
> \(ii\) \[Complete only for solicitations indicated in an addendum as
> being for one of the targeted industry categories (TICs) or four
> designated industry groups (DIGs).\] Offeror represents as follows:
>
> \(A\) Offeror\'s number of employees for the past 12 months (check the
> Employees column if size standard stated in the solicitation is
> expressed in terms of number of employees); or
>
> \(B\) Offeror\'s average annual gross revenue for the last 3 fiscal
> years (check the Average Annual Gross Number of Revenues column if
> size standard stated in the solicitation is expressed in terms of
> annual receipts).
>
> (Check one of the following):
>
> Number of Employees Average Annual Gross Revenues
>
> \_\_ 50 or fewer \_\_ \$1 million or less
>
> \_\_ 51‑100 \_\_ \$1,000,001‑\$2 million
>
> \_\_ 101‑250 \_\_ \$2,000,001‑\$3.5 million
>
> \_\_ 251‑500 \_\_ \$3,500,001‑\$5 million
>
> \_\_ 501‑750 \_\_ \$5,000,001‑\$10 million
>
> \_\_ 751‑1,000 \_\_ \$10,000,001‑\$17 million
>
> \_\_ Over 1,000 \_\_ Over \$17 million
>
> \(9\) \[Complete only if the solicitation contains the clause at FAR
> 52.219‑23, Notice of Price Evaluation Adjustment for Small
> Disadvantaged Business Concerns, or FAR 52.219‑25, Small Disadvantaged
> Business Participation Program‑Disadvantaged Status and Reporting, and
> the offeror desires a benefit based on its disadvantaged status.\]
>
> \(i\) General. The offeror represents that either‑
>
> \(A\) It \[\] is, \[\] is not certified by the Small Business
> Administration as a small disadvantaged business concern and
> identified, on the date of this representation, as a certified small
> disadvantaged business concern in the database maintained by the Small
> Business Administration (PRO‑Net), and that no material change in
> disadvantaged ownership and control has occurred since its
> certification, and, where the concern is owned by one or more
> individuals claiming disadvantaged status, the net worth of each
> individual upon whom the certification is based does not exceed
> \$750,000 after taking into account the applicable exclusions set
> forth at 13 CFR 124.104(c)(2); or
>
> \(B\) It \[\] has, \[\] has not submitted a completed application to
> the Small Business Administration or a Private Certifier to be
> certified as a small disadvantaged business concern in accordance with
> 13 CFR 124, Subpart B, and a decision on that application is pending,
> and that no material change in disadvantaged ownership and control has
> occurred since its application was submitted.
>
> \(ii\) \[\] Joint Ventures under the Price Evaluation Adjustment for
> Small Disadvantaged Business Concerns. The offeror represents, as part
> of its offer, that it is a joint venture that complies with the
> requirements in 13 CFR 124.1002(f) and that the representation in
> paragraph (c)(9)(i) of this provision is accurate for the small
> disadvantaged business concern that is participating in the joint
> venture. \[The offeror shall enter the name of the small disadvantaged
> business concern that is participating in the joint
> venture:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\]
>
> \(10\) HUBZone small business concern. \[Complete only if the offeror
> represented itself as a small business concern in paragraph (c)(1) of
> this provision.\] The offeror represents, as part of its offer, that‑
>
> \(i\) It \[\] is, \[\] is not a HUBZone small business concern listed,
> on the date of this representation, on the List of Qualified HUBZone
> Small Business Concerns maintained by the Small Business
> Administration, and no material change in ownership and control,
> principal place of ownership, or HUBZone employee percentage has
> occurred since it was certified by the Small Business Administration
> in accordance with 13 CFR part 126; and
>
> \(ii\) It \[\] is, \[\] is not a joint venture that complies with the
> requirements of 13 CFR part 126, and the representation in paragraph
> (c)(10)(i) of this provision is accurate for the HUBZone small
> business concern or concerns that are participating on the joint
> venture. \[The offeror shall enter the name or names of the HUBZone
> small business concern or concerns that are participating in the joint
> venture: \_\_\_\_\_\_\_\_\_\_.\] Each HUBZone small business concern
> participating in the joint venture shall submit a separate signed copy
> of the HUBZone representation.

\(d\) Representations required to implement provisions of Executive
Order 11246‑

> \(1\) Previous contracts and compliance. The offeror represents that‑
>
> \(i\) It \[\] has, \[\] has not participated in a previous contract or
> subcontract subject to the Equal Opportunity clause of this
> solicitation; and
>
> \(ii\) It \[\] has, \[\] has not filed all required compliance
> reports.
>
> \(2\) Affirmative Action Compliance. The offeror represents that‑
>
> \(i\) It \[\] has developed and has on file, \[\] has not developed
> and does not have on file, at each establishment, affirmative action
> programs required by rules and regulations of the Secretary of Labor
> (41 CFR parts 60‑1 and 60‑2), or
>
> \(ii\) It \[\] has not previously had contracts subject to the written
> affirmative action programs requirement of the rules and regulations
> of the Secretary of Labor.

\(e\) Certification Regarding Payments to Influence Federal Transactions
(31 U.S.C.1352). (Applies only if the contract is expected to exceed
\$100,000.) By submission of its offer, the offeror certifies to the
best of its knowledge and belief that 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 award of any resultant
contract.

\(f\) Buy American Act‑Balance of Payments Program Certificate. (Applies
only if the clause at Federal Acquisition Regulation (FAR) 52.225‑1, Buy
American Act‑Balance of Payments Program‑Supplies, is included in this
solicitation.)

> \(1\) The offeror certifies that each end product, except those listed
> in paragraph (f)(2) of this provision, is a domestic end product as
> defined in the clause of this solicitation entitled \"Buy American
> Act‑Balance of Payments Program‑Supplies\" and that the offeror has
> considered components of unknown origin to have been mined, produced,
> or manufactured outside the United States. The offeror shall list as
> foreign end products those end products manufactured in the United
> States that do not qualify as domestic end products.
>
> \(2\) Foreign End Products:
>
> Line Item No. Country of Origin

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[List as necessary\]

> \(3\) The Government will evaluate offers in accordance with the
> policies and procedures of FAR Part 25.

(g)(1) Buy American Act‑North American Free Trade Agreement‑Israeli
Trade Act‑Balance of Payments Program Certificate. (Applies only if the
clause at FAR 52.225‑3, Buy American Act‑North American Free Trade
Agreement‑Israeli Trade Act‑Balance of Payments Program, is included in
this solicitation.)

> \(i\) The offeror certifies that each end product, except those listed
> in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a
> domestic end product as defined in the clause of this solicitation
> entitled \"Buy American Act‑North American Free Trade
> Agreement‑Israeli Trade Act‑Balance of Payments Program\" and that the
> offeror has considered components of unknown origin to have been
> mined, produced, or manufactured outside the United States.
>
> \(ii\) The offeror certifies that the following supplies are NAFTA
> country end products or Israeli end products as defined in the clause
> of this solicitation entitled \"Buy American Act‑North American Free
> Trade Agreement‑Israeli Trade Act‑Balance of Payments Program\":
>
> NAFTA Country or Israeli End Products:
>
> Line Item No. Country of Origin

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[List as necessary\]

> \(iii\) The offeror shall list those supplies that are foreign end
> products (other than those listed in paragraph (g)(1)(ii) of this
> provision) as defined in the clause of this solicitation entitled
> \"Buy American Act‑North American Free Trade Agreement‑Israeli Trade
> Act‑Balance of Payments Program.\" The offeror shall list as other
> foreign end products those end products manufactured in the United
> States that do not qualify as domestic end products.
>
> Other Foreign End Products:
>
> Line Item No. Country of Origin

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[List as necessary\]

> \(iv\) The Government will evaluate offers in accordance with the
> policies and procedures of FAR Part 25.

\(h\) Certification Regarding Debarment, Suspension or Ineligibility for
Award (Executive Order 12549). (Applies only if the contract value is
expected to exceed the simplified acquisition threshold.) The offeror
certifies, to the best of its knowledge and belief, that the offeror
and/or any of its principals‑

> \(1\) \[\] Are, \[\] are not presently debarred, suspended, proposed
> for debarment, or declared ineligible for the award of contracts by
> any Federal agency; and
>
> \(2\) \[\] 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 Federal, state or
> local government 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
>
> \(3\) \[\] Are, \[\] are not presently indicted for, or otherwise
> criminally or civilly charged by a Government entity with, commission
> of any of these offenses.

\(i\) Certification Regarding Knowledge of Child Labor for Listed End
Products (Executive Order 13126). \[The Contracting Officer must list in
paragraph (i)(1) any end products being acquired under this solicitation
that are included in the List of Products Requiring Contractor
Certification as to Forced or Indentured Child Labor, unless excluded at
22.1503(b).\]

\(1\) Listed end products.

Listed End Product Listed Countries of Origin

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(2\) Certification. \[If the Contracting Officer has identified end
products and countries of origin in paragraph (i)(1) of this provision,
then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by
checking the appropriate block.\]

> \[ \] (i) The offeror will not supply any end product listed in
> paragraph (i)(1) of this provision that was mined, produced, or
> manufactured in the corresponding country as listed for that product.
>
> \[ \] (ii) The offeror may supply an end product listed in paragraph
> (i)(1) of this provision that was mined, produced, or manufactured in
> the corresponding country as listed for that product. The offeror
> certifies that it has made a good faith effort to determine whether
> forced or indentured child labor was used to mine, produce, or
> manufacture any such end product furnished under this contract. On the
> basis of those efforts, the offeror certifies that it is not aware of
> any such use of child labor.

## F. CONTRACT ADMINISTRATION

**F.1 FEDLINK PROGRAM CONTRACT ADMINISTRATION**

**F.1.1. FEDLINK Contracts**

The contractual vehicles issued as a result of this solicitation shall
be Indefinite Delivery Indefinite Quantity (IDIQ) firm-fixed unit price
contracts pursuant to FAR 16.5. These shall be multi-agency contracts
established in accordance with the Library of Congress (LC) Fiscal
Operations Improvement Act, P.L. 106-481, Section 103 (2 U.S.C. §§
182c.) Any federal entity as listed in section C.1.1. may be authorized
to place orders under this contract in accordance with the terms and
procedures described herein. LC/FEDLINK reserves the right to establish
a Basic Ordering Agreement (BOA) in lieu of an IDIQ contract if the LC
Contracting Officer determines it to be in the best interest of the
government. If a BOA is established, ordering procedures will change
accordingly, see FAR 16.703.

# 

**F.1.2. Contract Modifications.**

**F.1.2 (a) Constant Pricing and Discount.** The vendor shall maintain
constant pricing and discount schedules under this contract for the
period from date of award through September 30 of each fiscal year.

**F.1.2 (b) Addition of Services and/or Changes to Contract.** For the
life of the contract, the vendor shall offer no services other than
those specified herein unless specific application is made to LC/
Contracts Services to modify this contract to incorporate additional
services and/or changes. Any new services or changes which are approved
by the LC Contracting Officer shall be officially added to the contract
by modification. Requests for approval to modify the contract shall be
sent via, fax, email, or handcarried to:

The Library of Congress

Contracts Division, FEDLINK Contracts section

ATTN: Charles Wilson, Contract Specialist

John Adams Bldg., Room LA-318

101 Independence Avenue, SE

Washington, DC 20540-9414

Fax #: 202-707-0485

Email: chwi@loc.gov

> **Overnight express mail (FedEx, UPS, USPS, DHL, etc) should be
> addressed as follows:**
>
> The Library of Congress, Contracts 20540-9414
>
> 9140 East Hampton Drive
>
> Capital Heights, MD 20743

**ATTN: Charles Wilson, FEDLINK Contracts, LA-318, Proposal to
RFP#S-LC03013 Enclosed.**

**F.1.3. Correspondence with FEDLINK Customers.** Vendor correspondence,
announcements, notification of offering, etc. that reference services
offered through the LC/FEDLINK Program must be submitted to LC/FEDLINK
for approval. Submit correspondence, prior to release, for approval via
email, fax to:

The Library of Congress

FEDLINK Fiscal Operations

ATTN: James Oliver, Vendor Services Coordinator

John Adams Bldg., Room LA-224

101 Independence Ave., SE

Washington, D.C. 20540-4935

Fax #: 202-707-4999

> Email: joli@loc.gov

**Overnight express mail (FedEx, UPS, USPS, DHL, etc) should be
addressed as follows:**

The Library of Congress, FLICC/FEDLINK 20540-4935

9140 East Hampton Drive

Capital Heights, MD 20743

ATTN: James Oliver, FEDLINK Fiscal Operations, Room LA-224

**F.2. CUSTOMER USE OF FEDLINK CONTRACTS.**

The FEDLINK program provides both contracting and accounting support to
federal agencies and organizations authorized to use federal sources of
supply.

**F.2.1. Ordering Procedures.** Customers shall review all products and
services offered and shall determine which products and services best
meets the customer agency's requirements for each order in accordance
with FAR 16.505. All contract awardees will be provided fair opportunity
for consideration for each order exceeding \$2,500. Customers shall
evaluate offerings based upon the criteria established in Section E.1,
E.2, and E.3 of this document.

**F.2.2. FEDLINK Service Options.** LC/FEDLINK offers customers two
service options for participating in the FEDLINK program:

**F.2.2 (a) Direct-Pay.** Under the direct pay option, customers send
their agency generated purchase order directly to the vendor. An
interagency agreement between the customer and LC is not required and
the customer does not pay the FEDLINK administrative fee. The vendor
provides service, invoices the customer directly against the agency
purchase order, and the vendor pays the FEDLINK administrative fee.
Direct-pay processes are described in detail in section F.3.

**F.2.2 (b) Transfer-Pay.** Under the transfer pay option, a customer
transfers both FEDLINK administrative fees and estimated annual service
dollars to LC via a signed interagency agreement or other LC-approved
customer agency document authorizing the transfer of funds to LC. On
behalf of the customer, LC/Contracts issues a delivery order to the
vendor in the amount specified on the interagency agreement or funds
transfer document. After receiving the delivery order, the vendor
provides service to the customer and submits the customer\'s invoices to
FEDLINK. FEDLINK reviews the invoices, rejects improper ones, and pays
acceptable ones from the customer\'s account. FEDLINK sends the customer
copies of rejected invoices, copies of all paid invoices, and a regular
account statement. The customer reviews the invoices and reports any
irregularities to FEDLINK, who resolves them with the vendor. Transfer
pay processes are described in detail in section F.4.

**F.3. DIRECT-PAY PROCEDURES AND REQUIREMENTS**

**F.3.1. Initiating Direct-Pay Service.**

**F.3.1 (a) Delivery order/purchase order from Customer.** Customers may
send delivery orders or purchase orders directly to the Vendor. The
order shall reference the LC/FEDLINK Contract number, the specific
services/products to be acquired, and the order funding level.

**F.3.1 (b) Beginning Service.** The Vendor shall not begin, renew, or
convert to the LC/FEDLINK Contract any service for any FEDLINK customer
until a purchase order for that FEDLINK customer for that service for
the current fiscal year has been received. The Vendor shall contact the
customer to begin service immediately upon receiving and accepting the
customer\'s purchase order. Subsequently, the Vendor shall invoice the
customer directly against the purchase order received.

**F.3.1 (c) Customer Identification.** After receiving the customer
order, all vendor correspondence with FEDLINK regarding the FEDLINK
customer shall identify the customer by the agency office to which
service is provided, the agency delivery/purchase order number, Point of
Contact, phone number, sand the FEDLINK ID (if available).

**F.3.2. Vendor Report of Direct-Pay Sales**.

**F.3.2 (a)** The Vendor shall report the quarterly dollar value (in
U.S. dollars and rounded to the nearest whole dollar) of all Direct-Pay
sales under this contract by government fiscal year quarters (i.e.,
October-December, January-March, April-June, July-September), as
specified in section C.6. The dollar value of a sale is the price paid
by the FEDLINK customer for products and services on a FEDLINK contract
Direct-Pay delivery/purchase order, as recorded by the Vendor. The
reported contract sales value must include the FEDLINK funding fee as
referenced in section F.3.3.

**F.3.2 (b)** The Vendor shall report the quarterly dollar value of
sales on the FEDLINK quarterly report as provided in the contract, to
the contracting officer via email. If no sales occur, the Vendor must
show zero on the report for each quarter. The report is due **45 days**
following the completion of the reporting period. The Vendor must also
provide a close-out report within 60 days after the expiration of the
contract. The contract expires upon physical completion of the last,
outstanding purchase order of the contract. The close-out report must
cover all sales not shown in the final quarterly report and reconcile
all errors and credits. If the Vendor reported all contract sales and
reconciled all errors and credits on the final quarterly report, then
show zero sales in the close-out report.

**F.3.3. FEDLINK Direct-Pay Funding Fee**

**F.3.3 (a)** The Vendor shall pay LC/FEDLINK a program funding fee for
all Direct-Pay customers. The FEDLINK funding fee reimburses the Library
of Congress FEDLINK program for the costs of operating the direct-pay
program and recoups the program's operating costs from ordering
activities. Vendors may include the fee in the contract prices offered.
The fee is included in the contract award price(s) and reflected in the
total amount charged to ordering activities. Vendors must remit the fee
in U.S. dollars within 45 days after the end of each quarterly reporting
period as established herein, see Vendor Report of Direct-Pay Sales
(F.3.2). The fee equals .75% ( 3/4 percent) of total quarterly
Direct-Pay sales reported

> **NOTE:** The Vendor is not required to pay the fee for any
> Transfer-Pay customers. The ordering activities or FEDLINK customers
> pay the program administrative fee when transferring funds into an
> LC/FEDLINK account. Delivery orders issued by LC/FEDLINK on behalf of
> transfer-pay customers are not subject to the fee.

**F.3.3 (b)** The Vendor shall pay the fee amount due by electronic
funds transfer through the Automated Clearing House (ACH), to
LC/FEDLINK. If the payment involves multiple FEDLINK customers, the
Vendor may consolidate the fees into one payment. To ensure that the
payment is credited properly, the Vendor must identify the electronic
transmission as a \"FEDLINK Funding Fee\" and include the following
information: contract number(s), report amount(s), and report period(s).
The Vendor must contact the FEDLINK Vendor Services Coordinator as
listed in section F.4.3.(b) to make arrangements for payment by
electronic funds transfer.

**F.3.3 (c)** If the full amount of the fee is not paid within 45
calendar days after the end of the applicable reporting period, it
constitutes a contract debt to the United States Government under the
terms of FAR 32.6. The Government may exercise all rights under the Debt
Collection Act of 1982, including withholding or setting off payments
and interest on the debt (see FAR 52.232-17, Interest).

**F.3.3 (d)** The Vendor shall remit any monies due as a result of the
close-out report required at the time the close-out report is submitted.

**F.3.3 (e)** If the Vendor fails to submit sales reports, falsifies
sales reports, or fails to pay the FEDLINK Funding Fee in a timely
manner, the Government may terminate or cancel this contract and all
orders issued hereunder. Willful failure or refusal to furnish the
required reports, falsification of sales reports, or failure to pay the
fee in a timely manner constitutes sufficient cause for terminating the
Vendor for cause under the termination provisions of the contract.

**F.3.4. Invoice Payment for Direct-Pay Customers.** The vendor shall
invoice customers directly against their agency delivery/purchase orders
as specified on the agency order. LC/FEDLINK shall not process invoices
for Direct-Pay customers.

**F.4. TRANSFER-PAY PROCEDURES AND REQUIREMENTS**

**F.4.1. Registration.** Customers indicate their intent to use
LC/FEDLINK contracts by completing the online registration form on the
FEDLINK website at [www.loc.gov/flicc](http://www.loc.gov/flicc) ,
indicate how they intend to transfer service dollars to LC, and
establish the funding level for their services by submitting an annual
FEDLINK registration form. Prospective customers may register any time
during the fiscal year until a cutoff date specified by FEDLINK.

**F.4.2. Customer Agency Purchase Agreements.** Customer agencies
initiate purchase agreements with LC for services through the
registration process. The purchase agreement with LC may be in the form
of a purchase order, interagency agreement, MIPR, or any agency document
authorizing the transfer of funds to the Library. To constitute valid
agreements all such documents must be signed/accepted both by the agency
and by LC/FEDLINK. After LC signs and returns the purchase agreement, LC
Financial Services Directorate (LC/FSD) invoices the agency for the
funds obligated to LC. The customer may also elect to use an alternative
customer agency document to transfer or obligate funds to LC.
LC/Contracts issues delivery orders to the vendors listed in the amounts
specified on the purchase agreement or alternative customer agency
authorizing document. Upon receipt of the delivery order the vendor may
initiate service for the customer. Customers may request amendments to
their purchase agreements orders during the year (until a cutoff date
specified by FEDLINK), and thus may add or delete services and/or change
funding levels. LC/Contracts issues delivery order modifications
accordingly.

**F.4.3. Initiating Transfer Pay Service.**

**F.4.3 (a) FEDLINK Delivery Order.** LC/Contracts issues a delivery
order to the vendor for each FEDLINK customer using the vendor\'s
service in the transfer pay mode under the LC/FEDLINK contract.
LC/Contracts may also issue delivery order modifications that reflect
amendments to customers\' purchase agreements - to change services or
adjust funding levels, for example. Upon receipt of the official LC
delivery order, the vendor may begin service for the customer under the
terms of the current Contract. The vendor shall not begin, renew,
cancel, or convert to the LC/FEDLINK Contract any service for any
FEDLINK customer until a delivery order for that customer for that
service for the current fiscal year has been received. The vendor shall
not provide services to the customer 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 is not 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 of each fiscal year unless specifically stated otherwise on
the delivery order.

**F.4.3 (b) Order Acceptance and Notification.** The vendor shall inform
FEDLINK Fiscal Operations (FFO) in writing of any account identification
or user identification the vendor has assigned to the customer within a
reasonable time from receipt of delivery orders from LC/Contracts
Services. This notification confirms the Vendor's acceptance of the
order under this IDIQ contract. Upon receiving the order, the vendor
shall contact the customer immediately to begin service. If the vendor
questions an order, the questions shall be noted on the delivery order
and the delivery order returned to LC/Contracts Services within ten (10)
days. Send customer identification via fax or email to the following
address:

The Library of Congress

FEDLINK Fiscal Operations

ATTN: James Oliver, Vendor Services Coordinator

John Adams Bldg., Room LA-224

101 Independence Ave., SE

Washington, D.C. 20540-4935

Fax #: 202-707-4999

Email: joli@loc.gov

**F.4.3 (c) Customer Identification.** FEDLINK assigns a unique
four-character FEDLINK ID to each customer. After receiving the delivery
order, **all** vendor correspondence and oral communications with
FEDLINK regarding customers shall identify the customer by the FEDLINK
ID and delivery order number for the customer as indicated on the
delivery order . The vendor may also assign its own account numbers,
user IDs or other identifiers to customers, but may not use these
identifications instead of the FEDLINK ID.

**F.4.4. FEDLINK Invoice Instructions.** FEDLINK\'s transfer pay
accounting service is intended to help FEDLINK customers manage the
Government funds entrusted to them legally, efficiently, and
effectively. FEDLINK simplifies processing and achieves economies of
scale for both customers and vendors. However, with centralized, third
party processing there can be delay in reporting to the customer.
Therefore, it is important that the vendor cooperate with FFO to ensure
that invoices, usage reports, credits, and refunds are submitted
promptly, are complete and accurate.

An invoice is the vendor\'s bill or written request for payment under
the delivery order for supplies delivered or services performed. The
vendor shall prepare invoices and submit them to FFO for review and
processing. FFO will forward approved invoices to LC/FSD for payment.
All proper invoices (except summary invoices) and all detailed usage
reports shall include the information specified below and be formatted
as specified below. Invoices that do not meet these specifications are
defective. FFO will reject them and return them to the vendor without
payment. Invoices for products/services that exceed the funding level
authorized on the delivery order will be rejected for insufficient funds
and returned to the vendor without payment. FEDLINK will not make
partial payments to accommodate customer funding levels. Rejected
invoices will be accompanied by a form indicating the reason for
rejection. The vendor shall promptly resubmit the invoice when the
condition(s) causing the rejection have been corrected.

**F.4.5. Invoice Information.** The vendor shall supply the following
information on all invoices:

**F.4.5 (a) Invoice Data Elements.**

\(1\) Vendor identification:

• Two-character FEDLINK Service ID assigned to the vendor.

• Name and address of the vendor.

• Vendor official to whom payment is issued.

• Contact information for person to be notified in event of defective
invoice.

\(2\) Customer identification:

• FEDLINK ID

• Name and address of agency using service

\(3\) Order information:

• **Delivery order / modification number.**

• Order date or period of performance in mm/dd/yyyy format.

• Invoice number.

• Invoice date in mm/dd/yyyy format.

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

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

• Discount applicable to individual FEDLINK customers, either by line
item or against the invoice total, as appropriate.

• Any prompt payment discount.

• Any other information or documentation required by other specific
requirements elsewhere in the Contract (such as evidence of shipment)

**F.4.5 (b) Invoice Number.** Individual invoices shall have unique
numbers. Any invoice (including credit invoices) with a number which
duplicates another invoice\'s number is defective and will be rejected.

**F.4.5 (c) Fiscal Year of the Invoice.** An invoice reflects individual
items/services ordered by the customer in accordance with an authorized
delivery order . The fiscal year to which an invoice must be charged is
governed by the delivery order number, not by the vendor\'s invoice
date. Thus, items ordered on September 30th against a current delivery
order will be charged to the current fiscal year, even though they may
not be delivered and invoiced until after the next fiscal year has
begun. It is therefore extremely important that the delivery order
number and order date be clearly identified on the invoice and that it
correctly reflect the fiscal year with which the particular item orders
are associated. Invoices for subscriptions shall be clearly
distinguishable from reports of usage under the subscription (for which
no additional payment is due.) The vendor shall not combine charges from
separate fiscal years on a single invoice.

**F.4.5 (d) Discounts.** Discounts earned by individual customers shall
be calculated on the individual invoice or institution detail for the
FEDLINK customer. FFO is not responsible for any recalculations to
distribute discounts due individual customers. Prompt payment discount
options approved in the Contract shall be specified on invoices. The
option to take a prompt payment discount shall be exercised at the
Government\'s option.

**F.4.6. Invoice Types.**

**F.4.6 (a) Individual Invoices.** The vendor shall supply a separate
invoice for each FEDLINK customer as represented by a FEDLINK ID. The
vendor shall clearly distinguish between an invoice for a subscription
for which payment is due from a report of usage under the subscription
(for which no payment is due.)

**F.4.6 (b) Summary Invoices.** The vendor may submit a summary invoice
with line items for each FEDLINK customer. Summary invoices must be
supported by customer-specific detail that enables FFO to review the
charges and confirm the amount due from each customer and enables the
customer to confirm that goods/services have been received and that the
charges are accurate.

**F.4.6 (c) Usage Detail.** The vendor shall provide detailed
information that allows the customer to track use of the vendor\'s
system. Such data enables the customer to charge back to agency units
for whom access is being administered centrally, to monitor activity
levels under a subscription pricing arrangement, or otherwise to promote
effective use of the vendor\'s products/services. This data shall be
provided in computer-readable form. Computer-readable usage data
supplements, but does not replace, invoice information. See C.1.2.2 (e)
E-metric Usage Data; FEDLINK is working towards electronic invoicing,
with its attendant security requirements, as described below.

**F.4.6 (d) Refunds, Credits or Other Adjustments.** All invoice
adjustments for transfer pay customers shall be processed through FFO.
FFO shall determine whether a credit to the customer\'s account is
acceptable or whether a refund is required. Where credits are
acceptable, the vendor shall issue separate credit invoices for all
accrued credit on an individual customer\'s account and shall indicate
on the credit the information specified above, 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. Where refunds are required, the vendor
shall promptly remit amounts due.

**F.4.6 (e) Duplicate Invoices.** The vendor shall certify that it has
not already received payment for duplicate invoices submitted as
replacements for original invoices as follows:

Duplicate Original

Payment Not Received

Signed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**F.4.6 (f) Resubmitted Invoices.** The vendor shall promptly resubmit a
rejected invoice when the condition(s) causing the rejection have been
corrected. The vendor shall resubmit the original invoice and shall
clearly identify that the invoice is a resubmission for payment.

**F.4.6 (g) Electronic Invoicing.** As FEDLINK expands the capabilities
of its automated accounting system, it may be possible to accept invoice
data electronically via Internet file transfer. If the vendor wishes to
provide invoice data in computer-readable formats, it should supply
FEDLINK with a sample file for evaluation.

**F.4.7. Invoice Submission.**

**F.4.7 (a) Promptness.** The vendor shall invoice FEDLINK promptly
after providing authorized service to the customer. Receiving prompt,
current financial data to help them manage the information services they
provide their agencies is very important to FEDLINK customers.
Withholding invoices for authorized users (especially at the beginning
of the fiscal year) is not acceptable.

**F.4.7 (b) Frequency.** The vendor shall invoice FEDLINK on a regular
cycle.

**F.4.7 (c) Sort Order.** The vendor shall deliver invoices sorted first
by fiscal year, then alphabetically by FEDLINK ID. Mixing invoices for
different fiscal years, sorting by invoice number, user ID, or other
data element slows FFO processing and is not acceptable.

**F.4.7 (d) Number of Copies.** For each FEDLINK transfer pay customer,
the vendor shall provide FFO not less than one original **and** one copy
of each invoice **and** not less than one original and one copy of each
detailed usage report (in support of the invoice).

**F.4.7 (e) Physical Format.** Individual invoice sets shall be attached
so that all copies and/or pages of the original invoice remain
contiguous. If the vendor supplies photocopies of any pages (e.g., to
supplement a multi-part invoice), then all invoice photocopies shall be
attached to the original invoice.

**F.4.7 (f) Invoice Address.** The vendor shall submit invoices to the
following address:

> The Library of Congress
>
> FEDLINK Fiscal Operations
>
> ATTN: Invoice Processing

101 Independence Ave. SE

> Washington, DC 20540-4935

Fax: (202) 707-4927

**F.4.7 (g) Final Invoice Call.** FEDLINK is required to close customer
accounts for prior fiscal year obligations against appropriations and
funds scheduled for retirement. FFO issues a final invoice call to
vendors each fiscal year to initiate the close-out of prior year
contracts. Vendors must submit the final invoices to FFO within 90 days
from notification.

**F.4.8. Invoice Review and Payment.** For purposes of this clause,
\"invoice payment\" means a Government disbursement of monies to a
vendor 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 vendor. 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.

**F.4.8 (a) Return of Improper Invoices.** If the invoice does not
comply with requirements herein, then the vendor shall be notified of
the defect within **15 days** after receipt of the invoice at the
designated billing office. Untimely notification by the Government shall
be taken into account in the computation of any interest penalty owed
the vendor in the manner described in paragraph F.4.9 of this contract.
Rejected invoices shall be accompanied by a form indicating the reason
for the rejection and may be resubmitted when the condition(s) causing
the rejection is corrected.

**F.4.8 (b) Invoice Adjustments.** The Government may adjust invoices to
remove charges not valid and not payable under this Contract, such as
line items for excluded services, sales tax, freight charges, and prior
month billing. FEDLINK will not make partial payments to accommodate
customer funding levels.

**F.4.8 (c) Payment Due Date.** The due date for making invoice payments
shall be the later of the following two events:

> \(1\) The 30th calendar day after the designated billing office has
> received a proper invoice from the vendor. If the payment due date
> falls on a weekend or holiday, payment will be made on the following
> business day.
>
> \(2\) The 30th day after Government acceptance of supplies delivered
> or services performed by the vendor. 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
> vendor\'s invoice is dated, provided a proper invoice is received and
> there is no disagreement over quantity, quality, or vendor compliance
> with contract requirements.

**F.4.8 (d) Electronic Funds Transfer (EFT)** (*FAR 52.232-34, MAY
1999*). In accordance with the Debt Collection Improvement Act, all
FEDLINK payment to vendors shall be made via electronic funds transfer
(EFT). The vendor shall complete the \"Vendor Survey Form\" obtained
from LC Contracts Services to provide the information necessary to
transmit payments to the vendor\'s financial institution. Payment shall
be considered as being made on the effective date of the EFT.

**F.4.8 (e) Remittance Advice.** FFO shall provide the vendor contact
identified in this Contract with a remittance advice that details the
invoices for which payment covered by LC/FEDLINK payments. Currently,
FFO faxes the remittance advice to the vendor\'s Accounts Receivable
contact a few days before the EFT payment is completed. The vendor
should use the remittance advice to update its accounts receivable
records.

**F.4.9. Interest Penalty Payments.**

**F.4.9 (a) Conditions for Interest Payment.** An interest penalty shall
be paid automatically by the designated payment office, without request
from the vendor, 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 vendors
outside the United States for work performed outside the United States.
Conditions for interest payments are:

> \(1\) A proper invoice was received by the designated billing office.
>
> \(2\) A receiving report or other Government documentation authorizing
> payment was processed and there was no disagreement over quantity,
> quality, or vendor compliance with any contract term or condition.
>
> \(3\) In the case of final invoice for any balance of funds due the
> vendor for supplies delivered or services performed, the amount was
> not subject to further contract settlement actions between the
> Government and the vendor.

**F.4.9 (b) 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 Contractrd Interest Rate,\" and is published in the
*Federal Register* semiannually on or about January 1 and July 1. The
interest penalty shall accrue daily on the invoice principal 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 shall be added to the approved invoice
principal 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 vendor of a defective invoice within the periods
prescribed above, then the due date on the corrected invoice shall be
adjusted by subtracting from that date the number of days taken beyond
the prescribed notification of defects period, as set out below. Any
interest penalty owed the vendor shall be based on the adjusted due
date. Adjustments shall be made by the designated payment office for
errors in calculating interest penalties, if requested by the vendor.

**F.4.9 (c) Acceptance for Interest Purposes.** For the sole purpose of
computing an interest penalty that might be due the vendor, Government
acceptance shall be deemed to have occurred constructively on the 15th
day (unless otherwise specified in the agreement) after the vendor
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 vendor 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.

**F.4.9 (d) Periods Not Subject to Interest.** The following periods of
time shall not be included in the determination of an interest penalty:

> \(1\) The period taken to notify the vendor of defects in invoices
> submitted to the Government, but this shall not exceed **15 days**.
>
> \(2\) The period between the defects notice and resubmission of the
> corrected invoice by the vendor.
>
> \(3\) For incorrect EFT information, in accordance with the EFT clause
> of this agreement.
>
> \(4\) Interest penalties shall 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.
>
> \(5\) Interest penalties are not required on payment delays due to
> disagreement between the Government and vendor 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, shall be resolved in accordance with the FAR clause at
> 52.233-1, Disputes, as amended by the Library.

**F.4.9 (e) Interest on Discounts Taken Improperly.** An interest
penalty shall also be paid automatically by the designated payment
office without request from the vendor, if a discount for prompt payment
is taken improperly. The interest penalty shall 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 vendor, if the underpayment is not corrected
within 15 days of the expiration of the discount period.

**F.4.10. Contract Financing Payments.**

**F.4.10 (a)** For purposes of this clause, \"contract financing
payment\" means a Government disbursement of monies to a vendor under
contract clause or other authorization prior to acceptance of supplies
or services by the Government.

**F.4.10 (b)** 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.

**F.4.10 (c)** 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.

**F.4.10 (d)** Contract financing payments shall not be assessed an
interest penalty for payment delays.

**F.5 EXAMINATION OF VENDOR RECORDS BY THE LIBRARY OF CONGRESS**

The Vendor agrees that the Library of Congress or any duly authorized
representative shall have access to and the right to examine any books,
documents, papers and records of the Vendor involving transactions
related to this contract for over-billings, billing errors, and
compliance with the Program Funding Fee clause of this contract. This
authority shall expire 3 years after final payment.

### F.6 CONTACT FOR CONTRACT ADMINISTRATION 

The Vendor shall designate a person to serve as the contract
administrator for the contract both domestically and overseas. The
contract administrator is responsible for overall compliance with
contract terms and conditions. The contract administrator is also the
responsible official for issues concerning the FEDLINK Quarterly Sales
Reports and the Vendor's Report of Direct-Pay Sales, and the FEDLINK
Funding Fee, including reviews of vendor records. The Vendor's
designation of representatives to handle certain functions under this
contract does not relieve the contract administrator of responsibility
for contract compliance. The name of this individual, along with the
person responsible for questions concerning the FEDLINK Funding Fee,
must be provided by the Vendor prior to the award of a contract. Any
changes to the designated individual must be provided to the Contracting
Officer in writing, with the proposed effective date of the change.

**VENDOR CONTRACT ADMINISTRATOR:**

Name, Title:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Zip
Code:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Telephone:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ FAX:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

e-mail Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**VENDOR CONTACT FOR FEDLINK FISCAL OPERATIONS (FFO) -- Invoicing
issues:**

Name, Title:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Zip
Code:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Telephone:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ FAX:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

e-mail Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**VENDOR TECHNICAL LIASON FOR FEDLINK NETWORK OPERATIONS (FNO) \--
COTRs:**

Name, Title:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Zip
Code:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Telephone:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ FAX:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

e-mail Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**VENDOR CONTACT FOR CUSTOMER SERVICE:**

Name, Title:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Zip
Code:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Telephone:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ FAX:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

e-mail Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**F.7 FEDLINK SERVICES TO VENDORS.**

**F.7.1. Publicity.**

LC/FEDLINK shall inform FEDLINK customers about the services available
under the program. Currently, the FLICC/FEDLINK World Wide Web site has
a section devoted to services available to FEDLINK that includes brief
descriptions of the products and services offered by FEDLINK vendors,
vendor contact information, and active links to vendor e-mail and
websites. The vendor is invited to submit its contact and link
information for inclusion in this web-based FEDLINK services catalog.

**F.7.2. Mailing Lists.**

A mailing list of FEDLINK customers can be provided to the vendor upon
request to the address below.

The Library of Congress

FEDLINK Fiscal Operations

ATTN: James Oliver, Vendor Services Coordinator

> John Adams Bldg., Room LA-224

101 Independence Ave., SE

Washington, D.C. 20540-4935

Phone: 202-707-4360

Fax #: 202-707-4999

Email: joli@loc.gov