THE LIBRARY OF CONGRESS

CONTRACTS AND LOGISTICS SERVICE

1701 BRIGHTSEAT ROAD

LANDOVER, MD 20785--3799

January 15, 1999

RE: FEDLINK RFP99-1

The FEDLINK Information Retrieval Services Request for Proposal (RFP) for FY99, RFP

S- CL99017 , is currently available for downloading at the following world-wide web address: http://lcweb.loc.gov/flicc; at the FLICC/FEDLINK homepage, click on "Contracting & Vendor Services"' then click on "Procurement Opportunities for Vendors." Vendors will be responsible for ensuring that all amendments to RFP S- CL99017 are received prior to submittal of their proposal. The document is offered is WordPerfect 5.1 and is formatted for double-sided copying. The RFP will not be mailed out. The closing date of the RFP is February 17, 1999. All proposals must be received by 12:01 P.M. EDT on February 17, 1999 to be considered for the FY99 FEDLINK program. Current FEDLINK vendors whose BOA numbers begin with 98CLFB7 #### or 99CLFB7 #### need not respond to this RFP.

Vendors will be responsible for ensuring that all amendments to RFP S- CL99017 are received prior to submittal of the proposal. Please check the world-wide web address referenced above periodically for amendments or clarifications to RFP S- CL99017 .

Detailed instructions on preparing your proposal are contained in Section L of the RFP. Please review this section carefully and submit your response accordingly. All prices submitted in response to this RFP must be keyed to the Contract Line Item Numbers (CLINs) displayed in Section B. Please read and follow all instructions and Federal Acquisition Regulation (FAR) clauses regarding this RFP. Understanding and following all of the guidelines may greatly reduce the possibility of a delay of any award that may result from this RFP. The FAR clauses referenced in the RFP are provided in full text at: http:// www.arnet.gov /far.

If you have any questions or difficulties regarding any aspect of the RFP, please fax all questions and concerns immediately to the attention of "FEDLINK RFP S- CL99017 " at (202) 707-0485 or e-mail at alem @ loc.gov . All questions or requests for clarifications must be submitted prior to 12:01 P.M. EDT February 8, 1999.

All proposals must be submitted to the address specified in Section L of the RFP. Enclose your entire proposal in one package with the outside of your mailing package identified with "Proposal to RFP S- LC99017 " to ensure proper handling.

Joan McCoy

Contracting Officer

SOLICITATION, OFFER AND AWARD

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

N/A	PAGE

A-1 OF 90 PAGES
2. CONTRACT NO.	3. SOLICITATION NO.
RFP S- LC99017	4. TYPE OF SOLICITATION

Negotiated (RFP)
5. DATE ISSUED

January 15, 1999	6. REQUISITION/PURCHASE NO.
7. ISSUED BY

The Library of Congress

Contracts & Logistics Services

1701 Brightseat Road

Landover, MD 20785-3799

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

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

9. Sealed offers in original and 3 copies for furnishing the supplies or services in the Scheduled will be received at the place specified in Item 8, or if hand carried, in the depository listed in block 7, until 12:01 p.m. local time February 17, 1999. CAUTION-LATE submissions, modifications, and withdrawals: See Section L, Provision No. 52.214-7 or 52.215-
1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR INFORMATION CALL:

A. NAME

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

(202) 707-0459

FAX (202) 707-0485
11. TABLE OF CONTENTS

( )	Section	Description	Page(s)

Part I -	The Schedule

X	A.	Solicitation/contract form	A 1-2

X	B.	Supplies or services and prices/costs	B 1-10

X	C.	Description/specifications/work statement	C 1-21

D.	Packaging and marking

X	E.	Inspection and acceptance	E 1

X	F.	Deliveries or performance	F 1-3

X	G.	Contract administration data	G 1-11

X	H.	Special contract requirements	H 1-3

Part II -	Contract Clauses

X	I.	Contract clauses	I 1-10

Part III -	List of Documents, Exhibits and Other Attachments

X	J.	List attachments	J 1-5

Part IV -	Representations and Instructions

X	K.	Representations, certifications and other statements

of offerors	K 1-15

X	L.	Instructions, conditions and notices to offerors	L 1-9

M.	Evaluation factors for award

SOLICITATION, OFFER AND AWARD

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
12. In compliance with the above, the undersigned agrees, if this offer is accepted within ____ calendar days (90 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAY (See Section I, Clause No. 52.232-8)
10 Calendar days

______ %	20 Calendar days

______ %	30 Calendar days

_______ %	____ Calendar days

______ %
14. ACKNOWLEDGMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:
AMENDMENT NO.

DATE

AMENDMENT NO.	DATE
15.A NAME AND ADDRESS OF OFFEROR	16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

Code: Facility:

DUNS NUMBER ____________________

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

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

17. SIGNATURE	18. OFFER DATE:
AWARD (To be completed by the Government)
19. ACCEPTED AS TO ITEMS NUMBERED	20. AMOUNT AWARDED	21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

[ ] 10 U.S.C. 2304(c) ( ) [ ] 41 U.S.C. 253 (c)(0)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM __________:

(4 copies unless otherwise specified)
24. ADMINISTERED BY (If other than Item 7)	25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER

(type or print)	27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

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

____________________________________________________________________________________________________________

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

CONTINUATION SHEET	REFERENCE NO. OF DOCUMENT BEING CONTINUED

RFP S- LC99017	PAGE

1 of 10
NAME OF OFFEROR OR CONTRACTOR

ITEM NO.	SUPPLIES/SERVICES	QUANTITY	UNIT	UNIT PRICE	AMOUNT

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Prices are firm and not subject to increase for the performance period of this basic ordering agreement (BOA).

FEDLINK customers may sign basic software and database license agreements, however, inconsistencies will be resolved by order of precedence as stated in

FAR 52.215-8. Standard contractor ordering forms are not applicable to FEDLINK users.

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 BOA.

It is hereby certified that the prices provided herein do not include the provisions for the sale, lease, or rental of equipment. The services specified in Section B of this agreement are the only ones that will be provided during the performance period of the award.

_____________________________________________

Signature of Certifying Officer

1001

1002

1003

1004

1005

1006

1007

1008

1009

1010

1134

1134

LOT1 - ELECTRONIC DATABASES/PUBLICATIONS

ONLINE DATABASES, CURRENT AWARENESS, GATEWAYS

Access Charges

Start-up/initial fee

Internet Access

Telecommunications via commercial provider

(per hour)

Telecommunications via FTS 2000 (per hour)

Dedicated port/line

Other related access

Access Control

Password/ID numbers

Cancellation/reactivation

Other related access control

Usage - Online, Gateways

Transaction - per hour

1011

1012

1013

1014

1015

1016

1017

1018

1019

1020

1021

1022

1023

Subscription - specify:

• content (all files, specific files, etc.)

• subscriber (institution, consortium, unit,

individual, association member, print subscriber)

• usage level (unlimited, n hours, n users, etc.)

• period (12 months, 6 months, 3 months, or any

period not exceeding 12 months)

Block (n hours, n searches, etc.)

Other online usage

Search Results - Online, Gateways

Online Display

Electronic delivery

Print delivery

Redistribution of search results

Other related search results

Current Awareness (Table of Contents, SDIs , Alerts, Trackers, etc.)

Profiling/search

Electronic delivery

Fax delivery

Print delivery

Redistribution of search results

1024

1101

1102

1103

1104

1105

1201

1202

1203

Other current awareness services

ELECTRONIC SERIALS (vendor's own publications)

Subscription/license - specify:

• content (title, etc.)

• subscriber (Internet domain, institution, unit,

consortium, individual, association member, print

subscriber, etc.)

• usage level (unlimited, n users, etc.)

• period (12 months, 24 months, 36 months, or any

period not to exceed 36 months)

Redistribution fee

Back issues

Archiving

Other electronic serial charges

FIXED MEDIA - CD-ROM, MAGNETIC TAPE, DISKETTE

Standalone Publication/Product - specify:

• content (title, etc.)

Original purchase (non-serial publication)

Continuation, annual update

Subscription (serial publication) - also specify:

• period (12 months, 24 months, 36 months, or

any period not to exceed 36 months)

1204

1205

1206

1207

1301

1302

1303

1304

1305

1360

Multiple copies

Networked Publication - specify:

• content - title, etc.

• user/calculation base (institution, site, unit,

n users, etc.)

Original purchase (non-serial publication)

Continuation, annual update

Subscription (serial publication) - also specify:

• period (12 months, 24 months, 36 months, or

any period not to exceed 36 months)

SUPPORT SERVICES AND PRODUCTS

Documentation (Vendor shall provide member with one current complete set of documentation at no charge)

Usage data in machine-readable format (3.5 or 5.25 high density diskette)

Vendor Search Software (Proprietary software for access to database only. Commercially available software is not to be offered.)

Standalone

Networked

Site license

1306

1307

1308

1309

1310

1401

1402

1403

1404

1405

1406

Training (Travel and per diem rates shall not exceed government rate identified in the Joint Travel Regulations {JTR})

At customer's site (per student/group/per class/day)

In vendor facility (per student/group/per class/day)

Training material (vendor shall provide each student with one current complete set at no charge)

Product Installation (per install)

Other related offerings (please specify)

DISCOUNTS

Basic FEDLINK discount from commercial rates.

(The prices offered in this proposal represent a discount of _____% from Commercial rates)

Additional discount associated with other publications/products

Volume discount for individual customers - specify:

• threshold - $25,000, $50,000, $100,000, etc.

Introductory or incentive discount

Customer-specific discounts

Other Related Discounts (describe)

2001

2002

2003

2004

2005

2006

2101

2102

LOT 2 - DOCUMENT DELIVERY SERVICES

ACCESS TO AND USAGE OF DATABASE OF DOCUMENT DELIVERY RESOURCES

Priced under Lot 1

DOCUMENT RETRIEVAL

Verification fee (per citation)

Search and retrieval

Copyright/royalty pass through

Redistribution

Order cancellation

Other retrieval

DELIVERY

Regular - specify:

• method - electronic, fax, regular mail, etc.

• turnaround time - n days, etc.

Rush - specify:

• method - electronic, fax, regular mail, priority mail,

messenger, etc.

• turnaround time - same day, 48 hours, etc.

2201

2202

2203

2204

2205

2206

2301

2302

2303

2304

2305

SUPPORT SERVICES AND PRODUCTS

Documentation (Vendor shall provide member with one current complete set of documentation at no charge)

Usage data, activity reports

Vendor Search Software (Proprietary software for access to database only. Commercially available software is not to be offered.)

Standalone

Networked

Site license

Other related charges

DISCOUNTS

Basic FEDLINK discount from commercial rates.

(The prices offered in this proposal represent a discount of _____% from commercial rates)

Volume discount for individual customers - specify:

• threshold - $1,000, $2,500, $5,000, etc.

Introductory or incentive discount

Customer-specific discount

Other related discounts

3001

3002

3101

3102

3201

3202

3400

3410

3420

3500Commercial	LOT 3 - VENDOR ASSOCIATED PUBLICATIONS

Specify FEDLINK title price or discount off commercial list price for titles in catalog.

ACCESS TO AND USAGE OF DATABASE LISTING OF OTHER ASSOCIATED PUBLICATIONS - Priced under Lot 1

FIRM ORDER (NON-SERIAL TITLES)

Single copy

Multiple copies - also specify:

• number of copies

CONTINUATIONS, ANNUAL UPDATES

Single copy

Multiple copies - also specify:

• number of copies

SUBSCRIPTION (SERIAL TITLES) - also specify:

• subscriber - institution, consortium, unit, individual,

association member, etc.

• period - 12 months, 24 months, 36 months

Single copy

Multiple copies - also specify:

• number of copies

4001

4101

4201

4301

4302

4303

4401

4402

LOT 4 - SPECIALIZED ELECTRONIC

PUBLICATIONS AND RESEARCH ASSISTANCE

Services and prices may be offered on a fixed basis for all customers (and/or may be defined and negotiated for individual customers by the LC Contracts Office).

CUSTOMER-SPECIFIED GROUPINGS OF DATABASES OR ONLINE FILES

SPECIAL INTERFACE

ACCESS TO THE CUSTOMER'S OWN FILES

RESEARCH ASSISTANCE FROM VENDOR'S SUBJECT/TECHNICAL EXPERTS

Searching

System use and troubleshooting

Translation

DELIVERY

Regular - specify:

• method - electronic, fax, regular mail, etc.

Rush - specify:

• method - electronic, fax, regular mail, priority

mail, messenger, etc.

SECTION C - STATEMENT OF WORK

C.1.	INTRODUCTION

C.1.1.	Background of the FEDLINK Program. FEDLINK is a nationwide interagency cooperative contracting program 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.

Acting as a servicing agency under the Economy Act, 31 U.S.C. §§ 1535-36, the Library 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 offices. LC/FEDLINK contractual agreements are established through formal procurement processes that meet the requirements of the FAR.

In FY97 federal offices bought more than $110 million in commercial off-the-shelf information services through FEDLINK. The program's broad range of contracts includes: access to electronic databases and other publications, document delivery, periodical subscription services, acquisition of print materials from book wholesalers and publishers, cataloging and physical processing of library materials, and membership in bibliographic utilities (for cataloging, resource sharing, interlibrary loan, and reference services.) FEDLINK thus offers its 1,000 participating organizations "one stop shopping" for their information and library support requirements. Agencies with little experience with the information industry can take advantage of LC's expertise and save considerable time and expense in purchasing print and electronic publications and library services.

LC/FEDLINK agreements are available to federal offices in the executive branch (including the armed forces), 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 users 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 also provides fiscal support to members of the cooperative. When establishing an interagency agreement ( IAG ) with LC to use FEDLINK services, the member may choose to transfer funds to LC to pay invoices for services ordered through the IAG . 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 member 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 member is relieved of the invoice processing workload. Alternately, members may choose a direct invoice/payment relationship with vendors. Terms for the transfer pay or direct pay options, information on delivery orders and invoice procedures are described in Section G of this solicitation.

FEDLINK contracting for computer-based services began in 1974 with a delegation of procurement authority (DPA) from the General Services Administration to LC. Both the Office of Management and Budget and the General Accounting Office have encouraged the program's development and use by federal agencies. In many ways, FEDLINK's simplified contracting procedures and voluntary cooperative approach anticipated the recent federal procurement reforms. Although a DPA is no longer necessary for the program, the FEDLINK approach retains the benefits that come from centralization and experience.

C.1.2.	Scope of this Procurement. This solicitation is for acquisition of or access to commercial off-
the-shelf (COTS) electronic information resources. The services of book jobbers and serials subscription agents (even those who handle electronic serials and CD-ROM titles) are covered under separate LC/FEDLINK solicitations and are not the subject of this procurement. Products and services purchased under this solicitation shall only be purchased for official Government use. The solicitation is divided into four lots. Vendors must qualify under either Lot 1 or Lot 2 in order to provide services under Lot 3 and/or Lot 4. Briefly, the four lots are:

(a)	Lot 1 - Electronic Databases/Publications. Lot 1 is the core of this solicitation. It covers publishers and vendors who provide commercial off-the-shelf electronic materials in many publication formats: online database services, newsfeeds and current awareness services, gateway services, electronic serials, and CD-ROM and other fixed electronic media.

(b)	Lot 2 - Document Delivery Services. Under Lot 2 document suppliers locate, retrieve and deliver copies of published and unpublished materials in response to customers' requests for specific items. Timeliness is a key element of document delivery services. Materials may be supplied in print or electronic form.

(c)	Lot 3 - Vendor Associated Publications. Lot 3 is only open to vendors who qualify under Lot 1 and/or Lot 2. Under Lot 3, publishers, database vendors, or document suppliers may provide their own associated publications in print, microform or other non-computerized formats.

(d)	Lot 4 - Specialized Electronic Publications and Research Assistance. Lot 4 is open only to vendors who qualify as electronic database/publications vendors or document delivery suppliers under Lot 1 or Lot 2. Under Lot 4, firms may tailor their electronic publications packages for individual customers. 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 only 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.) Lot 4 products/services may be offered at a standard price, or where necessary, may be described and negotiated for individual customers by LC Contracts & Logistics (C&L).

This solicitation does not include the following services or products: general or standard computer or telecommunications equipment; furniture or supplies; database development or implementation for customers; or personal services, such as on-site reference/research staff; or military parts inventory databases.

C.1.3.	About this Solicitation. A glossary of FEDLINK-related terms is included in Section C, the Statement of Work of this solicitation. Procedures for establishing service and handling orders from transfer pay and direct pay customers, invoice requirements, and invoice payment terms are addressed in Section G - Contract Administration Data. In this solicitation annual periods reflect the federal fiscal year (October 1 through September 30) unless otherwise noted. All prices shall be in US dollars. Invoices and payments shall be in US dollars.

Detailed directions for the format of proposals are given in Section L - Instructions, Conditions and Notices to Offerors. Through the proposal, the vendor shall demonstrate understanding of the technical requirements of the offered lot(s) and the capability to provide the services offered. Vendors who qualify for the FEDLINK program will be those who demonstrate a thorough understanding of the technical requirements of the electronic information services described herein; who have the required experience and facilities to provide efficient, quality services; and whose prices represent a cost saving to the FEDLINK membership.

C.2.	REQUIREMENTS APPLICABLE TO ALL LOTS

C.2.1.	Customer Support Services and Products. The vendor shall provide customer support services and products described below.

(a)	Telephone Support. The vendor shall provide telephone support and troubleshooting. (1-
800-number or local number)

(b)	Service Representative. The vendor shall designate an individual who is familiar with the terms of this agreement and the needs of federal libraries and information centers to serve as a contact for FEDLINK customers.

(c)	Documentation. The vendor shall provide customers with 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.

(d)	Usage Data. So that customers may be able to analyze patterns in their usage, vendors shall provide machine readable data about the customer's use of their products/services. Computer- readable usage data is required for vendors whose cumulative government sales through FEDLINK exceed $100,000. Vendors that are not able to meet this requirement shall submit a written request for a waiver to the LC/FEDLINK contracting officer. Usage data shall be provided on a monthly basis.

(1)	Format. Usage data may be provided via file transfer, e-mail, diskette, tape or application ready format, such as Lotus Notes. To facilitate management analysis, data manipulation, and reporting, the data format should allow for easy import into a standard database management or spreadsheet program, such as DBase, Paradox, FoxPro, Lotus 123, Quattro Pro, or Excel. A text description of the format and data structure shall be included with the file.

(2)	Required Fields. Usage data shall include session-specific data, with the following minimum elements: vendor name; service, files, databases, systems being searched; session date(s), time; FEDLINK ID; system access ID (password, user ID, bill group); session billable units - searches, displays, prints, etc.; session connect time - database, telecommunications; session total charges.

(e)	Training. The vendor may provide training at the customer's site or at vendor facilities. Vendors that offer training shall supply a course descriptions/catalog and a calendar to customers.

(f)	Software. The vendor may offer software associated with the vendor's system/products. Such software might include specialized software for retrieval, manipulating search results, managing licenses, tracking document delivery, etc., but not standard commercial word processing or dDase software.

(g)	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 LAN, WAN or mainframe environments.) Installation shall be billed as a one time flat fee, not on an hourly basis. The vendor is not authorized to provide equipment.

C.2.2.	Orders and Delivery. This section gives general requirements for ordering and delivery of all products and services covered by this solicitation, in both electronic and physical formats. Note the distinction between "delivery/purchase orders" issued and/or approved by LC Contracting officers and "item orders" placed by individual customers.

After the LC contracting officer has issued a delivery order for a transfer pay customer or authorized a purchase order for a direct pay customer, the vendor may accept orders for individual items/services covered by the authorized delivery/purchase order directly from the customer. Item orders may be for physical products, electronic access, or for other deliverables specified in this solicitation. The aggregate of the customer's item orders may not exceed the value of the customer's overall delivery/purchase order. To illustrate, after LC C&L has issued a delivery order for document delivery service with an authorized funding level of $1,000, the customer may place orders for individual documents directly with the vendor, and the vendor may fill those orders so long as the aggregate of the customer's orders does not exceed $1,000 and the period covered by the delivery order has not expired. The Contract Administration Data section of this solicitation (Section G) details the process for establishing service with FEDLINK customers.

(a)	General Order Characteristics.

(1)	Order Date. For all products/services covered by this solicitation, the fiscal year of the order is governed by the date LC C&L issues the delivery order to the vendor. For products/services covered by an authorized delivery order, the date of an item order is the date the customer places and the vendor accepts the item order - not the date the vendor requests the material from its supplier, nor the date the product/service is delivered to the customer.

(2)	Item Order Transmission. The vendor shall accept and confirm item orders within ten days and support item order cancellation via multiple methods of communication, including electronic mail, fax, telephone, and regular mail.

(3)	Ordering Instructions for the Customer. On start-up, the vendor shall provide the customer with written instructions on how to place orders through the vendor's system(s), along with any access IDs/passwords or forms necessary to place orders.

(4)	Order Placement. The customer may designate individuals who are authorized to place item orders. In situations where end-users are able to place orders themselves, the vendor is responsible for ensuring that the end-user is covered by the customer's delivery order. Where end-users are able to place orders through the vendor's system for goods/services that are actually delivered and billed by a separate company, the vendor shall notify the end-user if a separate arrangement is necessary to receive goods/services from that other company. For example, an online vendor must make it clear to end-users when they need a separate account with a document delivery supplier, or separate passwords to logon to an online service accessible through the vendor's gateway. All orders placed through a vendor shall be billed through that vendor.

(b)	Online Systems/Products. See also Section F, Deliveries or Performance.

(1)	System Access IDs, User IDs, Passwords. The vendor, not the FEDLINK office, shall be responsible for issuing and maintaining IDs that are necessary to access its 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 as represented by the customer's four-character FEDLINK ID. The vendor may assign IDs to individual service users within a single FEDLINK customer account. The vendor shall issue IDs for new customers or additional users promptly.

(2)	Canceling IDs. Upon member request, the vendor shall promptly cancel individual IDs and terminate charges associated with continued service for those IDs. 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 request and cancel IDs, and identify any restrictions on use of IDs.

(3)	Undelivered or Unacceptable Materials. 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,

•	current awareness reports that do not match profile specifications.

(c)	Physical Items. The following requirements apply to item orders for fixed media publications, documents, print publications or other physical items covered by this solicitation. See also Section F, Deliveries or Performance.

(1)	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.

(2)	Backorders. When authorized by the customer, the vendor may treat difficult-to-acquire items as backorders. (see fulfillment time above)

(3)	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.

(4)	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.

(5)	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.

(6)	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.

C.2.3.	Pricing and Discounts. One of the major purposes of the FEDLINK cooperative is to earn favorable rates for the federal libraries and other offices that use information products by offering vendors:

•	centralized access to customers who purchase more than $60 million in electronic information services annually;

•	centralized negotiations for contracts;

•	centralized invoicing, payment via electronic funds transfer, 30-day payment turnarounds, and automatic payment of interest penalties when due;

•	flexible pricing structures and the ability to offer price incentives to individual customers; and,

•	expertise of FEDLINK contracting officers and program staff who are knowledgeable about the information industry and committed to expanding Government's effective use of commercial information resources.

It is important that pricing for electronic resources be clear and understandable, so that FEDLINK members are able to compare similar offerings from different vendors and select the products/services that provide the best value for the government. Section B of this solicitation has contract line item numbers (CLINs) for billable items expressed in units defined by FEDLINK. The vendor shall record its FEDLINK prices in section B, identify how the prices compare to commercial prices, and certify that the offering does not include items excluded from the FEDLINK program. All prices shall be in US dollars. A vendor whose pricing does not fit the CLIN framework shall explain its pricing model in clear terms. Key elements of the FEDLINK CLIN structure are described below.

(a)	Transactional Pricing. Section B has CLINs for the traditional method of pricing online services - access to the system and usage of its files expressed in hourly units, and search results priced in output units, displays, prints, etc.

(b)	Subscription Pricing. Subscriptions may be offered for online services and electronic serials 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). 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;

•	a 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;

•	a library that subscribes to the print and/or online 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 LAN; 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)	Usage Under a Subscription. A major purpose of subscription pricing is to make costs predictable for the customer and to earn discounts for advance payment of the subscription price. Therefore, the subscription should cover all aspects of using the electronic database/publication, including access, search, retrieval, display, prints, etc. For online databases/publications, the vendor may assign separate system access IDs for the subscription or may allow customers to use their current system access IDs. Ideally, subscription IDs would only allow usage up to the defined limit (hours, dollar value, etc.) of the subscription; excess use would be blocked, or users would see a notice that further usage would be charged regular transactional price rates. Authorization to use the system in excess of subscription limits, and thus incur additional charges, would be limited; authority to override if funds are available might rest with the librarian, with senior personnel, etc.

(2)	Period. Subscriptions are ordered at the beginning of the subscription period; the subscription period may cross fiscal years. Subscriptions to online database services shall not exceed 12 months; subscriptions to electronic serials, fixed media and print publications may be for up to 36 months. Subscriptions to CD-ROM, magnetic tape, or diskette publications shall be for annual periods. The vendor shall specify how frequently updates will be issued (monthly, quarterly, etc.) and shall adhere to the established update schedule. The base subscription may be priced separately from updates in subsequent years, back issues or retrospective files.

(3)	Invoicing and Usage Reports. The vendor may invoice for the entire subscription price when the order is placed, or may invoice on a regular periodic basis. Because 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 online electronic publications, the vendor shall provide customers with a way to determine how much usage there has been under the subscription.

(4)	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 online subscription is accessed. For a customer who cancels an online 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.

(c)	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.

(d)	Individual Items, Firm Orders. Section B contains CLINs for the many 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.

(e)	Customer-Specific Pricing. The basic prices and discounts for the commercial services covered by Lots 1, 2, and 3 shall be available to all customers. In addition, vendors may offer special prices to individual customers. 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.

(f)	Discounts. The potential volume of orders represented by the FEDLINK cooperative and the benefits of centralizing and streamlining procurement and payment activities should be the basis for discounts off regular commercial rates. All prices and discounts shall be submitted to the LC C&L for approval before being incorporated into the BOA and made available to customers. Customers with substantially similar requirements shall be offered the same prices and discounts.

(1)	Basic FEDLINK Discount Rate. The basic discount for members of the FEDLINK cooperative shall be made available to both transfer pay and direct pay customers on an equal basis.

(2)	Discounts Tied to Other Publications. Vendors may offer discounts that are associated with a customer's purchase of print versions of electronic publications, purchasing multiple copies, etc.

(3)	Volume Discounts for Large Customers. Vendors may offer additional discounts to individual customers who make large purchases. Vendors may use the volume discount thresholds given in Section B ($25,000, $50,000, $100,000, and $1,000,000) or may establish other thresholds that shall apply to all large customers.

(4)	Special Discounts. Vendors may offer introductory, trial-offer 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. Specialized discounts shall be submitted to LC C&L for approval before being incorporated into the BOA and made available.

(g)	Making Catalog/Price Lists Available to Customers. The vendor shall provide customers with a catalog of the products and services available through FEDLINK. The catalog/listing shall include the vendor's FEDLINK prices. The vendor shall also provide customers with computerized access to its FEDLINK catalog/price list. Such a listing might be available through the vendor's online database system, published on the vendor's website, or through another system maintained by the vendor. A vendor that is unable to post its FEDLINK catalog/prices on a system of its own may provide FEDLINK with a machine-readable version of the Schedule B information from this solicitation. FEDLINK shall then work with the vendor to make the file available to customers through the FLICC/FEDLINK website.

C.2.4.	Licensing. 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.

FEDLINK contracting officers shall not sign license agreements for the products/services the members acquire through LC/FEDLINK BOAs. The products/services are used in the member agency and the licenses are signed and enforced by the member agency 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.

Coming to a local understanding on a license agreement causes extra work for both the agency and the vendor and usually causes delay in providing the service to end-users. As a cooperative program, it is important to FEDLINK that members' local officials and vendors are spared the need to negotiate the same license terms over and over again. It is also important that all licenses associated with products/services available through FEDLINK be suitable for federal government customers. Therefore, for this procurement, FEDLINK plans to work closely with vendors to negotiate the model license in Section J that may become part of the contract.

Any inconsistencies between this BOA and the vendor's license terms shall be resolved by order of precedence as stated in FAR 52.215-8. 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 agreement and the FEDLINK-specific licenses incorporated herein.

(a)	Basic License. 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. Some of the considerations that went into the development of the license and that will be relevant to LC/FEDLINK negotiations are described more fully below.

The basic license is included as Attachment 1 in Section J of this RFP. 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 LC/FEDLINK's 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 (treatment of the Federal Acquisition Regulation (FAR) or payment and interest, for example.) Instructions for addressing the basic license in response to this RFP are included in Section L.4.2.

(b)	Local Negotiations. Customers and vendors remain free to negotiate licenses separately. Such individual licenses shall only pertain to the customer for whom they were negotiated. Upon request, FEDLINK shall assist vendors and FEDLINK customers in negotiating licenses to be applied in their local environments.

(c)	License Considerations. Working with members, 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. In all cases members need licenses that are clear, easy to understand and easy to apply. To this end, FEDLINK license negotiations shall focus on the three areas described below.

(1)	"Legal Terms." The first area of concern involves terms that make legal commitments about how the license shall be administered or how disputes over use of the product shall be resolved. Because such terms may easily conflict with federal statutes and FAR clauses, they are scrutinized closely by local officials and are likely to be problematic. For example, agreements which subject the Government to indefinite or potentially unlimited liability contravene the Anti-Deficiency Act. Other examples from these "legal terms" categories include: entire agreement clauses, methods of amending the license, automatic subscription renewal, prompt payment requirements, payment of taxes, contract termination, refunds, choice of law, and indemnification.

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 below are governed by the language of the following FAR clauses: FAR 52.227-19, Commercial Computer Software--Restricted Rights; FAR 52.233-1, Disputes; FAR 52.249-2, Termination for the Convenience of the Government (Fixed-Price); FAR 52.249-8, Default (Fixed-Price Supply and Service). 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.

(2)	"Library Terms." The second focus area, "library terms," involves terms that control how the customer is allowed to access and use the product. From the vendors, members hope for flexible terms that do not impose a heavy burden in managing or monitoring the way the product or service is used. The basic library terms members are concerned about and their preferred approaches and/or general requirements are described below. Other issues may also be negotiated, as necessary.

(a)	Prohibiting installation on networks. Areas of concern include: requiring that single-user products be installed on standalone workstations, prohibiting installations on wide area networks, and prohibiting dial-up access by authorized users. The modern federal library/information center needs to be able to deliver electronic publications to its agency customers through agency networks.

(b)	Tying access to physical characteristics of the organization or the library. Areas of concern include: restricting access to a particular building or "site," and limiting access to particular workstation or IP addresses. Federal offices within the same organization are frequently spread across different physical facilities. Agencies' centralized telecommunications facilities often do not provide for workstation-specific connections to external systems. Access schemes based on Internet domains or other ways of defining the customer organization as a whole are preferable to schemes tied to physical factors.

(c)	Calculating the number of users. Figuring the user base according to the total staffing of the agency, total users of an agency's network, or the total possible number of library patrons tends to overstate the actual use of the publication. Similarly, tying the user base calculation to the number of print or standalone CD-ROM subscriptions maintained doesn't fairly represent the way the agency shall use the electronic publication. Most libraries can fairly project how many people within the library's customer base are likely to use the particular electronic publication. Libraries can figure the number of users likely to be logged onto a product at the same time (variously called "simultaneous" or "concurrent" users). For CD-ROM systems, many members have installed metering software that can limit the number of users to the number specified in the license; online systems can also block access by excess users. Reporting would allow the library to track demand levels.

(e) Redistribution. Prohibiting access for contractors or other individuals associated with the agency, and prohibiting redistribution of search results within the customer base is a problem. Individuals legitimately associated with the agency must be able to use the information resources the agency intends to provide for them. Members agree that all usage within the defined customer base shall be consistent with the copyright doctrine of fair use.

(3)	Pricing Terms. The third area for negotiation involves terms that relate directly to how the product is priced. Members recognize that it is difficult to measure the potential "circulation" of an electronic publication, the support it requires, and the impact it has on its print counterpart. Nevertheless, price is a very important factor in a federal library's decision whether to add a particular electronic resource to the agency's collection. Pricing structures must be clear.

C.2.5. Year 2000 Compliance. The vendor shall provide information and demonstrate that their company is undertaking steps to insure that products and services will be delivered in accordance with FAR 39.106. The Federal Acquisition Regulations (FAR) defines "Year 2000 Compliant" as:

"With respect to information technology, that the information technology accurately processes date/time data including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations, to the extent that other information technology, used in combination with the information technology being acquired, properly exchanges date/time data with it." Refer to Section L.4.5. for instructions.

C.3.	SPECIFIC REQUIREMENTS

C.3.1.	LOT 1 - ELECTRONIC DATABASES/PUBLICATIONS. This lot covers vendors and producers of commercial off-the-shelf publications that are distributed electronically. These electronic materials come in a variety of publication, record and access formats:

•	publication formats: databases, compilations, serials, monographs, etc.;

•	record formats: full-text, bibliographic citations, abstracts, directory information, numerical data, images, multi-media, etc.; and,

•	physical/access formats: fixed-media formats mounted on the customer's computers, online files mounted on the vendor's computers, or remote system accessed through a gateway.

Vendors of electronic databases/publications typically make materials available by formatting and indexing the data, providing a retrieval language and interface, and distributing the publication online or in fixed-media.

Vendors may be the producer/publisher of the materials or may establish arrangements to distribute other publishers' materials. In such cases, the vendor shall be responsible for all copyright, licensing and royalty arrangements for distribution of the publications. Vendors may offer support services and products associated with their electronic offerings as described in Section C.2. Vendors may establish license agreements for the use of their electronic publications and associated software. Any such licenses shall be developed for FEDLINK customers as described in Section C.2., above. Systems that are available through dial access must be accessible through the Government's FTS 2000 telecommunications system as it becomes available in the customer's agency.

C.3.1.1.	Online Databases, Current Awareness and Gateways.

(a)	Online. Online vendors provide access, search and retrieval of information from databases and other electronic publications installed on a computer 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, dial-up telecommunications, dedicated lines/ports or newsfeeds. Access is typically controlled through passwords for individual users. Authorized users can search and retrieve text on-demand, view records online and download or print items in a variety of record formats. Online services may be priced by transaction, by subscription or in blocks.

The vendor shall provide a description of its online services that addresses:

•	the online databases/publications available - content, coverage, currency, publisher, etc.;

•	how the system is accessed - Internet, dial-access, dedicated line, etc.;

•	how access is controlled - passwords, cancellation, reactivation, etc.;

•	the search interface; and,

•	search results - format, delivery method, redistribution, etc.

(b)	Current Awareness. Variously known as 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 profile or search strategy. Current awareness search results may be delivered to the user electronically, by fax or in print. 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;

•	what electronic publications shall be searched;

•	how the current awareness search is run - frequency, etc.; and,

•	how search results are delivered - format, delivery method, frequency, etc.

(c)	Gateways. Gateway services provide centralized access to multiple online systems by providing a communications link among systems. Gateways may also provide a common interface or command language and centralized administration and billing for use of the remote systems. Systems accessed via the gateway and charges billed through the gateway must fall within the scope of this solicitation. Gateway services may be priced by transaction, by subscription or in blocks.

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

•	the systems that may be accessed through the vendor's gateway;

•	how the user searches in the remote system - interface, command language, etc.;

•	how access to the remote system is controlled - passwords, etc;

•	what prices shall be charged FEDLINK customers by the remote system; and,

•	how activity in the remote system shall be billed by the offeror.

C.3.1.2.	Electronic Serials. This section of this solicitation is targeted ONLY toward publishers who supply their own electronic serials (e-serials) directly to subscribers or to consortia. Serials agents who handle e-serials along with serials in other formats are covered by different LC/FEDLINK solicitations and agreements and are not the subject of this procurement.

Electronic serials are publications that typically include articles, illustrations, and other materials that appear in an issue of a journal, magazine or other periodical publication. E-serials may be published solely in electronic format or may be electronic versions of traditional print periodicals. E-serials 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, as described in Section C.2., above. Subscribers typically receive issues through e-mail, or access them via the Web or other Internet channels. The vendor shall provide for access to an archive or back issues of the e-serial, by maintaining the files centrally or allowing the subscriber to retain an archival copy. License terms for use, redistribution, etc. of e-serials materials shall be developed for FEDLINK customers as described in Section C.2., above.

The vendor shall provide a description of its e-serials 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.3.1.3.	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. License terms for use, redistribution, etc. of fixed-media publications shall be developed for FEDLINK customers as described in Section C.2., above.

The vendor shall provide a description of its fixed media publications that addresses:

•	how the publication is accessed - software, hardware, network, links to online, etc.;

•	the publication's format, content, coverage, and currency; or,

•	subscription features - subscriber, period, updates, retention, etc.

C.3.2.	LOT 2 - DOCUMENT DELIVERY SERVICES

The document delivery service 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. 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 solicitation. Refer to Section C.2., above, for general requirements for customer service, ordering, delivery, pricing and licensing.

C.3.2.1	Resources.

(a)	Source of Documents. The vendor may retrieve or duplicate documents from 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 online files in response to specific citation requests from the customer. However, general online or Internet searching at the customer's request is not covered under this lot.

(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)	Catalog of Material and/or Sources. The vendor shall provide a listing of documents and/or sources available, and shall identify vendor specialties and unique resources available or accessible. The catalog may be in print or electronic format. Vendors whose listing of available documents/sources is in electronic format (e.g., an online database or Internet/Web listing) should describe their catalog in the appropriate section under Lot 1. Prices for access to the electronic catalog, if any, should be given according to the CLINs developed for Lot 1 in Section B of this solicitation.

C.3.2.2	Ordering. In addition to the general requirements for orders described in Section C.2, above, the document delivery vendor shall provide the order services described below.

(a)	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.

(b)	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)	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 cancels 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.

(d)	Management Data/Reports. To help the customer track and manage its document delivery activity, the vendor may provide document delivery service "usage" data in machine-readable or print format. The data would include:

•	identification information: FEDLINK ID, ordering office, ship-to address or ID; and,

•	order information - fiscal year and date of the order, item, quantity, list price, discount, service fee, copyright fee, special delivery fee, extended price.

C.3.2.3	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 timeframes regardless of the document's point of origin.

C.3.3.	LOT 3 - VENDOR ASSOCIATED PUBLICATIONS

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 a catalog of available publications. Materials shall be ordered and delivered as described in Section C.2., above. Book jobbers and serials agents are covered by separate LC/FEDLINK solicitations and agreements and are not the subject of this procurement.

C.3.4.	LOT 4 - SPECIALIZED ELECTRONIC PUBLICATIONS AND RESEARCH ASSISTANCE

Vendors that offer commercial electronic databases/publications or document delivery services under Lot 1 or Lot 2 may also offer individual customers specialized access to those publications and research assistance from subject/technical experts. Customer-specific offerings may be described and negotiated by the contracting office on an individual basis. LC C&L may negotiate on behalf of transfer pay customers and the agency's own contracting office shall negotiate for direct 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 C&L and added to the LC/FEDLINK BOA (as described in Section G). Although added to the BOA, customer-specific specialized offers need not be made available to all FEDLINK customers.

C.3.4.1.	Specialized File Groupings. The vendor may offer specialized groupings of its existing online electronic 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. The vendor may:

•	limit access to the grouping through system programming, e.g. because the customer wants to prevent usage that is not for official purposes; and/or,

•	price a specific grouping of files together under a subscription, but allow access to other files priced at transactional rates, e.g. to facilitate users' access to relevant materials on engineering without preventing access to other materials.

C.3.4.2.	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 files by the vendor's personnel. Access and searching of the customer's material may be described and negotiated on an individual basis.

C.3.4.3.	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 web-based intranet and the vendor's online 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 established under C.3.4.1.

C.3.4.4.	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 BOA. For selected customer requirements, services may be described and negotiated on an individual basis. Under this solicitation, research assistance does not cover on-site personal services such as staffing library reference desks, nor long-term consultant projects.

C.4.	GLOSSARY

Agency - See Member.

Archive - stored information intended as a permanent record to be referred to at a later time.

Backfile - stored electronic file of older, non-current material e.g back issues.

Block Subscription - unlimited usage for a specified period of time, units of searches or documents to be delivered.

Basic Ordering Agreement (BOA) - procurement vehicle which defines the terms, conditions and pricing for service from vendors. A delivery order or purchase order issued against the BOA, not the BOA itself, is the contract between the customer and the vendor.

Contract Line Item Number (CLIN) - numbering scheme used to identify price or cost elements of the statement of work.

Consortium - group of FEDLINK members acting together to purchase goods/services.

Commercial off-the-shelf (COTS) - commercially developed, readily available products and services.

Delivery Order - order placed by LC/C&L with the vendor for goods/services for an authorized FEDLINK transfer pay customer that authorizes service up to the customer's "not to exceed" amount.

Direct Pay - the member agency has a direct invoice/payment relationship with vendor. LC authorizes the member to use an LC/FEDLINK BOA and the member's local contracting officer issues purchase orders via LC/FEDLINK.

Discounts - favorable terms for government customers, assuring lower costs for commercial off-the-
shelf information services and publications. Vendors are encouraged to offer additional discounts for high volume users, customer-specific incentive discounts for accounts above certain specified thresholds, and any special discount offers.

Document Delivery Services - information services that locate, retrieve and deliver published and unpublished materials in response to customers' requests for specific items.

Delegation of Procurement Authority (DPA) - General Services Administration issued a DPA to FEDLINK to acquire electronic information resources for member agencies. Under the new procurement rules a DPA is no longer necessary for the FEDLINK program.

E-serial - a periodical or serial publication distributed in electronic format.

Economy Act - 31 U.S.C. 1535 and 1536 established authority for a federal agency to request another agency to provide goods or services or contract for them on its behalf. LC, acting as a servicing agency under the Economy Act, contracts for commercial library/information products and services.

Electronic Funds Transfer (EFT) - beginning FY97 FEDLINK vendors were required to accept electronic payments for goods and services rendered.

Federal Acquisition Regulation (FAR) - regulations governing federal contracting. FAR 17.5 - Interagency Acquisitions Under the Economy Act, provides specific guidance on determination requirements, ordering procedures, and payment requirements of interagency services.

Federal Library and Information Center Committee (FLICC) - created in 1965 by the joint action of the Library of Congress and the Bureau of the Budget (currently the Office of Management and Budget) to advocate federal library and information center policies and programs, professional development and effective cooperative resource sharing.

Federal Library and Information Network (FEDLINK) - the nationwide interagency cooperative contracting program sponsored by the Library of Congress and FLICC which provides service contracts for commercial information resources.

Fixed Media - electronic publications in CD-ROM, magnetic tape or diskette formats.

Gateway - a database service provider that offers centralized access, administration and billing to online database systems run by other vendors.

Interagency Agreement (IAG) - establishes the terms of the service relationship between LC/FEDLINK and member agencies. The IAG specifies the period of the agreement, describes the services to be provided, gives the terms for payment and cites the authority for the program.

Internet - world wide network of computer networks

Intranet - local internal networks through which commercial information services and products may be provided to authorized end-users.

Lots - individual sections of the statement of work which describe related but discrete services or products. Vendors must offer information products and services described in lots 1 and/or 2 to be qualified to provide any or all of the services described in the optional lots 3 and 4.

Member - agencies participating in the FEDLINK program, also known as customers. Members include agencies and individual offices from all branches of the federal government and contractors to federal agencies. A member/customer agency is designated by a unique four-character FEDLINK ID.

Newsfeeds - a real time news source.

Push technology - a delivery method for electronic information retrieval services.

Redistribution - retrieval from current awareness services, document delivery or other electronic information products can be electronically delivered or forwarded to multiple recipients. Copyright royalty fees are assessed and distributed by the information providers.

Request for Proposal (RFP) - a solicitation document that contains the narrative description and specifications of the work to be done, contract clauses, terms and conditions under which the work is to be accomplished and supplies and services to be priced, instructions and notices to offerors and evaluation factors for award.

Selective Dissemination of Information (SDI) - a current awareness alerting service which automatically searches databases and retrieves updated information based on user-specific profile. SDI is an example of a "push/pull technology" application.

Statement of Work (SOW) - the narrative text which defines the scope of the work to be accomplished.

Subscription Pricing - a prepayment pricing plan that makes library/information costs predictable. Products/services are described in terms of the materials covered, the subscribers base, the level of use of the materials and the subscription period.

Telnet - a program that provides Internet users remote access to computers other than their own host computer.

Transactional Pricing - a "pay as you go" pricing plan based on access to the system and usage of its files expressed in hourly units, and search results priced in output units, displays, prints, etc.

Transfer Pay Option - FEDLINK members may choose to transfer funds for services to LC and have FEDLINK's accounting service handle the invoices, pay vendors electronically and send monthly statements of account to members.

Usage Data - to facilitate management analysis, data manipulation, and reporting vendors shall provide monthly machine readable data about the customer's use of their products/services. Usage data may be provided via file transfer, e-mail, diskette, tape or application ready formats. Required fields are specified in Section C.2.1 d(2).

Users - a customer agency's current employees, on-site contractors, or library patrons.

Year 2000 Compliant - Information technology accurately processes date/time data (including, but not limited to, calculating comparing and sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 ands 2000 and leap year calculations, to the extent that other information technology, used in combination with the information technology being acquired, properly exchanges date/time data with it.

SECTION E - INSPECTION AND ACCEPTANCE

E.1.	NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

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

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

SECTION F - DELIVERIES OR PERFORMANCE

F.1.	TERMS OF BASIC ORDERING AGREEMENT (BOA). The period of performance of this Basic Ordering Agreement shall be from date of award through September 30 of each fiscal year.

F.2.	OPTION TO EXTEND THE TERM OF THE BOA. The Library reserves the right to exercise an option to extend the term of this Basic Ordering Agreement with the mutual consent of the Contractor and as may be in the Library's best interest. The contracting officer shall provide written preliminary notice of intent to extend at least 60 days prior to BOA expiration, in accordance with FAR 52.217-9 and FAR 16.703. All option year pricing will be negotiated.

F.3.	PLACE OF DELIVERY. The place of delivery is F.O.B. destination in accordance with FAR 52.247-34.

F.4.	SERVICE DEGRADATION CREDITS.

F.4.1.	System Availability.

(a) If the contractor's system (including search and retrieval software, workstation software, database files, and Contractor's connections to FTS-2000 network) remains inoperative or inaccessible as a result of a malfunction or limitations in the Contractor's system, due to no fault or negligence of the Government or due to no fault external to the system, the Contractor shall grant a credit to the Government in accordance with the following table. The "Payment Factor" is applied against the total monthly charge for information retrieval services.

Total Downtime Hours (per Month) Not Greater Than

Payment Factor
5 .0	100 .0%
10 .0	90 .0%
15 .0	82 .0%
20 .0	75 .0%
25 .0	68 .0%
30 .0	62 .0%
35 .0	56 .0%
40 .0	50 .0%
45 .0	43 .0%
50 .0	37 .0%
55 .0	31 .0%
60 .0	25 .0%
65 .0	18 .0%
70 .0	12 .0%
75 .0	6 .0%
over 80 .0	0 .0%

(b) Downtime will be measured on a monthly basis as follows:

(1) Where the Contractor's system is unavailable to all the subscriber's users, downtime hours (or fractions thereof) occurring during the period 8:00 A.M. through 12:00 Midnight, Eastern time, Monday through Friday (excluding Federal Government holidays), shall be computed as follows: each hour (or fraction thereof) of actual downtime shall be multiplied by a factor of five (5) to determine the "Total Downtime Hours."

(2) On a daily basis, where any individual subscriber is denied access (e.g., blocked calls or busy signals) to the Contractor's system when the system is operative (during the required "availability" time), one (1) downtime hour shall be accumulated for each user denied access.

Total down time hours shall be the sum of paragraphs (1) and (2) above.

(c) If a payment factor of 0% to 90% is applied, such payment shall not be construed to be a waiver of any rights the Government may have pursuant to the "Default" clause (see Section I).

F.5.	(FAR 52.242-15) STOP-WORK ORDER. (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either -

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and,

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

SECTION G - CONTRACT ADMINISTRATION DATA

The following abbreviations and acronyms are used in this section and in working with FEDLINK to administer LC/FEDLINK agreements:

BOA	Basic Ordering Agreement	FFO	FEDLINK Fiscal Operations

C&L	LC Contracts & Logistics	FNO	FEDLINK Network Operations

CBD	Commerce Business Daily	FSD	LC Financial Services Directorate

COTR	Contract Officer's Technical	FY	Fiscal Year

Representative	IAG	Interagency Agreement

DO	Delivery Order (transfer pay)	LC	Library of Congress

FAR	Federal Acquisition Regulation	NTE	Not to Exceed

PO	Purchase Order (direct pay)

G.1.	LC/FEDLINK BASIC ORDERING AGREEMENTS.

G.1.1.	Basic Ordering Agreements.

The contractual vehicle issued as a result of this solicitation shall be a Basic Ordering Agreement (BOA) pursuant to FAR 16.7 The BOA is a result of a public advertisement to solicit vendors to provide database retrieval services necessary for the members in the FEDLINK program BOAs are negotiated to achieve the lowest possible price and most favorable terms and conditions using the procedures followed by the Library of Congress. Vendor sales volume is considered to be an important element to achieve maximum discounts in each BOA.

G.1.2.	Modification Instructions.

(a)	Addition of Services and/or Changes to BOA. For the life of the BOA, the vendor shall offer no services other than those specified in this BOA unless specific application is made to LC C&L to modify this BOA 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 BOA by modification. Submit requests for approval to modify the BOA to:

The Library of Congress

Contracts & Logistics Services

Attn: FEDLINK

1701 Brightseat Road

Landover, MD 20785-3799

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

G.1.3.	Correspondence with FEDLINK Members.

Any vendor correspondence, announcements, notification of offering, etc. that reference services offered through the LC/FEDLINK BOA shall be submitted to LC/FEDLINK for approval. Submit correspondence, prior to release, for approval to:

FEDLINK Fiscal Operations

ATTN : Vendor Services Coordinator

The Library of Congress

101 Independence Ave., SE

Washington, D.C. 20540-4935

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

G.2.1.	FEDLINK Services.

The FEDLINK program provides both contracting and accounting support to federal agencies and organizations authorized to use federal sources of supply. Such offices are termed "members" of FEDLINK. LC/FEDLINK charges members a fee for participating in FEDLINK.

G.2.2.	Registration.

Members indicate their intent to use LC/FEDLINK BOAs, choose whether they intend to transfer service dollars to LC, and establish the funding level for their services by submitting an annual FEDLINK registration form. Prospective members may register any time during the fiscal year until a cutoff date specified by FEDLINK.

G.2.3.	Interagency Agreements.

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

G.2.4.	Copy of BOA.

Upon written request of the member or the member's authorized representative, the vendor shall provide a member who uses the vendor's services with at least one copy of the vendor's current LC/FEDLINK BOA. BOA copies supplied shall be identical to the signed original.

G.2.5.	Service Options.

(a)	Transfer Pay. Under the transfer pay option, a member transfers both FEDLINK administrative fees and estimated annual service dollars to LC via the signed IAG. On behalf of the member LC/C&L issues a delivery order to the vendor in the amount specified on the IAG. After receiving the delivery order, the vendor provides service to the member and submits the member's invoices to FEDLINK. FEDLINK reviews the invoices, rejects improper ones, and pays acceptable ones from the member's account. FEDLINK sends the member copies of rejected invoices, copies of all paid invoices, and a regular account statement. The member reviews the invoices and reports any irregularities to FEDLINK, who resolves them with the vendor. Transfer pay processes are described in detail below.

(b)	Direct Pay. Under the direct pay option, a member transfers FEDLINK administrative fees to LC and receives authorization to use an LC/FEDLINK BOA, but does not transfer service dollars to LC. Instead, the member generates a local purchase order made out to the vendor and returns both the signed IAG and the purchase order to LC. When the signed IAG and purchase order are received, LC/C&L generates an authorization to provide service under the LC/FEDLINK BOA and forwards the authorization and the member's purchase order to the vendor. The vendor provides service and invoices the member directly against the local purchase order. Copies of purchase order modifications must also be forwarded to the vendor through LC/C&L. Direct pay processes are described in detail below.

(c)	Vendor Option. The vendor is required to offer the transfer pay option to FEDLINK members. The vendor is not required to make services available under the direct pay option.

G.3.	TRANSFER PAY ACCOUNTS.

G.3.1.	Initiating Transfer Pay Service.

(a)	Delivery Order. LC/C&L issues a delivery order to the vendor for each FEDLINK member using the vendor's service in the transfer pay mode under the LC/FEDLINK BOA. LC/C&L may also issue delivery order modifications that reflect amendments to members' IAGs - to change services or adjust funding levels, for example. Upon receipt of the official LC delivery order the vendor may begin service for the member under the terms of the current BOA. The vendor shall not begin, renew, cancel, or convert to the LC/FEDLINK BOA any service for any FEDLINK member until a delivery order for that member for that service for the current fiscal year has been received. The vendor shall not provide services to the member in excess of the "not to exceed" (NTE) dollar amount indicated on the original delivery order or as amended by any delivery order modification. The Government 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, 1999 and each subsequent September 30 for each option year exercised.

(b)	Order Acceptance and Notification. Within ten working days of receipt of delivery order from LC/C&L, the vendor shall inform FEDLINK Fiscal Operations (FFO) in writing of any account identification or user identification the vendor has assigned to the member. This notification indicates acceptance of the order. Upon accepting the order, the vendor shall contact the member immediately to begin service. If the vendor refuses to accept an order, the refusal shall be noted on the delivery order and the delivery order returned to LC/C&L within ten days. Send member identification to the following address:

FEDLINK Fiscal Operations

Attn: Vendor Services Coordinator

The Library of Congress

101 Independence Ave., SE

Washington, DC 20540-4935

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

G.3.2.	General Invoice Instructions.

FEDLINK's transfer pay accounting service is intended to help FEDLINK members manage the Government funds entrusted to them legally, efficiently, and effectively. FEDLINK simplifies processing and achieves economies of scale for both members and vendors. But 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 member 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.

G.3.3.	Invoice Information.

The vendor shall supply the following information on all invoices:

(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)	Member identification:

•	FEDLINK ID

•	Name and address of agency using service.

(3)	Order information:

•	Invoice number.

•	Invoice date in mm/dd/yy format.

•	Order date or period of performance in mm/dd/yy 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 members, 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 BOA (such as evidence of shipment).

(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.

(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 date of the delivery order, 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 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.

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

G.3.4.	Invoice Types.

(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.)

(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.

(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 as described in Section C.2.1.(d), or in print form, as appropriate. Computer- readable usage data supplements, but does not replace, invoice information. FEDLINK is working towards electronic invoicing, with its attendant security requirements, as described below. The vendor may provide computer-readable usage data on diskette or, preferably, through Internet file transfer protocol.

(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 member'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 member'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.

(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)	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.

(g)	Electronic Invoicing. As FEDLINK expands the capabilities of its automated accounting system, it may be possible to accept invoice data electronically, on diskette or 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.

G.3.5.	Invoice Submission.

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

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

(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.

(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).

(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. Invoices printed on continuous paper sets shall be stripped of letter edge perforation guides. Invoices shall be stripped of any interleaved carbon inserts.

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

FEDLINK Fiscal Operations

ATTN: Invoice Processing

The Library of Congress

101 Independence Ave. SE

Washington, DC 20540-4935

G.3.6.	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.

(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 subparagraph G.3.7 of this clause. 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.

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

(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.

(d)	Electronic Funds Transfer (EFT) (FAR 52.232-33, AUG 1996). 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 C&L 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.

(e)	Remittance Advice. FFO shall provide the vendor contact identified in this BOA 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.

G.3.7.	Interest Penalty Payments.

(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.

(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 Board 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.

(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.

(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.

(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.

G.3.8.	Contract Financing Payments.

(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.

(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.

(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.

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

G.4.	DIRECT PAY ACCOUNTS.

G.4.1.	Initiating Direct Pay Service.

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

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

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

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

G.4.2.	Invoice Payment for Direct Pay Customers.

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

G.5.	FEDLINK SERVICES TO VENDORS.

G.5.1.	Publicity.

LC/FEDLINK shall inform FEDLINK members 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.

G.5.2.	Mailing Lists.

A mailing list of FEDLINK members can be provided to the vendor upon written request to the address below. The vendor shall pay for costs associated with providing the FEDLINK mailing list.

The Library of Congress

Chief, Office Systems Services

Madison Bldg, Rm 612

101 Independence Ave., SE

Washington, DC 20540-9440

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1. CONDUCT OF WORK.

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

H.2. REPORTING REQUIREMENTS.

H.2.1. QUARTERLY SUMMARY OF ALL USER ACTIVITY.

H.2.1.1. Report.

The vendor shall submit quarterly the agency name and total dollars obligated for the services provided under this BOA. The vendor may use the FEDLINK Quarterly Summary Report Form as attached (Section J.2.) or develop a computerized report as long as it provides the information identified below. Reports in machine-readable form are encouraged. To facilitate FEDLINK reporting of usage, the report shall be sorted according to payment option (direct and transfer) customer and shall provide the following information:

•	Reporting period - fiscal year, months

•	Agency name

•	IAG number

•	FEDLINK ID

•	Current quarterly dollars expended for each customer

•	Fiscal year cumulative dollars expended

•	Payment option - transfer or direct

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

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

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

H.4. NEWS RELEASES.

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

H.5. OPTIONS.

H.5.1. This BOA is renewable upon mutual agreement of the parties prior to expiration of the BOA term. If this option for renewal is exercised, the BOA as renewed shall be deemed to include this option provision.

H.5.2. The Government shall give the contractor preliminary notice of its intention to negotiate renewal of the BOA for the following contract year in the same time frame the solicitation for the new contract year period is issued. Failure to respond to the renewal notice from this office in this time frame will require the offeror/contractor to submit a complete response to the new solicitation by the required closing date. If the contractor chooses to respond, certifications shall be submitted to the Government in accordance with the requirements of the renewal notice.

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

H.6. TECHNOLOGY REFRESHMENT.

Technology improvements during the life of the BOA may be incorporated to take advantage of new technology and to keep the product line refreshed for the users.

H.6.1. After award of the BOA, the Government may solicit, and the contractor is encouraged to propose independently, technology improvements to the specifications or other requirements of the contract. These changes may be proposed to save money, to improve performance, to save energy, to satisfy increased data processing requirements, or for any other purpose which presents a technological advantage to the Government. If the proposed changes are acceptable to both parties, the contractor shall submit a proposal to the LC contracting officer for evaluation within 30 days unless an alternative time is mutually agreed to by both parties. Those proposed technology improvements that are acceptable to the Government will be processed as modifications to the contract, subject to the availability of funds.

H.6.2. This clause applies only to those proposed changes identified by the contractor, as a proposal submitted pursuant to the provisions of this clause. As a minimum, the following information shall be submitted by the contractor with each proposal:

H.6.2.1. A description of the difference between the existing BOA requirements and the proposed change, and the comparative advantages and disadvantages of each; a complete description of any new services proposed and a copy of the contractors commercial rates for those services.

H.6.2.2. Itemized requirements of the BOA which must be changed if the proposal is adopted, and the proposed revision to the contract for each such changes;

H.6.2.3. An estimate of the changes in performance and cost, if any, that will result from adoption of the proposal; and

H.6.2.4. A statement of the time by which the contract modification adopting the proposal must be issued so as to obtain the maximum benefits of the changes during the remainder of the BOA. Also, any effect on the contract completion time or delivery schedule shall be identified.

H.6.3. Technology refreshment proposals submitted to the LC contracting officer shall be processed expeditiously. The Government shall not be liable for proposal preparation costs or any delay in acting upon any proposal submitted pursuant to this clause. The contractor has the right to withdraw, in whole or in part, any proposal not accepted by the Government within the period specified in the proposal. The decision of the contracting officer as to the acceptance of any such proposal under this contract shall be final and shall not be subject to the "Disputes" clause of this contract.

H.6.4. The contracting officer may accept any technology refreshment proposal submitted pursuant to this clause by giving the contractor written notice thereof. This written notice shall be given by issuance of a modification to this BOA. Unless and until a modification is executed to incorporate a technology refreshment proposal under this BOA, the contractor shall remain obligated to perform in accordance with the terms of the existing contract.

H.6.5. The contractor is requested to identify specifically any information contained in the technology refreshment proposal which the contractor considers confidential and/or proprietary and which the contractor prefers not be disclosed to the public. The identification of information as confidential and/or proprietary is for information purposes only and shall not be binding on the Government to prevent disclosure of such information. Offerors are advised that such information may be subject to release upon request pursuant to the Freedom of Information Act (5 USC 552).

SECTION I - CONTRACT CLAUSES

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER	DATE	TITLE

52.202-1	OCT 1995	DEFINITIONS

52.203-3	APR 1984	GRATUITIES

52.203-5	APR 1984	COVENANT AGAINST CONTINGENT FEES

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

52.203-7	JUL 1995	ANTI-KICKBACK PROCEDURES

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

52.203-10	JAN 1997	PRICE OR FEE ADJUSTMENT FOR ILLEGAL

OR IMPROPER ACTIVITY

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

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

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

52.213-2	APR 1984	INVOICES

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

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

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

52.215-14	OCT 1997	INTEGRITY OF UNIT PRICES

52.215-19	OCT 1997	NOTIFICATION OF OWNERSHIP CHANGES.

52.217-8	AUG 1989	OPTION TO EXTEND SERVICES

52.219-8	JUN 1997	UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS CONCERNS

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

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

52.222-20	DEC 1996	WALSH- HEALEY PUBLIC CONTRACTS ACT

52.222-26	APR 1984	EQUAL OPPORTUNITY

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

52.222-36	APR 1984	AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS

52.222-37	APR 1998	EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA.

52.223-2	JAN 1984	CLEAN AIR AND WATER

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

52.223-6	JAN 1997	DRUG-FREE WORKPLACE

52223-14	OCT 1996	TOXIC CHEMICAL RELEASE REPORTING.

52.225-3	JAN 1994	BUY AMERICAN ACT -- SUPPLIES

52.227-1	JUL 1995	AUTHORIZATION AND CONSENT

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

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

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

52.230-2	APR 1998	COST ACCOUNTING STANDARDS

52.232-1	APR 1984	PAYMENTS

52.232-8	MAY 1997	DISCOUNTS FOR PROMPT PAYMENT

52.232-11	APR 1984	EXTRAS

52.232-17	JUN 1996	INTEREST

52.232-18	APR 1984	AVAILABILITY OF FUNDS

52.232-23	JAN 1986	ASSIGNMENT OF CLAIMS

52.232-33	AUG 1996	MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT

52.232-34	AUG 1996	OPTIONAL INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT

52.233-3	AUG 1996	PROTEST AFTER AWARD

52.237-3	JAN 1991	CONTINUITY OF SERVICES

52.242-13	JUL 1995	BANKRUPTCY

52.243-1	AUG 1987	CHANGES -- FIXED-PRICE

52.244-5	DEC 1996	COMPETITION IN SUBCONTRACTING

52.245-2	DEC 1989	GOVERNMENT PROPERTY

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

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

52.253-1	JAN 1991	COMPUTER GENERATED FORMS

(End of Clause)

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

the Library of Congress (SEP 1996)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

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

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

(End of Clause)

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

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

(a) Invoice Payment.

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

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

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

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

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

( i ) Name and address of the contractor.

(ii) Invoice date.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) Contract Financing Payments.

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

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

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

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

(End of Clause)

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

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

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

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

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

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

(A) Exceeding $100,000; or

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

I.6. (FAR 52.214-35) SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected.

(End of provision)

I.7. (FAR 52.252-2) CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http:// www.arnet.gov /far

(End of Clause)

SECTION J - LIST ATTACHMENTS

J.1. Attachment 1 as referenced in Section C. 2.4.a.

BASIC LC/FEDLINK

LICENSING AGREEMENT FOR

ELECTRONIC PUBLICATIONS

AND INFORMATION SERVICES

THIS AGREEMENT is between __________________________________________ "Licensee", a member 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) clauses: FAR 52.233-1, Disputes; FAR 52.249-2, Termination for the Convenience of the Government (Fixed-Price); and FAR 52.249-8, Default (Fixed Price Supply and Service). 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 Basic Ordering Agreement (BOA) 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 laws of the state of _____________________. The federal or state 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 LC Contracts and Logistics Services, FEDLINK Contracting Officer, at 1701 Brightseat Road, Landover, MD 20785-3799.

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:

__________________________________

(Signature)

__________________________________

(Name)

__________________________________

(Title)

__________________________________

(Date)

Licensor:

__________________________________

(Signature)

__________________________________

(Name)

__________________________________

(Title)

__________________________________

(Date)

J.2. Attachment 2 as referenced in Section H.2.1.1.

FEDLINK QUARTERLY SUMMARY REPORT

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

Address:	_____________________________________	Period of Performance: ________________________________

_____________________________________

_____________________________________

INTERAGENCY	CURRENT	FISCAL YEAR	TRANSFER (T)

AGREEMENT	FEDLINK	QUARTERLY	CUMULATIVE	OR

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

___________________________________	__________________	_________	_________________	____________________

___________________________________	__________________	_________	_________________	____________________

___________________________________	__________________	_________	_________________	____________________

___________________________________	__________________	_________	_________________	____________________

___________________________________	__________________	_________	_________________	____________________

___________________________________	__________________	_________	_________________	____________________

___________________________________	__________________	_________	_________________	____________________

Prepared by: __________________________________	Date:_________________

Title: __________________________________

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

K.1. (FAR 52.203-2) CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

(APR 1985)

(a) The offeror certifies that--

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

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

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

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

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

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

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

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

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

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

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

(End of Provision)

K.2. (FAR 52.203.8) CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY. (JAN 1997)

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

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

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

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

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

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

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

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

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

(End of Provision)

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

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

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

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

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

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

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

(End of provision)

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

.(a) Definitions

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

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

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

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

(c) Taxpayer Identification Number (TIN).

( )	TIN:_____________________.

( )	TIN has been applied for.

( )	TIN is not required because:

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

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

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

( )	Other. State basis.______________________

(d) Corporate Status.

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

( )	Other corporate entity;

( )	Not a corporate entity:

( )	Sole proprietorship

( )	Partnership

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

(e) Common Parent.

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

( )	Name and TIN of common parent:

Name_______________________________

TIN________________________________

(End of Provision)

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

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

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

(End of provision)

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

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

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

(1) Company name .

(2) Company address. .

(3) Company telephone number. .

(4) Line of business. .

(5) Chief executive officer/key manager. .

(6) Date the company was started. .

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

(8) Company affiliation. .

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

(End of provision)

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of provision)

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

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

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

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

(End of provision)

K.10. (FAR 52.215-6) PLACE OF PERFORMANCE (OCT 1997)

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

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

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

Place of Performance	Name and Address of Owner

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

State, Zip Code)	or Facility if Other than

Offeror or Quoter

______________________________	_______________________________

______________________________	_______________________________

______________________________	_______________________________

______________________________	_______________________________

(End of Provision)

K.9. (FAR 52.219-1) SMALL BUSINESS PROGRAM REPRESENTATIONS. (FEB 1998)

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

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

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

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

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

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

(c) Definitions.

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

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

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

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

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

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

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

(d) Notice.

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

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

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

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

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

(End of Provision)

K.10. (FAR 52.222-21) CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984)

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

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

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

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

(2) Retain the certifications in the files; and

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

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR

CERTIFICATIONS OF NONSEGREGATED FACILITIES

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

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

(End of Provision)

K.11. (FAR 52.222-22) PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984)

The offeror represents that--

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

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

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

(End of Provision)

K.12. (FAR 52.222-25) AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that--

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

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

(End of Provision)

K.13. (FAR 52.223-1) CLEAN AIR AND WATER CERTIFICATION (APR 1984)

The Offeror certifies that--

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

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

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

(End of provision)

K.14. (FAR 52.223-13) CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING

(OCT 1996)

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

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

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

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

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

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

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

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

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

(End of provision)

K.15. (FAR 52.225-1) BUY AMERICAN CERTIFICATE (DEC 1989)

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

Excluded End Products	Country Of Origin

_________________________________	________________________________

_________________________________	________________________________

_________________________________	________________________________

(List as necessary)

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

(End of Provision)

K.16. PARENT COMPANY AND IDENTIFYING DATA

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

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

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

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

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

Parent Company (Include ZIP Code)	Identification Number

__________________________________	______________________________

___________________________________	______________________________

___________________________________	______________________________

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

_________________________________________________________.

K.17. PERIOD FOR ACCEPTANCE OF OFFER

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

K.18. AUTHORIZED NEGOTIATORS

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

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

K.19. ADDRESS TO WHICH PAYMENT SHOULD BE MAILED

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

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

K.20. MOST FAVORED CUSTOMER PRICE

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

K.21. FACSIMILE NUMBER

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

FAX NUMBER :

K.22.	E-MAIL ADDRESS

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

E-MAIL ADDRESS:

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

SIGNATURE:	_________________________________________________________________

TITLE:	_________________________________________________________________

DATE:	_________________________________________________________________

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

Abbreviations used in this section:

BOA	Basic Ordering Agreement

C&L	LC Contracts & Logistics

CFR	Code of Federal Regulations

CLIN	Contract Line Item Number

COTR	Contract Officer's Technical Representative

FAR	Federal Acquisition Regulation

FFO	FEDLINK Fiscal Operations

FNO	FEDLINK Network Operations

LC	Library of Congress

RFP	Request for Proposal

SOW	Statement of Work

TRP	Technical Review Panel

L.1.	FAR PROVISIONS.

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

http:\\www.arnet.gov/far

(End of provision)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER	DATE	TITLE

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

52.215-1	OCT 1997	Instructions to Offerors - Competitive

L.1.2.	Type of contract (FAR 52.216-1 APR 1984). The Government contemplates award of a Basic Ordering Agreement resulting from this solicitation and reserves the right to make multiple awards.

L.1.3.	Service of Protest (FAR 52.233-2 AUG 1996).

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

Contracting Officer:	Joan McCoy

Hand-Carried Address:	The Library of Congress

Contracts and Logistics Service

1701 Brightseat Road

Landover, MD 20785

Mailing Address:	The Library of Congress

Contracts and Logistics Service

1701 Brightseat Road

Landover, MD 20785-3799

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

L.2.	INTRODUCTION.

L.2.1.	Basic Requirements. Your proposal shall contain a response to each of the items identified below. The proposal shall be complete, sufficiently detailed, and specific to enable LC to arrive at a sound determination of whether you have demonstrated a thorough understanding of the LC/FEDLINK requirements for information retrieval services and will be able to provide services to FEDLINK members in accordance with the requirements of the RFP and resulting BOA. General statements that you understand, can, or will comply with the requirements of the RFP, or paraphrasing of the RFP SOW will not be sufficient.

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

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

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

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

•	Include a table of contents for each volume.

•	Number pages.

•	Make margins 1" all around.

•	Make text no smaller than 12 point type.

•	Double space printing.

•	Do not include classified material.

•	Identify any commercial material (catalogs, brochures, documentation, training materials, etc.) with "RFP 98-2" and your company name.

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

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

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

(a)	Certification of Exclusions. Sign the certification that no products/services listed as exclusions in the SOW will be provided under the award from this solicitation.

(b)	Contract Line Item Numbers (CLINs). Pricing shall conform to the contract line item numbers (CLINs) identified in Section B. As required in the SOW, provide a narrative description of any pricing scheme based on units other than those established in Section B as part of the Technical response. It is important that pricing formulas be clear and easy for members to apply. Provide your most recent financial statement or other evidence of financial capability (i.e., letter of credit from a bank.)

(c)	Discount from Commercial Pricing. Include with each price an indication of the percent discount from commercial rates represented by the offer to LC/FEDLINK. If possible, provide the overall discount off commercial rates represented by the offer to LC/FEDLINK. Include copies of commercial price lists as supplemental information in order to demonstrate that your pricing structure is fair and reasonable.

(d)	Electronic Access to Prices. Describe how FEDLINK customers will get electronic access to your FEDLINK pricing. (details described in section C)

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

L.3.4.	Section F - Deliveries or Performance. Review Section F and initial your concurrence at the bottom right corner of page F-1.

L.3.5.	Section G - Contract Administration Data. Review Section G and initial your concurrence at the bottom right corner of page G-1.

L.3.6.	Section H - Special Contract Requirements. Review Section H and initial your concurrence at the bottom right corner of page H-1.

L.3.7.	Section I - Contract Clauses. Complete all Section I certifications.

L.3.8.	Section K - Representations, Certifications, and Other Statements of Offerors.

Complete all Section K certifications and provide necessary signatures. Provide additional documents and certifications required by Section K.

L.3.9.	Corporate Financial Statement. Provide the company's latest corporate financial statement.

L.4.	VOLUME 2 - TECHNICAL. The Technical response shall demonstrate your understanding of the Information Retrieval Services described in the SOW and your capability to provide these products and services to FEDLINK members. The Technical response shall address the subjects listed below, in the order given below. Submit four print copies of the Technical response. The maximum length of this volume is 30 pages.

L.4.1.	Technical Description. Follow the outline of the SOW to describe the electronic databases/publications, document delivery services, associated print publications, and/or specialized electronic publications being offered. You may submit standard commercial materials to describe your products/services, and supplement them as necessary by narrative specific to the SOW. Cross references from your narrative response to your commercial materials will assist the evaluators. Products or services, or terms and conditions in your commercial materials that are out of scope of this RFP or that conflict with any of the provisions herein will not be considered part of your proposal and will not become part of the agreement resulting from this RFP.

L.4.2.	License Agreements. Indicate which of the following options you prefer: 1) not to require customers to sign a license at all; 2) to adopt the LC/FEDLINK basic license; 3) to incorporate some of the terms or language from the basic license into your standard license agreement; or, 4) to use your standard license agreement for federal customers. Provide copies of any license agreements you propose to use for FEDLINK customers.

Describe how your license(s) will meet the needs of FEDLINK customers as discussed in Section C.2.4. For areas where your license(s) differ from the LC/FEDLINK basic license, explain why the language of the basic is unacceptable and describe how the terms you propose instead will meet the needs of FEDLINK customers.

L.4.3.	Prices and Discounts. If your pricing or discount scheme does not follow the CLINs established in Section B, provide a narrative description of your approach. Do not include the prices themselves in the Technical response.

L.4.4.	Usage Data. Provide a sample diskette with usage data for customers as described in Section C. If you anticipate that your sales through FEDLINK will be $100,000 or more, you are required to provide usage data for customers or to justify why usage data should not be required of your company.

L.4.5.	Year 2000 Compliance. Provide information regarding how your company is undertaking

Year 2000 Compliance as described in Section C.2.5.

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

L.5.1.	Chapter 1 - Management.

(a)	Working with Members. Describe your approach for working with the federal libraries, information centers and other offices that acquire information retrieval services through FEDLINK.

(b)	Working with LC/FEDLINK. Describe your approach for working with LC/FEDLINK, particularly regarding: BOA modification, establishing customer-specific services under Lot 4 (as appropriate), IAGs, transfer pay and direct pay service, delivery orders and purchase orders, and invoicing. Identify your organization structure showing where your FEDLINK point-of- contact fits.

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

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

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

(f)	Samples. Provide a sample invoice that shows the required elements described in Section G. Provide a sample of the summary activity report described in Section H.

L.5.2.	Chapter 2 - Corporate Experience. Describe your corporate history and experience with specific emphasis on your experience in the field of information retrieval services, your experience in managing contracts similar to the FEDLINK program, and your experience in handling Government contracts. This information is required in writing.

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

(b)	Past Performance. Your past performance will be assessed on the basis of evidence of competent and successful experience in a procurement of the same or similar nature.

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

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

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

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

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

(e)	General Personnel - for production and delivery of the electronic publications and services offered under this proposal.

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

L.5.5.	License Agreements. If your technical and management understanding and approach are acceptable, the panel will inform you whether a discussion focusing on the license agreements for your products/services will be necessary.

L.6.	FORMS. The following forms are provided to assist you in your proposal.

L.6.1.	Vendor ID and Contact Form. Complete this form and submit it with Volume 3 - Management.

L.6.2.	Proposal Checklist. Complete this checklist and submit it as the first page of Volume 1.

VENDOR ID AND CONTACT FORM

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

VENDOR ID:

Company:	_____________________________________________________________________

Address:	_____________________________________________________________________

City:	________________________	State:	______ Zip: _______________

Phone:	__________________________	E-Mail:	___________________________

Fax:	__________________________	www:	___________________________

800 Number:	__________________________

LC/C&L CONTACT FOR NEGOTIATION:

Name, Title:	_____________________________________________________________________

Phone:	__________________________	E-Mail:	___________________________

Fax:	__________________________

LC/C&L CONTACT FOR CONTRACT ADMINISTRATION:

Name, Title:	_____________________________________________________________________

Phone:	__________________________	E-Mail:	___________________________

Fax:	__________________________

FFO CONTACT:

Name, Title:	_____________________________________________________________________

Phone:	__________________________	E-Mail:	___________________________

Fax:	__________________________

FNO / COTR CONTACT:

Name, Title:	_____________________________________________________________________

Phone:	__________________________	E-Mail:	___________________________

Fax:	__________________________

MEMBER CONTACT:

Name, Title:	_____________________________________________________________________

Phone:	__________________________	E-Mail:	___________________________

Fax:	__________________________

PROPOSAL CHECKLIST

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

VENDOR NAME: ________________________

Volume 1 - Costs and Certifications (3 Copies)

____	Proposal Checklist

____	Section A

____	Section B and commercial price list

____	Section C

____	Section F

____	Section G

____	Section K and attachments

____	Section I

____	Latest corporate financial statement

Volume 2 - Technical (4 copies)

____	Technical response with commercial material as appropriate

____	Usage data sample or justification

Volume 3 - Management (4 copies)

____	Management description with sample invoice and summary activity report

____	Corporate experience description with examples of similar experience

____	Personnel description

____	Facilities description

____	Vendor ID and Contact Form

This is the last page of the solicitation.