SECTION H
SPECIAL CONTRACT REQUIREMENTS


H.1 RELEASE, PUBLICATION, AND USE OF GOVERNMENT FURNISHED DATA

No contractor shall have the right to use, release to others, reproduce, distribute, or publish any government furnished data first produced or specifically used by the contractor in the performance of this contract with prior written permissions from the Library of Congress.

H.2 INTERPRETATION OF CONTRACT REQUIREMENTS

No interpretation of any provisions of this contract, including applicable specifications, shall be binding on the Library of Congress unless furnished or agreed to in writing by the Contracting Officer.

H.3 CONTRACTOR COMMITMENTS, WARRANTIES, REPRESENTATIONS

Any written commitment by the Contractor within the scope of this contract shall be binding upon the Contractor. Failure of the Contractor to fulfill any such commitment shall render the Contractor liable under the default provisions for damages due to the Library of Congress under the terms of this contract. For the purpose of this contract, a written commitment by the Contractor is limited to the proposal submitted by the Contractor, and to specific written amendments to its proposal. Written commitment by the Contractor are further defined as including (1) any warranty or representation made by the Contractor in a proposal as to performance, (2) any warranty or representation made by the Contractor described in (1) above, made in any literature descriptions, drawings, or specifications accompanying or referred to in a proposal, and (3) any modification of or affirmation or representation as to the above which is made by the Contractor in or during the course of negotiations, whether or not incorporated into a formal amendment to the proposal.

H.4 USE OF LIBRARY OF CONGRESS NAME OR CONTRACTUAL RELATIONSHIPS IN ADVERTISING

The Contractor agrees not to refer to awards from or contracts with the Library of Congress 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 Contractor also agrees not to distribute or release any information which states or implies that the Library of Congress endorses, uses, or distributes the Contractor's product or service.

H.5 NEWS RELEASE

No news release pertaining to this contract will be made without prior agency approval, as appropriate, and then only in coordination with the Contracting Officer.

H.6 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR)

The Contracting Officer will designate, in writing, an authorized representative(s) to discharge such duties and responsibilities as may be delegated to him. The representative (s) will not have authority to change or alter any of the terms and conditions of the contract. The Contracting Officer is the sole authority to make changes in the contract. The contractor will be furnished a copy of the COTR delegation.

H.7 KEY PERSONNEL REQUIREMENTS

(A) Certain skilled experienced professional and/or technical personnel are essential for successful contractor accomplishment of the work to be performed under this contract. These are defined as "Key Personnel" and are those persons whose resumes were submitted for evaluation of the proposal. The contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) hereof.
(B) If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding thirty (30) work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.
(C) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute, and any other information requested by the Contracting Officer or needed by him to approve or disapprove the proposed substitution. The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the contractor of his approval or disapproval thereof in writing.
(D) If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the services ordered, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate, or, at the discretion of the Contracting Officer if he finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

H.8 REPRESENTATIONS AND CERTIFICATIONS

In accordance with FAR 15.406-1(b), "Representations, Certifications, and Other Statement of Offerors" (as executed by the Contractor and included in its response to the Library's Request for Proposal), are incorporated and made a part of this contract.

H.9 REQUIREMENT FOR CONTRACTOR EMPLOYEES WHOSE WORK ON THIS PROJECT REQUIRES ACCESS TO LIBRARY BUILDINGS

Personnel provided under this contract shall not be under pending charges, shall have not been convicted of any felony within the last 10 years, or any misdemeanor within 5 years, excepting minor motor vehicle infractions for which the individual paid a fine or posted collateral in the amount of $300 or less. Note that the term "conviction" would include a disposition of "probation" or "probation before judgement." Should any person employed by the contractor to perform work under this contract be convicted of any of the aforesaid offenses, the contractor agrees to remove the individual from the contract performance and return all Library building and stack passes issued to the individual. The contractor also agrees to remove from the contract performance any individual under pending charges for any felony or misdemeanor with the exceptions noted above until such time as the final disposition is known. Upon request of the Library, the contractor shall identify personnel to be assigned to work under the contract and submit a FD-258 (contractor fingerprint chart) and any other necessary administrative forms provided by the Library so that a background check may be conducted. The parties agree that the Library has final authority to determine the suitability of contractor personnel who perform work under this contract. Nevertheless, the fact that the Library may conduct background checks on assigned contractor personnel does not relieve the contractor of the responsibility to provide qualified, reliable personnel of sound character and conduct.

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