MODIFICATION
R -- LEGAL ASSISTANCE
- Notice Date
- 4/21/2006
- Notice Type
- Modification
- NAICS
- 541110
— Offices of Lawyers
- Contracting Office
- Library of Congress, Contracts Services, Contracts Section, 101 Independence Ave SE LA-325, Washington, DC, 20540-9411
- ZIP Code
- 20540-9411
- Solicitation Number
- RFQOSI20060059
- Response Due
- 5/1/2006
- Archive Date
- 5/16/2006
- Description
- STATEMENT OF WORK FOR LEGAL ASSISTANCE This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Background In December 2000, the U.S. Congress passed legislation establishing the National Digital Information Infrastructure and Preservation Program (NDIIPP) in the Library of Congress, under the direction of the Office of Strategic Initiatives (OSI). The legislation charges the Library to lead a planning effort for the long-term preservation of digital content and to capture current digital content. In doing so, the Library is to work collaboratively with representatives of other federal, research, non-profit, philanthropic, library and business organizations. On behalf of the Library, OSI has already entered into collaborative relationships with a number of such ?partners? already, using cooperative agreements as the legal vehicle. OSI is now entering Phase II of the program and is preparing to launch several new sets of cooperative agreements. It is seeking legal assistance to draft and negotiate the agreements. More information about NDIIPP and the existing partnerships can be found at www.digitalpreservation.gov. The first program announcement was released in August 2002, and established an initial set of partnerships that assists the Library in selecting, collecting, and archiving valuable digital content for which no analog-equivalent exists. The Library and partners began to develop a base of experience to deal with at-risk digital content. The work undertaken not only identified and collected digital content, but also defined the roles and responsibilities and scope of effort among network partners. The next step is to broaden the network partnerships and to expand the Library?s collaborative efforts into several new areas. Four separate areas of new investment are being targeted. OSI, on behalf of the Library, intends to enter into approximately four new cooperative agreements under each of the following programs to pursue collaborative arrangements to include the following goals: 1. Commercial Content Providers Partnership Agreements (a.k.a., ?Preserving Creative America?) ? The goal is to solve major obstacles that affect the preservation of digital commercial content: a. Establish relationships with content owners and/or distributors. b. Seek permissions and clear rights for managing content under copyright. c. Develop and fulfill collaborative work plans and cost sharing rules for a variety of projects. d. Develop joint and/or shared collection responsibilities with other collecting partners in the network throughout the content life cycle. e. Use partner relationships to expand the content collecting network. 2. State Archive Partnership Agreements: The goal is to create shared multi-state archives for state digital records to collaborate with the private technology sector: a. Identify, test, develop, and evaluate tools and technical infrastructure components to support digital preservation and stewardship. b. Build or extend collaborative arrangements to explore and share standards, models, and best practices associated with digital preservation. c. Establish distributed methods to capture and sustain significant digital information, especially information important to national and state legislative policy makers. d. Share and implement broadly applicable standards, models, and best practices among stakeholders in a distributed digital preservation network. 3. Technical Architecture Partnership Agreements: The goal is to form collaborative arrangements to build foundations for a national digital preservation technical infrastructure: a. Encourage models for multi-state storage of critical government information for preservation, business continuity, and disaster recovery. b. Support projects with concrete, demonstrable results that can be shared among network participants. In addition, OSI seeks to amend the eight (8) existing Digital Preservation Cooperative Agreements to extend the terms of the agreements and expand the work of the existing partnerships into new areas. Scope of Work The Library of Congress seeks expert legal assistance to draft and negotiate the cooperative agreements described above. Partners will be chosen through a variety of vehicles. The first task is to utilize the form from the existing cooperative agreements and create a shorter streamlined draft form agreement that can be used for all new cooperative arrangements. The draft form agreement should accommodate the insertion of provisions appropriate to the three programs described above. Individualized draft agreements will be created for each partnership arrangement. Work will include meetings and conference calls with each successful applicant to explain the nature of the Library?s cooperative agreements, and to negotiate the details of the agreement with each prospective partner. We anticipate approximately twelve (12) new partnerships in addition to eight (8) amendments to existing agreements. The period of performance is April through September 2006. It is anticipated that negotiated agreements will be completed by September 30, 2006. Expert legal counsel will work with a small LC team and will include a copyright expert and a contract lawyer from the Library?s Office of General Counsel. In addition, the Library seeks assistance to create a not-for-profit foundation, which will accept financial contributions for NDIIPP. Selection Criteria The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 1. Knowledge of laws, regulations, policy and procedures in the areas of: a. Technology Transactions, b. Intellectual Property, and c. Grants and Government Contracting. Give examples of previous work completed in the above areas within the past three years. 2. The ability to staff the work efficiently and appropriately. Identify the attorneys/legal assistants that the offeror proposes to staff this matter with, and describe their relevant experience. Offeror to provide a current resume for each. 3. Past Performance Provide three references that used your services in the past three years. 4. Price Offerors shall provide a quotation for legal services including total costs and hourly billing rate for each attorney and legal assistant. In addition, please provide a cost breakdown per agreement. The estimated number of new agreements is twelve (12), and the number of existing agreements to be amended is eight (8). Preparation of Offers: Responses to this solicitation must be submitted in two separate volumes. Volume 1?Technical Proposal and Volume II ? Price Proposal. All offerors are required to submit a price which must include an hourly rate based upon an estimated quantity of 647 hours. Proposals must be submitted electronically via email to vmur@loc.gov and in hard copy. Hard copy proposal must be submitted with one original and two copies. Proposal are due on or before May 1, 2006. Proposals received after the due date will not be accepted. Notice to offerors: This is a full and open competitive procurement. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-07 dated February 2, 2006. The following FAR clauses apply to this solicitation, FAR 52.212-1, Instructions to Offerors ? Commercial, 52-212-2, Evaluation ? Commercial Items, and 52-212-3, Offeror Representations and Certifications ? Commercial Items, 52.212-4 Contract Terms and Conditions ? Commercial Items. 52.212-5 does not apply to this solicitation. Any questions regarding this solicitation must be submitted in writing to Valda Murfree via email at vmur@loc. The cut off date for questions is April 25, 2006. The Library reserves the right to award without discussions. All responsible sources may submit a proposal, which will be considered by the Library. PLEASE EMAIL THE CONTRACTING SPECIALIST FOR A FAXED COPY OF THE ABOVE DOCUMENT. NO PHONE CALLS PLEASE.
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