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
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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