This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. This solicitation will be posted to the Federal Business Opportunity (FBO) web-site as an Unrestricted Procurement . Solicitation/synopsis reference number “216403266357” is being issued as a Request for Proposals (RFP) under FAR Part 12 – Acquisition of Commercial Items and FAR Part 13 – Simplified Acquisition Procedures. Provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-49 effective 24 JAN 2011. (1) FAR 52.212-1 (Instructions to Offerors – Commercial Items) (JUN 2008): (a) Re para (a): NAICS 517110 ; size standard is $1,500 employees. (b) Note that para (k) requires offeror to be registered with the Central Contractor Registration (CCR) database at time order is issued and throughout performance. (2) FAR 52.212-2 (Evaluation – Commercial Items) (JAN 1999): (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. (b) The Government will issue an award to the responsible contractor, with acceptable past performance, submitting the lowest priced technically acceptable offer/proposal. Contractor must provide a detailed company overview and a list of similar projects/contracts completed, with contact information, so we may determine the contractor capability/past performance in fulfilling the Government requirement. The contractor offer/proposal must also provide an overview and history of each of the music formats being offered to determine whether they will meet the Government requirement (technically acceptable). Failure to provide the required information contained in this paragraph shall be considered non-responsive. (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (d) Although a single award for all six music formats is preferred the Government reserves the right to make multiple awards if, after considering the additional costs, it is in the Government’s best interest to do so. (3) PROPOSALS MUST BE RECEIVED NO LATER THAN 2:00 PM PACIFIC STANDARD TIME FEBRUARY 25, 2011 IN ORDER TO BE CONSIDERED. Submit your cost/pricing proposal using the below or similar structure providing for the base and the four one-year options. The Statement of Work is attached. Please ensure to include your company overview, list of similar projects, AND music format overviews or your offer may be considered non-responsive. Please submit your offer/proposal by email, fax, or mail to: Mail: Defense Media Activity Contracting Office – Attn: Allen Powers 23755 “Z” Street Riverside, CA 92518 Email:
[email protected] Fax: (951) 413-2432. Note: Due to technical issues email and fax may not result in your proposal arriving before the cut-off time, please allow extra time if you’re sending your offer/proposal via electronic means. CLIN Service Description & Quote Format: See attached. (4) Proposals must include completed copy of provision at FAR 52.212-3 (Offeror Representations and Certifications – Commercial Items) (JAN 2011) or indication that reps and certs are in ORCA. Service Address: American Forces Network-Broadcast Center 23755 “Z” Street Riverside, CA 92518 This order will include the following referenced clauses which may be accessed electronically at http://farsite.hill.af.mil/farsite.html: CLAUSES INCORPORATED BY REFERENCE 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I OCT 1995 52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUL 2010 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment DEC 2010 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-4 Contract Terms and Conditions--Commercial Items JUN 2010 52.219-8 (DEV) Utilization of Small Business Concerns (DEVIATION) MAY 2004 52.219-25 (DEV) Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEVIATION) APR 2008 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-37 Employment Reports on Veterans SEP 2010 52.222-50 Combating Trafficking in Persons FEB 2009 52.222-53 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements FEB 2009 52.222-54 Employment Eligibility Verification JAN 2009 52.222-99 (Dev) Notification of Employee Rights under the National Labor Relations Act (DEVIATION 2010-O0013) JUN 2010 52.223-18 Contractor Policy to Ban Text Messaging While Driving SEP 2010 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration OCT2003 52.233-3 Protest After Award AUG 1996 52.242-13 Bankruptcy JUL 1995 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials JAN 2009 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country DEC 2006 252.225-7002 Qualifying Country Sources As Subcontractors APR 2003 252.225-7012 Preference For Certain Domestic Commodities JUN 2010 252.227-7021 Rights In Data--Existing Works MAR 1979 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports MAR 2008 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000 CLAUSES THAT WILL BE INCORPORATED BY FULL TEXT 52.0100-4028 CONTRACT CONTACT INFORMATION (DMA)(OCT 2008) 52.0100-4094 MARKING INSTRUCTIONS FOR ALL ITEMS TO INCLUDE DROP SHIP AND DIRECT SHIPMENT (DMA)(OCT 2008) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2010) (DEVIATION) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JAN 2011) 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009) 52.232-18 AVAILABILITY OF FUNDS (APR 1984) 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) 252.204-7006 BILLING INSTRUCTIONS (OCT 2005) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUN 2010) (DEVIATION) 252.237-7019 Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417) 252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631) 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631) ADDITIONAL INFORMATION: UNDERSTANDING WIDE AREA WORKFLOW – READ THESE INSTRUCTIONS TO EXPEDITE ELECTRONIC PAYMENT (a) This contract action for commercial items of supply incorporates DFARS 252.232-7003, Electronic Submission of Payment Requests. For the Department of Defense, the MANDATORY method of electronic submission of payment requests is by Wide Area Workflow (WAWF.) This means that paper invoices are not permitted and will not be processed for payment. (b) Definitions Important to the WAWF Process Acceptor: The organization or person designated in block 15 of the SF 1449 (cover page of the purchase request) who accepts the products or services tendered. The acceptor has a unique DoDAAC (Department of Defense Activity Address Code) shown in the upper right had box of block 15 that must be used to notify the acceptor that an electronic invoice is pending. DoDAAC: As stated above, an acronym for Department of Defense Activity Address Code. This code unique to each organization in the Department of Defense. Knowledge of what DoDAAC codes must be input into WAWF electronic invoices is crucial to the payment process as it alerts the acceptor that an invoice is pending for acceptance and alerts the payment office that a completed action is ready to process for payment. Payment Office: The location of the Defense Finance and Accounting Service (DFAS) office shown in block 18a of the SF 1449 that will process your electronic invoices. The payment office also has a unique DoDAAC. (c) Options within WAWF include a “combo” for supply items, a 2-in-1 invoice for service contracts and a “stand-alone” invoice. It is recommended that the use of , stand-alone invoices be avoided. The matching of “stand-alone” invoices by DFAS offices requires invoices and receiving reports be separately or individually submitted by the vendor and the receiving activity and can routinely cause lengthy delays and possible rejection because they do not appear together and therefore must be individually matched and then verified. The use of the “combo” or “2-in-1” does not present this problem and avoids the attendant delays associated with matching. Detailed instructions on how to create an invoice, as well as other topical issues, can be found at the WAWF training website at http://www.wawftraining.com . (d) A key, important, and imperative step for vendors to take is to e-mail notification to the acceptor identified in the contract in block 15 by clicking on the “Send More E-Mail Notifications” link in WAWF upon submission of the electronic invoice instrument (combo or 2-in1). This step provides notice to the acceptor of your pending invoice Self registration for the use of WAWF can be accomplished at https://wawf.eb.mil/index.html . For assistance in registering contact: 1-866-618-5988 COMMERCIAL: 801-605-7095
[email protected] Helpful training on the use of WAWF for the submission of invoices is available on line at http://www.wawftraining.com. STATEMENT OF WORK 1. STATEMENT OF WORK 1.1. The Contractor shall provide to the American Forces Network-Broadcast Center (AFN-BC), formerly the Defense Media Center (DMC) and American Forces Radio and Television Service (AFRTS), the right to use six (6), twenty-four-hour radio music formats of AFN-BC choice. Note: Non-Commercial used in this Statement of Work is an industry term used to describe the agency/entity to be serviced and has no relation to the Federal Acquisition Regulation (FAR) definition of a commercial or non-commercial item. 2. AMERICAN FORCES NETWORK-BROADCAST CENTER AND ITS OPERATION 2.1. The term American Forces Network-Broadcast Center (AFN-BC) refers to the AFN-BC Operations Center (located in Southern California) and all Department of Defense (DoD) networks, stations, outlets, ships and locations which receive, transmit, broadcast or relay by closed-circuit systems AFN-BC program material that AFN-BC provides. 2.2. Distribution of all programming is non-commercial, non-profit, and royalty-free. The service is intended strictly for use by the Department of Defense (DoD) personnel and their family members stationed overseas or on ships at sea. 3. PROGRAMS AND FORMAT UTILIZATION AND DISTRIBUTION 3.1. Provider grants AFN-BC, its Army-, Navy-, Air Force-operated affiliate stations, and its contractors and sub-contractors (such as common carriers or overseas military base cable systems) authorization to record and/or distribute the programming licensed hereunder. Distribution shall be made via satellite (preferred) and/or high-speed, reliable T1 line or comparable. Other use, in whole or in part by the AFN-BC and the DoD, is prohibited. 3.2. AFN-BC satellite distribution of material will be via addressable, scrambled, encoded, encrypted or digitized transmissions. 4. FORMAT SELECTION AND NEWS/INFORMATION/SPORTS SERVICES 4.1. AFN-BC currently has six music formats described using the following music genre formats, with the more specific industry name stated in parentheses: 1) Young Urban (Gravity) 2) Hot Adult Contemporary in a morning show format (Hot AC with Kidd Kraddick) 3) New Rock (Z-Rock) 4) (Dial Global’s Jack FM) 5) Mainstream Country 6) Trance/Techno (DriveFX) The provider will deliver continuous music services that meet the above six music genre formats, or substantially similar formats (e.g., (2) a Hot Adult Contemporary morning show comparable to Kidd Kraddick or for (4) a format similar to JackFM). Each format shall be hosted or imaged by an experienced professional Disk Jockey (DJ). 4.1.1. AFN-BC may add, delete or change formats by providing 30 days notification in advance of such action(s). However, AFN-BC agrees to carry not less than two and no more than six (6) formats at one time. Any additions, deletions or changes will be accomplished by an appropriate contract adjustment. Such contract adjustments may include prorated amounts, where appropriate. 5. NON-COMMERCIAL OPERATION Providers will assist AFN-BC in maintaining non-commercial operation. Provider shall provide cues that allow common, state-of-the-art automation equipment to preempt any or all commercial material in each music format AFN-BC is authorized to use. Music format commercial material and breaks shall be of specific, standardized lengths, which may be subject to change with not less than seven (7) calendar days notice to the AFN-BC. 6. PERFORMANCE RIGHTS 6.1. Provider shall obtain all authorizations and clearances (including all union and guild clearances and rights to music and other properties) necessary to enable it to use the programming overseas as permitted herein. 7. DELIVERY OF FORMAT MATERIAL TO AFN-BC 7.1. Provider will provide its music formats to AFN-BC with the same quality audio programming it provides to its United States commercial affiliates via a domestic satellite or direct connection, such as a T-1 circuit or equivalent service. 7.1.1. The Government expects 99.8% reliability and immediate response, over the 8,760 hours each year (i.e., under 17.5 hours total of interrupted service in a year) upon AFN-BC notification of technical difficulties. AFN-BC is a motivational factor for troops, especially in combat zones or in contingency operations. Service interruptions negatively affect morale and readiness. 7.2. Unless otherwise expressly stated herein, AFN-BC will be solely responsible for the acquisition, construction, operation and maintenance of all facilities and equipment (including, without limitation, satellite downlink dishes) necessary to receive programming. Provider shall authorize AFN-BC to obtain any equipment necessary to descramble/decode/receive a broadcast quality signal and shall assure AFN-BC continues to receive any necessary authorization to access scrambled or encoded formats. 7.3. All rights and title in and to the formats, contents, creative material and all other elements of intellectual property in the programming (other than material in the public domain) shall, except as otherwise agreed to in this contract, remain vested in provider. 7.4. Provider shall include Radio Data System (RDS) information with each music format that includes start time, song title and artist for each song played. The RDS information will be included as a data subcarrier in the music stream or an approved alternative method of delivery. 8. PROMOTION AND STATION ASSISTANCE MATERIALS 8.1 Provider shall treat AFN-BC as a full affiliate for programming licensed hereunder. All promotional, station assistance materials and prep sources supporting the several music formats and news/information talk/sports services used by AFN-BC which are generally distributed to provider’s other affiliates shall be provided to AFN-BC on the same basis. Such materials include, but are not limited to, music lists, music research, disc jockey aids, production audio, printed matter, websites, and sales aids. 8.2. Jock liners (3-5 second station identification announcements voiced by each disc jockey on each format) are central elements in music formats. Provider shall provide jock liner identification announcements for any or all of the music formats licensed hereunder and for any or all of AFN-BC manned sites upon request by AFN-BC. 9. GENERAL ASSISTANCE 9.1 Provider and the staff of its satellite music formats shall provide reasonable assistance and advice to AFN-BC on technical and programming issues related to the formats and news/information/sports services licensed hereunder. Advance notice of at least 10 days will be provided by provider to AFN-BC if any of its services require software or hardware upgrades in order to fulfill terms of requirements herein. SPECIAL CONTRACT REQUIREMENTS 1. Rights American Forces Network-Broadcast Center (AFN-BC) shall have the non-pre-emptible, though not necessarily exclusive, right to broadcast the services covered in this contract in any overseas location in which AFN-BC broadcasts. 2. Copyright Disputes If at any time during the delivery schedule or subsequent broadcast period, a dispute arises between the Contractor and a party other than AFN-BC regarding the copyrights and/or other distribution/presentation rights covered by this contract, the Contractor shall immediately notify the Contracting Officer of the name and address of the party, the nature of the dispute and all facts related to the dispute. Failure to advise the Contracting Officer of any such dispute, or continuing status or final resolution may be regarded as a breach of Contract and result in termination for default. 3. Liability 3.1. AFN-BC will incur no liability to provider for alterations to, deletions of, or additions to programs or AFN-BC schedules. 4. AFN-BC Assistance to Provider 4.1. Provider is hereby granted the right to request AFN-BC to authorize receipt and/or retransmission of the AFN-BC signal(s) by third parties outside the continental U.S. AFN-BC will authorize receipt and/or retransmission on behalf of provider on the same terms in effect for other AFN-BC programming suppliers at the time of the request. 4.2 As between provider and AFN-BC, provider shall be solely responsible for any liability resulting from misuse of the AFN-BC satellite signals/programming or hardware/software by entities provider requests to receive the programming licensed hereunder or by any entity obtaining the means of receiving/descrambling/decoding the AFN-BC signal directly or indirectly through these entities. 4.3 All third parties authorized to receive the AFN-BC signal shall be required to obtain appropriate receiving gear and decoders. 5.0 Payment 5.1 Contractor shall process invoices via Wide Area Workflow (WAWF) upon the date, or thereafter, when the initial/first programming is distributed/received IAW paragraph 3 (Programs and Format Utilization and Distribution) and paragraph 7 (Delivery of Format Material to AFN-BC) of the Statement of Work.