Document Type: Combined Synopsis/Solicitation Solicitation Number: BBG50-72-R-17-0004 Posted Date: March 27, 2017 Amended: March 28, 2017 Original Response Date: April 13, 2017 Product or Service Code: D309 - IT and Telecommunications - Information and Data Broadcasting or Data Distribution Set Aside: N/A NAICS Code: 515111 Contracting Officer Address: Broadcasting Board of Governors (BBG) Attn: Cherylynn Peters, Contracting Officer 330 Independence Avenue, SW Suite 4360 Washington, DC 20237 United States of America Notice Type: Combined Synopsis/Solicitation (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) 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 document will not be issued. A contract will be awarded using simplified acquisition procedures in FAR Part 13.5. (ii) Solicitation No. BBG50-72-R-17-0004 is issued as a request for proposals (RFP). (iii) The Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-095 effective January 13, 2017. (iv) This acquisition is unrestricted. The associated North American Industrial Classification System (NAICS) code for this procurement is 515111, with a small business size standard of $38.5 million. Statement of Work: (v) The Broadcasting Board of Governors is seeking a Cambodian news radio station to provide the services described in (vi) and (vii) below. (vi) The Broadcasting Board of Governors (BBG), International Broadcasting Bureau (IBB), Office of Strategy and Development (OSD) in Bangkok, Thailand, is seeking a news radio station (hereinafter "Network Provider") with multicity FM coverage in Cambodia in the following areas: Phnom Penh, Svay Rieng, Baray Kampong Thom, Battambang, and Kampong Cham. . The Network Provider shall broadcast on at least five (5) FM transmitters in Cambodia Radio Free Asia's Khmer radio programs from Monday to Sunday at 7:00-8:00 am and 22:30-23:30 pm local time and Voice of America's (VOA's) Khmer radio program from Monday to Sunday at 06:00-06:30 am and 20:30 - 21:30pm local time. Samples can be found here: http://www.rfa.org/khmer/ and http://www.voacambodia.com/ BBG is solely responsible for all of the BBG provided content and is authorized to produce program in any way it sees fit, so long as it does not violate the laws of Cambodia. The Network Provider shall not place advertising in or around the BBG content that promotes: - Alcoholic beverages - Tobacco products - Firearms or ammunition - Any sexually-explicit goods or services - Political parties, candidates or issues. - Extremism, terrorism or violence. The Network Provider shall not use advertising that states explicitly or impliedly any endorsement by the BBG, Voice of America (VOA), or any of its networks or grantees. The Network Provider shall supply all personnel, equipment, and transmission services to receive and rebroadcast the VOA and RFA daily programs in their entirety, without pre-emption, alteration, abridgement or excerption. However, the Network Provider shall have the right to decline to run the BBG content, so long as BBG is notified in advance of the intent and reason, and may recommend changes to program format or content. No alterations shall be made, however, without the prior written agreement of the Contracting Officer (CO), the Contracting Officer's Representative (COR) or the Alternate Contracting Officer's Representative (ACOR). Network Provider will only be paid for the original airings of the VOA/RFA programs that are run to from start to completion and to the satisfaction of the BBG. The Network Provider shall inform the BBG in advance of any planned alteration of the program's scheduled broadcast airing or other technical or administrative issues post award. The Network Provider and the BBG shall provide each other with point of contact information for notification purposes. The BBG will transmit VOA programming to the Network Provider via satellite, Internet/File Transfer Protocol (FTP), or other means. The technical details of the transmission to the network(s) and feed transmission times will be mutually agreed upon after contract award- once a Network Provider is selected by the BBG. The Provider shall identify points of contact to discuss with BBG in advance of any planned alteration of the program's scheduled broadcast airing playback or other technical or administrative issues. ORIENTATION BRIEFING: Within fifteen (15) calendar days of award, the Network Provider(s) must participate in an orientation briefing (introductory and/or kick-off meeting) with BBG. The purpose of this meeting will be to initiate the communication process between BBG and the Network Provider(s) by introducing points of contact, at least one of whom should be able to communicate in English. The Network Provider shall identify key task participants and explain their roles, review communication ground rules, and assure a common understanding of requirements and objectives. This meeting can occur via teleconference, web, Skype for business, or other medium agreed-upon by the BBG and the Network Provider POCs. (vii) The anticipated award date under this Solicitation is April 20, 2017 with the first broadcast on Monday, May 1, 2017. Duration of this proposed award shall be twelve (12) months ending April 30, 2018 Period of Performance: Date of first broadcast shall be May 1, 2017 - April 30, 2018 with four (4), one-year option year periods available to be exercised at the sole discretion of the BBG subject to the availability of funding. The subsequent options, if exercised by the BBG will follow sequentially for a total contract duration not to exceed sixty (60) months. (viii) The Federal Acquisition Regulation (FAR) provision 52.212-1 Instructions to Offerors - Commercial Items (JAN 2017) applies to this acquisition. FAR provisions and clauses may be obtained from the Internet Wed address at: http://acquisition.gov/far/index.html. Interested Offeror(s) should submit a proposal identifying capabilities as instructed in paragraph (ix) below. (ix) The provision at FAR Subpart 52.212-2 Evaluation of Commercial Items (OCT 2014) is hereby incorporated by reference into this combined synopsis/solicitation and the following evaluation procedures will be used for this acquisition. FAR provisions and clauses may be obtained from the Internet Web address at: https://www.acquisition.gov/. This requirement will be evaluated on lowest price technically acceptable as follows: BASIS FOR AWARD This procurement will utilize the Lowest Price Technically Acceptable (LPTA) source selection procedures. This is a competitive LPTA Solicitation in which price is the most important factor. By submission of its offer, the Offeror accepts all Solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. All technically acceptable offerors shall be treated equally except for their prices. Failure to meet a requirement may result in an offer being determined technically unacceptable. Offerors must clearly identify any exception to the solicitation and conditions and provide complete accompanying rationale. The Government reserves the right to make a selection based upon the initial proposals submissions and make award without discussions -the offeror should submit its best terms in the initial proposal. For the purpose of award, the government shall evaluate offers based on the evaluation factors described below: (i) Technical Proposal a. Experience - 5 years minimum in broadcasting radio programs. b. The Network Provider's technical ability to receive and broadcast the BBG content c. Capability - The selected Network Provider shall be a station with multicity FM coverage in Cambodia, with at a minimum 1KW transmitters in the following areas: Phnom Penh, Svay Rieng, Baray Kampong Thom, Battambang, and Kampong Cham. Price (for the base period and two option year periods). Please refer to Attachment B (Price Schedule): • Base Period: May 1, 2017 - April 30, 2018 • Option 1: May 1, 2018 - April 30, 2019 • Option 2: May 1, 2019 - April 30, 2020 • Option 3: May 1, 2020 - April 30, 2021 • Option 2: May 1, 2021 - April 30, 2022 The option year period is subject to the availability of funds per FAR 52.232-19. The Government shall select the awardee based upon the evaluation of the offeror's price and technical acceptability. The non-cost evaluation factors are all of equal importance. Thus, the failure to meet any one of the technical factors will prelude award to the offerors submitting the proposal. The government shall choose the lowest -priced and technically acceptable offer for award. Rejection of Unrealistic Offers: The Government may reject any proposal that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost/price when compared to Government estimates, or are unbalanced, such that the proposal is deemed to reflect an inherent lack of ability to distribute the programming. (x) Network Providers shall submit a completed copy of the provision at FAR 52.212-3, Offerors Representations and Certifications-Commercial Items with its proposal which is completed by registering in the System for Award Management (SAM) website at: https://www.sam.gov/portal/public/SAM/. This provision can be found at the following website: https://www.acquisition.gov/; if requested by a Network Provider, a copy of FAR Subpart 52.212-3 can be obtained by contacting the Contracting Officer. Network Providers must be registered in SAM prior to award. (xi) FAR 52.212-4, "Contract Terms and Conditions-Commercial Items applies to this acquisition with addendum to the clause. (xii) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items, applies to this solicitation by reference and the proposed subsequent contract as well as the following clauses contained in FAR clause 52.212-5: _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). _X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). _X (ii) Alternate I (MAR 2015) of 52.222-50 (22U.S.C. chapter 78 and E.O. 13627). _X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). _X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). _X_ (54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). FAR 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days (End of clause) FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Network Provider within 30 days from the date the contract expires provided that the Government gives the Network Provider a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two (2) years and six (6) months years. Additional FAR provisions and clauses incorporated by reference and applicable to this solicitation and the proposed subsequent contract are: 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) FAR 52.202-1 Definitions (NOV 2013) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (APR 2014) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.209-7 Information Regarding Responsibility Matters (JUL 2013) 52.217-8 Option to Extend Services (NOV 1999) 52.225-17 Evaluation of Foreign Currency Offers (FEB 2000) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (MAR 2015) FAR 52.225-25 Prohibition on Contracting with Entities Engaging Certain Activities or Transactions Relating to Iran-Representation and Certifications (Oct 2015); 52.232-18 Availability of Funds (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.233-1 Disputes (MAY 2014) 52.233-2 Service of Protest (Sept 2006) (End of clause) (xiii) In consideration of the transmission services outlined in the final contract, BBG will pay the Network Provider on a monthly or quarterly basis, subject to mutual agreement. These payments will be in arrears, within thirty (30) calendar days, upon presentation of a proper invoice. The Network Provider shall provide invoices at the end of each period for services provided during the preceding period. A "proper" invoice as outlined in FAR 32.905 shall include: (i) Name and address of the Network Provider. (ii) Invoice date and invoice number. (Network Provider should date invoices as close as possible to the date of mailing or transmission.) (iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (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, discount for prompt payment 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 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 notify in the event of a defective invoice. (viii) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.) (ix) Electronic funds transfer (EFT) banking information. (x) Any other information or documentation required by the contract (e.g., evidence of shipment). Such invoice shall accurately reflect the actual number of original airings of the VOA program the Network Provider provided (and the cumulative duration of broadcast time during the period being billed), the Total price for each original airing of the VOA program, and the extended price for the original airings of the VOA program and shall be transmitted by E-mail (PDF format only) to the Contracting Officer's Representative (COR) of the Contracting Officer - listed as the "Administrative Contact" on the Contract Agreement. All invoices shall be clearly typed in English and include a unique invoice number for reference purposes. All invoice payments made by the BBG will be in accordance with the U.S. Government's "Prompt Payment Act." (xiv) A Defense Priorities and Allocations System (DPAS) assigned rating is not applicable to this acquisition. Proposal Submission: (xv) Proposals shall be received no later than 2:00 pm Eastern Daylight Time (EDT) on Thursday, April 13, 2017 at BBG, 330 Independence Ave, SW Suite 4360 Washington, DC 20237 USA or via email to: Cherylynn Peters,
[email protected] and Alisa Martine
[email protected] No FAX PROPOSALS WILL BE ACCEPTED. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). All Network Providers shall submit the following: (i) One technical proposal which addresses the technical factors described (ii) Past Performance Attachment A (iii) One price proposal for the number of original airings for each year period (base period plus 4, one year option periods). Offeror shall provide its Total price for each original airing of the VOA/RFA program within the period of performance. (Base + four option years). The BBG requires each Network Provider to provide a Total price for each original airing in the base year and each option year period. To facilitate the award process, all proposals must include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." Documents submitted in response to this Solicitation must be fully responsive to and consistent with the requirements of the solicitation. Failure to comply with all the requirements of the solicitation may result in the offer being considered unacceptable for award. Offers will not be accepted from agents; from principals only. Proposals that do not include pricing for the option periods shall be deemed incomplete and will not be eligible for review. (xvi) Any questions or concerns regarding this Solicitation shall be submitted via email by 1:00 p.m. EST on Wednesday, April 5, 2017 to Cherylynn Peters, Contracting Officer at
[email protected] and Alisa Martine, Contract Specialist at
[email protected]. Questions which are submitted after 1:00 p.m. EST on Wednesday, April 5, 2017, will not be addressed. Questions will not be accepted via telephone or facsimile. Responses to the questions submitted, in accordance with the aforementioned instructions will be sent via an amendment to the Solicitation only, which will be posted to FEDBIZOPPS (www.fbo.gov). Points of Contact: Cherylynn Peters, Contracting Officer at
[email protected] or via phone +1-202-382-7866. Alisa Martine, Contract Specialist at
[email protected] or via phone +1-202-203-4176.