VOA Chas Time Broadcast Placement -Ukraine
Broadcasting Board of Governors, Director, Office of Contracts | Published April 3, 2017 - Deadline May 1, 2017
Agency: Broadcasting Board of Governors (BBG)Solicitation Number: BBG50-73-R-17-0004Posted Date: April 3, 2017Original Response Date: May 1, 2017Product or Service Code: D399 - IT AND TELECOM- OTHER IT AND TELECOMMUNICATIONS
Set Aside: N/ANAICS Code: 515120
Contracting Officer Address:Broadcasting Board of Governors (BBG)Attn: Cherylynn Peters330 Independence Avenue, SW Suite 4360Washington, DC 20237United 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 other than this announcement/solicitation will not be issued. A contract will be awarded using simplified acquisition procedures in FAR Part 13.5. (ii) Solicitation No. BBG50-73-R-17-0004 is hereby 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 515120, with a small business size standard of $38.5 million.Statement of Work:(v) The Broadcasting Board of Governors is seeking a news TV Provider with nationwide coverage 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 Prague, Czech Republic, is seeking a "Network Provider" that is a news TV Provider. A Network Provider is defined as a full time television network with a one year minimum of operating experience that broadcast 24 hours a day, seven days a week, and a minimum of 50% programming focused on news and current affairs, with nationwide coverage in Ukraine, via terrestrial, direct to home satellite or cable. The primary objective is to provide transmission of the BBG-provided content ( VOA's Window on America and VOA's program Chas-Time) on a regular basis , as described below in the broadcast schedule, to the largest possible audience in Ukraine using available BBG funding. The Network Provider shall also advertise VOA's program Chas-Time on the same frequencies as they will broadcast the VOA programs. The media plan is attached to this solicitation as Annex I.
The Network Provider shall broadcast the Voice of America's (VOA's) Ukrainian program Window on America every Sunday at 09:30-09:50 and every Saturday at 21:40-21:55 and VOA TV Ukrainian program Chas-Time from Monday-Friday and every Sunday at 21:45-22:00 local time with the broadcast airing not varying more than two minutes from the aforementioned times. Samples can be found here: http://ukrainian.voanews.com/z/1684.htmlhttp://ukrainian.voanews.com/z/1685.html
The Network Provider shall promote Voice of America's (VOA's) Chas-Time programs described above for 6 (six) months from August 15, 2017 thru February 10, 2018 with two option year periods. The Network Provider shall receive and broadcast VOA provided programming promos pursuant to the schedule detailed in the attached media plan in Annex I. The schedule may be amended in writing with both parties consent. BBG is solely responsible for the content of all BBG provided programming is authorized to produce program in any way it sees fit, so long as it does not violate the laws of Ukraine.
The Network Provider shall supply all personnel, equipment, and transmission services to receive and rebroadcast the VOA Window on America and Chas-Time program in its 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).
The Network Provider will only be paid for the original airings of the VOA program 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.
(vii) The anticipated award date under this Solicitation is May 22, 2017 with the first broadcast date of July 1, 2017. Duration of this proposed award shall be twelve (12) months ending June 30, 2018, with two (2), one-year option year periods available to be exercised at the sole discretion of the BBG subject to the availability of funding. The Place of Performance for the services will be performed at the contractor's facility/site.
(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 AWARDThis 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 Proposala. Experience - 1-year minimum in broadcasting TV programs,
b. Technical requirements - The selected vendor shall be a Network with nationwide coverage. The Network Provider's technical ability to receive and broadcast the VOA programs Window on America and Chas-Time (details of broadcasting station; location; broadcasting power; and reach), and by which means (terrestrial, direct-to-home satellite or cable) as well as the Network Provider's technical ability to receive and broadcast VOA Chas-Time provided programming promos to the schedule detailed in the attached media plan. The percentage of news and current affairs (including talk, documentary, and public affairs) programming the Network Provider currently broadcasts - Network Provider must have a minimum of 50% news and current affairs. (ii)Price (for the base period and two option years period)Using Attachment A, The Network Provider shall submit Price schedule for the base period and two option periods.• Base Period: July 1, 2017 - June 30, 2018 including advertising VOA Chas-Time from August 15, 2017 - February 10, 2018• Option 1: July 1, 2018 - June 30, 2019 including advertising VOA Chas-Time from August 15, 2018 - February 10, 2019• Option 2: July 1, 2019 - June 30, 2020 including advertising VOA Chas-Time from August 15, 2019 - February 10, 2020
FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)Funds are not presently available for performance under this contract beyond June 30, 2018. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond June 30, 2018, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
The Government reserves the right to make a selection based upon the initial proposal submissions and make award without discussions with Offerors. The Offeror should submit its best terms in the initial proposal. (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 three (3) 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 Monday, May 1, 2017 at BBG, 330 Independence Ave, SW Suite 4360 Washington, DC 20237 USA or via email to: Cherylynn Peters, firstname.lastname@example.org and Alisa Martine email@example.com 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) One price proposal for the number of original airings for each year period (base period plus 2, one year option periods). Attachment AOfferor shall provide its Total price for each original airing of the VOA program within the period of performance in the Attachment A. (Base + two 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. • Base Period: July 1, 2017 - June 30, 2018 including advertising VOA Chas-Time from August 15, 2017 - February 10, 2018• Option 1: July 1, 2018 - June 30, 2019 including advertising VOA Chas-Time from August 15, 2018 - February 10, 2019• Option 2: July 1, 2019 - June 30, 2020 including advertising VOA Chas-Time from August 15, 2019 - February 10, 2020
The technical and price proposals must be submitted separately. No price information should be contained in the technical proposal. 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."Proposals will only be accepted from Network Provider principals only - no proposals from agents will be accepted. Proposals submitted shall remain valid for a period of 90 days from submission.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. (xvi) Any questions or concerns regarding this Solicitation shall be submitted via email by 1:00 p.m. EDT on Wednesday, April 12, 2017 to Cherylynn Peters, Contracting Officer at firstname.lastname@example.org and Alisa Martine, Contract Specialist at email@example.com. Questions which are submitted after 1:00 p.m. EDT on Wednesday, April 12, 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 firstname.lastname@example.org or via phone +1-202-382-7866 or Alisa Martine, Contract Specialist at email@example.com or via phone +1-202-203-4176.