Solicitation_No._95T813-19-R-0063_RFERL_SSL.docx

U.S. Agency for Global Media Competitive Combined Synopsis/Solicitation No. 95T813-19-R-0063 RADIO FREE EUROPE/RADIO LIBERTY SERBIAN RADIO PROGRAM IN SERBIA

INTRODUCTION

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 award is contemplated using simplified acquisition procedures in FAR Part 13.5.

The solicitation number is 95T813-19-R-0063 and the solicitation is issued as a request for proposal (RFP).

ACQUISITION AUTHORITY

This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13-Simplified Acquisition Procedures; FAR Subpart 13.5 - Simplified Procedures for Certain Commercial Items, and is NOT expected to exceed the simplified acquisition threshold.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-01 effective January 22, 2019.

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE

The procurement is classified under NAICS code 515111 with a Size Standard of $38.5 million.

PRODUCT OR SERVICE CODE

D399 – IT AND TELECOM – OTHER IT AND TELECOMMUNICATIONS

ACQUISITION STATUS

This acquisition is unrestricted.

PERIOD AND PLACE OF PERFORMANCE

The anticipated award date under this Solicitation before or around September 1, 2019 with the first broadcast date of September 1, 2019. Duration of proposed contract award shall be twelve (12) months ending August 31, 2020 with (1) one year option period subject to the availability of funding. Place of performance for the services will be performed at the successful offerors facility/site.

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 August 31, 2020. 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 August 31, 2020, 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.

DESCRIPTION OF REQUIREMENT

Please see Attachment A - Statement of Work (SOW) for a description of the requirements.

CONTRACT TYPE

A Firm Fixed Price contract is contemplated.

EVALUATION PROCEDURE/BASIS FOR AWARD

1. This acquisition will utilize the Lowest Priced Technically Acceptable (LPTA) procedure to make a best value award. A decision on the technically acceptability of each offeror’s proposal will be made. For those offerors which are determined to be technically acceptable, award will be made to the offeror who submitted the lowest overall price. While the Government will strive for maximum objectivity, the technical go/no go process, by its nature, is subjective; therefore, professional judgement is implicit throughout the evaluation process. The Government intends to make an award based on initial proposals received. If further questions are required, the contracting officer may contact the offeror or offerors. Award will be made to the responsible offeror whose proposal conforms to all solicitation requirements. 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.

2. The following factors will be used to evaluate offers: Technical Proposal Factor 1.

a. Offeror must be a Provider with a coverage in Belgrade, part of Vojvodina and Central Serbia, Serbia.

Note: A Provider is defined as a full time radio station possessing a minimum of two years operating experience.

b. The Provider’s technical ability to receive and broadcast RFERL SSL radio programs via satellite in Serbia.

c. Offeror must have at least 2 years minimum experience in broadcasting radio programs.

An evaluation rating of Technically Acceptable/Non-Acceptable will be assigned upon completion of the technical proposal evaluations. If an offeror receives a technical rating of “Non-Acceptable” they will not be considered for award. Technical proposals shall be limited to no more than 10 pages using Microsoft Word format, 12 point Times Roman font, double-spaced with 1 inch margins.

Price Proposal Factor 1.

a. Price Proposals will be evaluated, for award purposes, based upon the lowest total price proposed for the basic requirements and one option as provided in the Attachment B - Price Schedule. Offerors are advised that the evaluation of option shall not obligate the government to exercise such option.

b. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government obtained information, additional information in accordance with FAR 15.4 may be required to support the proposed price.

The Government intends to make a selection based upon initial proposal submissions and intends to make an award without discussions. Offerors are advised to submit proposals that are fully and clearly acceptable without requests for additional information. The Government also reserves the right to make multiple awards for this requirement.

OVERALL ARRANGEMENT OF PROPOSALS

The Offeror’s proposal submittal shall consist of the following:

1. Volume 1 – Technical Proposal Technical proposals shall be limited to no more than 10 pages using Microsoft Word format, 12pt Times New Roma font, double-space wit 1 inch margins.

2. Volume II – Price Proposal To enable the Government’s evaluation of the Offeror’s price, the Offeror shall submit a firm fixed price proposal for performing the contract. Pricing information shall not be included anywhere other than in Volume II – Price Proposal. Offeror shall use Attachment B – Price Schedule included with this Solicitation to insert its pricing information.

Offerors responses to this solicitation must be in the English language. The Attachment B – Price Schedule submitted by offerors must be in U.S. dollars.

Offerors responses must include its Company Name, Taxpayer Identification Number (TIN), Business Size, Physical Address, and Point of Contact Information. All Offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.

APPLICABLE CLAUSES AND PROVISIONS

The following FAR clauses provisions, and agency regulations apply to this solicitation:

1. All offerors MUST be actively registered in the System for Award Management (SAM) www.sam.gov.

2. FAR 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006)

FAR 52.203-6, Restrictions on Subcontractor Sales to the Government (Oct 1995) Alt 1

3. FAR 52.204-19, Incorporation by Reference of Representations and Certifications (Dec 2014)

4. FAR 52.209-7, Information Regarding Responsibility Matters (Oct 2018)

5. The provision at FAR clause 52.212-1, Instructions to Offerors – Commercial Items (Oct 2018), applies to this acquisition. FAR provisions and clauses may be obtained from the Internet web address at: http://acquisition.gov/far/index.html.

6. FAR 52.212-2, Evaluation – Commercial Items (October 2014) applies to this acquisition. FAR provisions and clauses may be obtained from the Internet web address at: http://acquisition.gov/far/index.html.

a. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of option(s) shall not obligate the Government to exercise the option(s).

b. 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.

7. FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018) is applicable to this acquisition.

8. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (January 2019), Alt 1 (Feb 2000) and Alt 2 (Nov 2017) applies to this acquisition as detailed below:

a. FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282)

b. FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

c. FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

d. FAR 52.219-8, Utilization of Small Business Concerns (Oct 2018)

e. FAR 52.219-28, Post Award Small Business Program Re- representation (Jul 2013) (15 U.S.C. 632(a)(2)).

f. FAR 52.222-3, Convict Labor (June 2003) (E.O. 11755).

g. FAR 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

h. FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015).

i. FAR 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246)

j. FAR 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

k. FAR 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

l. FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

m. FAR 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

n. FAR 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

9. FAR 52.216-24, Limitation of Government Liability (APR 1984)

10. FAR 52.216-25, Contract Definitization (Oct 2010)

11. FAR 52.217-5, Evaluation of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

12. 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 thirty (30) days.

13. FAR 52.217-9, Option to Extend the Term of the Contract (March 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) days, provided that the Government gives the Contractor 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 twenty four (24) months).

15. 52.227-19 Commercial Computer Software License (Dec 2007)

16. The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

17. FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Aug 2018)

18. FAR 52.233-1, Disputes (May 2014)

19. FAR 52.233-2, Service of Protest (Sep 2006)

20. FAR 52.233-3, Protest after Award (Aug 1996)

21. FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)

22. FAR 52.244-6, Subcontracts for Commercial Items (Jan 2019)

End of Clauses and Provisions

SOLICITATION ATTACHMENTS

Attachment A – Statement of Work for RFERL Serbian/SSL Radio programming Attachment B – Price Schedule

PROPOSAL SUBMISSION INSTRUCTIONS

DUE DATE AND TIME FOR RECEIPT OF PROPOSALS

All responses are due no later than 4:30 PM Eastern Daylight Time (EDT) on August 20, 2019. To be considered timely, all responses must be received by the Government at its central repository location for receipt of proposals at the following e-mail address: atgartne@usagm.gov marked for attention to Mr. Adam Gartner and porkertovad@usagm.gov Dominika Porkertova.

Questions regarding this solicitation shall be submitted to the Government to its central repository location for receipt of questions by 4:30 PM EDT on August 12, 2019, at the following e-mail address atgartne@usagm.gov and porkertovad@usagm.gov marked for attention to Mr. Adam Gartner and Dominika Porkertova. Response to questions will be posted to the FEDBIZOPPS website at www.fbo.gov.