Statement_of_Work_Talent_FBO_notice_.msg

Talent FBO notice

Herman, per our conversation, attached is the FBO notice, FAR clause 52.212-4 and SOW’s. If everything looks ok, please post and attach SOW and FAR clause. Requesting this be posted by tomorrow afternoon if possible before I start my vacation on 12/19. Thank you for all your help in getting this done. Happy Holidays

Mary Ann

OCB Talent FBO.doc OCB Talent FBO.doc

NAICS: 711510

Radio, Television and Multi-Media Services

Solicitation Number: BBG45-S-14-OCB0001

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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 will not be issued. This combined synopsis/solicitation is issued as a Request for Proposals (RFP) to establish a Non-Personal Services Purchase Order. The Government intends to award this Non- Personal Services Purchase Order; however, the Government reserves the right not to make an award.

The Broadcasting Board of Governors(BBG), Office of Cuba Broadcasting(OCB) intends to establish Non-Personal Services Purchase Orders for Radio, Television and Multimedia services as described in the attached Statements of Work (SOW) for OCB in Miami, Florida. This acquisition is being issued under the authority of Federal Acquisition Regulation (FAR) Part 13.

SAM: System for Award Management (SAM) applies to this procurement. You must be registered in SAM in order to be eligible to receive an award from this solicitation. Information on SAM registration and annual confirmation requirements may be obtained via the Internet at http://www.sam.gov. Prospective contractors must be registered in SAM database prior to award. Lack of registration in SAM database will make an offeror ineligible for award. CONTRACTORS MUST COMPLY WITH FAR 52.204-13 System for Award Management (SAM) Registration (JUL 2013).

NAICS Code: The North American Industry Classification System (NAICS) code for this acquisition is 711510 with a small business size standard of $29.5M in average annual receipts for the past 3 years. Please identify your business size in your response based upon this standard. This requirement will be a 100% Total Small Business.

Period of Performance:

Base Period – 02/1/14 – 04/30/2014

Option Period 1 – 05/1/14 – 7/31/14

Option Period 2 – 08/1/2014 – 10/31/2014

Additional awards maybe made during the performance period up to October 31, 2014.

Contract Type:

Firm- Fixed Price

Place of Performance:

BBG/Office of Cuba Broadcasting 4201 NW 77th Avenue

Miami, Florida 33166

Time of Performance:

OCB is a 24/7 news/ program operation and the schedule will vary depending on the need of the government. The program manager will make determination at the time of award.

Applicable Clauses:

**52.252-1 (FEB 1998) -- Solicitation Provisions Incorporated by Reference (Feb 1998). This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

*FAR clause 52.212-4 (Nov. 2013), Contract Terms and Conditions-Commercial Items, applies to this acquisition. (see attached)

Applicable Provisions: See below

Proposal Submission:

Interested independent contractors are required to submit two written documents (price & resume) to the OCB for each Statement of Work.

1. Contractors shall submit their price proposals for base and option periods on an assignment basis. Assignments will be equivalent to either four (4) or eight (8) hours of work. Price proposals should be submitted for both timeframes. Assignments will be on an as-needed basis, subject to availability of funds and mission consideration.

2. Technical Proposal (Resume) that states the Offeror's resume/curriculum vitae and evidence of the Offeror's pertinent past performance that can be easily and quickly validated by the OCB. Dates (months/years) and locations for all field experience must also be detailed.

3. References (three)

4. In the event offerors did not complete the responsibility and certification portion of the SAM registration they shall include completed copy of the provision at FAR Subpart 52.212-3 (Offeror Representations and Certifications - Commercial Items) with its offer. This provision can be found at the following website https://www.acquisition.gov/Far/; if requested by an offeror, a copy of FAR subpart 52.212-3 can be obtained by contacting the Contracting Officer.

To ensure consideration for the intended position, please reference the solicitation number and title of the position on your proposal.

All Proposals must be submitted electronically to ocbtalent@bbg.gov. The due date is Monday, January 10, 2014 at 12PM EST.

Contracting Office Address:

OCB

Primary Point of Contact:

Contracting Officer Mary Amps mamps@bbg.gov

Provision at 52.212-2 -- Evaluation -- Commercial Items. (Jan 1999) The Government will award a Purchase Order 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. The following factors shall be used to evaluate offers:

EVALUATION FACTORS

Factor #1 - Technical ability to include work experience, education and specialized training

Factor #2 - Price

Factor #3 - Past Performance

Factor #4 – Ability to Speak and Write Spanish and adapt English material into Spanish.

Basis for Award

The procurement is being conducted under FAR Part 13. Best value is defined as the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement, in accordance with FAR 2.101.

The Government reserves the right to make a selection based upon the initial proposal submissions so the offeror should submit its best terms in the initial proposal. The Government may also determine to make no award.

Multiple offers will be selected who are deemed responsible in accordance with FAR 9.104-1 and whose offers provide the Government with a best value solution.

** All questions regarding this solicitation are due by 12 Noon on December 20, 2013. Email questions to bwclark@bbg.gov **

** Responses to questions will be provided No Later Than 12 noon on December 30, 2013

52.212-4 (Nov. 2013), Contract Terms and Conditions-Commercial Items.doc 52.212-4 (Nov. 2013), Contract Terms and Conditions-Commercial Items.doc

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING BUREAU (BBG/IBB)

COMMERCIAL TERMS AND CONDITIONS

PURCHASE ORDER WITH OPTIONS TO EXTEND

ON-SITE INDIVIDUAL TALENT SERVICES

52.212-4 Contract Terms and Conditions—Commercial Items. (NOV 2013)

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Jan 2013)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

_X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

_X_ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved]

__ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_X_(23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_(27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (NOV 2013) (E.O. 13126).

__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

_X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Nov 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (42) 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).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

_X_ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

Alternate II (Nov 2013). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(E) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(F) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(G) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(H) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(J) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(K) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(L) 52.222-54, Employment Eligibility Verification (Aug 2013).

(M) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(N) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(End clauses)

ADDENDUM TO CONTRACT CLAUSES FEDERAL ACQUISITION REGULATION (FAR) AND BBG/IBB CONTRACT LANGUAGE NOT PRESCRIBED IN FAR PART 12

In accordance with FAR Clause 52.252-2 Clauses Incorporated by Reference (FEB 1998), this contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, full text of clauses may be accessed electronically at Internet address at http://www.acquisition.gov/far/ .

Clause Number Title

52.212-4

Contract Terms and Conditions-Commercial Items (JUN 2013)

52.204-9

Personal Identify Verification of Contractor Personnel (JAN 2011)

52.204-13

System for Award Management Maintenance (JUL 2013)

52.217-8

Option to Extend Services (NOV 1999)

52.223-6

Drug Free Workplace (MAY 2001)

52.225-14

Inconsistency Between English Version and Translation of Contract

(Feb 2000)

52.227-17

Rights in Data-Special Works (DEC 2007)

52.232-18

Availability of Funds (APR 1984)

52.242-15

Stop-Work Order (AUG 1989)

52.243-1

Changes—Fixed Price (AUG 1987) Alternate III (APR 1984)

52.245-1

Government Property (APR 2012)

The following FAR Clause is incorporated in full text:

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 Contractor within one (1) day of expiration

(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 one (1) or two (2) years.

(End of clause)

The following Broadcasting Board of Governors, International Broadcasting Bureau (BBG/IBB) contract language is provided in full text to serve as an Addendum to this commercial talent service using purchase order to extend services, option to extend, and increase quantity:

(a) Service Contracts. This acquisition instrument is a “nonpersonal services contract” as that term is defined in the Federal Acquisition Regulation at Subpart 37.101. It is, therefore, understood and agreed that the Contractor and/or the Contractor’s employee: (1) Shall perform the services specified herein as independent contractors, not as employees of the Government; (2) Shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) Shall be free from supervision or control by any Government employee with respect to the manner or method of performance of the services specified; but (4) Shall, pursuant to the Government’s right and obligation to inspect, accept, or reject the work, comply with such general direction of the Contracting Officer or the Contracting Officer’s Representative (COR) as is necessary to ensure accomplishment of the contract objective.

(b) Option for Increased Quantity Services - The Government may increase the quantity of assignments/hours called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor at any time during the period of the contract. Performance of the added assignments/hours shall be completed within the performance period of the contract, unless the parties otherwise agree.

(c) Government - Contractor Relations

(1) The Government and the Contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor's personnel. It is, therefore, in the best interest of the Government to afford both parties a full understanding of their respective obligations.

(2) Contractor personnel under this contract shall not:

(i) Be placed in a position where they are under the supervision, direction, or evaluation of a Government employee.

(ii) Be placed in a position of command, supervision, administration or control over Government personnel, or over personnel of other Contractors under other BBG contracts, or become a part of the Government organization.

(iii) Be used in administration or supervision of Government procurement activities.

(3) Employee relationship.

(i) The services to be performed under this contract do not require the Contractor or his/her personnel to exercise personal judgment and discretion on behalf of the Government. Rather the Contractor's personnel will act and exercise personal judgment and discretion on behalf of the Contractor.

(ii) Rules, regulations, directives, and requirements that are issued by Broadcasting Board of Governors under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(4) Inapplicability of employee benefits. This contract does not create an employer-employee relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply.

(i) Payments by the Government under this contract are not subject to Federal income tax withholdings.

(ii) Payments by the Government under this contract are not subject to the Federal Insurance Contributions Act.

(iii) The Contractor is not entitled to unemployment compensation benefits under the Social Security Act, as amended, by virtue of performance of this contract.

(iv) The Contractor is not entitled to workman's compensation benefits by virtue of this contract.

(v) The entire consideration and benefits to the Contractor for performance of this contract is contained in the provisions for payment under this contract.

(5) Notice. It is the Contractor's, as well as, the Government's responsibility to monitor contract activities and notify the Contracting Officer if the Contractor believes that the intent of this clause has been or may be violated.

(i) The Contractor should notify the Contracting Officer in writing promptly, within three calendar days from the date of any incident that the Contractor considers to constitute a violation of this clause. The notice should include the date, nature and circumstance of the conduct, the name, function and activity of each Government employee or Contractor official or employee involved or knowledgeable about such conduct, identify any documents or substance of any oral communication involved in the conduct, and the estimate in time by which the Government must respond to this notice to minimize cost, delay or disruption of performance.

(ii) The Contracting Officer will promptly, within three calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer will either:

(a) Confirm that the conduct is in violation and when necessary direct the mode of further performance,

(b) Countermand any communication regarded as a violation,

(c) Deny that the conduct constitutes a violation and when necessary direct the mode of further performance; or

(d) In the event the notice is inadequate to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished by the Contractor and the date thereafter by which the Government will respond.

(6) VOA Journalistic Code. The VOA Journalistic Code, attached hereto as Exhibit A, requires that the Agency maintain an appearance of impartiality to ensure the objectivity and credibility of its broadcasts. In order to do so, VOA journalists must be careful about engaging in certain political activities if the sponsoring group(s) or other participants are identified with a particular perspective on a political issue and the journalists’ participation might put into question VOA’s impartiality. These political activities include, but are not limited to: running for public office; campaigning; demonstrating, or endorsing candidates or legislative initiatives; participating in marches or rallies involving causes related to issues that VOA covers; signing petitions; and serving on government boards or commissions.

Contractor hereby understands and agrees that by entering into the Contract, Contractor will adhere to the VOA Journalistic Code, including its requirement of maintaining an appearance of impartiality. Failure to perform according to these standards undermines the quality of the journalistic product and may result in the Agency’s rejection of the materials submitted under this Contract, or termination of the Contract for default, or both.

(7) Copyright - Contractor herein assigns all copyright to any and all artistic work created under this contract / agreement to the Broadcasting Board of Governors.

(8) Trademark – Contractor hereby acknowledges that all trademarks produced in the course of this Contract, as well as any goodwill attributed to those marks, belong to the Broadcasting Board of Governors. If the Agency seeks registration of the marks, Contractor shall provide any and all necessary assistance (absent expenditure of funds) in registering the mark(s).

(9) Security Clearance. This contract/agreement/order is subject to the favorable completion of a security background check. In the event it is determined that the contractor will require an identification badge for access to BBG facilities, a background check will be conducted by the BBG Office of Security. A non-favorable report will result in the contractor being denied access to BBG facilities and possible termination of the contract/agreement/order.

(10) Standards of Conduct. The contractor (i.e., PSC) shall maintain satisfactory standards of competency, conduct, cleanliness, appropriate dress and integrity. The Contractor shall adhere to standards of conduct that reflect credit on themselves and the United States Government. Except as noted, the Contracting Officer reserves the right to immediately “Terminate the Contract for Default” for failure to comply with the standards of conduct delineated herein and as follows:

(a) Use of Government Furnished Equipment (“GFE”) and misappropriation of Government Furnished Materials (“GFM”). The Contractor shall restrict their use of Government Furnished Equipment (e.g., computers, telephones, video equipment, copying or fax machines, or the internet) and Government Furnished Materials (e.g., paper, ink, pens, replenish- able office supplies) to the performance of the work prescribed herein. Contractor use of GFE or GFM for personal or other reasons may result in immediate “Termination for Default” as noted previously.

(b) Disorderly or Disruptive Conduct. Disruptive activities which interfere with the normal and efficient broadcast operations and disorderly conduct [including but not limited to: (1) use of abusive or offensive language, (2) quarreling, (3) carrying of weapons, (4) intimidation by words and/or actions, (5) sexual harassment, or (6) offensive physical contact] do not contribute to the accomplishment of the objective of the contract and shall not be tolerated or condoned. The Government/Agency has exclusive discretion in the determination as to what behavior is disorderly or disruptive to normal broadcast operations.

(c) Intoxicants and Narcotics. The contractor shall not possess, sell, consume, or be under the influence of intoxicants such as alcohol, illegal drugs, or other controlled substances (i.e., narcotics) while on government leased, rented or owned premises, or while performing the work prescribed herein.

(d) Job Competency. Acceptance of a Delivery or Task Order serves as the Contractor’s confirmation that they are fully qualified to perform the work. Failure to possess the requisite skills (e.g., inadequate proficiency in the language or culture) may be deemed as evidence of misrepresentation and grounds for immediate Termination for Default as noted previously.

(e) Accurate Invoicing. The Contractor shall submit invoices that properly reflect the work performed. Submittal of an invoice that does not accurately reflect or otherwise misrepresents the work performed, may be considered fraud subjecting the Contractor to immediate “Termination for Cause.”

(f) Misrepresentation of Contractual Relationship/Conflict of Interest. The Contractor shall not take any actions, produce any documentation, or disseminate any information via any medium which misrepresents the character of the independent contractual relationship created by this Contract or which conflicts with the mission and goals of the Government/Agency, including but not limited to: (1) creation of business cards, letterheads, or promotional materials utilizing government logos or other identifiable markings; (2) creation of a web site or internet blog containing Government/Agency logos, symbols, or other identifiable markings, or purporting to represent the Government/Agency (3) attempting to enter into agreements with third parties purporting to have contractual or other authority to legally bind the Government/Agency. A violation of this paragraph may subject the Contractor to an immediate “Termination for Cause.”

(g) Criminal or other Legal Actions. Nothing in this section is in lieu of any legal actions that may be taken by or on behalf of the government in the protection of its rights, property or interest. In certain circumstances the Contractor may be subject to criminal actions as allowed by law. Criminal charges may be pursued for the following actions, including but not limited to: falsification or unlawful concealment, removal, mutilation, or destruction of any official documents, electronic files, or records; or concealment of material facts by willful omission from official documents, electronic files, or hard copy records; unauthorized use of Government property, theft, vandalism, or immoral conduct; unethical or improper use of official authority or credentials; security violations; organizing or participating in gambling in any form in the work place and/or utilizing GFE or GFM for such purposes; and unlawful possession of weapons. A violation of this paragraph may subject the Contractor to an immediate “Termination for Cause.”

Exhibit A

THE JOURNALISTIC CODE

PREAMBLE

Since 1942, the Voice of America has built a global reputation as a consistently reliable source of news and information. Accuracy, balance, comprehensiveness, and objectivity are attributes audiences around the world have come to expect of VOA broadcasters and their product. These standards are legally mandated in the VOA Charter (Public Laws 94-350 and 103-415). Because of them, VOA has become an inspiration and information lifeline to nations and peoples around the world.

SUMMARY

Adhering to the principles outlined in the Charter, VOA reporters and broadcasters must strive for accuracy and objectivity in all their work. They do not speak for the U.S. government. They accept no treatment or assistance from U.S. government officials or agencies that is more favorable or less favorable than that granted staff of private sector news agencies. Furthermore, VOA professionals, careful to preserve the integrity of their organization, strive for excellence and avoid imbalance or bias in their broadcasts. The Voice of America pursues its mission today in a world conflict-ridden and unstable in the post-Cold War era. Broadcasting accurate, balanced and complete information to the people of the world, and particularly to those who are denied access to accurate news, serves the national interest and is a powerful source of inspiration and hope for all those who believe in freedom and democracy.

THE CODE

All staff who report, manage, edit, and prepare programming at VOA in both Central News and language services therefore subscribe to these principles:

Sourcing

· VOA news and programming must be rigorously sourced and verified. VOA normally requires a minimum of two independent (non-VOA) sources before any news writer, background writer, political affairs writer, correspondent or stringer may broadcast information as fact in any language.

· The only exceptions to the double-source requirement are facts directly confirmed by a VOA journalist or significant news drawn from an official announcement of a nation or organization. In those rare instances when a secondary source offers exclusive significant news (e.g., a verified news agency exclusive interview with a chief of state or prominent newsmaker), this story is attributed to the originating agency by name.

Accuracy and Balance

· Accuracy and balance are paramount, and together, they are VOA’s highest priority. Accuracy always comes before speed in VOA Central News reporting and language programming. VOA has a legal obligation to present a comprehensive description of events, reporting an issue in a reliable and unbiased way. Though funded by the U.S. government, VOA airs all relevant facts and opinions on important news events and issues. VOA corrects errors or omissions in its own broadcasts at the earliest opportunity.

· VOA is alert to, and rejects efforts by special interest groups - foreign or domestic - to use its broadcasts as a platform for their own views. This applies to all programs and program segments, including opinion or press roundups, programs discussing letters, listener comments, or call-in shows. In the case of call-ins, views of a single party must be challenged by the interviewer if alternative opinions are unrepresented. In interviews, points of possible discussion are submitted in advance if requested by an interviewee of stature (for example, a chief of state). However, VOA journalists always retain the right and responsibility to pursue newsworthy angles, including entirely fresh lines of questioning, during such interview.

· Whenever VOA reports a charge or accusation made by an individual or a group against another, or presents one side of a controversial issue, a response and/or balancing information will be included in the first use of a news item or feature containing that material. If the balancing information cannot be obtained by the program deadline, or the subject of the charge declines to comment that will be made clear in VOA’s account, and the balancing material will be broadcast as soon as it is available.

Fairness

· VOA has, in the words of the Founding Fathers, "a decent respect for the opinions of mankind." VOA is required to present a full and fair account of events. VOA broadcasters evaluate information solely on its merits, rejecting incitements to violence, sensationalism, personal value judgment, or misleading emphases. Attributions are specific and complete.

· VOA journalists (including correspondents, news and language stringers, political affairs writers, and program hosts) avoid at all times the use of unattributed pejorative terms or labels to describe persons or organizations, except when the individuals and groups use those labels to describe themselves or their activities.

· In news, features and current affairs programming, VOA broadcasters will meticulously avoid fabricating, distorting, or dramatizing an event. If sound at an event illustrates the reporter’s account of that event and is edited for time, the remaining sound effect reflects what occurred in an accurate and balanced way. If there is a risk of misleading the audience, no use will be made of sound effects not actually recorded at the event being described.

Context and Comprehensiveness

· VOA presents events a comprehensive account of America and the world, and puts events in context. That means constant vigilance to reflect America’s and the world’s political, geographical, cultural, ethnic, religious and social diversity. VOA programming represents the broadcast team’s best effort to seek out and present a comprehensive account of the event or trend being reported.

· VOA broadcasters will avoid using announcing or interviewing techniques that add political coloration or bias to their reportage or current affairs programming. Music will not be used to make editorial statements. VOA journalists and all those preparing news and feature programming avoid any action or statement that might convey the appearance of partisanship.

Procedures

When performing official duties, VOA broadcasters leave their personal political views behind. The accuracy, quality and credibility of the Voice of America are our most important assets, and they rest on listeners’ perception of VOA as an objective source of world, regional and U.S. news and information. To that end, all VOA journalists will:

1. Always travel on regular, non-diplomatic passports, and rely no more and no less than private sector correspondents on U.S. missions abroad for support, as set out in the guidelines for VOA correspondents.

2. Assist managers whose duty is to ensure that no VOA employee, contract employee or stringer works for any other U.S. government agency, any official media of another state, or any international organization, without specific VOA authorization.

3. Adhere strictly to copyright laws and agency regulations and always credit the source when quoting, paraphrasing, or excerpting from other broadcasting organizations, books, periodicals, or any print media.

In addition to these journalistic standards and principles, VOA employees recognize that their conduct both on and off the job can reflect on the work of the Voice of America community. They adhere to the highest standards of journalistic professionalism and integrity. They work to foster teamwork, goodwill and civil discourse in the workplace and with their colleagues everywhere in the world, all to enhance the credibility and effectiveness of the Voice of America.

(End of additional clauses)

IBB-999 (Individual On-site w/options & extend services clauses)

11/2013

Audio Technician - SOW.doc Audio Technician - SOW.doc

STATEMENT OF WORK

Non-Personal Service

Audio Technician

1.0 Introduction

The Office of Cuba Broadcasting (OCB) has a requirement for an Audio Technician (hereinafter referred to as “Contractor”) to provide non-personal services as described below. The work shall be performed during a two, four or eight-hour assignment. The contractor shall be paid on an assignment basis. The Contractor’s rate shall include overhead (e.g., benefits), G&A, and profit. The Contractor shall be responsible for meeting all obligations under the term of this purchase order (PO). The contractor shall at all times adhere to the standards and principles in the Voice of America Journalistic Code and shall request pre-approval before engaging in outside speaking and writing that might give rise to an actual or perceived violation of the Code.

2.0 Scope of Work

The Contractor shall perform the following work at OCB (4201 NW 77th Ave. Miami, Fl. 33166) unless otherwise mutually agreed to by the Contracting Officer.

2.1 Contractor shall perform the following services upon direction of the Contracting Officers Representative (COR):

Requirements:

· Set-up and operate audio for live and post produced shows.

· Prepare talent and guesses with microphones and IFBs prior to live or post produced shows.

· Set-up audio mixer for mix-minus for remote live transmissions.

The Contractor shall at all times adhere to the standards and principles in the Voice of America Journalistic Code and shall request pre-approval before engaging in outside speaking and writing that might give rise to an actual or perceived violation of the Code.

3.0 Government Furnished Property, Facilities Services or Information

The Government will furnish office space, expendable supplies, and equipment(e.g., PC with Lan connection, camera, laptop, fax and telephone) if necessary solely for the Contractor’s use while performing the work prescribed herein.

4.0 Time of Performance: OCB is a 24/7 news/program operation and the schedule will vary depending on the need of the government. Normal duty hours will be (Monday through Friday, subject to change). Weekends and Federal holidays may be required based on the needs of the government.

5.0 Submission of Deliverables: To be submitted to the COR for acceptance in accordance with OCB standards. The time of delivery will be determined by the COR based on the needs of the government.

6.0 Submission of Invoices:

(a) The Contractor shall submit an original monthly invoice to the COR or the person identified in Block 21 of the OF-347 at the address listed below:

Office of Cuba Broadcasting

Attn:

(b) The Contractor’s monthly invoice shall list: (a) the number of assignments submitted and accepted.

(c) Pursuant to the Prompt Payment Act, OCB will pay the invoice within 30 days of either: (1) receipt of the invoice or (2) acceptance of services; whichever is later.

- End of Statement of Work –

Broadcast Audio Technician - SOW.doc Broadcast Audio Technician - SOW.doc

Broadcast Audio Technician

The Office of Cuba Broadcasting (OCB), has a requirement for a Broadcast Audio Technician (hereinafter referred to as “Contractor”) to provide non-personal services as described below.