HQ0028-15-R-0009.pdf

SEE ADDENDUM

(No Collect Calls)

HQ0028-15-R-0009 22-Apr-2015

b. TELEPHONE NUMBER

951-413-2502

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 21 May 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HQ00289. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KATHRYN MAURAIS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

HQ003050890001000

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

HQ0028 DEFENSE MEDIA ACTIVITY

CONTRACTING OFFICE

23755 Z STREET, POC: KATHRYN MAURAIS

RIVERSIDE CA 92518-2031

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE HQ0030 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

HQ0030 AFN-BC

SCOTT STOVER

23755 Z STREET

RIVERSIDE CA 92518-2031

TEL: 951-413-2304 FAX:

FAX:

TEL: 951-413-2502 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

NAICS:

334614

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF60

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HQ0028-15-R-0009

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1,040 Set

Weekly Hit Music Updates - Base Year

FFP

The Contractor shall furnish all labor and materials to duplicate hit music selections onto Compact Discs weekly, provide special labeling to meet Department of Defense regulations, and supply weekly data updates for use in computerized music library and scheduling programs per the attached Statement of Work. Performance Period: July 1, 2015 through June 30, 2016 FOB: Destination

PURCHASE REQUEST NUMBER: HQ003050890001000

NET AMT

OPTION

Weekly Hit Music Updates - Option Year 1

FFP

The Contractor shall furnish all labor and materials to duplicate hit music selections onto Compact Discs weekly, provide special labeling to meet Department of Defense regulations, and supply weekly data updates for use in computerized music library and scheduling programs per the attached Statement of Work. Performance Period: July 1, 2016 through June 30, 2017

Weekly Hit Music Updates - Option Year 2

The Contractor shall furnish all labor and materials to duplicate hit music selections onto Compact Discs weekly, provide special labeling to meet Department of Defense regulations, and supply weekly data updates for use in computerized music library and scheduling programs per the attached Statement of Work. Performance Period: July 1, 2017 through June 30, 2018

Weekly Hit Music Updates - Option Year 3

The Contractor shall furnish all labor and materials to duplicate hit music selections onto Compact Discs weekly, provide special labeling to meet Department of Defense regulations, and supply weekly data updates for use in computerized music library and scheduling programs per the attached Statement of Work. Performance Period: July 1, 2018 through June 30, 2019

Weekly Hit Music Updates - Option Year 4

The Contractor shall furnish all labor and materials to duplicate hit music selections onto Compact Discs weekly, provide special labeling to meet Department of Defense regulations, and supply weekly data updates for use in computerized music library and scheduling programs per the attached Statement of Work. Performance Period: July 1, 2019 through June 30, 2020

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-JUL-2015 TO

30-JUN-2016

N/A HQ0030 AFN-BC

SCOTT STOVER

23755 Z STREET

RIVERSIDE CA 92518-2031

951-413-2304

HQ0030

0002 POP 01-JUL-2016 TO

30-JUN-2017

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-JUL-2017 TO

30-JUN-2018

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-JUL-2018 TO

30-JUN-2019

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-JUL-2019 TO

30-JUN-2020

N/A (SAME AS PREVIOUS LOCATION)

STATEMENT OF WORK

STATEMENT OF WORK (SOW)

as of 1 April 2015

Contract Number: (completed by the KO at time of contract or TO award) Task Order Number: N/A Tracking Number: HQ0028-5089-0001 Follow-on to Previous Contract and Task Order Number:

HQ0028-10-C-0013

1. Contracting Officer Representative (COR).

a. Primary COR.

Name: Scott Stover Organization: DMA AFN-BC, Radio Department of Defense Activity Address Code (DODAAC):

HQ0030

Address: 23755 Z Street, Riverside, CA 92518 Phone Number: 951-413-2304 Fax Number:

Email Address: Scott.e.stover2.civ@mail.mil

b. Alternate COR.

Name: Curt Eckstein Organization: DMA AFN-BC, Radio

DODAAC HQ0030

Address: 23755 Z Street, Riverside, CA 92518 Phone Number: 951-413-2250 Fax Number:

E-Mail Address: Curtis.j.eckstein.civ@mail.mil

2. Contract Title. AFN BC Music Services

3. Background. The radio production material to be purchased will enable the Defense Media Activity (DMA) AFN-BC to meet and support the AFN mission. This mission is to provide a balanced representative selection of popular radio and television information and entertainment programs of particular interest to both the primary AFN audience of DoD personnel stationed overseas and their family members. The production material is also required to ensure the accomplishment of the AFN mission to effectively communicate command information to Department of Defense (DoD) personnel stationed overseas and their family members, while simultaneously providing the level of entertainment needed to make a positive impact on their morale. It will also provide the most efficient medium to ensure the effective communication of information messages inserted within the program as spot announcements in support of DoD internal information themes, goals and objectives. DMA AFN-BC mission tasking per DoD Instruction 5120.20 is to support the Internal Communications mission of the Department of Defense by providing a broad range of information and entertainment programming to DoD personnel and their family members overseas, thus attracting an audience for Internal Communications messages placed within AFN programming. The AFN BC Contracting Office has purchased programs of a similar nature repeatedly over the past 30 years. The rates paid by the Government do not vary, regardless of the popularity or commercial value of a particular music format.

4. Objectives. The objective of this requirement is to acquire broadcast distribution rights to allow DMA AFN-BC to distribute and broadcast the above radio production material. Procurement of this right will enable the AFN-BC to meet and support the AFN mission.

5. Scope. Provide secure website login for music downloads and provide packaging, labeling, metering, mailing, and other services incidental to the weekly CD hit releases on stereo CDs in (at least) the six formats discussed above along with weekly data updates, and mail packaging, processing and postage for 1st class mail. They must also provide customer toll-free phone and email support for locations receiving the service.

6. Specific Tasks. This mission is to provide a balanced representative selection of popular radio and television information and entertainment programs of particular interest to both the primary AFN audience of DoD personnel stationed overseas and their family members. The production material is also required to ensure the accomplishment of the AFN mission to effectively communicate command information to DoD personnel stationed overseas and their family members, while simultaneously providing the level of entertainment needed to make a positive impact on their morale. It will also provide the most efficient medium to ensure the effective communication of information messages inserted within the program as spot announcements in support of DoD internal information themes, goals and objectives. DMA AFN-BC mission tasking per DoD Instruction 5120.20 is to support the Internal Communications mission of the Department of Defense by providing a broad range of information and entertainment programming to DoD personnel and their family members overseas, thus attracting an audience for Internal Communications messages placed within AFN programming.

6-1. Task 1 - Compact Disks (CD) Distibution.

6.1.1. The Contractor shall master, duplicate, package, label, and mail weekly hit music updates on CDs for distribution to outlets of the AFN; provide access to the same music via internet download in .mp3 format; provide weekly computerized music data updates for use in music scheduling systems to keep those systems current with the music releases provided by the Contractor.

6.1.2. The recordings are broadcast outside the continental United States via the U.S. military's land-based radio outlets, Navy ships at sea, and closed-circuit facilities of the DoD.

6.1.3. Distribution of all programming is non-commercial, non-profit, and royalty-free. The service is intended strictly for use by DoD personnel and their dependents.

6.2 Task 2 - Basic Requirements and Quantities.

6.2.1 The Contractor shall furnish all labor and materials to duplicate hit music selections onto CDs weekly, provide special labeling to meet DoD regulations, assure that the Contractor has the right to duplicate all recordings provided, and supply weekly data updates for use in computerized music library and scheduling programs to reflect additions to the library. Signing this contract constitutes certification that the Contractor has the right to duplicate all recordings provided to AFN-BC and will afford the protections contained in rights in data clauses contained elsewhere in the contract.

6.2.2. DMA AFN-BC supplies all programming to outlets deployed to meet the operational requirements of the DoD. There are approximately 38 AFN field locations currently using hit music selections via download or on CDs. The estimated required weekly quantity will be 20 sets. A “set” is comprised at minimum of the music CD, labeling required by paragraph 6.4.2, jewel cases, mailing costs, and applicable entries into scheduling software that update song selections in the scheduling database. Excess materials produced for AFN not delivered to overseas locations shall be forwarded to the Defense Media Activity AFN BC at Riverside, California. See Attachment A - Delivery Schedule for specific mailing addresses.

6.2.3. Quantities of products specified in this contract are absolute. Over the last fifteen years of contract performance, the Government has purchased between 20 and 100 sets per week.

6.3. Task 3 - Current Hits Service.

6.3.1. Contractor Provided Music Service on CD Weekly "CURRENT HITS SERVICE" consists of Contractor-provided, regularly released current hit music selections on Compact Disc(s) in (at least) the following six major formats and the major subgroupings commonly associated with those major formats:

(1) Contemporary Hit Radio (CHR), including Top 40, Contemporary Hits-Pop and Contemporary Hits- Rhythmic

(2) Country

(3) Adult Contemporary, including Hot Adult Contemporary

(4) Rock, including Active Rock, Alternative, Adult Album Alternative

(5) Urban Contemporary including Urban Adult Contemporary

(6) Smooth Jazz

6.3.2. The Contractor shall assure that AFN receives timely delivery of, at least, the current 40 top songs in all of the formats noted. However, some formats (currently, Urban AC, AC, Smooth Jazz, Rock, and Adult Album Alternative) normally limit their “top current hits” consideration to 30 songs; the Contractor shall assure that AFN receives timely delivery of, at least, the top 30 current songs in such formats.

6.3.3. Contractor shall utilize lists of the most frequently played songs by radio stations in the United States to determine the selections to be included. Top American radio industry music airplay and research programs and trade publications (such as Billboard, or Radio and Records) or airplay research information (such as that produced by MediaBase and Broadcast Data Systems) shall be used to meet this requirement.

6.3.4. “Timely delivery” of the songs shall be construed to mean Contractor's delivery of completed CDs to the United States Postal Service (USPS) not later than seven (7) calendar days after the "release date" (vice "publication date") of the radio industry trade sources used to determine the music selections.

6.3.5. The Contractor shall also make the songs released on CD available to AFN-BC affiliate stations via timely, internet or FTP download. Songs available for download shall be encoded in MP3 or equivalent format.

6.3.6. The completed sets of current hit CDs along with weekly data updates for the computerized music library and scheduling program shall be delivered to the nearest distribution center of the USPS for shipment via first-class (or priority) mail to AFN-BC outlets and shall have all labels required by the USPS. for delivery to AFN outlets abroad.

6.3.7. Songs provided to AFN shall conform to broadcast standards generally accepted in the United States. The Contractor shall make a good faith effort to provide special warnings and radio edited versions to accompany selections which contain language or concepts that have a likelihood of being interpreted as indecent, profane, explicit, defamatory, racially insensitive or otherwise objectionable by reasonable listeners.

6.4. Task 4 - Imprinting, Labeling and Packaging.

6.4.1. Each CD shall be delivered in a standard, Contractor furnished, plastic case (aka "jewel box"). AFN shall have the option of switching in whole or in part from plastic cases/jewel boxes to suitable cardboard or similar CD holders.

6.4.2. Each CD shall be imprinted with information that includes (but is not limited to) the following:

a. Disc number within series

b. Cut number

c. Name of each song

d. Recording artist for each song

e. Government furnished Department of Defense indicia intended to reduce pilferage

6.4.3. Each original CD shall be identified by a unique identification code. No code may duplicate existing codes used in AFN’s existing CD music library. A list of those codes shall be provided upon request. The characteristics of the code shall be consistent with the capabilities of (at least) the “Powergold” music scheduling and library inventory program used by many AFN affiliates.

6.4.4. Each jewel box or cardboard holder shall include a liner-insert with information that includes (but is not limited to) the following information for all selections on the disc:

a. Disc number within series (printed on the main part of the liner and on both ends)

b. Cut number

c. Name of the song

d. Name of performing artist(s)

e. Intro (ramp or pre-post) time

f. Total run time

g. Nature of the ending (cold, fade, etc.)

h. Version (if applicable); e.g., "original version", "radio edit", "album version", etc.

i. Content warnings (if appropriate) that shall be clearly understood by all users

j. Disc release date

6.5. Task 5 - Contractor-provided Computer Data for use in Music Scheduling Computer Programs.

6.5.1. The Contractor shall provide weekly data updates for use in music scheduling programs (such as “Powergold”) to accompany each weekly CD release.

6.5.2. Updates will include Contractor-made entries describing the song or the song's likely use in at least the following categories:

a. Song I.D.

b. Title

c. Artist

d. Run time

e. Intro time

f. Year

g. Song Ending

h. Source I.D.

i. Last played (an arbitrary, long-expired date is necessary for some scheduling programs to properly sort songs)

j. Source identification number

k. Category

l. Qualities (tempo 3-step, tempo 5-step, intensity, female/male, vocal, vocal style, ethnic, instrumental)

6.5.3. Updates will be coded in DBF (xbase-compatible, readable by Microsoft's Excel), Fixed-Field-Length ASCII, and/or Comma-Delimited ASCII.

6.5.4. Contractor shall provide free user support to DMA to respond to questions about the compatibility of its weekly data releases with a variety of common music scheduling programs.

6.6. Task 6 - Product Security.

6.6.1. The Contractor shall assure all CDs are labeled with the "For AFRTS (American Forces Radio & Television Service) Use Only," or similar warnings or indicia to be specified by the Defense Media Center, and distributed only to the DMA AFN-BC or specified AFN outlets. The materials are accountable items; their unauthorized possession is a violation of Federal law.

7. Performance Standards.

Performance Standard Acceptable Quality Level (AQL) Method of Surveillance Subtask 6.1.1 – The Contractor shall master, duplicate, package, label, and mail weekly hit music updates on CDs for distribution to outlets of the AFN; provide access to the same music via internet download in .mp3 format;

provide weekly computerized music data updates for use in music scheduling systems to keep those systems current with the music releases provided by the Contractor.

Performance occurs with successful download or receipt of HitDisc CD’s 95 % of the time. Problems that occur are minor and resolved in a satisfactory manner.

Routine inspection of deliverable products and services.

8. Place of Performance. The place of performance will be at the contractor’s location.

9. Period of Performance. One (1) year after award of contract plus four (4) one (1) year options.

10. Delivery Schedule. Per Paragraph 6.2.2, the contractor will ensure digital downloads of the weekly HitDisc music release is available every Friday and that CD copies are delivered by the following Wednesday.

11. Security Requirements. None

12. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI). None

13. Other Pertinent Information or Special Considerations. None

a. Identification of Possible Follow-on Work. None

b. Identification of Potential Conflicts of Interest (COI). None

c. Identification of Non-Disclosure Requirements. Not applicable

d. Packaging, Packing and Shipping Instructions. None

e. Inspection and Acceptance Criteria. None

f. Property Accountability. Not applicable

14. Section 508 Accessibility Standards. Not applicable. The following Section 508 Accessibility Standard(s) (Technical Standards and Functional Performance Criteria) are applicable (if box is checked) to this acquisition.

Technical Standards

1194.21 - Software Applications and Operating Systems

1194.22 - Web Based Intranet and Internet Information and Applications

1194.23 - Telecommunications Products

1194.24 - Video and Multimedia Products

1194.25 - Self-Contained, Closed Products

1194.26 - Desktop and Portable Computers

1194.41 - Information, Documentation and Support

The Technical Standards above facilitate the assurance that the maximum technical standards are provided to the Offerors. Functional Performance Criteria is the minimally acceptable standards to ensure Section 508 compliance.

This block is checked to ensure that the minimally acceptable electronic and information technology (E&IT) products are proposed.

Functional Performance Criteria

1194.31 - Functional Performance Criteria

ATTACHMENT A

Delivery Schedule

AFN BROADCAST CENTER

AFN RADIO

23755 Z STREET

RIVERSIDE CA 92518

AFRTS-BC

RADIO PRODUCTION

23755 Z ST.

MARCH ARB CA 92518

DINFOS, BROADCASTING DOT

RADIO SKILLS, MUSIC CENTER

6500 MAPLES RD.

FORT GEORGE G. MEADE MD 20755-5620

NAVMEDIACENTER DET MCMURDO

BOX 100/CODE 15

PSC 469

FPO AP 96599-5100

NMC DET GUANTANAMO BAY

STATION MANAGER

RADIO

PCS 1005, BOX 22

FPO AE 09593-0122

USS ASHLAND (LSD 48)

COMMANDING OFFICER

AFRT STATION

FPO AE 09564-1736

USS CARL VINSON (CVN 70)

COMMANDING OFFICER

AFRT STATION

FPO AP 96629-2840

USS DWIGHT D EISENHOWER (CVN 69)

COMMANDING OFFICER

AFRT STATION

FPO AE 09532-2830

USS FORT MCHENRY (LSD-43)

COMMANDING OFFICER

ATTN: PAO

FPO AA 34091-1731

USS GEORGE H.W. BUSH (CVN 77)

COMMANDING OFFICER

SITE/CCTV TV

FPO AE 09513-2803

USS GEORGE WASHINGTON (CVN-73)

COMMANDING OFFICER

SITE TV OR PAO

FPO AP 96650-2801

USS HARRY S TRUMAN (CVN 75)

COMMANDING OFFICER

ATTN: PAO/SITE CCTV MANAGER

FPO AE 09524-2875

USS IWO JIMA (LHD 7)

COMMANDING OFFICER

SITE TV

FPO AE 09574-1664

USS KEARSARGE (LHD-3)

COMMANDING OFFICER

ATTN: AFRT STATION OR PAO

FPO AE 09534-1662

USS LASSEN (DDG 82)

COMMANDING OFFICER

SITE TV

FPO AP 96671-1299

USS MAKIN ISLAND LHD 8

COMMANDING OFFICER

PAO

FPO AP 96672-1601

USS OAKHILL (LSD 51)

COMMANDING OFFICER

AFRT STATION

FPO AE 09573-1759

USS RONALD REAGAN (CVN 76)

COMMANDING OFFICER

PAO

FPO AP 96616-2876

USS THEODORE ROOSEVELT (CVN-71)

COMMANDING OFFICER

SITE TV

FPO AE 09599-2871

USS WHIDBEY ISLAND (LSD 41)

COMMANDING OFFICER

AFRT STATION

FPO AE 09591-1729

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The “Lowest Price Technically Acceptable (LPTA) process will be used as the Acquisition approach. The following factors shall be used to evaluate offers:

Technical Approach Past Performance Price

Technical approach and past performance, when combined, are more important than price. Therefore, the Government may select other than the lowest priced offer if it is determined that the additional merit of a Technical Proposal is worth the additional price in relation to the other proposals received.

(b) 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 options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR 52.212-1

INSTRUCTIONS TO OFFERORS

COMMERCIAL ITEMS

PROPOSAL FORMAT AND CONTENT FOR SUBMISSION

1. All offerors shall submit two (2) stand-alone sets (original and copy) of the Price Proposal (Part

1) and three (3) stand-alone sets (1 original and 2 copies) of the Technical Proposal (Part 2).

Each set shall clearly indicate the offeror’s name and address. All proposals shall be on 8-1/2” x 11” white bond paper. Proposals shall be appropriately subdivided with tabs to separate and identify the various subparts. Offerors shall confine their submissions to providing information in sufficient detail to define their proposal and to provide an adequate basis for evaluation. All written material in the proposals shall be bound or otherwise packaged in a single volume of not more than 50 pages (excluding the Price Proposal), organized in order to facilitate evaluation.

Part I documents do not impact the page limitation. Partial submissions will result in an unacceptable determination, disqualifying the proposal for an award. In evaluating an offeror’s submissions, the Government will consider how well the offeror complied with these instructions and will view any variance adversely. The Government evaluation team will not assume any information not provided. Material submitted by the offerors will not be returned.

2. Proposals shall be in two (2) severable parts and consist of the following items:

a) Part 1 – Price Proposal – Solicitation, Offer and Award Document, SF 1449, and any amendments shall be completed by the Contractor, including the unit prices and amounts listed in the Schedule of Supplies/Services. In addition, Part I shall also contain the completed FAR clause 52.212-3, Alt I “Offeror Representations and Certifications – Commercial Items”.

b) Part 2 – Technical Proposal – Comprehension of the Statement of Work (SOW). The technical and past performance portion of the proposal shall consist of narrative and supporting data that addresses all requirements contained in the SOW. The proposal shall provide evidence that the offeror recognizes the scope of work that will be required under the proposed contract and the requirements as stated in FAR 52.212-2

– Evaluation – Commercial Items of this solicitation.

The offeror shall provide the following in their proposals:

1) Subfactor a): Provide documentation that it has the right to duplicate and distribute popular current recordings to radio stations on behalf of, at least, the top four record companies (Sony/BMG, Universal, EMI Group, Warner).

(See SOW paragraph 6.2.1).

2) Subfactor b): Provide a sample of the computer data called for in a paragraph 6.1.1, 6.3.4, 6.4, and 6.5.1 of the SOW. Ability to upload files and work in the "Powergold" music scheduling system.

3) Subfactor c): Provide evidence that at a given (recent) point in time of its choosing and extending for the period of 52 continuous weeks it has delivered the top songs via internet download or via CD, in the formats identified, not later than seven (7) calendar days after the "release date" of the radio industry source the Offeror uses to determine its selections (see SOW paragraphs 6.3.1, 6.3.2, 6.3.3 and 6.3.4). Offeror's approach to providing new music selections and establishing dates for release should be provided for evaluation.

4) Past Performance: Provide evidence of corporate performance to include documentation of appropriate operational and management qualifications and credentials in each of the work areas as outlined in the SOW and documentation of work history and demonstrated quality performance in areas during the last 5 years, which correspond to the requirements stated in the SOW. Offerors shall complete Attachment B “Organization’s Performance Questionnaire” and provide this document to firms receiving the same or similar services. The form shall be returned by the receiving firm to the email address indicated no later than May 15, 2015 for consideration. Offeror will provide the name, e-mail address and telephone number of points of contact of these firms for the Government to contact for further questions and/or information.

SUBMISSION OF OFFERS

1) Submit proposal in the format stated above. Ensure the unit and extended prices in the Schedule of Supplies/Services section and the Exhibits are accurate and complete. Also, ensure the “Offeror Representations and Certifications – Commercial Items clause is completed.

2) It is important that the outer box, envelope, or wrapper of your proposal includes the name and return address of your firm and must be addressed and marked as follows:

DEFENSE MEDIA ACTIVITY – CONTRACTING

ATTN: KITTY MAURAIS – HQ0028-15-R-0009

23755 Z STREET, BLDG 2730

RIVERSIDE, CA 92518

3) Proposals hand-carried to the Defense Media Activity – Riverside will be accepted during the hours of 0800 – 1400 (PST) at the address above. All proposals must be received by the date and time specified in Block 8 of the Standard Form 1449.

4) PERIOD OF ACCEPTANCE OF OFFER: Proposals offering less than 90 calendar days for acceptance by the Government from the date designated for receipt of offers will be considered nonresponsive and will be rejected.

5) 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.

6) Questions to the solicitation may be submitted by e-mail or in writing NOT LATER THAN April 30, 2015, 2:00 PM Pacific Standard Time to kathryn.a.maurais.civ@mail.mil or at Defense Media Activity – Contracting, ATTN: Kitty Maurais, 23755 Z Street, Riverside, CA 92518. This is an all-electronic solicitation release. No hard copies will be mailed.

Amendments to the solicitation and Questions & Answers and any other updates or information will be posted to the Federal Business Opportunities (FedBizOpps) website at www.fbo.gov. IT

IS THE RESPONSIBILITY OF EACH OFFEROR TO REGISTER FOR AND REVIEW

THE WEBSITE FOR NOTICE OF AMENDMENTS, UPDATES, OR CHANGES TO

CURRENT INFORMATION.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2014)

ALTERNATE I (MAY 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United

States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a small business concern—

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed…