USAGM Solicitation - Music Show NY Final REV 8.3.23.pdf

Request for Proposal (RFP)

Solicitation: USAGM23RFP0823AM

Issue Date: August 3, 2023

Modified Date: August 3, 2023 Added Section D Clauses and Provisions

Proposals Due: August 17, 2023

Issued by: The United States Agency for Global Media (USAGM)

RE: New York, New York Harmony (Music Show)

NAICS Code: 512110 – Motion Picture and Video Production

Questions Regarding RFP: All questions regarding this RFP shall be submitted by email to Rony Guija and Alisa Martine at VOARFQCON@voanews.com. Questions must be received no later than 2:00 p.m. Eastern Daylight Time on Tuesday, August 8, 2023. All questions presented prior to this deadline will be addressed. No further questions will be taken.

Due Date and Time for Receipt of Vendor’s Proposal: Proposals are due August 17, 2023, at

12:00 PM EDT.

Offerors shall request confirmed receipt of their proposal prior to the solicitation close date, August 17, 2023.

Electronic copies should be delivered to VOARFQCON@voanews.com attention to: Alisa Martine and Rony Guija with the solicitation number in the subject line. Hard copies will not be accepted.

Proposals shall be limited to thirty (30) pages. This page limit excludes any cover page(s) or table(s) of contents.

Proposals shall contain three (3) separate volumes:

Volume I: Technical Approach Volume II: Past Performance Volume III: Price

Evaluation Methodology:

The Government shall determine the best value based on the Technical, Past Performance and Price factors.

Descriptions for each factor may be found in Section B of the RFP.

mailto:chill@usagm.gov mailto:VOARFQCON@voanews.com mailto:VOARFQCON@voanews.com

SECTION A

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.106 in conjunction with FAR subpart 13.501 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested, and a written solicitation document will not be issued.

The U.S. Agency for Global Media (USAGM) and its entity Voice of America (VOA) intend to award a Blanket Purchase Agreement (BPA) for a New York Harmony music show that will meet the needs of the requirements in this SOW.

The Contractor shall produce a professional, broadcast-ready series of a New York Harmony music show that will air for 1 hour each week once all episodes are received and accepted. The Contractor must provide all services and materials necessary to plan, organize, facilitate, manage, host, and produce the New York Harmony music show. The show will focus and feature up-and-coming artists and established musicians from a variety of genres performing their original music.

NAICS Code: 512110 – Motion Picture and Video Production

Place of Performance: Work will be performed at the Contractor’s work site and host venue in New York, NY.

CONTRACT TYPE

Firm Fixed Price

PERIOD OF PERFORMANCE

The period of performance shall be one (1), six-month base period with four (4), six-month option periods should there be a continued need. The Blanket Purchase Agreement (BPA) shall not exceed two and a half (2.5) years. The option periods shall be exercised solely at USAGM’s discretion and are subject to the availability of funds.

PLACE OF PERFORMANCE

The primary place of performance will be at the Contractor’s facility and at the venue location (once secured) where filming is conducted.

End of Section A

SECTION B

EVALUATION FACTORS

The Government will award a Blanket Purchase Agreement resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be the “best value” and most advantageous to the Government, price and other factors considered.

Factor 1 – Technical Approach:

The Offeror's Technical Approach will be evaluated to determine if the Offeror understands the requirements and possesses the specialized knowledge, resources, and skill in the relevant areas for the production of a professional, broadcast-ready series of a New York Harmony music show that will air for one (1) hour each week once all episodes are delivered and accepted. In addition, the Technical Approach shall address each functional element below in enough detail to clearly and fully demonstrate that the Offeror meets the requirements and understands the inherent challenges and risks associated with this requirement.

The Offeror’s technical proposal shall address:

• Demonstrated track record of creating a schedule of episodes to include the different genres of music to be featured, the artists, and episode theme, if applicable.

• Demonstrated track record of managing all payment(s) of all costs associated with the music show including but not limited to venue, equipment, travel, and performance.

• Demonstrated track record of delivering edited final episodes in .mp4 via file transfer protocol

(FTP).

• Demonstrated track record of delivering episodes in High Definition (16 x 9, 1080p, NTSC, 60 frames per second [fps]). This should include professional quality filming combination of fixed and handheld cameras.

• Demonstrated track record of providing all materials and services required to write, produce, edit and deliver a music show episode.

• Resume/Qualifications of the Offeror’s Executive Producer/Key Personnel that showcase the ability to lead and manage a team skilled in quality audio and video delivery; ability to multi-task; and documented experience in pre- and post- production.

• Proposed Production Schedule addressing all key milestones needed to execute and deliver the 10-episode series.

• Copy of active, SAM.gov registration

Factor 2 – Past Performance:

Offeror(s) shall provide (3) three major clients supported with a preference for musical media organizations. These past performance references should reflect a similar scope and complexity within the last 5 years. Past Performance shall include name of the customer/media organization, point of contact; period of performance and the summary of work performed and the Executive Producer/Key

Personnel if different from the resume submitted with the technical proposal.

The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. Offerors lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance, i.e. Offerors lacking relevant past performance information will receive a neutral rating. However, the proposal of an Offeror with no relevant past performance history, while not rated favorably or unfavorably for past performance, may not represent the most advantageous proposal to the Government and thus, may be an unsuccessful proposal when compared to the proposals of other Offerors. If an Offeror fails to provide any past performance information which meets the requirements detailed in the RFP or fails to affirmatively state that it possesses no relevant directly related or similar past performance, the offer may not be acceptable for award.

The assessment of the Offeror’s past performance will be used as a means of evaluating the relative capability of the Offeror to successfully meet the requirements of the RFP. The Past Performance factor will be used to determine the risk of non-performance, defective performance, and/or late performance by evaluating each Offeror’s reported quality of work and relevant experience with the type of services being solicited. In determining the rating for the past performance evaluation factor, the Government will give greater consideration to the references which the Government determines are most relevant to the requirements in Section C.

The Contractor will be evaluated on the relevance and quality of past performance. Contractors shall detail their experience performing similar work in TV production/music events. The Contractor shall list the last total production activity with similar specifications, the city/state where it was implemented, and where possible, the client for whom work was conducted.

Past Performance is defined as a measure of how well the Contractor has performed under previous efforts of similar size, scope, and complexity. USAGM’s evaluation of past performance will be a subjective assessment based on information provided by the Contractor and information obtained independently from a variety of public and private sources including the references provided in the proposal.

Factor 3 – Price:

Offerors are required to furnish an itemized estimated cost breakdown and profit quotation including all elements needed to execute and deliver the ten (10) episode series at the firm-fixed-price offeror proposes. USAGM will pay the firm-fixed-price, which does not take into account the actual costs the contractor incurs.

Offeror shall submit a Price Proposal separate from its Technical Proposal and Past Performance Proposal.

The Government will evaluate the total firm-fixed-price for accuracy, completeness, and reasonableness and in comparison to the total firm-fixed-price of other Offerors. The Government reserves the right to reject an offer that contains unbalanced pricing pursuant to FAR 15.404-1(g)(3).

EVALUATION OF PROPOSALS

The Government shall evaluate the Technical Approach factor using three confidence rating definitions (High Confidence, Some Confidence, and Low Confidence).

DETERMINATION OF BEST VALUE

USAGM will award a BPA to the Offeror that is judged, by an integrated assessment of all of the evaluation factors, to be the “best value” to the Government.

The following factors shall be used to evaluate offers in descending order of importance:

1. Technical Approach

2. Past Performance

3. Price

Factors 1 and 2 are each individually more important than Factor 3.

USAGM reserves the right to make one award or no award, depending upon the quality of the proposals submitted and the availability of funds.

The Government intends to evaluate proposals and award a contract without discussions with Contractors. Therefore, the Contractor’s initial proposal should contain the Contractor’s best terms from a cost or price and technical standpoint.

USAGM will not, in any case, make award to a Contractor it considers to have substandard capabilities or unreasonable prices.

If the Contractor’s proposal is determined low confidence in either of the technical evaluation factors, the proposal may not be considered for award.

Rating System: For Technical Approach

The USAGM will evaluate the Technical Approach evaluation factors using the three (3) confidence rating definitions: High Confidence, Some Confidence, and Low Confidence. If two or more technical factors is rated Low Confidence, it will result in an overall rating of Low Confidence.

Technical Proposal Rating:

Confidence Rating Description High Confidence The Government has high confidence that the

Contractor understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some Confidence The Government has some confidence that the Contractor understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention.

Low Confidence The Government has low confidence that the Contractor understands the requirement, proposes a sound approach, or will be successful in performing the contract even with Government intervention

Rating System: For Past Performance

The Past Performance evaluation factor will be evaluated using five (5) confidence level ratings: High Level of Confidence, Moderate Level of Confidence, Low Level of Confidence, No Confidence, and Neutral. Past Performance assessments will help the USAGM predict how a Contractor will perform based on contract performance on requirements of similar type, size, and complexity. A Contractor without any past performance will receive a neutral rating.

Past Performance Rating Adjective Description High Level of Confidence

The Offeror’s recent and relevant past performance is very relevant to this acquisition; demonstrating very effective performance that would be fully responsive to contract requirements with contract requirements accomplished in a timely, efficient, and economical manner for the most part with only minor problems with little identifiable effect on overall performance. Based on the Offeror’s performance record, there is a high level of confidence that the Offeror will successfully perform the required effort.

Moderate Level of Confidence

The Offeror’s recent and relevant past performance is relevant to this acquisition, and it demonstrates effective performance; fully responsive to contract requirements; reportable problems, but with little identifiable effect on overall performance. Based on the Offeror’s performance record, there is a moderate level of confidence that the Offeror will successfully perform the required effort.

Low Level of Confidence

The Offeror’s recent and relevant past performance is at least somewhat relevant to this acquisition, and it meets or slightly exceeds minimum acceptable standards; adequate results; reportable problems with identifiable, but not substantial, effects on overall performance. Based on the Offeror’s performance record, there is a low level of confidence that the Offeror will successfully perform the required effort. Changes to the Offeror’s existing processes may be necessary in order to achieve contract requirements.

No Confidence The Offeror’s recent and relevant past performance is not relevant to this acquisition, and does not meet the minimum acceptable standards;

adequate results; reportable problems with identifiable substantial effects on overall performance. Based on the Offeror’s performance record, there is no confidence that the Offeror will successfully perform the required effort

Neutral In the case of an Offeror without a record of recent and relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance [see FAR 15.305(a) (2) (ii), and (iv).]

End of Section B

SECTION C

STATEMENT OF WORK

UNITED STATES AGENCY FOR GLOBAL

MEDIA VOICE OF AMERICA

STATEMENT OF WORK

New York, New York

Harmony (Music Show)

INTRODUCTION

The U.S. Agency for Global Media (USAGM) is an independent federal agency and the parent organization of Voice of America® (VOA®). The mission of the USAGM is to inform, engage, and connect people around the world in support of freedom and democracy. The USAGM broadcast services include two federal entities: The Voice of America (VOA) and the Office of Cuba Broadcasting (OCB);

and four USAGM-sponsored grantees: Radio Free Europe/Radio Liberty (RFE/RL), Radio Free Asia (RFA), the Middle East Broadcasting Networks. Inc. (MBN), and Open Technology Fund (OTF).

The USAGM upholds freedom of expression and information as universal human rights. The USAGM fosters and sustains free and democratic societies by exemplifying and supporting free media. The USAGM networks pursue this mission through their own engaging content on television, radio, Internet, social and mobile platforms, and by working closely with media partners around the world that bring our content into local markets, establishing valuable connections to critical institutions that support civil society and democratic principles. With media sources proliferating around the world, information is more powerful than ever. But the existence of more media does not yield more press freedom. Using professional journalism, USAGM networks provide an alternative to disinformation and extremist propaganda.

VOA uses broadcast and digital platforms, including web and mobile media, to engage viewers, listeners, users, and friends. Radio and television broadcast to approximately 3,000 affiliates, and satellite transmissions reach countries where free speech is banned or where civil society is under threat. VOA’s mobile apps have registered more than one million downloads and cater to users on all major mobile platforms. With the largest audience of all U.S. international media, VOA continues to be a beacon of hope for underserved audiences who yearn for information about freedom of expression, civil society, and change.

With programming in 61 languages, thousands of media partners, and on-the-ground reporting capabilities around the world, USAGM networks are also well poised to react quickly in crisis situations. To have an impact with audiences, the USAGM must provide quality programming and earn the trust of audiences.

The programming of USAGM networks is consumed by a worldwide audience of 278 million people in 61 languages each week.

BACKGROUND AND OBJECTIVES

VOA has a long history of using music to open doors into the homes of millions of audiences globally to create a bridge to connect different cultures and share stories through verse.

The VOA Persian News Network (PNN) Service has a requirement for content which will continue to improve its television programming to increase viewership for its target audience(s) of viewers between the ages of 18-35. The VOA PNN has a need for a production company to execute and deliver TV-ready programming highlighting the power of music.

The programming under this Statement of Work (SOW) shall be structured as a music show, filmed on location in New York, New York, hosted by a key personnel of VOA and meeting the requirements outlined within this Statement of Work (SOW).

The working title of the music show is “New York Harmony” (hereinafter “Music Show”). This Music Show will showcase the interaction/impact of different genres of music in the greatest Cosmopolitan city in the world, NY, NY. It is the best manifestation of the melting pot of the United States. “New York Harmony” will feature up-and-coming artists and established musicians that reside in New York from a variety of genres performing their original music and cover versions of other artists’ music in a New York City venue, filmed live in front of a limited, studio audience with commentary and interviews by a key personnel of VOA.

SCOPE

The Contractor shall deliver a professional, broadcast-TV ready, ten (10) episode series of a “New York Harmony” Music Show. The Contractor is responsible for executing and coordinating all services and materials for this Music Show which will include all aspects of pre-production through post-production with coordination from VOA’s key personnel.

The full range of services to meet VOA/PNN’s specifications include but are not limited to: planning;

organizing; coordinating; conducting; recording the ten (10)-episode Music Show; scouting and securing an adequate venue; procuring the equipment and furniture necessary to conduct the live shows; scouting and booking musical talent; writing; directing; facilitating; managing and producing the filming of each episode; coordinating and executing the graphics; music (all licensing fees for compositions and sound recordings by the musicians, including payment of any and all royalties); and creative vision for each episode with consideration of executing pre-production, production, and post-production to deliver the broadcast-ready episodes to VOA.

The Contractor shall provide a venue acceptable to VOA in the New York City area needed for the show.

The Music Show will be recorded in front of a limited-guest audience at a venue -TBD*- in New York City. The premiere season will consist of ten (10) episodes utilizing the programming rundown in Attachment 1. VOA’s key personnel/host will kick off the Music Show and introduce the musical artist(s) who will perform up to eight (8) musical songs that will be recorded live at the venue with no over dubs or editing.

*Note: The Contractor is responsible for presenting up to five (5) venues for film production to VOA.

VOA has final approval on the venue location.

TASKS

The Contractor shall perform the following tasks in producing the professional, broadcast-ready episodes of the ten (10) episode “New York Harmony” Music Show:

a. Provide all materials and services required to write, produce, edit, and deliver a total of ten (10) one-hour Music Show episodes using VOA’s key personnel as the host. The show must target the interaction/impact between New York City and different genres of music as the core of this program.

b. Develop a production schedule for the entire series with critical milestones for each episode to include the different genres of music to be featured, the artists, and episode theme, if applicable.

c. Develop every episode per Attachment 1 Schematic Rundown.

d. Deliver each episode in High Definition (16 x 9, 1080p, NTSC, 60 frames per second [fps]). This should include professional quality filming using a combination of fixed and handheld cameras. The Contractor must adhere to the highest standards of professional broadcasting in all aspects of the Music Show’s creation and production. The Contractor shall be responsible for the creative vision and format of the show, with VOA final approval. Pursuant to FAR 52.227-17, VOA shall have unlimited rights in all content and programming incorporated into the Music Show, including but not limited to all compositions and sound recordings. Any use of the Music Show episodes by Contractor, or the musicians or artists featured in the Music Show, must be approved in writing in advance by the Contracting Officer.

e. Deliver edited, final episodes to VOA as an .mp4 file via File Transfer Protocol (FTP). The delivered product must have a total runtime that is within 20 seconds of the required 60-minute run time.

f. Manage all payment(s) of any and all costs associated with the Music Show including but not limited to venue, equipment, travel, and performance.

The Contractor must provide all personnel in connection with the production and delivery of the “New York Harmony” Music Show. This includes, but is not limited to, camera operators, lighting crews, audio engineers, and a team of professional and experienced writers, directors, producers, and editors. All personnel in connection with the planning, facilitation, management, and production of the Music Show including but not limited to venue selection, scheduling and administrative, social media marketing, production and post-production, and finishing must be sufficient in number and experience to produce the broadcast-ready show.

The Contractor must use its own staff, resources, sets, equipment, vehicles, and insurance for all aspects of planning, facilitation, management, conduct, and content production, including but not limited to on-location video production and post-production video editing. The Contractor must secure any and all needed permissions for any elements of music, text, illustrations/graphics, photos, video, designs, trademarks, or other artwork that are included in the show’s production. The Contractor must provide a copy of all permissions, releases, and clearances to VOA upon request.

The Contractor is responsible for undertaking all tasks to complete each episode, such as acquiring equipment or subcontracting, in order to deliver a finished product. The quantity and the quality of the shows shall be reviewed by the Contracting Officer’s Representative (COR) to ensure that the Contractor is meeting the requirements of PNN with respect to this Music Show.

The Contractor shall be responsible for all of the production costs including travel and miscellaneous costs for all participants and production crew as well as all efforts required to write, record, produce, edit, create graphics, and deliver the required episodes/show.

The episodes/show shall be without any political bias or advertising.

PROGRAM SCHEDULING AND ADDITIONAL PARAMETERS

1. Program Schedule

The Contractor shall ensure the premiere date for the Music Show requirements stated herein is adhered to in completing all efforts required to meet that date.

The Contractor shall deliver all content and programming for the Music Show within six (6) months from award. VOA’s preferred developmental Phase Schedule is outlined below; however, the Contractor is responsible for developing its own schedule based on the six-month period of performance for the base period.

VOA’s Preferred Developmental Phase Schedule

Phase Item Latest Start Date

Duration (Estimated)

1 Scouting Talent/Venue Selection

TBA 10 Days

2 Set design TBA 20 Days

3 Set loading TBA 7 Days

4 Set lighting TBA 7 Days

5 Technical Rehearsals TBA 14 Days

6 Program Premiere TBA 150 Days

2. Scouting Talent

The Contractor shall coordinate with VOA’s key personnel to develop a list of both up and coming and established artists to approach for participation in “New York Harmony.”

• Estimate 10 business days to develop a list of artists

• Estimate minimum of 14 business days to receive consent and licensing rights.

3. Pre-Production Schedule

The Contractor shall ensure all pre-production activities, i.e., venue selection, set design, construction, loading, lighting, technical rehearsals for the Music Show required by this SOW, are completed with respect to the schedule below:

• Set Design beginning no later than TBA. Estimate 20 business days to plan.

• Estimate minimum 7 business days for set loading.

• Estimate minimum 7 business days for set lighting.

• Estimate minimum 14 business days for technical rehearsals.

4. Production Schedule

The Contractor shall ensure that all production activities outlined below are completed for the Music Show as required by this SOW, within 6 months from contract award. Actions include pricing of the various production activities, including:

• “Lock-in” rate: Beginning with award of contract, including set design phases.

• “Load-in/Pre-pro” rate: Includes set loading and lighting phases (TBA)

• “Show Production” rate: beginning with technical rehearsals, and Program Premiere for six months

(effective TBA)

• Program Premiere date: Six (6) months from contract award.

• Stage and control room commitment

• All Contractor staff/crew/equipment required for setup.

5. New York, New York Studio and Equipment

The Contractor shall provide the following to produce the Music Show as required by this SOW:

Technical Equipment

• 3 or more cameras, including a JIB camera, plus wired and/or wireless microphones for hosts and guests.

• Required lighting equipment

• Venue-provided audio mixer

• Amplifiers, musical equipment to support the artists’ trade, e.g., pianos, keyboards, etc.

6. Set Design / Requirements

The Contractor shall provide the following with respect to set design* to meet this SOW’s Music Show requirements.

Main Stage for 1 host plus musical guest (to include bands with as many as five (5) members)

• Stage area for performance

• Furniture options on stage (i.e., Couches, Chairs, tables, etc.)

7. New York, New York Contractor Staff and Crew Requirements

The Contractor shall provide the following with respect to Contractor staff and crew to meet the Music Show requirements included in this SOW.

Technical Crew

• Executive Producer

• Full operating staff for the on-site control room (including graphics operator)

• Camera operators

• Sound technician

1. Ability to record multichannel and give VOA a mixed and mastered audio recording

2. Quality good for TV and on-line sound cloud

• Technical director/director

• Any other technical production staff necessary for full studio operation (e.g., stage technicians, lighting director, engineers in charge, floor managers, etc.)

• Make-up artist

*Note: The VOA will provide final approval of the final NY, "New York Harmony” Music Show, including but not limited to, venue, artists, set design and content.

8. Intellectual Property

Per FAR clause 52.227-17, USAGM shall have unlimited rights in the Music Show, including all sound recordings of live performances, incorporated into the Music Show. Unlimited rights means the non-revocable, worldwide, royalty-free, perpetual rights of USAGM to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

The Contracting Officer may direct the Contractor to assign (with or without registration), or obtain the assignment of, any copyright or trademark resulting from the Music Show to USAGM or its designated assignee.

The Contractor shall not, without prior written permission of the Contracting Officer, incorporate any content not first produced in the performance of this contract unless the Contractor identifies such content and grants to USAGM, or acquires on its behalf, a license for unlimited rights as described above.

The Contractor shall be responsible for obtaining unlimited rights to all programming and content incorporated into the Music Show, including but not limited to, all sound recordings of live performances featured in all episodes of the Music Show. These rights shall be obtained across all media and platforms, including but not limited to: radio, television, satellite, internet, and social media. To obtain these rights, Contractor shall, at a minimum:

• Obtain approval from all musicians and artists featured in the Music Show for the unlimited rights to use their name, image ,and likeness as well as the sound recordings of live performances;

• Distribute licensing fees as payment for musicians performing.

• Stipulate that musicians appearing on the Music Show refrain from posting their performance on social media or their website(s) until after the Music Show episode has aired;

• Secure any and all licensing rights, including payment of royalties, to secure use of all compositions, sound recordings, images and clips for each episode of the Music Show; and

• Ensure live audience/production teams refrain from recording the performances on a smartphone or similar recording device.

Contractor shall retain all signed licensing agreements and make available to VOA when requested. VOA encourages the musicians and production company to promote their performance and the New York Harmony program name. All social media promotions must be approved by VOA in advance.

KEY PERSONNEL:

1. The Contractor shall designate one point of contact to serve as the Executive Producer and Key Personnel. The Contractor shall provide the name, telephone number, facsimile number, and email address of the individual to the Contracting Officer in writing upon award of the contract. This individual is the Contractor’s primary contact for coordination with the Government, and he/she shall have delegated authority to make binding decisions for the Contractor without recourse for higher authority.

2. VOA has designated Arash Sobhani, who will serve as the program’s host, as the Government’s key personnel.

No changes to both parties of Key Personnel without first providing 30-day written notice and obtaining written authorization from the Contracting Officer.

DELIVERABLES:

The Contractor is responsible for delivering ten (10) TV-ready episodes. VOA has outlined the following milestones it prefers; however, the Contractor is responsible for developing its own production schedule based on the six-month period of performance for the base period.

VOA’s Preferred Delivery Schedule:

Item Description Qty Due Date Government Turnaround Time

A

Kick-Off Meeting 1

NLT 5 business days from award

N/A

B Schedule of episodes

NLT 10 business days from award

Approval within 5 business days of receipt

C Opening montage

NLT 35 business days from award

Approval within 5 business days of receipt

D 60-minute Pilot Episode

NLT 45 business days from award

Approval within 5 business days of receipt of the pilot episode https://bbg-my.sharepoint.com/personal/amartine_usagm_gov/Documents/Solicitations/PNN/Music/Arash%20Sobhani%20Profile.docx

E 60-minute remaining episodes 9

5-days after delivery of each episode following the premier

Approval within 2 business days of receipt

Virtual Kick-Off Meeting must be held within five (5) business days from award to introduce key members from both the Contractor and VOA and discuss any and all pertinent factors needed to deliver the Music Show.

No later than ten (10) business days from award, the Contractor must submit a schedule of episodes that will outline the genres/musicians to be featured, and any theme (if applicable) to which an episode will adhere. In the same timeframe (10 business days), the Contractor must submit two (2) social media promos to be approved and subsequently posted on the host’s social media page.

The Contractor must provide VOA with a rough-cut copy of the opening montage, to be used for each episode, at least ten (10) business days prior to delivering the pilot program for VOA’s editorial review, edits, and approval to finalize. The Contractor must be responsible for any revisions that are requested by

VOA.

The Contractor must deliver a pilot/premiere, 60-minute episode within forty-five (45) business days of award, and one episode per week following the submission of the pilot/premiere episode for a total of 10 episodes. The Contractor must include the up-to 30-second opening montage on each episode with no more than 30 seconds of program credit and acknowledgement as part of the closing of each episode.

The Government will review submissions and return any requests for edits or changes within five (5) business days for deliverables A-D, and within two (2) business days for deliverables.

CONTRACT TYPE:

The BPA will be Firm-Fixed-Price (FFP). All work performed under this BPA must be completed by the time agreed upon by the Government and the Contractor and must not exceed the firm-fixed price , i.e., the Contractor is responsible for undertaking all tasks necessary to complete the ten (10) episode series within the firm-fixed price set forth in the BPA.

The Government’s preference is for the Contractor to deliver each episode and receive payment after each episode is accepted by VOA. The Government may consider a payment schedule based on key milestones met proposed by the Contractor.

SECURITY REQUIREMENTS: N/A

Other Unique Requirements and Considerations:

Each episode of the delivered show will adhere to the latest VOA Best Practices Guide and Journalistic Code, and those documents are incorporated here by reference.

Confidentiality Requirements:

Contractor shall not disclose to any third party (other than its respective employees, in their capacity as such and only on a need-to-know basis), any confidential business information concerning VOA that was acquired or derived in the course of performance.

PLACE OF PERFORMANCE:

The primary place of performance will be at the Contractors’ facility and at the venue location (once secured) where filming is conducted.

GOVERNMENT FURNISHED EQUIPMENT (GFE):

The Government will not provide any government-furnished property but will perform key functions as stated below:

VOA will provide the following government staff and services to support the Music Show, all which will be located on-site in NYC:

• Show host (one host) – See Attachment 2 Background/Biography

• Support to Contractor to vet Performance Artists discovered by the Contractor

ACCEPTANCE:

All work will be completed in accordance with standard procedures and guidelines provided orally or in writing by the COR who will be appointed at the time of the award. Submissions should be made using standard business software used by USAGM, such as Excel, MS Word, and/or PowerPoint (see deliverables).

All deliverables will be sent to the COR and/or designated Government official. All deliverables submitted during a billing cycle should be listed on the invoice. Delivery method will vary depending on the deliverable, options including:

• Email as preferred delivery method for texts, scripts, and any project correspondence.

• Email or any digital file transfer service for downloads over the Internet as preferred delivery method for low resolution draft/intermediate videos.

• Physical hard drive (readable on MacOS and Windows) via courier service (FedEx, UPS) as preferred delivery method for final deliverables of full resolution, full quality finished video.

The USAGM has the authority to reject any episode delivered as part of the show and program deliverable(s) if it is deemed unsuitable for broadcast in accordance with VOA’s mission. In the event that any deliverable(s) is rejected, the Contractor must send a replacement within five (5) business days for broadcast. VOA reserves the right to reject, edit, and adjust any submitted video. The Contractor shall be responsible for any revisions that are requested by VOA. Revisions are at the Contractor’s expense.

PERIOD OF PERFORMANCE:

The period of performance will be a Base Period with a firm requirement of six months, plus an option period of six months, with this same structure for another four option periods should there be a continued need for this Music Show.

Base Period–six months each Option Period 1 –six months each Option Period 2 - six months each Option Period 3 - six months each Option Period 4 - six months each

INDEMNITY

The Contractor shall indemnify the USAGM and its officers, agents, and employees acting for USAGM against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication, or use of any content or programming furnished under this contract; or any libelous or other unlawful matter contained in such content or programming.

FAR 32.905 INVOICING:

The Contractor shall deliver ten (10) complete episodes to the Government.

The Contractor shall submit invoices only for work that has been submitted to the COR inspected and accepted by the COR. All invoices submitted by the Contractor shall comply with FAR 52.232-25 Prompt Payment.

1952.232-91 Electronic Invoicing and Payment Requirements - Invoice Payment Platform (IPP) (April 2016)

Payment requests for all new awards must be submitted electronically through the U.S. Department of the Treasury's Invoice Payment Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https://www.ipp.gov.

End of Section C

SECTION D

PROVISION AND CLAUSES

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference.

All FAR clauses may be viewed at http://acquisition.gov/comp/far/index.html Provisions 52.204-7 – System for Award Management 52.204-16 – Commercial & Government Entity Code Reporting 52.204-17 – Ownership or Control of Offeror 52.204-18 – Commercial & Government Entity Code Maintenance 52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.212-1 – Instructions to Offerors-Commercial Items 52.212-3 – Offerors Representations and Certifications-Commercial Items 52.214-35 – Submission of Offers in U.S. Currency 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-02) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements— Representation (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision) Clauses 52.204-13 – System for Award Management 52.212-4 – Contract Terms and Conditions-Commercial Items 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items 52.222-19 – Child Labor – Cooperation with Authorities and Remedies (Jan 2014)(E.O. 13126) 52.222-21

– Prohibition of Segregated Facilities (Feb 1999) 52.222-26 – Equal Opportunity (Mar 2007) (E.O. 11246 52.222-36 – Affirmative Action For Workers with Disabilities (Oct 2010) (29 U.S.C. 793) 52.222-50 – Combatting Trafficking in Persons (FEB 2009)(22 U.S.C.7104(g))

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658(DEC 2014)

52.233-3 – Protest After Award (AUG 1996) (31 U.S.C. 3553) 52.233-4 – Applicable Law for Breach of Contract Claim 52.223-18- Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)(E.O 13513) 52.225-13 – Restrictions on Certain Foreign Purchases (June 2008)(E.O.’s, proclamations, and statues administered by the Office of Foreign Assets Control of the Department of the Treasury 52.232-33 – Payment By Electronic Funds Transfer – System for Award Management (Jul 2013) 931 U.S.C. 3332) 52.225-25 – Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications 52.232-39 – Unenforceability of Unauthorized Obligations 52.232-40 – Providing Accelerated Payments to Small Business Contractors 52.247-35 – FOB Destination, within Consignee’s Premises 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) 52.204-27 - Prohibition on a ByteDance Covered Application 52.227-17 Rights in Data - Special Works (DEC 2007)

(a) Definitions. As used in this clause -

Data means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

Unlimited rights means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

(b) Allocation of Rights.

(1) The Government shall have -

(i) Unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of this clause.

(ii) The right to limit assertion of copyright in data first produced in the performance of this contract, and to obtain assignment of copyright in that data, in accordance with paragraph (c)(1) of this clause.

(iii) The right to limit the release and use of certain data in accordance with paragraph (d) of this clause.

(2) The Contractor shall have, to the extent permission is granted in accordance with paragraph (c)(1) of this clause, the right to assert claim to copyright subsisting in data first produced in the performance of this contract.

(c) Copyright – (1) Copyright—(1) Data first produced in the performance of this contract. (i) The Contractor agrees not to assert, establish, or authorize others to assert or establish, any claim to copyright subsisting in any data first produced in the performance of this contract without prior written permission of the Contracting Officer. When claim to copyright is made, the Contractor shall affix the appropriate copyright notice of 17 U.S.C. 401 or 402 and acknowledgment of Government sponsorship (including contract number) to such data when delivered to the Government, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. The Contractor grants to the Government, and others acting on its behalf, a paid-up nonexclusive, irrevocable, worldwide license for all such data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government.

(ii) If the Government desires to obtain copyright in data first produced in the performance of this contract and permission has not been granted as set forth in paragraph (c)(1)(i) of this clause, the Contracting Officer shall direct the Contractor to assign (with or without registration), or obtain the assignment of, the copyright to the Government or its designated assignee.

(2)Data not first produced in the performance of this contract. The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and that contain the copyright notice of 17 U.S.C. 401 or 402, unless the Contractor identifies such data and grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause.

(d) Release and use restrictions. Except as otherwise specifically provided for in this contract, the Contractor shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor authorize others to do so, without written permission of the Contracting Officer.

(e) Indemnity. The Contractor shall indemnify the Government and its officers, agents, and employees acting for the Government against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication, or use of any data furnished under this contract; or any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply unless the Government provides notice to the Contractor as soon as practicable of any claim or suit, affords the

Contractor an opportunity under applicable laws, rules, or regulations to participate in the defense of the claim or suit, and obtains the Contractor's consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to material furnished to the Contractor by the Government and incorporated in data to which this clause applies.

52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 3 days.

(End of clause)

52.217-9 Option Extend the Term of the Contract (MAR 2000)

1. (a) The Government may extend the term of this contract by written notice to the Contractor within 15 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

2. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

3. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 30 months.

1952.232-91 Electronic Invoicing and Payment Requirements - Invoice Payment Platform (IPP) (April 2016) Payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Invoice Payment Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is:

https://www.ipp.gov.

Attachment 1 – Schematic Rundown for Planning Purposes for the Ten-Episode NY Harmony Music Show

Segment 1: Show Open

The program begins with a dynamic opening sequence designed to capture the energy and excitement of the New York City music scene using the music that is related to the specific episode. Each episode will incorporate visual language of a specific NY film director.

Segment 2: Introduction to the Genre and Significance of New York City

VOA’s host introduces the music genre of the night, exploring its unique characteristics and how it emerged in or was impacted by New York City. This segment provides a historical context and highlights how the city's cultural diversity, artistic creativity, and social activism have influenced and shaped the genre.

Segment 3: Guest Musician Introduction

VOA’s host welcomes the guest musicians. The guests briefly share their personal experiences and stories, providing insight into their musical journeys in New York City.

Segment 4: Performances The guest musicians…