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UNITED STATES AGENCY FOR GLOBAL MEDIA (USAGM)
SHORTWAVE BROADCAST TRANSMISSION SERVICES
NAICS CODE – 515112, Radio Stations
SOLICITATION NUMBER – 951700-R-20-00008
Posted April 14, 2020 and Closes May 12, 2020.
Interested Offerors are reminded to submit via email two separate attachments – a Technical Proposal and a separate Price Proposal. Offerors must send one email with both attachments. ALL ATTACHMENTS MUST BE CLEARLY LABELED AND SENT IN “PDF FORMAT” AND INCLUDE THE SOLICITATION NUMBER IN THE SUBJECT LINE. PLEASE NOTE THAT THE TOTAL SIZE OF ALL ATTACHEMNTS MUST NOT EXCEED 23MB. See paragraph (xv), below.
NOTICE TYPE: Combined Synopsis/Solicitation
(i) THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6, AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; PROPOSALS ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED.
(ii) Solicitation No. 951700-R-20-00008 is issued as a Request for Proposals (RFP).
(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-05 effective March 30, 2020.
(iv) This is a full and open competition and the North American Industry Classification Systems (NAICS) code for this acquisition is (Radio Stations ) 515112 with a small business size standard of $41.5 million.
(v) Interested Offeror(s) will be required to provide the following Contract Line Item (CLIN):
The Contractor shall lease to the United States Agency for Global Media (USAGM) shortwave broadcast transmission capacity, receive USAGM programming feed provided by satellite or terrestrial circuits, and transmit the programing by shortwave for the benefit of USAGM and its grantees in accordance with agreed upon schedules for the Area or Areas or regions within an Area or Areas awarded and receive payment for hours delivered based on a fully loaded flat hourly capacity lease rate (the transmitter rate per hour).
The successful Offeror or Offerors are required to provide all equipment and facilities required to perform the contract, including all equipment and facilities to accept the USAGM’s programming feed and to transmit it by shortwave to the Area or Areas identified with the requisite coverage. Each Offeror’s proposal must state that it will provide and maintain all equipment, (including, but not limited to, any real property/leasehold facilities) required to provide the shortwave transmitting services. The Government will not furnish property, i.e., there will be no Government Furnished Property (GFP).
The successful Offeror or Offerors will be required to also comply with the terms and conditions included in the “Lease Agreement,” with Annex I, Annex II, Transmission Schedule and Price Sheet, the FAR Clauses 52.212-4 to 52.212-5 and additional incorporated clauses as set forth therein and below to this Combined Synopsis/Solicitation or incorporated by reference.
(vi) USAGM’s Office of Contracts has a need for one or more contractor(s) to lease high quality transmission capacity for shortwave broadcasting to Africa, Asia and Eastern Europe (hereinafter “Areas”) as required by the USAGM and its grantees in accordance with agreed upon broadcasting schedules”. The successful Offeror(s) must be able to cover all, or part of one or more of the three aforementioned Areas during both the USAGM summer and winter broadcast seasons. It is a technical requirement that the USAGM obtains full coverage for these Areas in making one or more awards under this Combined Synopsis/Solicitation. For the USAGM to meet its needs, USAGM will select the combination of Offerors or the sole Offeror that provide or provides coverage of all three Areas and all regions within the Areas in the manner most advantageous to the Government based on the factors contained in this Combined Synopsis/Solicitation.
(vii) The Base Period of performance for this acquisition will be for seven (7) months June 1, 2020 to December 31, 2020. The requirement includes a base period and four (4) one-year Option Periods. The subsequent Options, if exercised by the Government, will follow sequentially for a total contract duration not to exceed fifty-five (55) months.
(viii) The Federal Acquisition Regulation (FAR) provision FAR 52.212-1 Instructions to Offerors-Commercial Items (MARCH 2020) applies to this solicitation. FAR provisions and clauses may be obtained from the Internet Web address at: http://acquisition.gov/far/index.html. Interested Offeror(s) who have transmission capacity for shortwave transmitting to the identified three Areas and the capability to provide these high quality shortwave transmission services from USAGM programming feed provided by satellite or terrestrial circuits should submit a proposal identifying capabilities as instructed at paragraph (ix) below.
Each Offeror is required to submit: (a) a single Technical Proposal informing the Government how it has the available shortwave transmitting capacity to meet the portion of USAGM’s needs its proposal covers in all of the Areas, some of the Areas, or regions within the Areas identifying transmitting stations by location, equipment, coverage and any criteria only applicable to a specific Area and/or Areas, and (b) a Price Proposal setting forth a fully loaded flat hourly capacity lease rate (the transmitter rate per hour) for each transmitter required to satisfy the portion of USAGM’s needs the Offeror’s proposal covers in all the Areas, some of the Areas or regions within the Areas for which award is sought based on the total estimated hours as further described below.
(ix)The Federal Acquisition Regulation (FAR) provision FAR 52.212-2 Evaluation-Commercial Items (OCT 2014), applies to this solicitation for the evaluation of Offerors’ Technical and Price proposals as set forth below.
Each Offeror is required to submit a Technical Proposal for the portion of USAGM’s needs its proposal covers and must specify whether the proposal covers all the Areas, some of the Areas, or regions within an Area or Areas. Each Offeror shall structure its Technical Proposal to convey to the Government how the Offeror’s capacity, management personnel, transmitting equipment/facilities, and experience (including past performance) satisfy the technical requirements in a straightforward and concise manner. In its Technical Proposal, each Offeror shall demonstrate its ability and experience in providing the shortwave broadcast transmission services in one or more (up to and including all) of the three aforementioned Areas or in regions within one or more of the three Areas. Each Offeror must include in its Technical Proposal a narrative about how it will provide the broadcast services it is offering including the capability to provide these high quality shortwave transmission services from USAGM programming feed provided by satellite or terrestrial circuits. Each Offeror’s Technical Proposal shall comply with all requirements to provide the required transmission capacity in the Areas, some of the Areas, or regions within the Areas the offer covers on an hourly basis in accordance with the estimated schedule. Each Offeror’s Technical Proposal shall also include a statement that it agrees to comply with all requirements including the terms, conditions, and clauses included and incorporated in the attached “Lease Agreement” and Annexes I and II.
Basis for Award: The Government reserves the right to make multiple awards (firm-fixed-price contract) from this solicitation to the Offerors that best meet USAGM’s operational requirements in Africa, Asia, and Eastern Europe as those Areas are identified in the Transmission Schedule and Price Sheet based on evaluation of the capability of each Offeror and/or evaluation of the collective capabilities of multiple Offerors in the identified Areas including past performance and price.
Technical qualifications should demonstrate a history and capability of providing “coverage” to the target Areas the Offeror is proposing to cover to the maximum extent possible as set forth below:
USAGM’s goal for shortwave “coverage” is to provide the Signal to Noise Ratio (SNR) required for standard broadcast quality levels for 90% of the listeners and for 90% short term fade protection. USAGM has determined that this requires a minimum SNR of 73 dB referenced to a noise power of -145 dBw in a 1 Hz bandwidth at 3 MHz, as calculated by the Voice of America Coverage Analysis Program (VOACAP). If there is any question as to what regions or what portions of a region in an Area are provided coverage by a proposed facility or whether one Offeror offers better coverage than another, the performance of the proposed facility(ies) will be evaluated against this goal for coverage using the proposed transmitter and antenna of the Offeror or Offerors in question and the expected solar indices.
The Technical Proposal must address the evaluation criteria described in this paragraph (ix) above and the Evaluation Factors 1) through 4) below. The Offeror(s) must state in their Technical Proposal any restrictions that will limit USAGM’s ability to have its programing broadcast in the Area and/or Areas mentioned above for the Area or Areas for which an Offeror or Offerors seek award or awards. “Restrictions” include, but are not limited to, language, coverage and power limitations, terms or conditions of pre-existing transmitting agreement(s), and laws of the country where the transmitters are located.
The Price Proposal must be in accordance with paragraph (ix), Evaluation Factor 5).
Evaluation Factors: As previously discussed, the Government will provide no Government Furnished Property (GFP), facilities or equipment. All the Government will provide is the programming to be transmitted and payment for performance. The Government is leasing the shortwave transmitting capacity and the services, facilities and equipment necessary to receive the programming feed provided by satellite or terrestrial circuits and transmit the programing by shortwave to the Area or Areas for which the Offeror seeks award. These services will be provided on a fully loaded flat hourly capacity lease rate (the transmitter rate per hour) which will be based on the Government’s estimated total required annual transmitting hours for the three Areas. It is therefore important that each Offeror’s Technical and Price Proposals provide the required information for evaluation of proposals.
A description of the Evaluation Factors follows:
1) Technical Approach –Each Offeror shall provide a detailed narrative of the service requirement, i.e., explain how well the Offeror’s broadcast transmission will cover for the Area, Areas, or regions of an Area or Areas its offer covers (in Africa, Asia, and/or Eastern Europe), at the broadcasting times in the “Transmission Schedule and Price Sheet”, strength of signal, and the performance measures that the contractor will take to meet all contract requirements. The Offeror shall also provide detailed information on any signal-processing of the USAGM-provided programming after its downlink. In other words, the Offeror shall provide information on the equipment they use in the signal path between the reception point of the programming and the short wave transmitter input. Each Offeror must also provide day-to-day operational contact information as well as escalation contact information in the event an extensive problem requires higher level managerial attention. Each Offeror shall provide a description of its organization and its demonstrated capabilities in performing the portion of the service requirements and schedule its offer covers. Each Offeror must state in its Technical Proposal any restrictions that will limit USAGM’s broadcasting;
2) Management Approach – Each Offeror shall provide a description of the management approach that it will use to meet the portion of the agency’s requirements its offer covers, including description of the responsibilities of key and backup personnel and a copy of their resumes;
3) Contractor Qualifications –Each Offeror shall provide its understanding of USAGM’s requirements and demonstrate its ability to meet the portion of USAGM’s requirements its offer covers. The Offeror must also include the following information in its Technical Proposal: (i) number and location of transmission stations; (ii) number of available transmitters per station (including available transmission power levels); and (iii) number of antennas per station (including antenna types, azimuth bore sites, and steerable increments). Each Offeror must provide detailed descriptions of how it will employ its facilities to reach shortwave audiences in Africa, Asia, and Eastern Europe or the Area or combination of Areas for which award is sought;
4) Past Performance – Each Offeror is required to provide three (3) Past Performance Questionnaires (PPQ) – see attachment from previous customers for same or similar services to the requirements set forth herein within the last five (5) years of the date of this Solicitation. Offerors shall also provide the names of three (3) customers/clients and the following information: (i) client's name, address, and name, email and telephone number of the contact person; (ii) dollar amount of the contract; (iii) term of the contract; and (iv) brief description of the work performed. Each Offeror shall use the form uploaded to the beta.sam.gov with this Combined Synopsis/Solicitation titled “Past Performance Questionnaire/References” to provide the information.
The USAGM shall evaluate an Offeror’s Past Performance information based on the information (PPQ) provided and any other information readily available to the Government. If an Offeror is unable to provide all or part of the Past Performance information requested, such inability should be explained in their proposal. Pursuant to the FAR in the case of an Offeror without a record of 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.
5) Price – The attached Transmission Schedules reflect the transmission hours USAGM anticipates experiencing for its requirements for the three Areas broken down by transmission times and CIRAF[1] Zones. For purposes of evaluation, USAGM has extrapolated the current anticipated schedule out for the total hours that would be incurred to meet USAGM’s transmission requirement for one year for use as USAGM’s best estimate for price evaluation purposes. As stated earlier, USAGM will select the combination of Offerors or the sole Offeror that provide or provides coverage of all three Areas and all regions within the areas in the manner most advantageous to the Government. Note: This will be a firm-fixed-price type contract.
First, during the period of performance of the contract USAGM’s operational broadcasting needs and the transmitting hours per day that USAGM will order and the Contractor must provide may vary throughout the contract’s period of performance. USAGM anticipates, at a minimum, issuing new transmission schedules every six months.
Second, during the period of performance of the contract (Fixed-rate type), regardless of the transmission schedule that USAGM issues, USAGM will only pay the Contractor for the actual hours that USAGM orders and the Contractor delivers. USAGM will pay by month and the amount it will pay will be the product of the actual hours it ordered that the Contractor delivered times the hourly rate (price per transmitter hour/fully loaded flat hourly capacity lease rate/transmitter rate per hour) applicable to those hours.
Third, in its Price Proposal each Offeror must submit the information requested in the instructions preceding the attached “Transmission Schedules,” “Price Summary and Totals Chart,” and “Price Sheet.” The instructions are very detailed. A summary of them follows.
There are a total of (5) five Transmission Schedules, (3) three for summer (one each for Africa, Asia, and Eastern Europe) and (2) two for winter (one each for Africa, Asia, and Eastern Europe). On each the Offeror must fill in its offered hourly rate for the Area, part of the Area, or regions within an Area for which the Offeror seeks award. On each the Offeror must also list at the bottom of the Schedule its total offered price for its total offered hours (which equals the sum of the products of offered hours times hourly rates).On the Price Summary and Totals Chart the Offeror must list its total transmitter hours proposed, which must equal the sum of the transmitter hours proposed on the six Transmission Schedules. The Offeror must also list its total price proposed, which must equal the sum of the total prices on the six Transmission Schedules. The total transmitter hours proposed and total price proposed represent total hours and total price for Summer and Winter.
Fourth, on the Price Sheet each Offeror must provide its price for the Base Period, along with its hourly rate for each transmitter to be used. Also on the Price Sheet, the Offeror must provide for each Option Period its price along with its hourly rate for each transmitter the Offeror plans to utilize.
Offerors are cautioned that failure to address each of the above factors may render their proposal unacceptable.
FAR 52.212-2(b) and (c) remain in effect.
(x) Offerors shall include a completed copy of the provision FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (MAR 2020) with their Technical Proposals. These representations and certifications will be incorporated by reference in any resultant contract. Offerors may either submit a paper copy of FAR Clause 52.212-3 or submit this information through the Beta System of Award Management (SAM) www.beta.sam.gov. Proposals must also include the Offeror’s DUNS Number, prompt payment terms, and correct remittance address, if different from mailing address. The OFFEROR must be registered online in the SAM database AND LISTED AS “active” prior to contract award, AND prospective awardees aCknowledge the requirement to maintain an “active” sam registration status during performance and through final payment of any resulting contract. Accordingly, the following FAR provisions and clauses are incorporated into the solicitation and any resulting contract by reference: 52.204-7—System for Award Management (OCT 2018); 52.204-13—System for Award Management Maintenance (OCT 2018); FAR 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016); FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016).
Pursuant to FAR 12.301(d), the FAR provisions 52.209-7 Information Regarding Responsibility Matters (OCT 2018) and 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (MAR 2015) also apply to this acquisition and are incorporated in full text to this synopsis/solicitation. Offerors must comply with the requirements of these two provisions.
(xi) The FAR clause 52.212-4 Contract Terms and Conditions-Commercial Items (OCTOBER 2018), applies to this acquisition. Any conflict between clause FAR 52.212-4 titled Contract Terms and Conditions-Commercial Items and the Lease Agreement and/or Annexes I and II shall be resolved by giving precedence to the 52.212-4 clause. Additional FAR clauses pertaining to this acquisition are set forth in this Combined Synopsis/Solicitation.
52.212-4 Contract Terms and Conditions -- Commercial Items (OCT 2018)
(xii) FAR clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (MAR 2020) applies to this acquisition and is provided below:
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (MAR 2020)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)
(3) 52.204-25, Prohibition on Contacting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014)
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
X (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Jan 2011) of 52.219-4.
__ (13) [Reserved]
__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
__ (ii) Alternate I (NOV 2011).
__ (iii) Alternate II (NOV 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).
__ (ii) Alternate I (OCT 1995) of 52.219-7.
__ (iii) Alternate II (MAR 2004) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (OCT 2001) of 52.219-9.
__ (iii) Alternate II (OCT 2001) of 52.219-9.
__ (iv) Alternate III (OCT 2014) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011)(15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
__ (22) 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013) (15 U.S.C. 637(m)).
__ (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).
__ (27) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
__ (28) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
__ (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014)(38 U.S.C. 4212).
__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
__ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (JUN 2014) of 52.223-13.
__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (JUN 2014) of 52.223-14.
__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (JUN 2014) of 52.223-16.
X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
__ (41) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).
__ (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (MAY 2014) of 52.225-3.
__ (iii) Alternate II (MAY 2014) of 52.225-3.
__ (iv) Alternate III (MAY 2014) of 52.225-3.
__ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (49) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) (31 U.S.C. 3332).
__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
__ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
__ (53) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (APR 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O.13495).
__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).
__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Non-displacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).
(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
(vii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212)
(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(ix) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
(x)
__(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627).
__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
(xiii) All additional contract requirements, terms, conditions, provisions, and clauses applicable to this acquisition are contained herein and below.
(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.
(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.
(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.
(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.
(End of clause)
Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within __30 days___ [insert the period of time within which the Contracting Officer may exercise the option]. (End of clause)
(a) The Government may extend the term of this contract by written notice to the Contractor within seven (7) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least fifteen (15) days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed fifty-five (55) months.
(End of clause)
The USAGM reserves the right to exercise unilaterally at its discretion the options in Article II titled “TERM OF THE AGREEMENT” as priced in the Attachment titled “Transmission Schedule and Price Sheet”. The Parties agree that the USAGM may partially exercise any options in this Agreement and may do so multiple times up to the point that the option has been fully exercised and funded. The CONTRACTOR, however, will not be entitled to any additional compensation beyond that associated with the amount of hours the USAGM orders and the CONTRACTOR provides under the partially exercised amount of the option.
In the event that the USAGM does not give written notice to exercise an option, the contract will expire at the end of the existing period of performance (the Base Period or Option Period) as applicable. Additionally, the Parties agree that, in the event the USAGM decides not to exercise any options, the USAGM will have no further obligation to the CONTRACTOR under this Agreement other than to pay for services actually rendered by the CONTRACTOR to USAGM hereunder.
(End of Clause)
5. FAR 52.252-5 Authorized Deviations in Provisions (Apr 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.
(b) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 13) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
(End of provision)
Pursuant to: Public Law (PL) 113-291, § 815 (Dec. 19, 2014); GSA Office of Government Acquisition Policy, CAAC Letter 2015-01 (Dec. 29, 2014), USAGM Class Deviation (Mar., 2, 2015).
7. Submission of Invoices
The Contractor shall submit an original monthly invoice of detailed work completed and accepted by the Government to the COR. The Contractor’s monthly invoice shall list: (1) the days for which assignments/hours are being billed for work performed, (b) the programs produced, (c) reimbursable expenses, if any, and comply with 1952.232-91 Electronic Invoicing and Payment Requirements clause (below)
1952.232-91 Electronic Invoicing and Payment Requirements
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/
(End of clause)
CLAUSE NO. CLAUSE TITLE DATE
52.202-1 Definitions (NOV 2013)
52.203-3 Gratuities (APR 1984)
52.203-17 Contractor Employee Whistleblower Rights (APR 2014)
and Requirement To Inform Employees of
Whistleblower Rights
52.204-4 Printed or Copied Double–Sided on Postconsumer (MAY 2011)
Fiber Content Paper
52.204–7 System for Award Management (OCT 2018)
52.204–13 System for Award Management Maintenance (OCT 2018)
52.204-16 Commercial and Government Entity Code (NOV 2014)
Reporting
52.204–18 Commercial and Government Entity Code (JUL 2016)
Maintenance
52.204–19 Incorporation by Reference of Representations (DEC 2014)
and Certifications
52.232–39 Unenforceability of Unauthorized Obligations (JUN 2013)
52.233–1 Disputes (MAY 2014)
Additional FAR solicitation provisions applicable to this acquisition
(a) Definitions. As used in this provision—
“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
“Federal contracts and grants with total value greater than $10,000,000” means—
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in—
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204–7).
(End of provision)
1. 52.222-56--Certification Regarding Trafficking in Persons Compliance Plan (MAR 2015)
(a) The term “commercially available off-the-shelf (COTS) item,” is defined in the clause of this solicitation entitled “Combating Trafficking in Persons” (FAR clause 52.222-50).
(b) The apparent successful Offeror shall submit, prior to award, a certification, as specified in paragraph (c) of this provision, for the portion (if any) of the contract that—
(1) Is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States, or services to be performed outside the United States; and
(2) Has an estimated value that exceeds $500,000.
(c) The certification shall state that—
(1) It has implemented a compliance plan to prevent any prohibited activities identified in paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons, and to monitor, detect, and terminate the contract with a subcontractor engaging in prohibited activities identified at paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons; and
(2) After having conducted due diligence, either—
(i) To the best of the Offeror's knowledge and belief, neither it nor any of its proposed agents, subcontractors, or their agents is engaged in any such activities; or
(ii) If abuses relating to any of the prohibited activities identified in 52.222-50(b) have been found, the Offeror or proposed subcontractor has taken the appropriate remedial and referral actions.
(End of provision)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/
(End of provision)
(xiv) No Defense Priorities and Allocation System (DPAS) rating assigned.
(xv) Please note that questions must be submitted in writing to: [email protected] and received before the deadline of 12:00 p.m., Eastern Daylight Time (“EDT”) on April 16, 2020. Offerors are required to put the Combined Synopsis/Solicitation Number in the subject line when submitting questions. It is anticipated that USAGM will provide the answers to the vendor questions NLT April 20, 2020.
Failure to offer to provide the required services for the above CLIN may result in the rejection of your proposal. Proposals shall be in writing and must be signed by an official authorized to bind the organization. No oral, faxed, mailed in hard copy, or delivered in hard copy by Government or commercial courier proposals will be accepted. All proposals must be sent via email delivery and must be received before the deadline. The Price Proposal must be clearly distinguishable and separate from Technical Proposal. Offerors should send one email with the Solicitation Number in the subject line and the Technical and Price Proposals as separate, clearly identified, attachments.
Proposals should be sent to [email protected] (and to [email protected]) and must be received before 12:00 p.m., EDT on May 12, 2020. In sum, each Offeror should send one email with its Technical Proposal and Price Proposal attached separately.
Offerors are reminded to email two separate attachments – a Technical Proposal and a separate Price Proposal. Offerors must send one email with both attachments. ALL ATTACHMENTS MUST BE CLEARLY LABELED, SENT IN “PDF FORMAT”, AND THE TOTAL SIZE OF ALL ATTACHMENTS MUST NOT EXCEED 23MB.
(xvi) Contact: Seneca Belinfontie, Contract Specialist, 202-203-4944; [email protected] or David Wallace, Contracting Officer, 202-920-2314, [email protected]. All responsible sources may submit an offer for one or more of the three aforementioned Areas described in paragraph (vi).
Attachment No. 1 Lease Agreement, Annex I, Annex II and Price sheets, 13 pages
Attachment No. 2 Transmission Schedules, Price Summary & Total Chart, 5 pages
Attachment No. 3 Past Performance
[1] Conferencia Internacional de Radioifusion por Altas Frecuencias (CIRAF)––Spanish for the International Conference on High Frequency Broadcasting.