Department of Defense, Television-Audio Support Activity (T-ASA), March Contracting, 1363 Z Street, March ARB, CA 92518-2717

99 -- BROADCAST LICENSE SOL MDA113-99-R-0005 DUE 120999 POC MSgt James Costantino, Contract Specialist (909) 413-2235, Contracting Officer, Robert W. Gilmore (909) 413-2412 E-MAIL: gilmorw@dodmedia.osd.mil, costajm@dodmedia.osd.mil. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The Request for Proposal number for this acquisition is for MDA113-00-R-0005. The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 97-14. This is a sole source requirement being pursued with ABC Radio. There are five (5) contract line items, each covering a one-year period, for the Armed Forces Radio and Television Service broadcast license to schedule, reproduce, and distribute a minimum of two full time ABC Radio Network formats and related services. The following is a description of the requirements: 1.1. The Contractor shall provide to the Armed Forces Radio and Television Service (AFRTS) the right to use a minimum of three and a maximum of six, twenty-four-hour American Broadcasting Company/ABC Radio Network music formats of AFRTS' choice. (ABC, its parent, subsidiaries and affiliated companies are collectively referred to herein as "ABC"). AFRTS will pay ABC administrative costs associated with providing broadcast rights, live feeds and support materials for these formats at the annual rate as set forth in the schedule. 1.2. ABC, its subsidiaries, affiliates and related companies and networks (including ESPN RADIO, the Prime, Advantage, Genesis, Advantage, etc., Networks,) will continue to provide AFRTS complete access to its radio news, feature, information and sports services at no charge. 2.1. The term Armed Forces Radio and Television Service (AFRTS) refers to the Armed Forces Radio and Television Service Broadcast Center (AFRTS-BC, located in Southern California) and all Department of Defense (DoD) networks, stations, outlets, ships and locations which receive, transmit, broadcast or relay by closed-circuit systems AFRTS program material. A list of all manned AFRTS networks/stations/outlets will be provided in the resultant contract. ABC acknowledges that such list is subject to change from time to time and AFRTS agrees that, upon reasonable written request from ABC, it shall inform ABC of changes in such list. 2.2. Distribution of all programming is non-commercial, non-profit, and royalty-free. The service is intended strictly for use by DoD personnel and their family members stationed overseas or on ships at sea. 3. PROGRAM AND FORMAT UTILIZATION AND DISTRIBUTION 3.1. ABC grants AFRTS and its contractors and sub-contractors (such as common carriers or overseas military base cable systems) authorization to record and/or distribute (via such means as satellite, broadcast, cable and closed circuit radio) programming licensed hereunder via the facilities and affiliates of AFRTS and the Department of Defense. Other use, in whole or in part by the AFRTS and the DoD, is prohibited. 3.2. All AFRTS satellite distribution of ABC format material will be via addressable, scrambled, encoded, encrypted or digitized transmissions. 4. FORMAT SELECTION AND NEWS/INFORMATION/SPORTS SERVICES 4.1. AFRTS currently intends to use ABC's "Pure Gold," and "Hot AC" format services at the initiation of this agreement 4.1.1. AFRTS may add, delete or change formats by providing ABC with 60 days notification in advance of such action(s). However, AFRTS agrees to carry not less than two and no more than six formats at one time. Any additions, deletions or changes will be accomplished by an appropriate contract adjustment. Such contract adjustments may include prorated amounts, where appropriate. 5. NON COMMERCIAL OPERATION 5.1. ABC will assist AFRTS in maintaining non-commercial operation. ABC shall provide cues that allow common automation equipment to preempt any or all commercial material in each music format AFRTS is authorized to use. ABC music format commercial material and breaks shall be of specific, standardized lengths, which may be subject to change with not less than seven (7) days' notice to AFRTS. 6. PERFORMANCE RIGHTS 6.1. AFRTS shall obtain all authorizations and clearances (including all union and guild clearances and rights to music and other properties) necessary to enable it to use the programming as permitted herein. 7. DELIVERY OF ABC FORMAT MATERIAL TO AFRTS 7.1. ABC will provide its music formats to AFRTS with the same compact disc quality audio programming it provides to its United States commercial affiliates via a domestic satellite or direct connection, such as a T-1 circuit, switched 56, or equivalent service. 7.1.1. Contractor shall assure 99.8% reliability over the 8,760 hours each year (i.e., under 17.5 hours total of interrupted service in a year) and respond immediately upon AFRTS notification of technical difficulties. AFRTS is a motivational factor for troops, especially in combat zones or in contingency operations. Service interruptions negatively affect morale and readiness. 7.2. Unless otherwise expressly stated herein, AFRTS will be solely responsible for the acquisition, construction, operation and maintenance of all facilities and equipment (including, without limitation, satellite downlink dishes) necessary to receive ABC programming. ABC shall authorize AFRTS to obtain any equipment necessary to descramble/decode/receive a broadcast quality signal and shall assure AFRTS continues to receive any necessary authorization to access scrambled or encoded formats. 7.3. All rights and title in and to the formats, contents, creative material and all other elements of intellectual property in the programming (other than material in the public domain) shall, except as otherwise agreed to in this contract, remain vested in ABC. 8. PROMOTION AND STATION ASSISTANCE MATERIALS 8.1. ABC shall treat AFRTS as a full affiliate for programming licensed hereunder. All promotional and station assistance materials supporting the several ABC music formats and news/information/sports services used by AFRTS which are generally distributed to ABC's other affiliates shall be provided to AFRTS on the same basis. Such materials include, but are not limited to, music lists, music research, disc jockey aids, printed matter, websites, and sales aids. 8.2. Jock liners (3-5 second station identification announcements voiced by each disc jockey on each format) are central elements in ABC music formats. ABC shall provide jock liner identification announcements for any or all of the music formats licensed hereunder and for any or all of AFRTS' manned sites upon request by AFRTS-BC. 9. GENERAL ASSISTANCE 9.1. ABC and the staff of its satellite music formats shall provide reasonable assistance and advice to AFRTS on technical and programming issues related to the formats and news/information/sports services licensed hereunder. The initial performance period will be from 1 Jan 00 31 Dec 00, with four one-year option periods. Responses to this notice shall be in writing and make reference to this RFP. The provisions at FAR 52.212-1, Instruction to Offerors applies to this solicitation. FAR 52.212-2 does not apply to this requirement. The offeror shall include a completed copy of the provision at 52.212-3, Offerors Representations and Certifications-Commercial items, with its offer. Also, the following clauses apply to this acquisition: FAR 52.212-4, Contract Terms and Conditions-Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items; DFARS 252-204-7004, required Central Contractor Registration; DFARS 252.212-7001, Contract Terms and Conditions Required to to Implement Statutes or Executive applicable to Defense Acquisitions of Commercial Items. This procurement is subject to FAR 52.232-18, Availability of Funds. Offers must be submitted no later than 9 Dec 99, 3 PM PST. The point of contact for this MSgt James Costantino, (909) 413-2235. Contracting Officer Robert W. Gilmore **See Numbered Note 22** Posted 12/02/99 (W-SN405169). (0336)

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