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COMMERCE BUSINESS DAILY ISSUE OF DECEMBER 6,1999 PSA#2489Department of Defense, Television-Audio Support Activity (T-ASA), March
Contracting, 1363 Z Street, March ARB, CA 92518-2717 99 -- BROADCAST LICENSE SOL MDA113-00-R-0004 DUE 120999 POC MSgt James
Costantino, Contract Specialist, (909) 413-2235, Contrcting 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-0004. 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
Westwood One Radio Inc. 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 three Westwood One 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 touse a minimum of three and a maximum of
six, twenty-four-hour Westwood One Radio Network music formats of
AFRTS' choice. (Westwood One, its parent, subsidiaries and affiliated
companies are collectively referred to herein as "WW1"). AFRTS will pay
WW1 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. WW1, its subsidiaries, affiliates
and related companies (including CBS, CNN, Fox, Metro Radio, Shadow
Networks, WW1 Sports) will continue to provide AFRTS complete access to
its radio news, feature, information and sports services at no charge.
2. AFRTS AND ITS OPERATION 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 specified in the
resultant contract. WW1 acknowledges that such list is subject to
change from time to time and AFRTS agrees that, upon reasonable written
request from WW1, it shall inform WW1 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 DISTRIBUTION3.1. WW1 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 distributionof WW1 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 WW1's "Mainstream Country," "Bright AC" and "Adult Rock
and Roll" format services at the initiation of this agreement 4.1.1.
AFRTS may add, delete or change formats by providing Westwood One with
60 days notification in advance of such action(s). However, AFRTS
agrees to carry not less than three 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.
WW1 will assist AFRTS in maintaining non-commercial operation. WW1
shall provide cues that allow common automation equipment to preempt
any or all commercial material in each music format AFRTS is authorized
to use. WW1 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 WESTWOOD ONE FORMAT MATERIAL TO AFRTS 7.1. WW1 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 WW1
programming. WW1 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 WW1. 8. PROMOTION AND STATION ASSISTANCE MATERIALS 8.1
WW1 shall treat AFRTS as a full affiliate for programming licensed
hereunder. All promotional and station assistance materials supporting
the several WW1 music formats and news/information/sports services
used by AFRTS which are generally distributed to WW1'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 WW1 music formats. WW1 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 WW1 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-SN405166). (0336) Loren Data Corp. http://www.ld.com (SYN# 0270 19991206\99-0005.SOL)
99 - Miscellaneous Index Page
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