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

99 -- RADIO PROGRAMMING SOL MDA113-00-R-0012 DUE 081500 POC MSgt James M. Costantino, (909) 413-2235 E-MAIL: whitefs@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-0012. The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 97-18 (Initial Effective 6 Jul 00). This is a sole source requirement being pursued with Premiere Radio Networks, Inc in accordance with FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. 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 "Rick Dees Weekly Top 40." The following is a description of the requirements: DESCRIPTION/SPECS/WORK STATEMENT -- 1 SCOPE. This contract establishes specifications and requirements for the Premiere Radio Networks and its related companies (Premiere) to furnish the weekly radio program, "Rick Dees Weekly Top 40," to the Armed Forces Radio and Television Service (AFRTS, a Department of Defense activity) and grant AFRTS-affiliated outlets the right to broadcast these programs outside the continental United States. 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, broadcast or relay AFRTS program material by closed-circuit systems. A list of all manned AFRTS networks/stations/outlets which currently broadcast over-the-air is attached. The list is subject to change from time to time. 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 outside the continental U.S. and on ships at sea. 3. APPLICABLE PUBLICATIONS AND STANDARDS 3.1. Industry standards shall apply to the recordings Premiere supplies to AFRTS. 4. PROGRAM REQUIREMENTS 4.1. Premiere shall furnish to AFRTS-BC each week, one complete recording of "Rick Dees Weekly Top 40" at the same time and in the same manner it distributes the material to its other affiliate radio stations. 4.1.2. Premiere will provide AFRTS with the non-commercial/decommercialized version of the program, if such a version is available. Otherwise, Premiere will provide the version it supplies to its U.S.-based affiliates. 4.2. If Premiere must make fundamental changes to these programs, Premiere shall: 4.2.1. provide AFRTS-BC with at least 60 days' notice of the proposed change and 4.2.2. grant AFRTS-BC the right to switch to other Premiere supplied-programs at unit costs established in the pricing schedule or 4.2.3. make equitable adjustment to this contract if the alternatives Premiere offers do not fulfill AFRTS-BC's requirements. 4.3. "Rick Dees Weekly Top 40" has a nominal duration of 240-minutes, made up of four 60-minute segments, including all non-program content. Special episodes, such as year-end wrap-ups, may be longer than 240-minutes. 4.3.1 Should the nominal duration of the material increase in length, unit pricing will remain the same. Should the nominal duration of any of the specified programs or features decrease in length, AFRTS-BC and Premiere agree to make equitable adjustments. 5. UTILIZATION, DUPLICATION, DISTRIBUTION AND BROADCAST RIGHTS 5.1. AFRTS is authorized to use, reproduce, and distribute (via mailed tapes, satellite transmission, broadcast, data file transfers, etc.) the material covered in this agreement: 5.1.1. To U.S. military ships at sea 5.1.2. To DoD personnel via authorized Armed Forces Radio broadcast facilities outside the continental U.S. 5.1.3. To cable systems serving U.S. military installations outside the continental U.S. and 5.1.4. Via streaming audio to".mil" internet users and personnel using the various internet service providers licensed to operate on U.S. bases overseas. 5.2. AFRTS is granted the right to decommercialize each program and add DoD information announcements, public service announcements, fill music and similar material. 5.3. AFRTS and its affiliates are granted the right to broadcast each week's program up to three times. 6. PERFORMANCE RIGHTS 6.1 AFRTS shall obtain all authorizations and clearances (including from unions and guilds to music and other properties) necessary to enable it to use the programming as permitted herein. 6.2. All rights and title in and to the 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 Premiere.7. PROMOTION AND STATION ASSISTANCE MATERIALS 7.1. Premiere shall treat AFRTS as a full affiliate for these programs. All promotional and station assistance materials supporting the programs which are generally distributed to Premiere's other "Rick Dees Weekly Top 40" affiliates shall be provided to AFRTS on the same basis. Such materials include, but are not limited to, run sheets, music lists, music research, disc jockey aids, printed matter, and sales aids. 8. GENERAL ASSISTANCE 8.1. Premiere staff shall provide reasonable assistance and advice to AFRTS on technical and programming issues related to the availability and use of the programs. INSPECTION AND ACCEPTANCE 1. CORRECTING DEFECTIVE MATERIAL The contractor shall be responsible for correcting all deficiencies/errors up to the time of final inspection and acceptance by replacing defective material or shall give credit or substitute programming at the Government's option. Replacement or substitution shall be accomplished within 2 days after notification by AFRTS-BC. PLACE OF INSPECTION AND ACCEPTANCE Inspection and acceptance shall be at destination, Armed Forces Radio and Television Service -- Broadcast Center, 1363 Z Street, Building 2730 March AFB, CA 92518-2717. DELIVERIES OR PERFORMANCE DELIVERY -- RADIO PROGRAMMING All tapes and materials shall be delivered to the following address: Radio Division Armed Forces Radio and Television Service -- Broadcast Center, 1363 Z Street, Building 2730, March AFB, CA 92518-2717. TIME OF DELIVERY Deliveries shall be made between the hours of 8:00 AM and 4:00 PM, Monday through Friday except for Federal Holidays. Deliveries will not be accepted outside these hours/days. DELIVERY SCHEDULE Contractor will deliver one program per week for 52 weeks beginning with the release dated on or immediately after 26 Sep 2000. SPECIAL CONTRACT REQUIREMENTS 1. RIGHTS. AFRTS shall have the non-preemptible, though not necessarily exclusive, right to broadcast the specified programs and features at any overseas location in which AFRTS operates. 2. COPYRIGHT DISPUTES If at any time during the delivery schedule or subsequent broadcast period, a dispute arises between the Contractor and a party other than AFRTS regarding the copyrights and/or distribution/presentation rights covered by this contract, the Contractor shall immediately notify the Contracting Officer of the name and address of the party, the nature of the dispute and all facts related to the dispute. Failure to advise the Contracting Officer of any such dispute, or continuing status or final resolution may be regarded as a breach of Contract and result in termination for default. 3. ALTERATIONS AFRTS-BC will incur no liability to Premiere for alterations, deletions or additions to the programs under contract or AFRTS' schedules. 4. BILLING: Premiere shall invoice the AFRTS once in each year of the contract for the broadcast license. Full payment upon receipt is authorized. The initial performance period will be from 26 Sep 00 25 Sep 01, with four one-year option periods. Responses to this notice shall be in writing and make reference to this RFP. The following clauses are applicable to this procurement: 52.204-4 "Printing/Copying Double Sided Recycled Paper", 52.209-6 "Protecting the Government's Interest When Subcontracting With Contractor's Debarred, Suspended, or Proposed for Debarment", FAR 52.212-1, "Instruction to Offerors", FAR 52.212-4, "Contract Terms and Conditions-Commercial Items"; FAR 52.212-5 (Deviation), "Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items", 52.217-5 "Evaluation of Options", 52.217-9 "Option to Extend the Term of the Contract"; 52.219-8 "Utilization of Small Business Concerns", 52.222-21 "Prohibition of Segregated Facilities", 52.222-26 "Equal Opportunity", 52.222-35 "Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era", 52.222-36 "Affirmative Action for Workers With Disabilities", 52.225-13 "Restriction on Certain Foreign Purchases", 52.232-33 "Payment by Electronic Funds Transfer Central Contractor Registration", 52.233-3 "Protest After Award", 52.247-34 "FOB Destination", 52.252-1 "Solicitation Provisions Incorporated By reference", 52.252-2 "Contract Clauses Incorporated By Reference", 52.253-1 "Computer Generated Forms", DFARS 252-204-7004, "Required Central Contractor Registration"; DFARS 252.212-7001 (Deviation), "Contract Terms and Conditions Required to Implement Statutes or Executive", 252.225-7001 "Buy American Act and Balance of Payments Program", 252.243-7002 "Requests for Equitable Adjustments". FAR 52.212-2 does not apply to this requirement; price is the only factor to be evaluated. The offeror shall include a completed copy of the provision at 52.212-3, Offerors Representations and Certifications-Commercial items, with its offer. An offer must be submitted no later than 14 Aug 00, 3 PM PST. The point of contact for this requirement is MSgt James Costantino, (909) 413-2235. Contracting Officer Fayette S. White Posted 07/27/00 (W-SN479717). (0209)

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