High Definition (HD) video and stereo audio channels on the Yahsat, Y1A satellite

(i) 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. (ii) Solicitation No. BBG50-R-15-0027 is issued as a Request For Proposals (RFP) for award of a Firm-Fixed-Price contract. Pursuant to an agency class deviation issued pursuant to FAR 1.404, the Government is conducting this procurement under the Test Program for Certain Commercial Items authorized by FAR Subpart 13.5 and in accordance with the simplified acquisition procedures established in FAR Part 13. The Broadcasting Board of Governors issued a class deviation on March 2, 2015 making FAR subpart 13.5 Test program for Certain Commercial Items available for use to all Agency Contracting Officers. (iii) This solicitation document and incorporated provisions and clauses are those in effect from the Federal Acquisition Regulations 2005-82, dated June 8, 2015. (iv) This is a full and open competition. The North American Industry Classification Systems (NAICS) code for this acquisition is 517410. (v) The Contractor shall provide the following Contract Line Item (CLIN): Lease of two (2) High Definition (HD) video channels at a bit rate of 3.5 Megabits (MB) each with an associated stereo audio channel at a bit rate of 192 kilobits (KB) on the Yahsat Y1A satellite at 52.5E, East Beam. The Contractor shall provide sufficient bit rate on Yahsat at 52.5E, Transponder 15 (11.996 GHz), East Beam, 365 days/year, to accommodate 2 HD video channels of the agency's compressed digital video and audio transmission. This carrier shall utilize the full power of the transponder and match the published Yahsat Effective Isotropic Radiated Power (EIRP) for the East Beam contour map. The service shall be provided as - non-pre-emptible. - Non-pre-emptible is defined as capacity that is not subject to interruption by the Contractor for use by another entity except as specified in the terms of the contract. (vi) The Broadcasting Board of Governors (BBG) requires lease of two (2) High Definition (HD) video channels at a bit rate of 3.5 Megabits (MB) each with an associated stereo audio channel at a bit rate of 192 kilobits (KB) on the Yahsat Y1A satellite at 52.5E, East Beam. The Contractor shall provide sufficient bit rate on a Yahsat, East Beam at 52.5E, Transponder 15 (11.996 GHz), 365 days/year, to accommodate 2 HD video channels of the agency's compressed digital video and audio transmission. This carrier shall utilize the full power of the transponder and match the published Yahsat EIRP for the East Beam contour map. The service shall be provided as - non-pre-emptible. - Non-pre-emptible is defined as capacity that is not subject to interruption by the Contractor for use by another entity except as specified in the terms of the contract. It is a material requirement that the successful Offeror must be capable of downlinking the source for the BBG video and audio programs from the Hot Bird satellite at 13E, i.e., the KU Band Downlink Frequency, East Beam for the satellite capacity required herein or provide an alternative delivery method. See the - Statement of Work in Attachment B for more details. (vii) The period of performance is a Base Period from date of award for 366 days. There are also four one (1) year Option Periods which may be exercised at the sole discretion of the Government. The Option Periods and Continuity of Services clause will follow sequentially for a total contract duration not to exceed sixty-three (63) months. (viii) The Federal Acquisition Regulation (FAR) provision FAR 52.212-1 Instruction to Offerors-Commercial Items, applies to this solicitation. Full text of all FAR clauses and provisions are available electronically at the following Internet address: https://www.acquisition.gov. Interested offerors who are capable of providing these space segment services should submit a proposal demonstrating their ability and experience in providing the required services. INTERESTED OFFERORS RESPONDING TO THIS SOLICITATION SHALL SUBMIT THE FOLLOWING ITEMS TO THE CONTRACTING OFFICER IN ACCORDANCE WITH PARAGRAPH (IX) BELOW: (1) a Technical Proposal which addresses the two technical factors described below in (ix) and (2) a Price Proposal in accordance with paragraph (ix) below. The Price Proposal must contain a copy of the attached SF 1449 and Attachment A titled - Service and Price Schedule which must be filled out by the interested Offeror. The Government plans to award without discussions, but may conduct discussions if it deems it is in the Government's best interest in accordance with FAR 13.106-2(b)(1). (ix) The BBG will award a Commercial Item, Firm-Fixed-Price contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation that is considered to be the most advantageous to the Government. The award decision will be based on the Government's evaluation of each offeror's technical approach, experience, and price. The Government intends to make a best value selection. All evaluation factors, other than price, when combined, are significantly more important than price. BBG reserves the right to conduct discussions consistent with FAR Section 15.306 in accordance with FAR 13.106-2(b) (1). THE FOLLOWING THREE EVALUATION FACTORS OF TECHNICAL APPROACH, EXPERIENCE, AND PRICE MUST BE ADDRESSED IN THE OFFERORS PROPOSALS. THE GOVERNMENT WILL USE THESE FACTORS TO EVALUATE OFFERORS PROPOSALS. 1) Technical Approach: The Offeror must provide a narrative detailing the approach that it will take to meet the requirement. The Offeror must illustrate its understanding of the requirement and its ability to provide the required services stated herein and to provide uninterrupted service. The Offeror must submit a brief description of its company's business and provide a company point of contact including address, e-mail address, telephone number, fax number and the company's web-page address. To be considered for award, the successful Offeror's Technical Proposal must demonstrate the ability to provide /satisfy all three of the following technical requirements: (a) Service: The Contractor shall have the ability to provide the required bit rate (3.5 MB for two video channels with an associated stereo audio channel at a bit rate of 192Kb on the Yahsat Y1A satellite, Transponder 15 (11.996 GHz), East Beam at 52.5E, 365 days/year, to accommodate 2 HD video channels for the agency's compressed digital video and audio transmission. This carrier shall utilize the full power of the transponder and match the published Yahsat EIRP for the East Beam contour map (b) Downlink Capabilities: The Offeror must be capable of downlinking the source for the agency's video and audio programs from the Hot Bird satellite at 13E (i.e.,the KU Band Downlink Frequency, East Beam) or provide an alternative delivery method. (c) Availability of Service: The Offeror must agree to meet the transponder availability range of 99.999%. 2) Experience: The Offeror shall provide recent examples (within the past three (3) years) demonstrating the Offeror's experience in providing the services required under this solicitation to Governmental and/or commercial customers. Examples provided should be of the same and/or similar services specified herein. 3) Price: A Separate Price Proposal showing a price breakdown for the CLIN above is required. The prices shall be provided in English and United States dollars. The Price Proposal must contain: Attachment A titled - Service and Price Schedule, which must be filled out by the Offeror, and a signed copy of the SF 1449, which is attached to this notice. Offerors are cautioned that failure to address each of the above evaluation factors may deem their proposal unacceptable. (x) Offerors shall include a completed copy of the provision FAR 52.212-3 Offeror Representations and Certifications-Commercial Items with its offer. Offerors may either submit a paper copy of FAR Clause 52.212-3 or submit this information through the System of Award Management (SAM) at HTTPS://WWW.SAM.GOV/PORTAL/PUBLIC/SAM/. Proposals must also include contractor's DUNS Number, prompt payment terms, and correct remittance address, if different from mailing address. THE CONTRACTOR MUST BE REGISTERED ONLINE AND MARKED - ACTIVE IN SAM PRIOR TO CONTRACT AWARD. (xi) The FAR clause 52.212-4 titled Contract Term and Conditions-Commerical items, applies to this acquisition with addendum to the clause. The addendm in addition to the language contained in Atachment B is as follows: TAILORED CLAUSES OF FAR 52.212-4 (DEC 2014) (l) Termination for the Government's convenience [tailored]. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. The Contractor shall not be entitled to and shall not be paid anticipatory profits or consequential damages. (t) System for Award Management (SAM) [tailored]. (1) During performance and through final payment of any contract, the Contractor shall be registered in the System for Award Management (SAM) database and is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, - doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the - Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the - Suspension of payment paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (5) Definitions. As used in this clause - Registered in the System for Award Management (SAM) database means that (i) The Contractor has entered all mandatory information, including the Data Universal Numbering System (DUNS) number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see FAR Subpart 4.14) into the SAM database; (ii) The Contractor has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (iii) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (iv) The Government has marked the record - Active. End of Tailored Clauses of FAR 52.212-4 CONTRACTING OFFICER'S REPRESENTATIVE The Contracting Officer will appoint by letter a Contracting Officer's Representative (COR) who will have the responsibility of ensuring that the work performed by the Contractor conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in the letter of authorization or in this contract. It is understood and agreed, in particular, that the COR shall not have the authority to make changes to the scope or terms and conditions of the contract unless and only to the extent that such authority is specified in the letter of authorization or in the contract. THE CONTRACTOR IS HEREBY FOREWARNED THAT, ABSENT THE REQUISITE AUTHORITY OF THE CONTRACTING OFFICER'S REPRESENTATIVE (COR) TO MAKE ANY SUCH CHANGES, IT MAY BE HELD FULLY RESPONSIBLE FOR ANY CHANGES NOT AUTHORIZED IN ADVANCE, IN WRITING, BY THE CONTRACTING OFFICER; MAY BE DENIED COMPENSATION OR OTHER RELIEF FOR ANY ADDITIONAL WORK PERFORMED THAT IS NOT SO AUTHORIZED; AND MAY ALSO BE REQUIRED, AT NO ADDITIONAL COSTS TO THE GOVERNMENT, TO TAKE ALL CORRECTIVE ACTION NECESSITATED BY REASON OF THE UNAUTHORIZED CHANGES. (End of Clause) CONTRACT ADMINISTRATION The Contractor shall designate below a company official whom the BBG may contact during the period of performance of this contract for prompt contract administration: NAME: TITLE: ADDRESS: E-MAIL: PHONE: FACSIMILE: The Contractor shall also designate below a company official responsible for reviewing performance evaluation entered into the Contractor performance Assessment Reporting System (CPARS). NAME: TITLE: ADDRESS: E-MAIL: PHONE: FACSIMILE: INVOICE SUBMISSION AND PAYMENT (a) The Contractor shall submit a monthly invoice to the COR via email. The COR will be identified at the time of award. All payments will be made in U.S. dollars and in arrears. (b) The Contractor's monthly invoice shall list: (1) name and address of Contractor, (2) invoice date and invoice number, (3) BBG contract number (e.g., BBG50-C-15-0000) (4) the number of deliverables submitted and accepted, and (5) electronic funds transfer (EFT) information. Any invoice lacking electronic funds transfer information shall be deemed not to be a proper invoice for the purposes of Prompt Payment under this contract. (c) Pursuant to the Prompt Payment Act, the BBG will pay the invoice within 30 days of either: (1) receipt of a proper invoice or (2) acceptance of deliverables; whichever is later. Note: The BBG intends to change its current invoicing procedures to the Invoice Processing Platform (IPP) system. The Contractor may be required in the future to register and submit invoices through the IPP system. Any costs associated with complying with the invoice change will be at the Contractor's expense. Please visit https://www.ipp.gov/ for more information. EXERCISING OF OPTIONS UNDER THIS CONTRACT The Government reserves the right to exercise unilaterally the options in the contract subject to the availability of funding. The parties agree that the Government may partially exercise and fund any options in the contract 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 the option exercise. In the event that BBG 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 BBG decides not to exercise any options, BBG will have no further obligation to the Contractor under this contract other than to pay for services actually rendered by the Contractor to BBG hereunder. (End of Clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within two (2) days of the expiration of the current period of performance; 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. (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 sixty-three (63) months. (End of Clause) (xii) FAR clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this solicitation by reference and proposed subsequent contract as well as the following clauses contained within FAR clause 52.212-5: 52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006) with Alternate I (Oct. 1995); 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013); 52.209-6, Protecting the Government Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) ; 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013); 52.219-8 Utilization of Small Business Concerns (Oct 2014); 52.219-28 Post Award Small Business Program Rerepresentation (Jul 2013); 52.222-3 Convict Labor (June 2003); 52.222-21 Prohibition of Segregated Facilities (Apr 2015); 52.222-26 Equal Opportunity (Apr 2015) (E.O. 11246); 52.222-35 Equal Opportunity for Veterans (Jul 2014); 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014); 52.222-37 Employment Reports on Veterans (Jul 2014); 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010); 52.222-50 Combating Trafficking in Persons (Mar 2015);52.222-54 Employment Eligibility Verification (Aug 2013); 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011); 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) and 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Jul 2013). Please note the following clauses may not be applicable to a foreign offeror: 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013); 52.219-8 Utilization of Small Business Concerns (Oct 2014); 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013); 52.222-3, Convict Labor (June 2003); 52.222-21 Prohibition of Segregated Facilities (Apr 2015); 52.222-26 Equal Opportunity (Apr 2015) (E.O. 11246); 52.222-35 Equal Opportunity for Veterans (Jul 2014); 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014); 52.222-37 Employment Reports on Veterans (Jul 2014); ) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) and 52.222-54 Employment Verification (AUG 2013). (xiii) Additional FAR provisions and clauses incorporated by reference and applicable to this solicitation and the proposed subsequent contract are: 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014); 52.209-7 Information Regarding Responsibility Matters (Jul 2013); 52.217-9 Option to Extend the Term of the Contract (Mar 2000); 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Mar 2015); 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) and 52.237-3 Continuity of Services (Jan 1991). There are no other additional contract requirement(s) necessary for this acquisition other than those consistent with customary commercial practices. (xiv) No Defense Priorities and Allocation System (DPAS) rating assigned. (xv) Failure to provide the required services for any the above CLIN may result in the rejection of your proposal. Questions concerning this solicitation must be submitted in writing and must be received by the Contracting Specialist, Myria Carpenter, no later than 12PM EDT on July 8, 2015 via email at proposalquestionMEDC@bbg.gov. Offerors are cautioned not to direct questions concerning this solicitation to anyone but the Contracting Specialist. No questions will be accepted after the established deadline date. Proposals shall be in writing and must be signed by an official who is authorized to bind the organization. Fax or oral proposals will not be accepted. Proposals shall be submitted electronically via email to Myria Carpenter at proposalsubmissionMEDC@bbg.gov. All proposals must be received by 12PM EDT on July 20, 2015. Offerors are reminded to submit two separate attachments - a technical proposal and a separate price proposal. Offerors may send one email with both attachments. ALL ATTACHMENTS MUST BE SENT IN - PDF FORMAT AND THE TOTAL SIZE OF ALL ATTACHMENTS MUST NOT EXCEED 23MB. ALL SUBMISSIONS MUST INCLUDE THE SOLICITATION NUMBER (BBG50-R-15-0027) IN THE SUBJECT LINE. (xvi) Contact: Myria Carpenter, Contract Specialist, Facsimile 202-382-7870, email: mecarpen@bbg.gov. All responsible sources may submit an offer that will be considered by the Agency.