Commander, Naval Sea Systems Command, SEA 029P, 2531 Jefferson Davis Hwy, Arlington, VA 22242-5160

U -- LICENSE AGREEMENT WITH COVEY LEADERSHIP CENTER FOR COPYRIGHTED D WORKFORCE AND LEADERSHIP EFFECTIVENESS MATERIALS, TRAINING AND COPYRIGHT LICENSE SOL N00024-97-R-9010 DUE 061397 POC Thomas L. Prunier, Contracting Officer (703)602-4519 (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.) This SOLICITATION NUMBER N00024-97-R-9010 is issued as a request for proposal. (iii.) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular #90-46 and Defense Acquisition Circular #91-12. (iv.) FAR 52.219-8, Utilization of Small and Small Disadvantaged and Women-Owned Small Business Concerns is hereby incorporated by reference. (v.) list of CONTRACT LINE ITEM NUMBERS:CLIN 0001: Culture-wide Agreement, CLIN 0002: 7 Habits Manuals, CLIN 0003: Principle Centered Leadership (PCL) Manuals, CLIN 0004: 7 Habits video sets (included in culture-wide agreement), CLIN 0005: PCL video sets (included in culture-wide agreement), CLIN 0006: 7 Habits (Management) Profiles, CLIN 0007: 7 Habits (Employee)Profiles, CLIN 0008: 7 Habits Organizers, CLIN 0009: Learning Journals, CLIN 0010: 7 Habits Cards, CLIN 0011: PCL Cards, CLIN 0012: PCL Texts, CLIN 0013: PCL Journals, CLIN 0014: 7 Habits Texts, CLIN 0015: 7 Habits Facilitator Training session, CLIN 0016: PCL Facilitator Training session, CLIN 0017: Sessions with Covey Presenter as co-facilitator. (vi.) DESCRIPTION OF REQUIREMENTS: The Naval Sea Systems Command intends to enter into a sole source contract with Covey Leadership Center, Inc. for copyrighted Covey workforce and leadership effectiveness materials, training and a license to copy training materials. This contract will be sole source because market research has shown that no other contractor can fulfill NAVSEA's requirements for workforce and leadership effectiveness training, be willing to license the rights to print copyrighted training materials and allow NAVSEA to conduct the training. NAVSEA will consider all reasonable offers. CLIN 0001: Culture-wide Agreement (Quantity 1)(Gives NAVSEA the intellectual property rights over a five year period from date of delivery order under the resulting contract. Allows for an unlimited number of 7 Habits of Highly Effective People by Steven R. Covey copyrighted 1989 and Principle Centered Leadership by Steven R. Covey copyrighted 1990, concepts and material to be used and reinforced throughout the NAVSEA field activity specified in the delivery order. Gives the specified NAVSEA field activity the right to reproduce copyrighted manuals and deliver copyrighted training concepts to all current and future of the specified NAVSEA field activity personnel during a five year licensing period. CLINs 0002 -- 0017 description same as in section (v.) above. Orders shall only be accepted from the NAVSEA HQ Code 029P contracting office. (vii.) DELIVERY is to be made FOB Destination to the Conus address of the NAVSEA activity specified in the delivery order. Department of the Navy, NAVSEA, Shipping/Receiving Platform, 2531 Jefferson Davis Hwy, Bldg: NC3, Arlington, VA 22202. Delivery of all CLINs shall be within 30 days of receipt of delivery order under the resulting contract. Acceptance shall be made at destination. Period of the resulting contract shall be from date of award through 30 September 1999. (viii.) FAR 52.212-1, Instructions to Offerors-Commercial, is incorporated by reference and applies to this acquisition. (ix.) FAR 52.212-2, Evaluation-Commercial Items, is incorporated by reference and applies to this acquisition. ADDENDUM. 52.212-2, Para. (a). The following factors shall be used to evaluate offers: technical capability and price. Technical capability is approximately equal to price. Offerors must include details of the offeror's ability to license the copyrighted material to NAVSEA as well as provide th training and printed material necessary to support the training program. (x.) Offerors SHALL include a COMPLETE copy of the provision 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS, with its proposal. (xi.) FAR 52.212-4. Contract Terms and Conditions -- Commercial Items and FAR 52.232-18, Electronic Funds Transfer Payment are incorporated by reference and applies to this acquisition and resulting contracting. The following terms and conditions are added as an addendum to this clause: Type of contract: The resulting contract will be indefinite delivery indefinite quantity. Minimum value is $295,500.00, Maximum value is $14,000,000.00. (xii.) FAR 52.212-5, Contract Terms And Conditions Required To Implement Statutes Or Executive Orders-Commercial Items (Oct. 1995) is incorporated in this contract by reference, however for paragraphs (b) and (c) only the following provisions apply to this acquisition: FAR 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate 1. FAR 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity (41 U.S.C. 423). FAR 52.219-8, Utilization of Small Business Concerns and Small Disadvantaged BusinessConcerns and Women-Owned Small Business Concerns. FAR 52.219-9, Small, Small Disadvantaged and women-Owned Small Business Subcontracting Plan. FAR 52.219-14, Limitation on Subcontracting. FAR 52.222-26, Equal Opportunity (E.O. 11246). FAR 52.222-35, Affirmative Action for Special Disabled and Vietnam Era Veterans (29 U.S.C. 4212). FAR 52.222-36, Affirmative Action for Handicapped Workers (29 U.S.C. 793). FAR 52,222-37, Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212). FAR 52.225-3, Buy American Act-Supplies (41 U.S.C. 10). FAR 52-225-18, European Community Sanctions for End Products (E.O. 12849). (xiii.) ADDITIONAL CONTRACT REQUIREMENTS: FAR 52.222-24 Preaward On-Site Equal Opportunity Compliance Review is incorporated by reference and applies to this acquisition and resulting contract. FAR 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 30 September 1999. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. FAR 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor -- (1) Any order for a single item in excess of $14,000,000.00; (2) Any order for a combination of items in excess of $14,000,000.00, or (3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. FAR 52.216-22INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 September 1999. Offerors shall include a complete copy of the provision DFAR 252.225-7000 Buy American Act -- Balance of Payments Program Certificate (DEC 1991) with its proposal. DFAR 252.225-7001 Buy American Act -- Balance of Payments Program (JAN 1994) is incorporated by reference and applies to this acquisition and resulting contract. STANDARD COMMERCIAL WARRANTY, SUP 5252.246-9401 (JAN 1992) The contractor shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale, providedsuch warranty is available at no additional cost to the Government. Acceptance of the standard commercial warranty does not waive the Government's rights under the "inspection" clause nor does it limit the Government's rights with regard to the other items and conditions of this contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty. The standard commercial warranty period shall begin upon final acceptance of the applicable material and/or services listed in the Schedule. The Contractor shall provide a copy of its standard commercial warranty (if applicable) with its offer. The warranty shall cover a period of __ __ months, (Offeror to insert time-frame). (xiv.) DPAS rating is C9E. (xv.) CBD Numbered Note: N/A (xvi) One proposal is due 6/13/97 at 2:00 PM Eastern Time at the Naval Sea Systems Command, Code 029P Bldg. NC3/Room 4E12, 2531 Jefferson Davis Hwy, Arlington, VA 22242-5160. Offerors MUST acquaint themselves with the NEW regulations concerning Commercial item acquisition contained in FAR subpart 12 and must ensure that all Representations and Certifications are executed and returned as called for in this solicitation. (xvii) For questions regarding this specific acquisition contact Mr. Thomas L. Prunier (703) 602-4519. (0155)

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