76 -- BOOKS, MAPS, AND OTHER PUBLICATIONS

Notice Date

April 9, 2001

Contracting Office

National Imagery and Mapping Agency, Contracting Support for Directorate of Operations, PCM-E/D-5, 4600 Sangamore Road, Bethesda, MD 20816-5003

ZIP Code

20816-5003

Solicitation Number

NMA301-01-R-0083

Response Due

April 26, 2001

Point of Contact

Contact Jack P. Bess, Jr., 301/227-1944/Contracting Officer, Howard W. Pierce, 301/227-1944

E-Mail Address

Contact Jack P. Bess, Jr., Contract Specialist or (BessJ@nima.mil or PierceH@nima.mil)

Description

National Imagery & Mapping Agency is conducting a limited competition leading to award of an Indefinite Delivery, Indefinite Quantity contract to one or more authorized sellers of RADARSAT-1 imagery with justification and approval based upon RADARSAT-1 being the only currently operational satellite capable of meeting the Government's scene-size requirement. Delivery orders off of this contract will range from a minimum of $1,500.00 to a maximum of $1,000,000.00. Award will be based on price and past performance and will consist of a base year and one (1) option. (This contract will be subsumed by another contract that will be issued at a later date. It is the responsibility of all interested parties to respond to the new solicitation when it is released.) 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 solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 97-22. This procurement is not subject to any set-asides. Depending upon requirement, vendors shall provide RADARSAT-1 data or RADARSAT-1 data with direct downlink services at prices established from their commercial prices list. NIMA intends to issue delivery orders under contract via digitally signed e-mail utilizing the Government's IMPAC VISA card as the preferred method of payment. Vendors must provide documentation of their ability to transmit Level II Tracking Data through the VISA Network in their proposal. Vendors who are unable to demonstrate this ability will receive delivery orders under this contract in signed hardcopy format utilizing the Government's DFAS payment office. Vendors will be eligible to receive e-mail orders utilizing the VISA method of payment upon demonstration of their ability to provide Level II tracking data. In addition, the vendor shall provide pricing for each of the licensing tiers detailed below. Licensing for imagery and imagery products shall be given as a percentage of the cost of the commercial price of the imagery or imagery product, i.e., each specific license detailed below shall be assigned a single percentage value markup to be applied in the same manner to the imagery product purchased. Date(s) and place(s) of delivery and acceptance and FOB point shall always be destination unless otherwise specified on order. Provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition regarding any addenda to the provision. Provision 52.212-2, Evaluation-Commercial Items shall be used and specific evaluation criteria shall be included in that provision. Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer. Contract Terms and Conditions (52.212-4), Commercial Items, applies to this acquisition and to any addenda to the clause. Contract Terms and Conditions Required To Implement Statutes or Executive Orders -- Commercial Items (52.212-5) applies to this acquisition. Licensing (a) Applicability (1) This clause applies to all data sources under this contract, including data sources owned by the service provider and data sources owned by third parties. These provisions apply to all data (foreign and domestic) acquired under this contract, including data downlinked to foreign ground stations. (2) The licenses defined in this section are retroactive and prospective. All scenes from the data sources covered under this contract previously purchased from the contractor and/or to be purchased under this contract shall convert to the license tiers defined in the following paragraphs. (b) General Provisions -- These provisions apply to all licenses acquired under this contract. (1) All license rights purchased under this contract are in perpetuity. (2) Licensed users may generate any derived product from source data procured via this contract. (3) Derived products that contain the source image data (or a "reasonable facsimile" thereof in which a close approximation of the source data can be recovered) inherit the copyright & license of the source data. When the original source image data or a reasonable facsimile thereof is not included as a file, layer, component, or other accessible and/or viewable portion of the derived product whether this data is separate or combined with other data and/or information the derived product shall not inherit the copyright or license of the source data. The derived product is owned by the government without any copyright or license restrictions. Exceptions to the delineation above are: (i) Reduced resolution data sets whose resolution is/has been equal to or worse than the browse imagery available on vendor's commercial archive automatically convert to an Unrestricted license as defined in this contract. Vendor shall inform USG of this threshold as a ratio (i.e., 1 to n pixels) in both x and y axes. (ii) Hardcopy prints at any license tier may be released for a (US Federal Government) licensed user's use, including public information, provided that the Government conspicuously marks the copyright. Marking shall include instructions for recipients to not use data for their (i.e., non-US Federal Government) purposes. (iii) Source data and derived products at any license tier may be posted to Internet web sites provided the implementation precludes downloading of image data and screen capture. Proper copyright and license notices must be conspicuously marked. (4) All licenses include the use of the source data and derived products as government furnished property/information to a contractor under a contract to produce an item for one of the licensed user entities. The source data and derived products will be required to be returned to the licensed user. The contractor will not be permitted to keep or otherwise use any of the source data or derived products. (5) The license holder is permitted to make an unlimited number of hardcopies and softcopies of the source data and derived products for purposes covered by the licensed use. (6) The licenses are not transferable. (7) Licenses may be upgraded by payment of the difference in price between the existing license and the license to be purchased. (1) Where the license to be purchased incorporates 100% of the authorized user group of the existing license. The upgrade price will be calculated using the difference in contract price of the existing license and the license to be purchased: using current prices at the time of the purchase of the upgrade. (ii) Where the license to be purchased includes no portion of the user group of the existing license, the government shall pay the full contract price for that license. (iii) Where the license to be purchased incorporates some portion, but less than 100% of the user group of the existing license, the license price will be calculated using values from other licenses to determine appropriate value of the delta. (8) The US Government (USG) may display (i.e., show or disclose) hard- or softcopy imagery or derived products to organizations outside the authorized user group (defined by the license tier). In order to release source data or derived products, the appropriate license must be purchased unless otherwise allowed in this clause. (c) License Tiers (1) Single Organization -- This license permits unlimited use of source data and derived products within a single organization of the United States Government, specified at the time of purchase. A single organization is defined as follows: (i) Within the Department of Defense -- One of the four branches of the military, a defense agency, or one of the unified commands (including organizations where a designated CINC has operational control). (ii) One of the non-DoD entities identified in Title 50 USC 401a. (iii) Cabinet Departments Other Than DoD -- An organization/agency below the departmental level. (iv) Other individual Government organizations not covered in the above categories. (2) DoD/Title 50 -- This license permits unlimited use of the source data and derived products within all Department of Defense organizations and all Title 50 organizations as defined in 50 USC 401a. Source data or derived products may be used by foreign nationals who are assigned or detailed to a DoD/Title 50 organization (e.g., NORAD or a command staff). These foreign nationals may not share the source data or derived products with any entity not covered by the license. (3) DoD/Title 50 & State/Local Governments -- This license permits all uses covered by the DoD/Title 50 license. In addition, this license permits use by state and local governments when working with US DoD/Title 50 organizations. All source data and derived products may be retained by the state and local governments, with use limited to times when working with U.S. Federal Government organizations on joint projects. (4) DoD/Title 50 & Coalition Forces -- This license permits all uses covered by the DoD/Title 50 license. In addition, this license permits use by allies/coalition partners when working with DoD/Title 50 organizations on combined projects. This includes projects where foreign nationals are involved, but the project has not been officially designated as combined. "Coalition Forces" includes the foreign Department/Ministry of Defense (DoD/MoD) and intelligence organizations, as well as headquarters elements of the UN, NATO, and similar coalitions. All source data and derived products may be retained by the partners, with use limited to combined projects. (5) DoD/Title 50 Premier -- This license permits all uses covered by the DoD/Title 50 & State/Local Governments license and the DoD/Title 50 & Coalition Forces license. (6) Federal Civil -- This license permits unlimited use of the source data and derived products within all US Federal Government organizations, excluding DoD and Title 50 organizations. (7) Federal Civil & State/Local Governments -- This license permits all uses covered by the Federal Civil license. In addition, this license permits use by state and local governments when working with U.S. Federal Government organizations. All source data and derived products may be retained by the state and local governments, with use limited to times when working with U.S. Federal Government organizations on joint projects. (8) Federal Civil & International Partners -- This license permits all uses covered by the Federal Civil license. In addition, this license permits use by international partners when working with US Federal organizations on combined projects. International partners include all foreign government organizations (including national, regional, and local government equivalents). All source data and derived products may be retained by the partners, with use limited to times when working with U.S. Federal Government organizations on combined projects. (9) Federal Civil Premier -- This license permits all uses covered by the Federal Civil & State and Local Governments license and the Federal Civil & International Partners license. (10) US Governments, International Partners, & NGOs -- This license permits use of the source data and derived products within any organization in the US Federal/State/Local Governments. In addition, this license permits use by foreign national/regional/local governments and use by non-governmental organizations when working with U.S. Federal Government organizations on combined projects. All source data and derived products may be retained by the foreign governments and the non-governmental organizations, with use limited to times when working with U.S. Federal Government organizations on combined projects. (11) Unrestricted -- This license permits distribution of the source data and derived products to any entity or person. The unrestricted license (including unlimited reproduction and distribution) will pass through to all those who acquire the imagery and/or imagery products. (d) Other licenses may be negotiated on terms mutually agreeable to the parties. (e) Responsibilities of the Service Providers -- The service providers shall accomplish the following: (1) Ensure license wording accompanying imagery purchased under this contract (including third-party suppliers) contains the correct wording from this contract no matter where the data is disseminated or by whatever means (i.e., hardcopy, digital media, or electronic). (Service Provider is not responsible for dissemination by the Government [e.g., Commercial Satellite Imagery Library, Eagle Vision].) To alleviate customer confusion, no other provisions shall be disseminated with the imagery. (2) Have processes to rapidly negotiate "other" (i.e., special) licenses upon request. (3) For the contract to be internally consistent, terminology used in attachments to contracts (e.g., price sheets) must adhere (verbatim) to the tiers defined above. (f) Glossary (1) Combined -- Between two or more forces or agencies of two or more allies. (When all allies or services are not involved, the participating nations and services shall be identified, e.g., Combined Navies.) (JOINT PUB 1-02; Department of Defense Dictionary of Military and Associated Terms; 23 March 1994, As Amended Through 24 January 2000) (2) Continuous tone -- An image which has not been screened and contains unbroken, gradient tones from black to white, and may be either in negative or positive form. Aerial photographs are examples of continuous tone prints. (Department of Defense, MIL-HDBK-850: Glossary of Mapping, Charting, and Geodetic Terms, January 1994; as cited in USIGS Glossary, Revision B, 11/23/99) (3) Derived product -- any form of information extraction from source data, whether the source data is included or not. The derived product may or may not inherit the copyright and license of the source data. (4) Display -- allowing someone to view a hard- or softcopy of source data or derived products (5) Operational control -- Transferable command authority that may be exercised by commanders at any echelon at or below the level of combatant command. Operational control is inherent in combatant command (command authority). Operational control may be delegated and is the authority to perform those functions of command over subordinate forces involving organizing and employing commands and forces, assigning tasks, designating objectives, and giving authoritative direction necessary to accomplish the mission. Operational control includes authoritative direction over all aspects of military operations and joint training necessary to accomplish missions assigned to the command. Operational control should be exercised through the commanders of subordinate organizations. Normally this authority is exercised through subordinate joint force commanders and Service and/or functional component commanders. Operational control normally provides full authority to organize commands and forces and to employ those forces as the commander in operational control considers necessary to accomplish assigned missions. Operational control does not, in and of itself, include authoritative direction for logistics or matters of administration, discipline, internal organization, or unit training. Also called OPCON. (JOINT PUB 1-02; Department of Defense Dictionary of Military and Associated Terms; 23 March 1994, As Amended Through 24 January 2000) (6) Project -- includes any form of cooperation among the entities referred to in the license tiers. These projects include, but are not limited to, coalition force operations, exercises, co-production, relief efforts and other activities. Projects include any activity or involvement by the US Federal Government that necessitates sharing of source data or derived products. (7) Reasonable facsimile -- a continuous tone image that depicts a visually similar representation of the source data regardless of changes in digital number pixel values including, but not limited to, the following examples: linear or non-linear radiometric corrections, contrast enhancements, spatial filters; geometric transformations; and merges with other data sets. (8) Release -- allowing someone to retain a hard- or softcopy of source data or derived products (9) Source [image] data -- the product (imagery or related information) provided by the vendor purchased via this contract. These data include all levels of processing and value added. Delivery Order selection criteria will be based on price, past performance, and licensing level required

Record

Loren Data Corp. 20010411/76SOL001.HTM (W-099 SN50I6O3)