12318722Q0041 RFQ.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

WASHINGTON DC 20250-1138

1400 INDEPENDENCE AVE SW MS-1138

AQM PROC PROPERTY

USDA FOREST SERVICE

32TD CODE 16. ADMINISTERED BYCODE

X

X

X

541613

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR3187

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/10/2022 1430 ET

06/06/2022

651-278-5086EVE DAY

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12318722Q0041

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 5 1062330OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20250-1138

1400 INDEPENDENCE AVE SW

STOP CODE 1138

AQM 7TH FI RPE

USDA FOREST SERVICE

15. DELIVER TO

WASHINGTON DC 20250-1138

1400 INDEPENDENCE AVE SW MS-1138

AQM PROC PROPERTY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 07/01/2022 to 06/30/2027

0001 Woodsy Owl Licensing Base Period 7/1/2022-6/30/2023 Product/Service Code: R708 Product/Service Description: SUPPORT- MANAGEMENT:

PUBLIC RELATIONS

Period of Performance: 07/01/2022 to 06/30/2023

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

DEANA M. HICKS

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0002 Woodsy Owl Licensing Base Period

7/1/2022-6/30/2023 Travel Reimbursable CLIN. NTE

$5,000.00 for the base period.

Product/Service Code: R708

Product/Service Description: SUPPORT- MANAGEMENT:

PUBLIC RELATIONS

Period of Performance: 07/01/2022 to 06/30/2023

0003 Woodsy Owl Royalty Commission Base Period

7/1/2022-6/30/2023

Product/Service Code: R708

Product/Service Description: SUPPORT- MANAGEMENT:

PUBLIC RELATIONS

Period of Performance: 07/01/2022 to 06/30/2023

1001 Woodsy Owl Licensing, Option Year 1

7/1/2023-6/30/2024

(Option Line Item)

Product/Service Code: R708

Product/Service Description: SUPPORT- MANAGEMENT:

PUBLIC RELATIONS

Period of Performance: 07/01/2023 to 06/30/2024

1002 Woodsy Owl Licensing Option 1 7/1/2023-6/30/2024

Travel Reimbursable CLIN. NTE $5,000.00 for the option period.

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

5 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 5

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12318722Q0041

(Option Line Item)

Product/Service Code: R708

Product/Service Description: SUPPORT- MANAGEMENT:

PUBLIC RELATIONS

Period of Performance: 07/01/2023 to 06/30/2024

1003 Woodsy Owl Royalty Commission Option 1

7/1/2023-6/30/2024

(Option Line Item)

Product/Service Code: R708

Product/Service Description: SUPPORT- MANAGEMENT:

PUBLIC RELATIONS

Period of Performance: 07/01/2023 to 06/30/2024

2001 Woodsy Owl Licensing, Option Year 2

7/1/2024-6/30/2025

(Option Line Item)

Product/Service Code: R708

Product/Service Description: SUPPORT- MANAGEMENT:

PUBLIC RELATIONS

Period of Performance: 07/01/2024 to 06/30/2025

2002 Woodsy Owl Licensing Option 2 7/1/2024-6/30/2025

Travel Reimbursable CLIN. NTE $5,000.00 for the option period.

(Option Line Item)

Product/Service Code: R708

Product/Service Description: SUPPORT- MANAGEMENT:

PUBLIC RELATIONS

Period of Performance: 07/01/2024 to 06/30/2025

2003 Woodsy Owl Royalty Commission Option 2

7/1/2024-6/30/2025

(Option Line Item)

Product/Service Code: R708

Product/Service Description: SUPPORT- MANAGEMENT:

PUBLIC RELATIONS

Period of Performance: 07/01/2024 to 06/30/2025

3001 Woodsy Owl Licensing, Option Year 3

7/1/2025-6/30/2026

(Option Line Item)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 5

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12318722Q0041

Product/Service Code: R708

Product/Service Description: SUPPORT- MANAGEMENT:

PUBLIC RELATIONS

Period of Performance: 07/01/2025 to 06/30/2026

3002 Woodsy Owl Licensing Option 3 7/1/2025-6/30/2026

Travel Reimbursable CLIN. NTE $5,000.00 for the option period.

(Option Line Item)

Product/Service Code: R708

Product/Service Description: SUPPORT- MANAGEMENT:

PUBLIC RELATIONS

Period of Performance: 07/01/2025 to 06/30/2026

3003 Woodsy Owl Royalty Commission Option 3

7/1/2025-6/30/2026

(Option Line Item)

Product/Service Code: R708

Product/Service Description: SUPPORT- MANAGEMENT:

PUBLIC RELATIONS

Period of Performance: 07/01/2025 to 06/30/2026

4001 Woodsy Owl Licensing, Option Year 4

7/1/2026-6/30/2027

(Option Line Item)

Product/Service Code: R708

Product/Service Description: SUPPORT- MANAGEMENT:

PUBLIC RELATIONS

Period of Performance: 07/01/2026 to 06/30/2027

4002 Woodsy Owl Licensing Option 4 7/1/2026-6/30/2027

Travel Reimbursable CLIN. NTE $5,000.00 for the option period.

(Option Line Item)

Product/Service Code: R708

Product/Service Description: SUPPORT- MANAGEMENT:

PUBLIC RELATIONS

Period of Performance: 07/01/2026 to 06/30/2027

4003 Woodsy Owl Royalty Commission Option 4

7/1/2026-6/30/2027

(Option Line Item)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 5

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12318722Q0041

Product/Service Code: R708

Product/Service Description: SUPPORT- MANAGEMENT:

PUBLIC RELATIONS

Period of Performance: 07/01/2026 to 06/30/2027

Invoicing procedures: Payment will be made in accordance with the Prompt Payment Act. Payment will be made within 30 days of acceptance of a proper invoice. All invoices are to be submitted online via the electronic Invoice Processing

Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/Home

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule

Item Services Qty Unit of Issue

Unit Price Total Price

Royalty Commission

0001 Woodsy Owl Licensing Base Period

4 EA N/A

0002 Travel Reimbursable CLIN Base Period

1 Dollars $5,000.00 $5,000.00 N/A

0003 Royalty Commission Base Period

1 Dollars $10,000.00 $10,000.00

1001 Woodsy Owl Licensing Option 1

4 EA N/A

1002 Travel Reimbursable CLIN Option 1

1 Dollars $5,000.00 $5,000.00 N/A

1003 Royalty Commission Option

1 Dollars $10,000.00 $10,000.00

2001 Woodsy Owl Licensing Option 2

4 EA N/A

2002 Travel Reimbursable CLIN Option 2

1 Dollars $5,000.00 $5,000.00 N/A

2003 Royalty Commission Option

1 Dollars $10,000.00 $10,000.00

3001 Woodsy Owl Licensing Option 3

4 EA N/A

3002 Travel Reimbursable CLIN Option 3

1 Dollars $5,000.00 $5,000.00 N/A

3003 Royalty Commission Option

1 Dollars $10,000.00 $10,000.00

4001 Woodsy Owl Licensing Option 4

4 EA N/A

4002 Travel Reimbursable CLIN Option 4

1 Dollars $5,000.00 $5,000.00 N/A

4003 Royalty Commission Option

1 Dollars $10,000.00 $10,000.00

Total Contract

Price:

Schedule Notes:

1. Fill in Unit Price and Total Price, for all CLINs X001.

2. Fill in Royalty Commission %, for all CLINs X003.

3. Fill in Total Contract Price.

4. Travel Reimbursable Expenses are Not To Exceed $5,000.00 per year, and will be allowed and reimbursed on a case-by-case basis. These CLINs will be incrementally funded when necessary.

5. Royalty Commission will be paid quarterly, based on % of royalties collected. The “plug number” of $10,000.00 per year has been used, will be funded per year, and increased or decreased as necessary.

Description of Requirement

Performance Work Statement

Table of Contents

TOPIC PAGE

Introduction 8

Purpose 8

Scope 9

Contract Parameters 10

Place of Performance 10

Resource Requirements 11

Government Furnished Property 11

Tasks 11

Post Award Conference 16

Service Level Agreements 17

Invoicing Royalty Commission and Meeting SLA’s 18

Security Language for Contracts and Agreements 17

Copyright Management and Responsibility 20

Applicable Laws, Regulations, and Policies 20

Quality Assurance Surveillance Plan (QASP) 20

Introduction

Woodsy Owl and his conservation message were introduced in the 1970’s. The Woodsy Owl Act, Public Law (PL) 93-318 was passed to provide protection for his image and use and allow for the collection of royalties. The June 22, 1974 Act declares the Woodsy Owl name, character, and slogan as property of the United States, authorizes collection of royalties for commercial use of the Woodsy Owl symbol and the slogan: “Give a Hoot Don’t Pollute.” There is a new additional slogan associated with Woodsy Owl:

“Lend a Hand – Care for the Land.” The law recognizes the Woodsy Owl Environmental Program as a public service campaign to promote wise use of the environment and programs which foster maintenance and improvement of environmental quality and makes royalty funds available to further the Woodsy Owl conservation campaign.

The law also authorized the commercial use of Woodsy Owl. It permitted the Secretary of Agriculture to license the commercial use of Woodsy Owl and to collect royalties and secure them in a fund to be used only for promoting conservation messages. That authority has been delegated to the USDA Forest Service.

The current licensing program was established by mid 1970s. The program was officially revamped in 2003. A licensing contractor has managed the vendor licensing contracts ever since. Currently, the program has 23 licensees.

I. Purpose

The purpose of commercial licensing of Woodsy Owl and his message is to increase awareness of the importance of forest and overall conservation of resources through message exposure and to generate royalties for conservation program initiatives.

However, commercial licensing ventures must retain the original purpose of the symbol and both of its messages: the original one – “Give a Hoot – Don’t Pollute;” and his current message - “Lend a Hand – Care for the Land.”

The image and appearance of all licensee products must meet established guidelines and standards for quality control. Final approval of all licenses is by the Director of the Conservation Education Program while approval of all proposals on products is the responsibility of the USDA Forest Service, National

Symbols Manager. This includes review and approval of all artwork, costumes, associations, context, and presentations of the trademark symbol.

II. Scope

Forest Service regulations at 36 CFR 272 (FSM 1620) govern the use of official Woodsy Owl materials in the Woodsy Owl campaign. These regulations specify the conditions for public service and commercial use of the use of the Woodsy Owl symbol and slogans and establish conditions for revocation of licenses.

The scope of this contract is the management and expansion of the Woodsy Owl commercial licensing program, and to increase awareness of his message of environmental conservation through brand licensing. This is a cause-based marketing program.

The scope shall include, but is not limited to, the following:

• Research and promote products that communicate a clear conservation message.

• Manage and promote the Woodsy Owl brand to companies who will appropriately license the image on commercial products. Maintain image and appearance of all licensee products within the intent of the Woodsy Owl conservation education program.

• Notify the USFS of illegal use of the image where identified.

• Manage and track the long-term portfolio of licensees.

• Provide commercial brand licensing program management and endeavor to increase the licensing market penetration for the Woodsy Owl brand.

• Keep and maintain complete and accurate licensing program records, and submit all required deliverables in a timely, complete, and accurate manner.

o The contractor must also maintain complete, accurate, and up-to-date licensee files by individual licensee. These files are the property of the USDA Forest Service and must be returned to the USDA Forest Service at the termination of this contract or at the written request of the USDA Forest Service.

• Provide a licensing program marketing plan that recommends means and methods for successfully reaching program goals.

• Market the licensing program in a proactive manner.

o Contractor shall participate in licensing events and conventions.

o Contractor shall prepare an annual report of marketing activities which is due to the

Forest Service by the beginning of each contract year.

o Contractor shall present an annual marketing plan to the Forest Service.

o Contractor shall seek new licensees and maintain the current licensees.

• Provide licensing assistance and advice to licensees and the USFS on an as needed basis.

• Facilitate the establishment of the Woodsy Owl licensing network through quarterly calls or virtual meetings with all Woodsy Owl licensees to identify ways of improving services to licensees.

• Provide written annual licensee performance report.

• Coordinate and participate in annual on-site/review of one licensee.

• Present quarterly status updates to the National Symbols Program Manager.

• Provide edits for government-owned webpages/website related to licensing information, and information on licensed products that are publicly available.

• Provide management and tracking for all stages of the licensing lifecycle and every phase of product development.

• Provide technical assistance and advice to licensees and the USDA Forest Service on marketing and licensing of the Woodsy Owl within the law and the conservation education goals for the symbol.

• Hold responsibility for all aspects of the management platform.

• The management platform shall provide electronic time stamps for tasks (as available) and correspondence and shall allow the USFS to electronically approve all licenses, and product concepts, artwork, samples, and production proofs.

• Provide backups, extracts, and other data available to ensure that the USFS can audit and/or reconstruct the commercial license program independent of the contractor’s management platform (example: import data, with full functionality, into an already existing automated tool).

• The contractor shall provide information on their proposed management platform in their proposal. Electronic mail (e-mail) shall not be an acceptable management platform.

• Maintain a website with the updated list of all licensed companies, their contact information, and a current product list. The website must also provide information about the licensing program and license application forms. The website must link to the official site of the National Symbols program, www.symbols.gov and to the official Forest Service website.

o The contractor must have the computer hardware, software, and telecommunication equipment that is no older than the current Forest Service software package in order to prepare contracts and send and receive electronic communications.

III. The parameters of the contract are identified in Table 1.

Table 1: Contract Parameters

Parameters Value Period of Performance Five (5) Years, consisting of an *estimated start date of: July 1, 2022

Base Period: July 1, 2022 through June 30, 2023 o Option Period 1: July 1, 2023 through June 30, 2024 o Option Period 2: July 1, 2024 through June 30, 2025 o Option Period 3: July 1, 2025 through June 30, 2026 o Option Period 4: July 1, 2026 through June 30, 2027

*POP is subject to the actual award effective date TBD

Expected Availability The contractor’s business hours shall be between 9:00am and 5:00pm Pacific Time – Monday through Friday.

After Hours Emergency Response

As needed and directed by the Government.

IV. Place of Performance

The place of performance shall be a place of the contractors choosing, including home offices. When necessary, contractor shall provide a publicly accessible workspace that is able to accommodate face-to-face meetings with government personnel and licensees. Contractor’s place of performance shall be able to provide secure storage of licensee’s physical product samples. The contractor shall provide a physical address for their place of performance which may change from time to time and shall ensure that the USFS and licensees are made aware of any address changes in a timely manner.

http://www.symbols.gov/

Travel, if necessary, will be determined after approval of the Contracting Officer and COR. All travel shall be in accordance with FAR 31.205-46(a)(2) Travel costs, and the Federal Travel Regulation (FTR) prescribed by the GSA in effect at the time travel occurs. Local travel, travel within a 50-mile radius of a USDA FS Office, will not be reimbursed.

V. Resource Requirements

The contractor is required to maintain an appropriate work force for the performance of all tasks within this PWS, at all times.

VI. Government Furnished Property (GFP) / Government Furnished Information (GFI)

All Woodsy Owl related materials and information are the property of the US Government and will be returned to the COR within fifteen (15) days of request.

VII. Tasks

The contractor shall be responsible for the following tasks:

1. Manage and promote the Woodsy Owl Commercial License Program

1.1 Provide commercial brand licensing management and marketing for Woodsy Owl licensing program.

1.2 The contractor shall endeavor to increase revenue annually and shall provide the USFS with regular reports of progress on a quarterly basis.

1.3 The contractor shall endeavor to increase the total number of licensees and shall provide the USFS with regular reports of progress on a monthly basis.

2. Maintain current license agreements

2.1 Including, but not limited to inquiries, pending license requests, approved licenses, royalties and fees paid by licensees to the USFS, rejected concepts and products, proposed concepts, pending concepts, approved concepts, pending product approvals, and approved products.

3. Provide licensing assistance and advice to licensees and the USFS as needed.

3.1 The contractor shall provide advice on marketing and licensing of Woodsy Owl within the law and the environmental conservation principles of the brand.

3.2 The contractor shall have at minimum monthly meetings with the government to ensure appropriate coordination between the contractor and the USFS.

Meetings may be conducted using teleconferencing or other virtual meeting technologies.

3.3 Meetings may be canceled at the convenience of the government, and notification of a canceled meeting shall come from the program manager or their designee. The contractor may reasonably reschedule such meeting with 72 hours minimum notice. The contractor may reschedule and/or cancel one meeting per quarter with twenty-four (24) hour notice to the COR.

4. Provide a program status report that shall be presented to the Conservation Education coordinators meeting, as requested.

5. Prepare and submit an annual marketing plan that clearly identifies means and methods for successfully reaching program goals that will include, but not be limited to:

5.1 Identify membership in marketing, brand and sales associations for the USFS to join at the USFS’s expense.

5.2 Identify tactics for increasing number of licensees (examples: attend license shows, use social media markets, direct contact, and marketing network programs). Expenditures associated with above shall be at contractor’s sole discretion.

5.3 Reach and penetrate the target markets for children and adults, and actively seek licenses that provide products for those markets.

5.4 Increase Woodsy Owl visibility with the public through the licensees’ promotion of quality wildfire prevention licensed products and tactical licensing market penetration.

5.5 The Annual Marketing Plan shall be delivered by March of each year.

6. Any USFS requested on-site visits and/or inspections of selected licensees shall be scheduled with at least 45 days advance notice to contractor.

6.1 On-site licensee inspection, not to exceed more than one visit or inspection per year. Any costs or expenses incurred by contractor for such on-site visits and/or inspections shall be reimbursed to contractor, in accordance with the Federal Travel Regulations.

6.2 Work with the COR and USFS program manager to determine if a site visit is appropriate.

6.3 The contractor in conjunction with the USFS program manager shall inspect the site for compliance with the license agreement; and

6.4 Produce a report detailing the results of the inspection and any recommendations to be provided to the USFS no more than thirty (30) calendar days after the site visit.

7. Notify the USFS of illegal and improper use of the Woodsy Owl image

7.1 Where identified, notify the USFS of improper and illegal commercial use of Woodsy

Owl.

7.2 Where identified, the contractor shall notify the USFS of reports of the illegal and inappropriate use of Woodsy Owl name, image, and message.

7.2.1 The contractor shall track these reports including when the USFS was notified, this information shall be included in an annual report to the USFS.

7.2.2 The contractor shall notify the Knowledge Management and Communications Office of the USFS and the program manager, by email, with a detailed report of the suspected illegal or inappropriate use.

VIII. Deliverables

The contractor shall provide the deliverables described below. All deliverables shall be submitted to the COR for formal acceptance in an electronic format agreed upon by the government and the contractor. The government and the contractor shall agree to a schedule of deliverables at the post award conference. The contractor shall submit all deliverables in a timely manner.

All quarterly and annual deliverables are due no later than thirty (30) days after the end of performance periods. Annual deliverables will be submitted with 4th Quarter deliverables.

8.1 Provide a Quarterly Program Report.

Quarters Period Due 1st Quarter 7/1 – 9/30 10/31 2nd Quarter 10/1 – 12/31 1/31 3rd Quarter 1/1 – 3/31 4/30 4th Quarter 4/1 – 6/30 7/31

This report shall contain quarterly updated:

a) Royalty Report

b) Licensee Report

c) Website Update Report

d) Marketing and Outreach Activities Report

e) Unlicensed Products Notification Report

f) The Quarterly Program Report

g) Incomplete data will be documented in the program manager’s quarterly performance review.

8.1.1. Provide a Quarterly Royalty Report

a) License agreements shall include clauses for Licensees to input data into the licensing management system and/or to send a copy of their royalty reports (quantity of products sold, cost of products, royalties owed, and documentation of payment to ASC) to the Contractor no later than 30 days after the USFS fiscal quarter closes.

b) The USFS program manager shall send contractor a report of what amounts were received by Licensees on a quarterly basis.

c) The Contractor will create a Quarterly Royalty Report that contains:

a. Quarterly royalties report provided by licensee (including zero sales), which includes gross units sold by item number and item description, selling price, total gross sales, deductions, net sales, and royalties owed.

b. Failure of licensee to report

c. Late submittals from previous quarters,

d. One-time-use fees if applicable

e. Advances and/or guarantees, total royalties, government percentage, and contractor percentage of royalties

d) The USFS program manager will review the quarterly Royalty Report within ten (10) business days of receiving it and determine if totals are correct or if edits are needed prior to invoicing. Final numbers must be approved by the USFS program manager prior to contractor invoicing in government invoice system.

8.1.2 Provide a Quarterly Licensee Report.

This report shall include:

a. Current and terminated licensees

b. Company name

c. License number

d. Contact name, telephone number, and email address

e. Business website, if available

f. Effective and end dates of agreement

g. Types of products licensed, and

h. Royalty payment status/compliance status.

8.1.3 Provide a Quarterly Website Update Report.

This report shall include specific updates requested by Contractor to the website. Examples include:

a. How to License Woodsy Owl information

b. Licensing Woodsy Owl Contact information

c. Woodsy Owl Licensees

d. “Removed terminated (name) license”

e. “Highlighted (name) company this quarter on home page”

f. The program manager may request specific edits to be made.

8.1.4 Provide a Quarterly Marketing and Outreach Activities Report.

The report shall provide the status of items identified in the annual marketing plan. The report will convey current status outreach efforts such as:

a. Trade shows attended

b. Social media marketing posts

c. New licensing opportunities in development

d. New licenses signed

8.1.5 Provide a Quarterly Unlicensed Products Notification Report.

This report shall contain:

a. list of sites queried for improper use

b. name of violator

c. product description

d. date of notification to the USFS

e. a statement indicating if there were not any reports of or investigations into

f. unlicensed products discovered that quarter.

8.1.6 Prepare and submit an annual marketing plan.

The marketing plan shall clearly identify means and methods for working to successfully reach program goals, and shall include:

a. Identify membership in marketing, brand and sales associations.

b. Identify tactics for increasing number of licensees (e.g.

attend license shows, use social media markets, direct contact, marketing network programs, etc.)

c. Reach and penetrate the target markets for children and adults, and actively seek licenses that provide products for those markets.

d. Increase Woodsy Owl visibility with the public through the promotion of quality environmental education products and tactical market penetration.

e. Be delivered by September 30 of each year.

8.1.7 Prepare and submit an annual licensee performance report.

Demonstrate compliance or noncompliance with royalty reporting, provide sales history, and approved product lines. Due date will be the yearly anniversary of the contract.

Advise the program manager of any necessary remedial actions for any licensee in noncompliance with the royalties. Issues to review may include:

a. lack of compliance with quarterly royalty reporting,

b. several quarters with no sales or no new products proposed, or

c. confusion over the product review process.

8.1.8 Coordinate and participate in on-site visits and/or inspections of licensees.

Program manager, in consultation with Contractor, will determine if an on-site visit is needed. Visit/review may be conducted virtually if deemed appropriate.

On-site review or visit of selected licensee will be conducted and coordinated by the Contractor.

a. USFS program manager will attend site-visit/review.

b. The Contractor will provide a report of findings and recommendations to the USFS within 30 days of the last day of the on-site visit or inspection.

c. The USFS will reimburse Contractor for all reasonable travel, exhibition, and promotion costs incurred by contractor in accordance with all applicable Federal Regulations.

8.1.9 Present a status update at annual conservation education field coordinators meetings.

Presentation will provide a report on the year in review, highlights and challenges, total royalties, new products developed, new licensees, and marketing and product plans for the upcoming year.

USFS program manager will determine if the presentation will be made in person or may be presented virtually.

IX. Post Award Conference

The contractor shall attend a post award conference virtually. The post award conference shall be no later than 30 days after the date of award. During this conference the USFS program manager shall provide the contractor with a schedule of deliverables, and information on managing the Woodsy Owl Commercial License Program which shall be agreed upon by USFS and Contractor. The contractor shall present an initial marketing plan, and access to their management platform.

9.1 Transition Planning

The contractor shall provide the government with a transition plan during the post award conference that shall cover the contractor assuming the tasks detailed in this PWS.

Ninety (90) days prior to the end of the period of performance the contractor shall provide a draft transition plan to transfer the tasks of this PWS. The transition plan shall include:

a) Complete, up-to-date, and accurate information for all licensees and activities.

b) Group mailing list of current licensees.

c) Most recent versions of forms, templates, agreements, etc. even if provided earlier in life of contract.

d) Most recent quarterly program report.

e) Transfer of all product samples, information, intellectual property, data, and any other files related to the Woodsy Owl Commercial License program to the USFS at USFS’s expense.

9.2. USFS shall provide contractor sixty (60) days prior written notice of USFS’ intent not to exercise any Option Year.

If USFS so notifies contractor, during the 60-day period contractor shall be obligated to only prepare the Post Award Transition Planning documents and shall not be obligated to perform any other program duties as outlined herein. Nevertheless, contractor shall continue to receive any and all monthly payments and quarterly payments as described herein.

X. Service Level Agreements (SLA)

SERVICE LEVEL AGREEMENT: Woodsy Owl Commercial License Program.

Table 2: Timely Deliverable Submission

SLA

1.A Woodsy Owl Commercial

License Management

1.B SLA# 01 1.B SLA

Name

Timely Deliverable Submission

SLA Overview 2.B SLA Description Measures timely deliverable submission 2.B Rationale Incentivizes the Service Provider to deliver products within the identified time frames to ensure consistency of service delivery and minimize late or delinquent products

2.C Performance Work Reference

Section 4

2.D Performance Period This SLA is in effect on a continuous basis throughout the period of performance

SLA MEASUREMENT

3.A Measurement Interval The measurement interval is monthly.

3.B Measurement Period The Measurement Period begins at 00:01 on the first day of the quarter and ends at 24:00 on the last day of the quarter 3.C Source of Measurement Data

The source of measurement is a contractor report

3.D Method of Measurement SLA attainment is measured by:

1. Counting the total number of Deliverables with defined due dates from the deliverable tables throughout section 4 (“Total Deliverables”)

2. Counting the number of Deliverables that are delivered on or before the due date on the first day of the Measurement Interval AND the last day of the Measurement Interval (“Delivered on Time”)

3.E Timing of measurement SLA attainment is calculated after the end of the Measurement Period 3.F Method of Government Surveillance

Subject to random or planned audit by the Government or its third-party designee

3.G Assumptions/Conditions • Formal submission is defined as deliverables defined within the PWS. This does not include Ad Hoc requests.

• Submissions may be subject to dependencies on other resources, and groups as stated in the assumption column.

• Dependencies will not be included in the measurement for timely submissions unless the contractor is the cause of the dependency.

3.H Exceptions None SLA Calculations

4.A Calculations (NUMERATOR) number of reports submitted on or before deadlines ÷ (DENOMINATOR) total number of submitted reports = (RESULT) Service Level (%) Attained

4.B Success Criteria N/A 4.C Definitions None

Service Level Objective

5. A Hold Harmless Period Ninety (90) calendar days from Notice to Proceed (NTP) 5.B Target Service Level Objective

90%

5.C Service Level Tim Constraint

None

SLA Administration 6.A Reporting Frequency Quarterly: must be reported in the quarterly status report.

6.B Notes and Comments

XI. Invoicing Royalty Commission and Meeting SLA’s

The contractor shall invoice the USDA Forest Service in the following manner:

a. The contractor will receive a flat rate per quarter for services rendered. The contractor shall be entitled to invoice (within sixty (60) days after the end of each quarter) the USDA Forest Service for a percentage of all Royalty Revenues reported: The contractor will not receive a commission on Woodsy Owl licensing program royalties earned in 4Q of calendar year (paid in February 2023 and subsequent options).

b. The contractor shall submit all invoices through the Invoice Processing Platform (IPP) system.). Invoices are payable within 30 days after acceptance of properly submitted invoice. Contracting should provide these instructions to contractor.

c. If the contractor does not meet any of SLA’s, they shall provide an SLA Insufficiency report per SLA no more than ten (10) business days after being notified of the SLA Insufficiency, which shall include strategies for preventing future insufficiencies and analysis of why the SLA was not met. However, if the contractor can demonstrate through evidential documentation that the Government contributed toward the contractor’s inability to meet an SLA, the Contracting Officer will make a fair and unbiased determination on whether any of the said SLA’s were not met due to Government insufficiencies or failures (partial or in full) and will not count against Contractor. If the Contractor does not meet SLA’s for two consecutive quarters, USFS has the right to terminate the agreement (with payment to Perpetual for those quarters).

XII. Security Language for All Contracts and Agreements

By accepting this contract/agreement, the Contractor/Cooperator and other external organizations (hereafter called Contractor) providing Information Technology (IT) services to the US Forest Service (FS) agrees to comply with the applicable IT security policy as outlined in this document.

The Contractor and other external organizations will be responsible for IT security for all systems connected to the FS network or operated by the Contractor and other external organizations for the FS, regardless of location. This clause is applicable to all or any part of the contract that includes IT resources or services in which the Contractor and other external organizations must have physical or electronic access to FS sensitive information that directly support the mission of the FS.

The term “information technology,” as used in this clause, means any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This includes both major applications and general support systems as defined by OMB Circular A-130.

The Contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of work under this task.

The Contractor shall also protect all unclassified Government data, equipment, etc., by treating information as sensitive business, confidential information, controlling and limiting access to the information, and ensuring the data and equipment are secured within their facility.

The Contractor or other external organization will not publish or disclose in any manner, without the FS Contracting Officer’s written consent, the details of any programs, documentation, data, or safeguards either designed or developed by the Contractor or other external organization under this Contract or otherwise provided by the Government.

Contractor may be required to sign non-disclosure or other appropriate security agreements. A written agreement between the FS and any contractors and other external organizations will be entered into before FS data and information otherwise exempt from public disclosure may be disclosed to the contractors and other external organizations. The contractor and other external organizations will agree to establish and follow security precautions considered by the FS to be necessary to ensure proper handling of data and information. As may be identified elsewhere in this contract, the Contractor agrees that:

• The draft and final deliverables and all associated working papers and other materials deemed relevant by the COR that have been generated by the Contractor in the performance of this contract are the property of the U.S. Government and must be submitted to the COR at the conclusion of the tasks.

• All documents produced for this project are the property of the U.S. Government and cannot be reproduced or retained by the Contractor.

To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor will afford the Government access to the Contractor’s or other external organization’s facilities, installations, technical capabilities, operations, documentation, records, and databases.

The Contractor will cooperate with Federal agencies and their officially credentialed representatives during official inspections or investigations concerning the protection of FS information. Cooperation may include providing relevant documentation showing proof of compliance with federal and agency requirements and rendering other assistance as deemed necessary.

If new or unanticipated threats or hazards are discovered by either the Government or the Contractor or other external organization, or if existing safeguards have ceased to function, the discoverer will immediately bring the situation to the attention of the other party. The Contractor will report real or suspected incidents or violations to the FS Computer Incident Response Team (CIRT), by e-mail, at CIRT@usda.gov.

The Contractor shall insert these clauses in all subcontracts when the subcontractor is required to have routine physical access to a Federally controlled facility and/or routine access to a Federally controlled information system. Failure to comply with said requirements will constitute cause for termination.

The Contractor Agrees To:

a. Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

a. the system records

b. the design, development, or operation work that the contractor is to perform

b. Include the Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and,

c. Include this clause, including this paragraph (3), in all subcontracts awarded under this contract that requires the design, development, or operation of such a system of records. E-sign, development, or operation work that the contractor is to perform.

In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function.

For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered an employee of the agency.

Definitions of the Clause

A. “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

B. “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

C. “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

D. The contractors and other external organizations will ensure that the following banner is displayed on all FS systems that contain Privacy Act information operated by the contractors and other external organizations prior to allowing anyone access to the system:

a. “This system contains information protected under the provisions of the

Privacy Act of 1974 (Public Law 93-579). Any privacy information displayed on the screen or printed must be protected from unauthorized disclosure.

Employees who violate privacy safeguards may be subject to disciplinary actions, a fine of up to $5,000, or both.”

XIII. Copyright Management and Responsibility

The government shall retain all copyrights, trademarks, work products, data, information, and intellectual property that result from the delivery of services.

XIV. Applicable Laws, Regulations, and Policies

The contractor shall comply with the following laws, regulations, and policies.

a. The Woodsy Owl Act PL-93-318. protects the image of Woodsy Owl and allows for certain commercial uses and for the collection of royalties.

b. USDA Forest Service regulation “Use of Woodsy Owl Symbol” provides for the commercial use of the character and name of Woodsy Owl. The regulations can be viewed at the Electronic Code of Federal Regulations website: specifies the conditions for public service, the commercial use of the Woodsy Owl symbol and slogans establishes conditions for revocation of licenses.

c. USFS program policy and guidelines Forest Service Manual (FSM) 1013 and Forest Service Handbook 36 CFR 272 (FSH) governs public service advertising, Woodsy Owl program educational activities, commercial licensing of Woodsy Owl’s name and artwork, image and appearance of Woodsy Owl.

XV. Quality Assurance Surveillance Plan (QASP)

The Government shall monitor the Contractors performance under this contract in accordance with the Governments QASP.

The oversight provided for in the order and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required Past Performance Information Assessments.

The QASP will be finalized immediately following award and a copy provided to the Contractor after award. The QASP is a living document and may be updated by the Government as necessary.

Contractor progress shall be monitored on a regular basis by the USFS COR. Program elements will be discussed with the Contractor and include the following:

• Contractor submission of quarterly program reports

• Submission of licensee listing and web page changes to USFS

• Prompt and accurate submission of applications and license agreements

• Outreach efforts

• Prompt and accurate correspondence and response to licensees and USDA Forest Service, and response to inappropriate uses of Woodsy Owl Prompt and accurate correspondence and response of contractor receiving the preapproval designs, actual prototype, production articles and face to face meeting for USDA Forest Service to approve products. Face to face meetings may be requested on a routine basis to approve designs and contracts and discuss licensee management.

• The USFS shall document contractor performance annually, and narrative will be captured in the Contractor Performance Assessment Reporting System (CPARS).

SECTION C - CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.204-13 System for Award Management Maintenance (OCT 2018) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(NOV 2021)

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in

DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C 4712 and 10 U.S.C 2409 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (JAN 2022) (DEVIATION JUL 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.

3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (5) [Reserved].

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L.