MEARNG - PWS - NCSA.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR

Television and Radio Advertisement

1.0 General:

1.1 Scope: The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform Non-Commercial Sustaining Advertising (NCSA)/Public Education Partnership (PEP) television and radio advertising Services, as defined in this PWS.

1.2 Background: The purpose of this requirement is to provide the Maine Army National Guard (MEARNG) potential leads and brand recognition, through over-the-air broadcasting advertisements, in order to reach potential new recruits in the specific age demographics of 17–24-year-olds, while also trying to target Centers of Influence (COI)/Very Important People (VIP) who help with the influence the target demographic. This requirement intends to help the MEARNG deliver their important recruiting message and the public interest messages effectively to the targeted demographics.

1.3 Period of Performance (PoP): The Period of Performance shall be one base year of 12 months and a six month option.

1.4 General Information:

1.4.1 Place and Performance of Services: The Contractor shall provide services between the hours of 6:00 AM to 11:59 PM, on Monday through Friday, except on recognized US holidays. The Contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.1.1 Telework: The Government will permit the Contractor to telework in support of this requirement. In furtherance of Continuity of Operations Planning (COOP), a telework program may be enacted to ensure that the Government's mission-critical operations stay operational during times of national emergency or incidents of national significance. Telework shall be at no additional cost to the Government.

1.4.2: Recognized Holidays: The following are recognized United States (US) holidays. The Contractor shall not perform services on these days:

1.4.2.1 New Year’s Day: January 1st

1.4.2.2 Martin Luther King, Jr.’s Birthday

1.4.2.3 President’s Day

1.4.2.4 Memorial Day

1.4.2.5 Juneteenth National Independence Day: June 19th

1.4.2.6 Independence Day: July 4th

1.4.2.7 Labor Day

1.4.2.8 Columbus Day

1.4.2.9 Veteran’s Day: November 11th

1.4.2.10 Thanksgiving Day

1.4.2.11 Christmas Day: December 25th

1.4.3 Quality Control (QC): The Contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. At a minimum, the Contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary (PRS). A final QCP shall be submitted to the Contracting Officer Representative (COR) NLT 10 days after contract award. After acceptance of the QCP, the Contractor shall obtain the Contracting Officer’s (KO’s) acceptance in writing of any proposed changes to its QCP.

1.4.4 Quality Assurance (QA): The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s).

1.4.5 Communications Security/Information Technology (COMSEC/IT) Security. All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the Contractor is advised that any time Contractor personnel place or receive a call they are subject to COMSEC procedures. The Contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The Contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.5 Physical Security. The Contractor shall safeguard all Government property provided for Contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.5.1 Contract Manager (CM): The Contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the Contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that Contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure Contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the Contractor.

1.5.2 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are Government employees. The Contractor shall ensure that all documents or reports produced by Contractor personnel are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. The Contractor’s status as a “contractor” shall be predominantly displayed in all correspondence types (to include signature blocks on e-mail) and dealings with Government or non-Government entities. Contractor personnel shall wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word “contractor” displayed.

1.5.3 Data Rights: The Government has unlimited rights to all documents/materials produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.5.4 Organizational Conflicts of Interest (OCI): The Contractor and subcontractor personnel performing services under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications, or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The Contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.0 Definitions and Acronyms:

2.1 Definitions:

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.3 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.4 Government Media: Any photography, videography, or other digital medium that has been produced and/or procured by the Government. This includes but is not limited to: promotional YouTube videos from a verified Army National Guard source, existing television advertisements from the United States Army, and website advertisements from a government entity.

2.1.5 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.6 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.7 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.8 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.9 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.10 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2 Acronyms:

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S):

The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: “Reserved”

3.2 Materials: National Guard Regulation (NGR) 601-1; (2) ARNG Style Guide/Graphic Standards (“Style Guide”); (3) Electronic Roster of RRC’s and State contacts; (4) National Guard-specific trademarked logos; (5) Marketing Non-commissioned Officer contact.

3.3 Equipment: “Reserved”

3.4 Services: All pre-recorded radio and television commercials.

3.4.1 Talent releases to Contractor for verification that all talent has been cleared/verified.

3.5 Utilities: “Reserved”

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the Contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements: The Contractor shall:

5.1 The Contractor shall provide a minimum of 15-30 second radio advertisement on a rotational basis and 30-60 second television advertisements spots, at a minimum per month, for the duration as specified in paragraph 1.3: Period of Performance. Comment by Bibeau, Daniel S 1SG USARMY NG MEARNG (USA): 5.1 and 5.1.1 basically say the same thing. Need to re-write in order to combine or get rid one of the paragraphs in order to decrease repetitiveness and confusion.

5.1.1 The Contractor shall use only Army National Guard specific trademarked logos and media.

5.1.2 The Contractor shall provide updated government media to member broadcasting stations, as directed by the government, up to twelve times.

5.1.2.1 All government media will be provided to the Contractor by the Marketing NCO, Recruiting and Retention Battalion.

5.1.3 The Contractor shall invite a POC from the Recruiting and Retention Battalion to their installation at least once per quarter to participate in station-hosted events.

5.1.4 Ensure “NATIONALGUARD.com” and/or “1-800-GO-GUARD” is advertised on all advertising placements.

5.2 Monthly Status Report:

5.2.1 The Contractor shall draft a Monthly Status Report (MSR). The Contractor shall draft a summary of all tasks undertaken during the previous month and any specified tasks identified in the PWS into the MSR. The written report shall be submitted monthly to the COR and KO no later than the end of every following month via email. A sample of the MSR shall be submitted to the COR and KO for review and approval within ten (10) business days after award. The MSR shall, at a minimum, consist of the following: (1) a section breaking down monthly activities; (2) a detail of tasks accomplished performance standard and task; (3) Deliverables completed; (4) critical actions/issues; (5) problems/issues encountered; (6) program recommendations; and (7) Television Frequency Breakdown Report.

5.2.2 Contractor shall provide this report within 15 calendar days of the previous month ending.

5.3 Contractor Performance Analysis:

5.3.1 Provide a Television Frequency Breakdown Report monthly that analyzes the performance and calculates metrics that include: (1) the name of commercials aired; (2) the date (to include the day of the week) and exact times the commercial aired; (3) the name of the commercial which aired, (4) Designated Market Area (DMA), (5) the Station where the commercial aired (6) the Network where the commercial aired; (7) the Daypart the commercial aired, and (8) Daypart Percentages.

5.4 Invoicing:

5.4.1 All Contractor invoices shall be submitted via Wide Area Workflow (WAWF) using contract line-item numbers (CLINs). The Contractor shall be required to establish account(s), access method(s), log-in(s), and get all necessary training prior to submitting invoices through WAWF. Invoices not submitted via WAWF shall not be accepted or paid.

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter/Page)

Federal Acquisition Regulation https://www.acquisition.gov/?q=browsefar

Defense Federal Acquisition Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html or https://www.acquisition.gov/dfars

Joint Travel Regulation (JTR) https://www.defensetravel.dod.mil/site/travelreg.cfm

DoDM 1000.13-M-V1 DoD Identification (ID) Cards (Enclosure 2, paragraph 3.b) 01/23/2014 (Change 1: 07/28/2020) http://www.esd.whs.mil/Directives/issuances/dodm

Federal Information Processing Standards (FIPS) Publication 201-2 Personal Identity Verification (PIV) of Federal Employees and Contractors (paragraph 9) August 2013 http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf

https://www.esd.whs.mil/Directives/issuances/dodm/

DoDI 5200.46 DoD Investigative and Adjudicative Guidance for Issuing the Common Access Card (CAC) 09/09/14 (Change 1: 05/04/2018) https://www.esd.whs.mil/Directives/issuances/dodi/

Homeland Security Presidential Directive (HSPD)-12 Policy for a Common Identification Standard for Federal Employees and Contractors 08/27/2004 https://www.dhs.gov/homeland-security-presidential-directive-12

DoDI 5400.11 Department of Defense Privacy and Civil Liberties Programs 01/29/2019 https://www.esd.whs.mil/Directives/issuances/dodi/

DoD 5400.11-R Department of Defense Privacy Program 05/14/2007 https://www.esd.whs.mil/Directives/issuances/dodm/

DoDD 8140.01 Cyberspace Workforce Management

10/05/2020 https://www.esd.whs.mil/Directives/issuances/dodd/

DoD 8570.01-M Information Assurance Workforce Improvement Program 12/19/2005 (Change 4: 11/10/2015) https://www.esd.whs.mil/Directives/issuances/dodm/

DoD 5220.22-M National Industrial Security Program Operating Manual (NISPOM) 02/28/2006 (Change 2: 05/18/2016) https://www.esd.whs.mil/Directives/issuances/dodm/

Army Directive 2014-05 Policy and Implementation Procedures for Common Access Card Credentialing and Installation Access for Uncleared Contractors 03/07/2014 https://armypubs.army.mil/ProductMaps/PubForm/ArmyDir.aspx

AR 25-2

Information Assurance 04/04/2019 http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx

AR 530-1

Operations Security 09/26/2014 http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx

AR 525-13

Antiterrorism 12/09/2019 http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx

AR 381-12

Threat Awareness and Reporting Program (TARP) (Section II, ¶ 2-4.b) 06/01/2016 http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx

National Guard Regulation (NGR) 601-1, Army National Guard Strength Maintenance Program

01/01/2019 https://www.ngbpmc.ng.mil/Portals/27/Publications/ngr/ngr%20601-1.pdf?ver=2018-09-07-082541-673

6.1 Applicable Forms: Forms applicable to the PWS are listed below:

DD 1172-2

Application for Identification Card/DEERS Enrollment

I-9 Employment Eligibility Verification 10/21/2019 https://www.uscis.gov/sites/default/files/files/form/i-9.pdf

DD 441

Department of Defense Security Agreement Feb 2020 http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm

DD 250

Material Inspection and Receiving Report

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine Contractor performance and will compare Contractor performance to the Acceptable Quality Level (AQL).

TECHNICAL EXHIBIT 2

Deliverables Schedule

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