PWS - v.2.docx

PERFORMANCE WORK STATEMENT

PUBLICATION AND DISTRIBUTION OF WEEKLY CIVILIAN ENTERPRISE NEWSPAPER

FORT CAMPBELL, KENTUCKY

SECTION 1 - GENERAL

1.1 Scope of Work. The Contractor shall provide all personnel, equipment, labor, supplies, tools, materials, supervision, and other items necessary to receive content, produce content, design and publish a civilian enterprise digital news publication for Fort Campbell, Kentucky.

1.2 Personnel

1.2.1 Contract Manager. The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and an alternate, who shall act for the Contractor when the manager is absent, shall be designated in writing to the Contracting Officer within fifteen (15) days after contract award.

1.2.1.1 The Contract Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

1.2.1.2 The Contract Manager or alternate shall be available for discussions with Government officials during normal duty hours upon request to promptly plan, coordinate, and produce the digital news publication.

1.2.1.3 The Contract Manager and alternate must be able to fluently read, write, speak, and understand English.

C.l.3 Employees (DELIVERABLE).

1.3.1 Within seven (7) days after award date, the Contractor shall provide sufficient personnel. (i.e. Managing Editor, Web Designer/Administrator), who are qualified in the following areas of duty assignment under the contract. The Contractor shall also furnish resumes of proposed employees during this period of time. The Contractor shall provide the appropriate number of personnel to receive content from the government editor, design and publish a digital news publication according to specifications. Should a contract employee leave the company the Contractor shall have a comparable replacement on board within fifteen (15) working days. The Contractor shall provide personnel who are fully competent to perform the work indicated below. At a minimum, employees performing under this agreement shall be capable of performing the tasks outlined in paragraphs C.1.3.2, C.1.3.3, C.1.3.3.1, C.1.3.3.2, and C.1.3.4 below, at locations as designated by the Government. This is a non-personal services commercial enterprise contract. All personnel assigned to work with the Fort Campbell, Kentucky, Public Affairs Office (PAO) office in the performance of this contract shall be employees of the contractor and shall not be construed to be employees of the Government. No contact shall be made with senior Fort Campbell leadership by any contractor personnel other than the Contract Manager, and only then after coordination through the editor.

1.3.2 Advance Design and Planning. Able to understand and implement modern digital news publication design and techniques and plan for production requirements. Capable of electronic newspaper pagination using Adobe Creative Cloud computer software or other editing software if required.

1.3.3 Website Designer. Contractor shall provide experienced Website Designer and shall have experience practicing contemporary webpage layout design that distributes news content through digital publications. The Web Designer shall plan, create and code the Fort Campbell Courier webpage with text, sounds, pictures, graphics, and video clips. Additionally, they will have a working knowledge of digital photography, videography, and all other multimedia to better design a contemporary webpage. The Website Designer shall work under the supervision of the Contract Manager. All stories, photos and videos (whether used or not) shall become the property of the United States Army.

1.3.3.1 Assist in the design and publication of a digital news publication. Provide technical assistance in the design of the digital publication to better communicate to the intended Fort Campbell audience and to help accomplish the internal communications and information needs of the command.

1.3.3.2 Assist in designing and paginating final pages under the guidance and instruction of Government representatives. The Commander sets communication objectives. The Public Affairs Officer (PAO) has the responsibility to determine final layout and design to communicate to audience for which the publication is intended.

1.3.4 The Contractor shall provide a qualified supervisor who is responsible to oversee all phases of the digital publication, corrections, and updates.

1.3.5 Conduct of Contractor Staff. Neither the Contractor nor contractor representatives shall solicit advertising in the name of Fort Campbell, Kentucky, or of the United States Army. The Contractor and its representatives shall conduct all business operations on an ethical and business-like basis, dealing honestly and fairly with all advertisers or others coming in contact with the Fort Campbell Courier digital news publication. The Contracting Officer will provide the Contractor and his representatives a letter of authorization to be shown to potential advertisers to establish the relationship between the Government and its requirements for a digital/online news publication and the Contractor.

1.3.6 Off-Duty Employment. The Contractor shall not hire any person whose employment would result in a conflict of interest under Joint Ethics Regulation, Department of Defense (DoD) 5500.7-R, and AR 360-1, Army Public Affairs Program. These include persons with any relationship with the government staff, the senior staff of the command and those who could benefit from a relationship with the Contractor’s organization. No Government personnel may be hired by the Contractor without the written approval of the Contracting Officer.

1.4 Quality Control

1.4.1 Editorial Copy. The editorial staff of the Fort Campbell Public Affairs Office, hereinafter referred to as the PAO, is responsible for proofreading all editorial copy of the Fort Campbell Courier digital news publication and for checking security and accuracy of content. The Contractor shall be responsible for the webpage layout and design of the Fort Campbell Courier digital news publication subject to the guidance, direction and supervision of the Commander or his designated representative, PAO.

1.4.2 Quality of Advertising. The Contractor shall accept for publication only those advertisements, which in the Government's opinion, are in conformance with the principles of good taste. The Contractor shall not accept or publish advertising which in the Government’s opinion is objectionable or obscene in nature: or which reflects adversely upon the Government of the United States or any of its components; or which the Government determines is not pertinent to its internal audience at Fort Campbell.

1.4.3 “Off Limits Advertisement.” Under no condition shall a business establishment listed by Fort Campbell as “Off Limits” be permitted to advertise on the Fort Campbell Courier digital news publication webpage. A list of Off-Limits establishments will be provided to the Contractor by the Government at least quarterly, with interim lists provided as establishments may be designated Off Limits between the usual reporting periods.

1.4.4 Government Clearance. The Contractor shall have all content, including advertisements, reviewed by the Government prior to publicizing online. Failure to do so will constitute a violation of contract.

1.4.5 Advertisement Accuracy. The Contractor shall assume full responsibility for the accuracy of any advertisement appearing on the Fort Campbell Courier webpage. Advertisers will be notified that their advertisements will not conflict with maintaining the morale, welfare and discipline of the command.

l.4.6 The Contractor agrees to hold harmless and defend the Government from and against any and all actions at law or suits in equity including, but not limited to, actions from libel, and for property and bodily injury brought against said party, or in which said party may be joined as a party defendant, arising out of any action or conduct on the part of the Contractor or any of his employees or agents or arising out of any matter published by the Contractor in said online/digital publication and to defend at his own expense any and all such actions or suits and to pay, satisfy, and wholly discharge any and all judgments against the Army that may be obtained or entered by reason of such suits or actions.

1.5 Quality Assurance

1.5.1 Contract Maintenance. The online publication of the Fort Campbell Courier webpage will be monitored by the Government Editor. Only those photographs, news stories, editorials, headlines, captions, outlines, and any other editorial material approved by the Government Editor will be used in any online edition of the Fort Campbell Courier.

1.5.2 Information Control. Specific items of command information published on the Fort Campbell Courier webpage may be made available to anyone else who requests it following the online distribution of the Fort Campbell Courier. Such requests shall be referred to the Government Editor. Under no circumstances will the Contractor make such material available to third parties.

1.5.3 Awards. The Contractor may submit Courier content for industry-wide competition only by mutual agreement with the government representative, usually the COR. The contractor shall provide details to include categories, deadlines and results pertaining to the competition. The contractor shall have all award nominations reviewed by the government prior to submission.

1.6 Reserved.

1.7 Debts. The Government will not be responsible for debts that may be incurred in the online distribution of the Fort Campbell Courier.

1.8 Use of Seals, Insignia, or Emblems. Any statement that implies that the Fort Campbell Courier digital news publication is an official publication of the Department of the Army is prohibited. Official Department of the Army seals, insignia or emblems may not be used in the digital flag or masthead.

1.9 Government Funds. Neither U.S. Government appropriated funds, nor non-appropriated funds, stationery, nor will other materials be used to digitally publish the Fort Campbell Courier. The revenue which the Contractor receives from the sale of advertisements on the Fort Campbell Courier webpage shall constitute full payment to the Contractor. Location of advertising will be by agreement of both parties. Use of “pop-up” or “pay-wall-type” elements must be approved by the PAO Editor two-weeks in advance of execution, and will be used for limited periods.

l.10 First Use Rights First use of command information material produced by the PAO are granted to the commercial enterprise as contractual consideration for producing and publishing the Fort Campbell Courier online/digital publication.

SECTION 2 - DEFINITIONS

2.1 Standard Definitions

2.1.1 Contracting Officer. A person duly appointed with the authority to enter into and administer contracts on behalf of the Government.

2.1.2 Civilian Enterprise Digital News Publication. News publication produced, designed and published online under contract with United States Army components or their subordinate commands. The news and editorial content are approved and provided by the PAO. The digital news publication may contain advertising sold by the civilian contractor. The digital publication and its editorial content will remain the property of the command, installation and PAO in accordance with the terms of the contract.

SECTION 3 - GOVERNMENT FURNISHED ITEMS AND EQUIPMENT

3.1 Facilities. The Contractor will furnish and/or make space for the contract staff within their organization’s location.

3.2 Equipment. The Contractor will provide normal office furnishings: workstations that shall include telephones with local lines, desks with chairs within their organization’s location.

3.3 Government Approval. The Government will approve and forward to Contractor all editorial copy and photographs which will be published on the Fort Campbell Courier webpage.

SECTION 4 - CONTRACTOR-FURNISHED ITEMS AND SERVICES

4.1 General. The Contractor shall furnish all necessary computers, supplies, repair parts, materials, tools, and support equipment required to perform all services. Since much of the equipment is computer-related, the Contractor shall maintain upgraded systems as technology and systems improve to increase efficiency.

4.2 Editorial Computer System. The Contractor shall provide sufficient computer system and software to have the capability to do Desktop Publishing, Online publishing, Word Processing, Photo Manipulation, and have Adobe Creative Cloud to maintain compatibility with Government software, and online publication capabilities. As a minimum, the software shall include automatic file backup, broadband communications between Fort Campbell and publisher and online desk storage of all pictures and editorial copies of no less than one year. The system shall have a daily backup capability.

4.3 Technology Updates. The technology of the editorial computer system shall be reviewed and refreshed as needed to ensure that it remains as advanced to increase efficiency as stated in 4.1.

4.4 Delivery and publication. The digital publication will receive regular content updates, a minimum of three days weekly. The contractor shall complete uploads to the webpage within 2 hours of submission, excluding weekends, federal holidays and after normal duty hours.

4.5 Personnel Availability. Contract staff may work at the Contractors organization’s location, and must be available to receive, disseminate, and update the digital news publication as stated in C.4.4. Contract staff must be available to communicate by phone or email with PAO as stated in C.4.4.

4.6 Website. The Contractor shall establish a webpage for the Fort Campbell Courier linked to the installation website. All editorials shall be accompanied with bylines and organizations, as appropriate. All photos shall be accompanied by cutlines, as appropriate. It shall have a searchable archive with previous Fort Campbell Courier Editions. The webpage should have capabilities of hosting multimedia videos. Advertising by the Contractor posted on the Webpage, shall not obstruct the flow of articles. These ads must be reviewed by the Courier staff prior to being posted. A disclaimer shall be posted that this is not an official website. The government will specify and approve web page design.

4.7 Electronic Transfer. The Contractor agrees to provide an efficient means of accepting electronic file transmissions from Fort Campbell to the publisher. This may be, but not limited to, using File Transfer Protocol (FTP) to a secure server, email, etc.

4.8 Graphics. The contractor agrees to provide access to graphics and clip art services for use in the online news publication of the Fort Campbell Courier.

SECTION 5 - SPECIFIC TASKS

5.1 GENERAL

5.1.1 The Contractor shall produce and publish a digital/online news product for Fort Campbell. The contractor will perform regular content updates, a minimum of three days weekly, except for weekend, holidays and after normal duty hours.

5.1.2 The Government will provide the Contractor with a list of recognized holidays upon awarding of a contract. Dates will be established each year upon renewal.

5.1.3 The Fort Campbell Courier digital news publication will not be distributed either as a supplement to any privately produced civilian printed or digital newspaper or periodical. Privately produced articles, photos, graphics, cutlines, or publications may not be distributed on the Fort Campbell Courier webpage.

5.1.4 The name of the online/digital news publications resulting from this contract will be Fort Campbell Courier. Said name, property, and registered trademark of the Government will not be subject to registration as a trademark by the Contractor. The use of said name is loaned to the Contractor for the Contractor’s exclusive use. The Contractor has no authority to permit or authorize other firms or persons to use said name.

5.1.5 Design. The contractor will provide three web design recommendations that best meet the criteria of 4.6. The number of articles or videos published is not specifically restricted except to reasonable needs and shall be in sufficient quantity to present comprehensive coverage as determined by the Government.

5.1.6 Headline and Text Type. The Contractor shall provide complete typeface options and planning tools to the Government.

5.1.7 Equipment Identification. It is recommended that all computer equipment be engraved by the Contractor with identification information such as the serial number of the item or name of the contractor to facilitate recovery in the event of loss or theft.

5.1.8 Maintenance Support/Replacement. The Contractor shall promptly replace all lost, stolen, destroyed or malfunctioning Contractor furnished equipment so as to avoid an adverse impact in timely publication and distribution of the digital Courier. The Government agrees to reimburse the Contractor’s cost in replacing lost, stolen or destroyed equipment. Reimbursement shall be handled as a claim against the contract. At any time during the life of the contract, upon the mutual agreement of both parties (Contractor and Government), the Contractor may replace, substitute, or introduce new equipment, software and/or networking technologies. Changes shall be done to keep up with changes in equipment, software, and networking that allow increases in productivity on the part of the contractor and/or PAO personnel.

5.1.9 Location of Courier. The Fort Campbell Public Affairs Office is presently located at T-39 Indiana Ave. In the event that a move to a new location is required at some point during the term of this contract, Contractor will be notified by PAO in case of a disruption in submissions to the digital news publication. The Government agrees to provide the Contractor a minimum of two (2) months’ notice prior to the move.

5.2 CONTENTS

5.2.1 Ad-to-editorial copy ratio will not be larger than sixty (60) percent advertising to forty (40) percent. Advertising shall not obstruct the flow of articles.

5.2.2 The Fort Campbell Courier webpage will include only material that reflect the standards of decency characterizing the United States Army and Fort Campbell, Kentucky, as determined by the Government. The Commander reserves the right to prohibit publication of the Fort Campbell Courier webpage when, as determined by the Commander, the Fort Campbell Courier includes advertising that undermines the command’s successful mission performance and preservation of morale and discipline, or that is otherwise contrary to the best interest of the command.

5.2.3 Material appearing on the Fort Campbell Courier webpage will be factual, objective, accurate, balanced, impartial, and as timely as practicable. Present and future tense materials will have priority over other materials.

5.2.4 Disclaimers. The following disclaimers shall be printed in the digital masthead. “This webpage is an authorized publication for members of the Department of Defense. Contents of the Fort Campbell Courier are not necessarily the official views of, or endorsed by, the United States Government, the Department of Defense, Department of the Army, or Fort Campbell, Kentucky. The Fort Campbell Courier is published by (the contractor) a private firm in no way connected to the United States Army under exclusive written contract with Fort Campbell, Kentucky. Everything advertised in this webpage shall be made available for purchase, use, or patronage, without regard to race, color, religion, sex, national origin, age, marital status, physical handicap, political affiliation, or any other non-merit factor of the purchaser, user, or patron. All editorial content of the Fort Campbell Courier is prepared, edited, provided, and approved by the Fort Campbell Public Affairs Office, T-39 Indiana Ave, Fort Campbell, Kentucky 42223, telephone number: 270-798-6090. The appearance of advertising on this webpage, does not constitute endorsement by the Department of the Army or (name of contractor) of the products or services advertised. ADD contractor contact information.”

5.2.5 No opinion poll, survey, or straw vote on political campaigns, candidates, or issues will be conducted for publication on the Fort Campbell Courier webpage. The Fort Campbell Courier webpage shall not contain political campaign news, editorials, cartoons, or other items that are partisan in nature and not within the mission of the organization and its command information objectives. The Fort Campbell Courier webpage shall not carry partisan political advertising or advertising that is political in nature and not pertinent to the mission of Fort Campbell, Kentucky, and its command information objectives as determined by the Government. The Commander reserves the right to prohibit the distribution of the Fort Campbell Courier digital news publication when, as determined by the Commander, the Fort Campbell Courier digital news publication includes prohibited political advertising.

5.2.6 Except as authorized by Section 1307, Title 18. United States Code, with regard to state lotteries and Section 2720, Title 25, the Indian Gaming Regulatory Act the Fort Campbell Courier is prohibited from publishing advertisements or editorial material about “games of chance.”

5.3 ADVERTISING

5.3.1 General Advertising

5.3.1.1 The Fort Campbell Courier webpage shall not carry an advertisement which implies discrimination with regard to race, creed, age, color, sex, or national origin of the purchaser, user, or patron, even if their advertisements do not imply it, the Contractor shall ensure that advertisers in the Fort Campbell Courier do not practice discrimination. Under no conditions shall a business establishment listed by Fort Campbell, Kentucky, as “off limits” be permitted to advertise on the Fort Campbell Courier webpage.

5.3.1.2 The Contractor agrees not to include on the Fort Campbell Courier webpage any advertising of the following types:

1. Paid political advertisements for a candidate, party, or which advocate a particular position on a political issue, including advertisements advocating a position on any proposed Department of Defense policy or policy under review, or which advocate lobbying elected officials on a specific issue.

2. Advertisements for any establishment declared “off limits” by the command; 3. Advertisements that are contrary to law or to DoD or Military Service regulations or that in the Government’s opinion pose a danger or detriment to DoD personnel or their family members, or that interfere with the command or installation missions: and 4. Advertisements for bingo games or lotteries conducted by a commercial organization whose primary business is conducting lotteries.

5.3.1.3 The Contractor shall ensure commercial businesses soliciting military personnel through advertising on the Fort Campbell Courier webpage are ethical in describing goods, services, commodities, and sale terms including guarantees, warranties, etc.

5.3.1.4 Advertisements offering credit terms shall carry a clear statement of the total cash price as well as the total credit costs, including all charges. If payments are shown, the number, amount of each, and the time period shall also be shown. These shall be shown clearly in the advertisements in type no smaller than 6-point.

5.3.1.5 All proceeds from the sale of advertisements will go to the Contractor, who agrees to look exclusively thereto for all of his/her costs and profits, if any.

5.3.1.6 The Contractor agrees to bear all cost and expenses arising out of or attributable to the publication of the Fort Campbell Courier webpage. The Government will not be responsible for debts incurred by the Contractor nor for anything that is published.

5.3.2 Advertisement Restrictions

5.3.2.1 Any advertisements which appear to be editorial copy shall be clearly marked at top and bottom in no smaller than 8-point bold or 10-point type “paid advertisement.” C.5.3.2.4 No advertisement featuring or depicting a soldier in uniform shall be used for advertisement purposes.

5.3.2.2 The Contractor shall have all advertisements reviewed by the PAO prior to publication on webpage.

5.3.2.3 Real Estate Advertising. Advertising for off-post housing available for rent, sale, or lease by an owner, manager, rental agency, or individual shall include only those available on a nondiscriminatory basis for all personnel. No facilities shall be advertised without the Contractor having been notified in writing that open-housing practices are enforced by the owner, manager, rental agency, agent, or individual.

5.3.2.5 The Contractor agrees to carry the following disclaimer near real estate advertising in the Fort Campbell Courier’s classified section: “All Real Estate advertised in this newspaper is subject to Federal Fair Housing Act of 1968, which makes it illegal to advertise any preference, limitation, or discrimination based on race, color, religion, or national origin, or an intention to make such preference, limitation or discrimination. The Fort Campbell Courier shall not knowingly accept any advertisement for Real Estate that is in violation of the Law. All dwellings advertised in this newspaper are available on an equal opportunity basis.”

5.3.2.6 The Contractor agrees not to enter into any exclusive advertising agreement with any firm, broker, or individual for the purpose of selling advertising associated with this contract. C.5.3.2.11 Photograph Restrictions. The webpage shall not carry advertising that contains photographs of individuals in uniform. Excluded from this prohibition are Government Appropriated Fund advertisers and pictures of actors or story characters in advertising for movies, plays, or books.

5.3.2.7 Exclusive Agreements. The Contractor agrees not to enter into any exclusive advertising agreement with any firm, broker, or individual for the purpose of selling advertising associated with this contract.

5.3.2.8 Real Estate Advertising. Advertising for off-post housing available for rent, sale, or lease by an owner, manager, rental agency, or individual shall include only those available on a nondiscriminatory basis for all personnel. No facilities shall be advertised without the Contractor having been notified in writing that open-housing practices are enforced by the owner, manager, rental agency, agent, or individual.

5.3.2.9 The Contractor agrees to carry the following disclaimer near real estate advertising in the Fort Campbell Courier’s classified section: “All Real Estate advertised in this newspaper is subject to Federal Fair Housing Act of 1968, which makes it illegal to advertise any preference, limitation, or discrimination based on race, color, religion, or national origin, or an intention to make such preference, limitation or discrimination. The Fort Campbell Courier shall not knowingly accept any advertisement for Real Estate that is in violation of the Law. All dwellings advertised in this newspaper are available on an equal opportunity basis.”

5.3.2.10 The Contractor agrees not to enter into any exclusive advertising agreement with any firm, broker, or individual for the purpose of selling advertising associated with this contract.

5.3.2.11 Federal Law Compliance. The Contractor shall ensure advertising complies with all requirements of Federal laws. This includes credit disclosure requirements and restrictions on advertising by persons not licensed in a particular profession or occupation.

5.4 DISTRIBUTION

5.4.1 As noted in 4.4.

SECTION 6 - TERMS FOR TERMINATION

6.1 Army Regulations. This contract is subject to Army regulations and is intended to conform in all respects with the principles and policies of the Department of the Army or its agencies. When such contract is in conflict with such regulations, principles and/or policies, this contract is to be modified to conform therewith. If the Contractor does not agree to such a provision, this contract shall be terminated forthwith.

6.2 Modification of the Contract. Any changes to the PWS or other terms and conditions of the contract shall be made by written contract modification signed by both parties.