PERFORMANCE WORK STATEMENT (PWS)

For

Army Communications and Outreach Office Army Trademark Licensing Program (ATLP)

Trademark Solutions for Officially Licensed Hang Tags, Hologram Stickers, Package Seals and Track and Trace Technologies

Part I

1. GENERAL. This is a non-personal services no cost agreement to provide Officially Licensed Hang Tags, Hologram Stickers, Package Seals and Track and Trace Technologies on behalf of the United States Army. There will be no event in which funds appropriated by the United States will be used to pay for services described in this PWS, the contractor is awarded exclusive rights to all revenues generated from the earnings of sold Hang Tags, Hologram Stickers, and Package Seals.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision and other items as well as non-personal services necessary to provide licensed Hang Tags, Hologram Stickers, Package Seals and Track and Trace technologies.

1.2 Background: Recruiting and retention represent a continual challenge for the Department of the Army. Despite high confidence by the American public in the military as an institution, military recruiters continue to face a challenging recruiting market as a majority of young Americans do not think about joining the military as a viable option when they are determining what they want to do after high school. Less than six (6) percent of Americans under age 65 have served in the military which indicates a further reduction to the sphere of influence for military service. In addition, less than one (1) in four (4) (less than 25%) young adults are qualified for military service due to one of many disqualifying factors such as education, health (obesity), moral/legal issues, etc. The ATLP exists to support Army marketing efforts by working with commercial entities to increase the visibility of the Army’s registered marks and the Army Brand in popular culture through their merchandise efforts.

The annual volume for holograms stickers varies widely based on the needs of each licensee. Further complicating the ability to provide an accurate estimate of the annual volume for holograms stickers and hangtags is the effect of the pandemic on licensee sales as licensees have had to close or reduce operations. Based on those factors the following is the current annual estimate through June of 2025:

1" Hologram Stickers 1,450 rolls at 2K stickers per roll 1cm Hologram Stickers 120 rolls at 2K stickers per roll Hangtags 2.5” x 2.75” 495 boxes at 2K tags per box Package Seals No seals have been ordered over the course of the current contract

The Secretary of the Army has designated the Office of the Chief of Public Affairs (OCPA) as the proponent for the ATLP. The purpose of the ATLP is to augment and support the Army Enterprise Brand as well as the U.S. Army Marketing and Advertising Program. The current number of licensees is 264.

1.3 Objectives: The U.S. Army Trademark Licensing Office is looking to enter into a no-cost agreement with a trademark solutions entity to be the sole provider of Officially Licensed Hang Tags, Hologram Stickers, Package Seals, and Track and Trace Technologies. The many symbols, names, insignia, and logos of the Army represent the time-honored qualities of the Army’s service to the Nation. They operate as legally recognized marks and are invested with goodwill deserving of protection. The licensing of these marks can bring credit to the Army and its Soldiers and help communicate the Army's values to the public at large. The Army requires the essential trademark licensing services of providing security holograms, hang tags and package seals. The objective of this contract is to enhance the ATLP in promoting a positive, strong trademark licensing program that all licensees and their officially licensed products shall adhere to. The guidelines are outlined in each licensee’s licensing agreement. One of those requirements is the use of holograms, hangtags and package seals in identifying their products as “Officially Licensed” by the U.S. Army. These standards help U.S.

Army licensed products sell better, increase the visibility of the Army Brand, prevent infringement of Army marks and provide a tracking system for the ATLP to use for enforcement/auditing purposes.

1.4 Scope: The contractor shall provide the following capabilities:

1.4.1. The ability to include highly detailed elements within the hologram as well as nano-sized elements for increased security. Security features should include the ability to use a “key” that makes taggant markers detectable. Two (2) keys shall be provided.

1.4.2. Hologram that blends complex conversion techniques combined with high security capability such as “latent imaging”, and “nano imagery”. It is the intent of the Army to use its registered logo (see Technical Exhibit 1 for a depiction of the logo) and the URL incorporated into the hologram/hang tag/package seal.

1.4.3. The ability to provide numerous layers of security that can be added seamlessly to any product in order to leverage the security features of the hologram.

1.4.4. A secure manufacturing process that results in a true multi-layer secure hologram device that is capable of seamless integration of third-party security technology.

1.4.5. Hang tag development process with unique shapes, laser serialization and unique graphic visual effects incorporating the hologram.

1.4.6. The capability to provide package seals, incorporating the hologram, that provide the consumer the ability to determine whether the package has been tampered with or breached.

1.4.7. The contractor shall submit all designs recommended for review and approval to the ATLP PM prior to implementation. The initial requirement is for:

2.5”x2.75” Hangtags, 1 inch Hologram Labels and 1 cm Hologram Labels.

1.4.8. Not used.

1.4.9. The contractor will incorporate the Army Logo on the Hologram Label, Hang Tag and Package Seals with maximum aesthetic appeal. Technical Exhibit 1 provides a rendering of the Army Logo to be used on each item. In addition to the Army Logo, the Term “Official Licensee” and URL, www.goarmy.com, will be incorporated into the design for each item.

1.4.10. The contractor shall establish and manage accounts for the estimated 264licensees to begin ordering approved items and be capable of servicing an expanding the licensee base over time.

1.4.11. Technology that provides the capability for the estimated 264 licensees to order holograms, hang tags and package seals from the contractor and manage the product supply chain and shipment of items to the licensees. Technical support shall be included.

1.4.12. The contractor shall provide a regular monthly sales report with the volume of sales/number of units sold for that specific month, and year to date sales for each licensee that purchased Holograms/Hang Tags for their licensed products. A format will is provided at Technical Exhibit 2 and at the time of the pre-performance conference described in paragraph 1.6.14.

1.4.13. The contractor shall provide the ability of the government to track the following items of interest.

http://www.goarmy.com/

- Sales by individual product (hologram seals (1”, and 1cm), hang tags and package seals overall and by licensee.

- Zero sales report whereby the Government can track those licensees who have not purchased product over a specified period of time

- Ability to query the licensee database to provide a list of active and inactive licensees.

- Ability to query the database to provide a list of product submission that were approved, rejected or pending action by licensee.

1.4.14. The contractor shall provide a fully operational online portal whereby licensees register to use the portal; electronically upload their product concepts (in various formats), pre-production and production versions for review, approval, disapproval. The system needs to be capable of allowing the government to respond to a licensee's submission via an electronic reply on the status of their submission. This technology shall also provide the capability to archive product approval transactions (by licensee) as well as provide the ability to query a database for historical information and verification of past product approval actions submitted by each licensee (approved, returned for corrections, rejected etc.). All interaction on the licensor side will be by a person who will review and approve/disapprove submissions through the portal. The contractor will provide training on the use of the technology as required by the government and respective licensees.

1.4.15. The contractor shall designate an individual to serve as the Project Manager (PM) for this program. The contractor shall provide the name, address, telephone number, and e-mail address for this individual at the time of submission of their proposal.

1.4.16. The contractor shall provide an organizational chart identifying departments and key personnel the Government will be working with. The chart with also include all proposed personnel who will be servicing the Army program.

1.5. RESERVED.

1.6. General Information.

1.6.1. Quality Control: The contractor shall develop a quality control program to assess the performance of its program which shall be delivered to the COR within 30 days of contract award.

1.6.2. Quality Assurance: The government shall evaluate the contractor’s performance under this agreement in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the government must 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. Those actions taken by the Government to inspect goods or services to determine that they meet the requirements of the contract.

1.6.3. Recognized Holidays: Contractor is not normally required to deliver scheduled services on holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

1.6.4. Hours of Operation: Hours of operation shall overlap with the ATLP’s core office hours of 0900 - 1600 (eastern).

1.6.5. Place of Performance: The work to be performed under this agreement will be performed at the contractor’s location.

1.6.6. Contract Type: The government will award a no cost agreement.

1.6.7. Security Requirements: N/A

1.6.8. Physical Security: N/A

1.6.9. Key Control: N/A

1.6.10. Anti-Terrorism and Information Assurance Training: All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoD Directive 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

1.6.11. AT Level I Training: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after agreement start date or effective date of incorporation of this requirement into the agreement, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: https://jkodirect.jten.mil/.

1.6.12. Contractor Employees Who Require Access to Government Systems: N/A

1.6.13. Special Qualifications: Reserved

1.6.14. Pre-Performance Conference: The contractor shall participate in a kick-off meeting with the Army Trademark Licensing Office currently located at 2530 Crystal Drive, Suite 12160, Arlington, Virginia, 22202 within ten (10) days of contract award but prior to contract operations. The contractor and the COR shall determine a mutually agreeable date and method for the conference and notify the Contracting Officer upon agreement of scheduled date and time.

1.6.15. Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions:

assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract:

issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.16. Key Personnel: The contractor shall not employ any employee of the U.S.

Government (USG) or the Department of Defense (DoD), either military or civilian, if such employment would create a conflict of interest (COI). The contractor and/or his subcontractors shall not employ any person who is an employee of the DoD, unless such person receives prior approval in writing from the Contracting Officer (KO) in accordance with DoD Directive 5500.7. The contractor shall designate an individual to serve as the Project Manager (PM) for this program. This individual will be responsible for all day-to-day activities for this effort. This PM shall liaison (either telephonically, electronically or in person) with the Army’s Program Manager (PM) and/or Contracting Officer’s Representative (COR) on a regular basis for reviews of program performance/execution, delivery of required reports and other deliverables as described. The contractor shall provide the name, address, telephone number, and e-mail address for this individual at the time of submission of their offer. The contractor shall notify the Contracting Officer (KO), in writing, of changes in personnel no later than five (5) working days prior to said change.

1.6.16.1. Project Manager: The contractor shall designate an individual to serve as the Project Manager (PM) for this program. This individual will be responsible for all day-to-day activities for this effort. This PM shall liaison (either telephonically, electronically or in person) with the Army’s Program Manager (PM) and/or Contracting Officer’s Representative (COR) on a regular basis for reviews of program performance/execution, delivery of required reports and other deliverables as described. The contractor shall provide the name, address, telephone number, and e-mail address for this individual at the time of submission of their offer.

1.6.17. Non-Disclosure Agreement (NDA): All contractor personnel working under this contract shall be required to sign a non-disclosure agreement (NDA). The contractor shall keep the terms and conditions of this contract and all license agreements strictly confidential and shall not disclose such terms and conditions to any third party without obtaining prior written consent from the KO, COR or PM as determined on a case-by-case basis. In the event that the contractor is requested or required through legal process to disclose any confidential information of the Army, the contractor shall provide prompt notice of such a request to the COR and ATLP PM.

1.6.18. Identification of Contractor Employees. All contract 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 in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor personnel will be required to obtain and wear badges in the performance of this service IAW FAR 37.114(c). A safety exception is allowed for personnel performing maintenance on equipment.

1.6.19. Data Rights: All data/files generated during the execution of this agreement shall be maintained and protected by the contractor. The contractor shall maintain complete and accurate files of documentation, records, and reports required under the terms of this agreement. A copy of all files and electronic records relating to each licensee shall be turned over to the contracting officer and ATLP PM at the expiration or termination of this agreement.

1.6.20. Organizational Conflict of Interest: The contractor shall not employ any employee of the U.S. Government or the Department of Defense (DoD), either military or civilian, if such employment would create a conflict of interest. The contractor and/or subcontractors shall not employ any person who is an employee of the DoD, unless such person receives prior approval in writing from the contracting officer in accordance with DoD Directive 5500.7.

1.6.21. Disclosure of Information: Performance under this contract may require the contractor to access data and information proprietary to a Government agency, another Government contractor, or of such nature that its dissemination or use other than as specified in this PWS would be adverse to the interests of the Government or others.

Neither the contractor, nor its personnel shall divulge nor release data or information developed or obtained under performance of this PWS, except to authorize Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as specified in this PWS.

Disclosure of information regarding operations and services of the activity to persons not entitled to receive it, or failure to safeguard any classified information that may come to the contractor (or any persons under the contractor’s control) in connection with work under this agreement, may subject the contractor, contractor’s agent, and/or employees to criminal liability under Title 18, Sections 793 and 798 of the United States Code (U.S.C). Neither the contractor nor its employees shall disclose nor cause to be disseminated, any information concerning the operations of the activity that could result in, or increase the likelihood of, the possibility of a breach of the activities’ security or interrupt the continuity of its operation.

The contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the Contracting Officer. All documentation showing individuals’ names or other personal information will be controlled and protected. The provisions of the Privacy Act of 1974, Public Law 93-579, 5 U.S.C., Section 552a, shall apply.

SECTION 2

DEFINITIONS/ACRONYMS

2. Definitions and Acronyms:

2.1. Definitions.

2.1.1. CONTRACTING OFFICER. A person duly appointed by the Government with the authority to enter into and administer contracts on behalf of the Government.

2.1.2 CONTRACT ADMINISTRATOR. The official government representative delegated authority by the Contracting Officer to administer a contract. This individual, normally working in an appropriate contracting or procurement career field, advises on all technical contractual matters.

2.1.3. CONTRACTING OFFICER’S REPRESENTATIVE (COR). An individual designated in writing by the Contracting Officer to act as the authorized representative of the Contracting Officer to perform specific contract administrative functions within the scope and limitations as defined by the Contracting Officer.

2.1.4. CONTRACTOR. The contractor, its subsidiaries and affiliates, joint ventures involving the contractor, or any entity that the contractor may have merged or any individual or entity that assisted or advised the contractor in the preparation of a proposal under this solicitation.

2.1.5. CONTRACT DISCREPANCY. A failure of the contractor to perform in accordance with contract requirement’s specifications. A contract discrepancy may result from a failure of the contractor to provide, or provide on time, the required contract products or services; or it may result because delivered products or services do not meet specific contract standards.

2.1.6. QUALITY ASSURANCE. Those actions taken by the Government to inspect goods or services to determine that they meet the requirements of the contract.

2.1.7. INDICIA. T h e signs, trademarks, service marks, collective membership marks, logos, graphics, slogans, mottos and symbols that have come to be associated with the U.S. Army. The Indicia available through the Army Trademark Licensing Program are set forth in Technical Exhibit 1 of this agreement. Note that these primary elements may expand on a case by case basis with elements such as unit insignia.

2.1.8. LICENSEE. Means those entities that enter in a License Agreement(s) with the U.S. Army through the contractor’s efforts.

2.1.9. REVENUE. Means the funds received by the contractor resulting from licensed use of the Indicia, during the period of the Base Year and any option year thereafter.

2.1.10. HANG TAG. Device, sticker, label, sew on label or seal identifying officially licensed products as being approved by the Licensor/trademark owner.

2.1.11. TRACK AND TRACE TECHNOLOGY. On-line technology offering global access to a database of information that can be queried via the web using a computer, PDA or cell phone.

2.2. Acronyms:

2.2.1. AR: Army Regulation

2.2.2. AAFES: Army & Air Force Exchange System

2.2.3. ASA (M&RA): Assistant Secretary of the Army (Manpower and Reserve Affairs)

2.2.4. ATLP: Army Trademark Licensing Program

2.2.5. CO: Contracting Officer

2.2.6. COR: Contracting Officer’s Representative

2.2.7. DOD: Department of Defense

2.2.8. FAR: Federal Acquisition Regulation

2.2.9. IAW: In Accordance With

2.2.10. IPR: In Progress Review

2.2.11. OGC: Office of the General Counsel

2.2.12. OCPA: Office of the Chief of Public Affairs

2.2.13. PM: Program Manager

2.2.14. POC: Point of Contact

2.2.15. PWS: Performance Work Statement

2.2.16. RA: Regular Army

2.2.17. TIOH: The Institute of Heraldry

2.2.18. USAR: U.S. Army Reserve

2.2.19. USALSA: U.S. Army Legal Services Agency (Office of the Judge Advocate General (OTJAG)

Section 3 Government-Furnished Property and Services

3.1. The COR will provide to the contractor a list of the applicable Army POCs and their contact information located at OCPA, ATLP and USALSA within five days after contract award, and as changes occur.

3.2. The PM will provide approved versions of the Indicia for use by the contractor.

3.3 The PM will provide a current listing of licensees for use by the contractor on a quarterly basis.

Section 4 Contractor Furnished Items and Services

4. The contractor shall furnish all labor, materials, and equipment, for the performance of this contract except that specifically identified as Government-furnished property and services in Section 3.

Section 5 Specific Tasks

5.1 Overview.

The U.S. Army Trademark Licensing Office is looking to enter into a no-cost agreement with a trademark solutions entity to be the sole provider of Officially Licensed Hang Tags, Hologram Stickers, Package Seals, and Track and Trace Technologies.

The annual volume for holograms stickers varies widely based on the needs of each licensee. Further complicating the ability to provide an accurate estimate of the annual volume for holograms stickers and hangtags is the effect of the pandemic on licensee sales as licensees have had to close or reduce operations. Based on those factors the following is the current annual estimate through June of 2025:

1" Hologram Stickers 1,450 rolls at 2K stickers per roll 1cm Hologram Stickers 120 rolls at 2K stickers per roll Hangtags 2.5” x 2.75” 495 boxes at 2K tags per box Package Seals No seals have been ordered over the course of the current contract

In order to promote a positive, strong trademark licensing program all officially licensed products must adhere to the requirements set forth in the U.S. Army Trademark Licensing Agreement. These standards help U.S. Army licensed products sell better, increase the visibility of the Army Brand, prevent infringement of Army marks and provides a tracking system for the ATLP to use for enforcement/auditing purposes.

The Government intends to issue a zero-dollar value contractual agreement for a base period of sixty (60) months from 1 June 2026 through 31 May 2031 with a Firm Fixed Price (FFP) value of zero dollars chargeable to the U.S. Army. This is a no-cost agreement, meaning the government will not be responsible for funding the services described here. Earnings from this contract will be generated from the current 264 licensees (but not limited to that number) who will pay the company awarded the contract for the Hang Tags, Hologram Labels, and package seals.

5.2 Specific Tasks.

5.2.1. The contractor must provide the following capabilities in a “semi-covert/covert” security level:

• The ability to include highly detailed elements within the hologram as well as nano-sized elements for increased security. Security features should include the ability to use a “key” that makes taggant markers detectable. Two (2) keys shall be provided.

• Hologram that blends complex conversion techniques combined with high security capability such as “latent imaging”, and “nano imagery”. It is the intent of the Army to use its registered logo (see Technical Exhibit 1 for a depiction of the logo) and the URL incorporated into the hologram/hang tag/package seal.

• The ability to provide numerous layers of security that can be added seamlessly to any product in order to leverage the security features of the hologram.

• A secure manufacturing process that results in a true multi-layer secure hologram device that is capable of seamless integration of third party security technology.

• Patented hang tag development process with unique shapes, laser serialization and unique graphic visual effects incorporating the hologram.

• The capability to provide package seals, incorporating the hologram, that provide the consumer the ability to determine whether the package has been tampered with or breached.

5.2.2. The contractor shall submit all designs recommended for review and approval to the ATLP PM prior to implementation. The initial requirement is for:

2.5”x2.75” Hangtags, 1 inch Hologram Labels and 1 cm Hologram Labels.

5.2.3. Not used.

5.2.4. The contractor will incorporate the Army Logo on the Hologram Label, Hang Tag and Package Seals with maximum aesthetic appeal. Technical Exhibit 1 provides a rendering of the Army Logo to be used on each item. In addition to the Army Logo, the Term “Official Licensee” and URL www.goarmy.com will be incorporated into the design for each item.

5.2.5. The contractor shall establish and manage accounts for the estimated 264 licensees to begin ordering approved items and be capable of servicing an expanding licensee base over time.

5.2.6. Technology that provides the capability for the estimated 264 licensees to order holograms, hang tags and package seals from the contractor and manage the product supply chain and shipment of items to the licensees. Technical support shall be included.

5.2.7. The contractor shall provide a regular monthly sales report with the volume of sales/number of units sold for that specific month, and year to date sales for each licensee that purchased Holograms/Hang Tags for their licensed products. A format is provided at technical exhibit 2 and will be discussed at the time of the pre-performance conference described in paragraph 1.6.14.

5.2.8. The contractor shall provide the ability of the government to track the following items of interest.

- Sales by individual product (hologram seals (1”, and 1cm), hang tags and package seals overall and by licensee.

- Zero sales report whereby the Government can track those licensees who have not purchased product over a specified period of time

- Ability to query the licensee database to provide a list of active and inactive licensees.

- Ability to query the database to provide a list of product submission that were approved, rejected or pending action by licensee.

5.2.9. The contractor shall provide a fully operational online portal whereby licensees register to use the portal; electronically upload and validate their royalty reports, product concepts (in various formats), pre-production, production versions, and requests for licensing documentation for review and approval or disapproval, while tracking all data for review by ATLP. The system needs to be capable of allowing the government to respond to a licensee's submission via an electronic reply on the status of their submission. This technology shall store and allow the licensor customization and implementation of license agreement and legal letter templates, to include but not limited to amendment, change of control, breach, and expiration letters. This technology shall also provide the capability to archive transactions (by licensee) as well as provide the ability to query a database for data related to all submissions and verification of actions submitted by each licensee. All interaction on the licensor side will be by a person who will review and approve/disapprove submissions through the portal. The contractor will provide training on the use of the technology as required by the government and respective licensees.

5.2.10. The contractor shall designate an individual to serve as the Project Manager (PM) for this program. The contractor shall provide the name, address, telephone number, and e-mail address for this individual at the time of submission of their proposal.

5.2.11. The contractor shall provide an organizational chart identifying departments and key personnel the Government will be working with. The chart with also include all proposed personnel who will be servicing the Army program.

5.3 Indemnification.

5.3.1. Contractor agrees to indemnify and hold the Army harmless against any claim, demand, suit or judgment, including reasonable attorney’s fees, which may be levied against it as a result of Contractor’s actions.

5.3.2. The Army will not be liable for any item manufactured or sold by the contractor with regard to workmanship, material, or design of any item manufactured or sold bearing the Indicia.

5.3.3. The Army will not be liable, as the result of activities by the contractor, for infringement of any patent, copyright, trademark or other intellectual property or privacy right belonging to any third party, or for any damages or costs involved in proceedings based upon any such infringement, or for any royalty or obligation incurred by the contractor because of any patent, copyright or trademark held by a third party.

5.4. Assignment of Agreement.

5.4.1. The parties mutually agree that the management of this agreement is of paramount importance. The contractor agrees that it shall not assign, transfer, convey, or otherwise dispose of the contractor privileges or any part therein to any other person, firm, or corporation without the consent, in writing, of the Contracting Officer.

5.4.2. Should the contractor violate this section, the Contracting Officer may, at his or her discretion, terminate this contract.

5.5. N o t i f i c a t i o n of Claims. The parties mutually agree that if either party has knowledge of any third party making a claim against the Contractor or the Army for any matter arising out of or related to this contract, the party learning or becoming aware of such actual or potential claim will notify the other initially by telephone on the same day.

A written report concerning this notification will be submitted to the COR and Contracting Officer within forty-eight (48) hours.

5.6. Inquiries. If an inquiry is directed to the government, such inquiry will be forwarded to the contractor for a response. The contractor agrees that, upon receiving any inquiry the contractor will handle it in an expeditious manner.

5.7. Notices.

5.7.1 All notices and statements to be given hereunder, shall be given or made at the respective address of the parties as set forth below unless notification of a change of address is given in writing. All notices will be sent by registered or certified mail and will be deemed to have been given at the time it is mailed.

5.7.2 All notices required to be given to the ATLP PM and/or COR will be mailed to the following address:

Army Trademark Licensing Program ATTN: ATLP Program Manager/COR 2530 Crystal Drive, Suite 12140 Arlington, VA 22202

5.7.3. The Contracting Officer and/or auditors designated by him/her will at all times have the right to examine the records of the contractor relative to the gross sales and all other aspects of the contractor privilege granted by this contract. The contractor shall submit upon request any financial statements which may be requested by the Contracting Officer and at the same time certify the integrity of these financial records and reports during the term of this agreement.

5.7.4. The contractor shall at all times, and at its own expense, comply with all applicable laws, rules, regulations, and orders of the Government, DoD, and Department of the Army.

5.8. Deliverables. The contractor shall provide the following deliverables per the established schedule:

5.8.1. Identification of Program Manager (PM). Due at time of proposal submission and updated within five (5) calendar days prior to any changes to the Contracting Officer, COR and ATLP PM.

5.8.2. Organization chart/roster with contact information, updated as changes occur, for use by the Army program manager and COR.

5.8.3. Provide recommendations for proposed holograms and hangtags, for use by U.S. Army licensees, for review and approval prior to implementation.

5.8.4. Establish and manage accounts for the estimated 264 licensees to begin ordering approved items and be capable of servicing an expanding the licensee base over time.

5.8.5. Provide a fully operational online portal whereby licensees register to use the portal; electronically upload their product concepts (in various formats), pre-production and production versions for review, approval, and disapproval as outlined in paragraph 5.2.9.

5.8.6. Provide the ability of the government to track the items of interest in paragraph 5.2.8.

5.8.7. Total sales figure for each licensee on a rolling monthly basis in Microsoft Excel format to the ATLP PM and COR. See Technical Exhibit 2 for sample format.

5.9. Contractor’s Proposal. The contractor’s final negotiated proposal will be incorporated in the final contract at time of contract award.

Technical Exhibit 1

• List/sample of Indicia (Army Style Sheet)

• Army URL: www.goarmy.com

Technical Exhibit 2 (Monthly/YTD Sales Report) (Sample Format)

Customer Name

Client Type

Item Description

UOM Price Quantity Quantity Total

Monthly Total

TYD

Total

Army Licensee

U.S. Army 1" Label

ROLL2K XX 5 10000 $XX $XX

Monthly Total $XX

Year to date Total $XX

CHANGES

Changes in or deviation from the scope of work shall not be effected without a written modification executed by the contracting officer. Only the contracting officer may approve any changes.

CLIN

Description

Quantity Unit of Issue

Base Year Unit Price

1st

Option Year Unit Price

2nd

Option Year Unit Price

3rd

Option Year Unit Price

4th

Option Year Unit Price

Hang Tag sheet, (2,000 units per box)

2.5” X 2.75” Hang tag, single and double-sided printing option

1 Box $68 $66 $64 $62 $60

Package Seals (2000 seals per roll)

1 Each $50 $50 $48 $48 $44

Hologram Stickers 1 inch (2,000 stickers per roll)

1 Each $40 $40 $38 $38 $36

Hologram Stickers 1 cm (2000 stickers per roll)

1 Each $36 $32 $32 $30 $30

Total $194 $188 $182 $178 $170