PWS and PRS OABB.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR

Ohio Association of Broadcasters (OAB) Noncommercial Sustaining Announcement/Public Education Partnership (NCSA-PEP) Program Services

1.0 General: This service provides the Ohio Army National Guard (OHARNG) the ability to advertise at the State and local level using a hybrid between Public Service Advertising (PSA) and paid advertising, called the Non-Commercial Sustaining Announcement/Public Education Partnership (NCSA-PEP) Program. The primary objective is to reach the OHARNG target demographic of 17-35 year-olds, and their influencers. At a state level, the OHARNG’s objective is to have the NCSA-PEP program enhance the OHARNG’s image in the minds of potential recruits and their influencers, resulting in qualified recruitment leads and expanded brand awareness. The NCSA-PEP program will further the OHARNG’s objective by increasing public awareness of the OHARNG, clarifying public understanding of OHARNG’s mission, and improving the public’s perception of the Guard at the state and local level.

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 Broadcasting Services, as defined in this PWS.

1.2 Background: The ARNG established a national NCSA-PEP program in 1995. Initially, NSCA-PEP program was a task order that fell under the Traditional Advertising Indefinite Delivery Indefinite Quantity (IDIQ) contract. The National Guard expanded the NSCA-PEP program nationally in 1996 after trying it in several states and used it as an anchor to its national branding campaign ever since. The Army National Guard is the only organization that used NSCAs on a national basis and in 2022, National Guard Bureau (NGB) decided to decentralize and allow each state to create a state-level NSCA-PEP contract for television and radio services through each local State Broadcast Association (SBA).

1.3 Period of Performance (PoP): The Period of Performance shall be twelve months from the date of award.

1.4 General Information:

1.4.1 Place and Performance of Services: The Contractor shall have a point of contact (POC) available between the hours of 9:00 AM to 5:00 PM EST Monday through Friday, except on recognized U.S. holidays. Contractor’s place of performance shall be at the Contractor’s facility. However, the Contractor is allowed to have in-person meetings with Government personnel, and at a location other than the Contractor’s facility, if they determine the meetings are needed to ensure the below tasks are met. The Government will provide the Contractor with any necessary Government personnel rosters upon award. 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 Reserved

1.4.1.2 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.1.3 The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times, and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation, which may affect performance. The Government reserves the right to direct the removal of an employee from Government property or revoke access to Government systems for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.2 Recognized Holidays: The Contractor shall determine the manner in which the requirements set forth in this PWS are to be accomplished. However, the Contractor is being notified the Government may not be available on recognized Federal Holidays, with the exception of any automated system generated airtime. The following are recognized United States (US) holidays.

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 Reserved

1.4.4 Reserved

1.4.5 Installation Access and Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the COR. The contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of Army (HQDA) and/or local policy (see PWS 6.0). Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 Reserved

1.4.5.2 Reserved

1.4.5.3 Reserved

1.4.5.4 Reserved

1.4.5.5 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.

1.4.6 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.

1.4.7 Reserved

1.4.9 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.

1.4.10 Reserved

1.4.11. Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17.

1.4.12 Reserved

1.4.13 Reserved

1.4.14 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 Impressions: Defined by a user potentially seeing the advertisement.

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 Reserved

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

2.1.9 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: (1) National Guard Regulations (NGR) 601-1; (2) ARNG Style Guide/Graphic Standards (“Style Guide”); (3) National Guard-specific trademarked logos; (4) OHARNG Marketing Personnel contact roster and (5) all approved radio and television commercials.

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 This contract provides OHARNG with the ability to advertise at the State and local level using a hybrid between Public Service Advertising (PSA) and paid advertising, called the NCSA-PEP. The primary objective is to reach the OHARNG target demographic of 17-35 year-olds and their influencers on television and radio stations statewide.

5.1.1 OAB shall ensure that the Government is receiving a minimum 4-to-1 Return on Investment (ROI), based on the commercial value of broadcast advertising compared to the Government’s monetary investment. The Contractor shall submit performance goals based on number of spots, daypart airplay and Designated Market Area (DMA) coverage, to ensure priority geographic and demographic targets are being reached as achieved through the former national contract.

5.2 The OAB is responsible for distributing the NCSA-PEP Announcements to all member and non-member commercial radio and television broadcast stations within the state. Participating stations voluntarily donate airtime and related services towards the NCSA-PEP Program.

5.2.1 The OHARNG Recruiting and Retention Battalion (RRB) acknowledges and agrees that the decision of a station to air or not air the OHARNG NCSA-PEP Announcements belongs solely to the station and that therefore the airing of the NCSA-PEP Announcements may be suspended or terminated by any station at any time for any reason. The parties mutually acknowledge and agree that: (a) the NCSA-PEP Program relies solely on the voluntary willingness of the broadcast stations to air the OHARNG’s NCSA-PEP Announcements with the frequency and daypart goals sought by the OHARNG; (b) The broadcast of OHARNG-desired television dayparts may or may not be within the “spot placement” control of a station, e.g., network programming; and (c) placement of the OHARNG NCSA-PEP Announcements will have to compete for airtime and television spot positioning with both commercially purchased spots and other types of spots, such as federal, state and local election advertising.

5.2.2 Nothing in this contract shall prevent the Contractor from communicating with a station with respect to the subject matter of this agreement. OAB will make reasonable efforts to ascertain that performance metrics achieved formerly through the national contract will be formulated and delivered at the state level. In the event of a failure of performance by the Contractor, the Contractor shall use its usual and customary efforts to cause a reasonably adequate number of “make goods” of the OHARNG NCSA-PEP Announcements to be aired over the stations then participating in this NCSA-PEP Program. The term “failure of performance” shall mean a failure to achieve a value ratio of at least four (4) to one (1) in combined television and radio broadcast airings of the OHARNG NCSA-PEP Announcements, measured and documented on monthly, quarterly and annual reports. Any under-performance trends based on Nielsen or equivalent data should be addressed by the Contractor.

5.3 The OAB is responsible for ensuring that only approved NCSA-PEP Announcements are distributed. OHARNG-approved spots will comply with (NCSA-PEP 1) OHARNG Style Guide/Graphic Standards (“Style Guide”), and (2) Electronic and Information Technology Accessibility Standards (Section 508).

5.3.1 No OHARNG NCSA-PEP Announcement will contain any material (i) which violates the Communications Act of 1934, as amended (the “Act”), the rules, regulations or policies of the Federal Communications Commission (“FCC’s Rules”), the Lanham Act or the Copyright Act, (ii) which violates or infringes upon any copyright, patent, trademark, trade secret or other proprietary right or right of privacy of any person or entity, (iii) which creates any obligation of any station to provide a response, or any right of response in favor of any person or entity, including, without limitation, a candidate for public office, (iv) which is defamatory, (v) which is not covered by a duly issued synchronization license(s) or (vi) which includes any music which is neither in the public domain nor licensed by either ASCAP, BMI, SESAC or GMR.

5.3.2 The OAB is responsible for ensuring that approved NCSA-PEP Announcements will include closed captioning of the verbal contents of the announcements, as required by Section 711 of the Act.

5.3.3 The OAB is responsible for ensuring the inclusion of a sponsorship identification tag required by the FCC’s Rules prior to distribution. The OAB and the OHARNG RRB acknowledge and agree that the following sponsor statement complies with Section 73.1212 of the FCC’s Rules: “Sponsored by the OHARNG, aired by the Ohio Association of Broadcasters and this Station.” The radio tag will be aural and the television tag will be visual. OAB may use a third-party vendor to accomplish this requirement, at no additional cost to the Government.

5.3.4 The OAB is responsible for ensuring that approved NCSA-PEP Announcements are encoded with Nielsen or equivalent tracking code(s) prior to distribution. OAB may use a third-party vendor to accomplish this requirement, at no additional cost to the Government.

5.3.5 The OAB will distribute NCSA-PEP Announcements in languages other than English (ie. Spanish), if provided by the Government. OAB shall confirm any additional announcements/materials requested to meet contractual requirements.

5.3.6 All Contractor created or customized TV/radio advertising shall be developed upon mutual agreement between Contractor and OHARNG. All resulting NCSA-PEP advertisements must include “NATIONALGUARD.com/OH” and/or “1-800-GO-GUARD” and receive COR/PM approval prior to any distribution. The Government will make the following resources available to the Contractor, as needed: OHARNG -specific trademarked logos, as well as approved ARNG photos, digital banners, electronic imagery, and video files. All advertising content produced and using the National Guard trademarked logos shall be the property of the ARNG. OAB may use a third-party vendor to accomplish this task, at no additional cost to the Government.

5.3.7 All Contractor created or customized digital advertising (ie. website, social media, etc.) shall be developed upon mutual agreement between Contractor and OHARNG. All resulting NCSA-PEP advertisements must include “NATIONALGUARD.com/OH” and/or “1-800-GO-GUARD” and receive COR/PM approval prior to any distribution. All digital advertisements will have an embedded hyperlink to www.nationalguard.com/OH and may be encoded with Campaign Identifications (CIDs), if provided by the Government. All advertising content produced and using the National Guard trademarked logos shall be the property of the ARNG. OAB may use a third-party vendor to accomplish this task, at no additional cost to the Government.

5.4 The Contractor shall work with the Government (OHARNG) to ensure updated usage agreements for any relevant release of rights/claims are established and correctly reflected in the traffic instructions prior to distribution.

5.4.1 The Government will provide talent releases to Contractor for verification that all spots use talent approved for broadcast and web-streaming, as appropriate. The Contractor shall keep a record of all agreements and a full list shall be included in the contract’s first Monthly Status Report (MSR) and only changes to that list will be provided in the follow-on MSRs.

5.4.2 The Contractor and each station participating under this NCSA-PEP Program will have and will continue to have all licenses, sublicenses, assignments, permissions, waivers and other rights and clearances necessary or appropriate for each participating station to broadcast as well as to retransmit the OHARNG NCSA-PEP Announcements, via broadcast, cable, satellite, Internet, cell phone, smartphone or any other current or future technology or device including, but not limited to, “streaming” over the Internet, without causing the Contractor or any such station to incur any past, present or future fee, cost, expense or liability in connection with such broadcasts or retransmissions.

5.5 The Contractor will provide the Government with a Contact Directory of all PSA Media Providers upon award of contract. The Contact Directory will comprise of contact information including: (1) station name; (2) station street addresses; (3) station phone number; (4) general manager (GM) name; (5) GM email addresses; and (6) GM phone numbers. Any changes to the Contact Directory will be included in Monthly Status Reports (MSR), as applicable.

5.6 OAB NCSA-PEP Performance Requirements: The Contractor shall provide several program elements, which in total, comprise a multi-platform advertising package which delivers a prioritized relationship between Ohio broadcast stations and the OHARNG.

5.6.1 The Contractor shall use such efforts, as are usual and customary from its previous Guard NCSA-PEP Program, to achieve statewide coverage of the OHARNG NCSA-PEP Announcements. The Contractor shall propose, then adhere to the performance metrics in their proposal optimizing the Government’s ability to obtain the best ROI. The Association shall promote to its member stations the program’s importance, as well as distribute OHARNG NCSA-PEP Announcements to all commercial broadcast stations within the State. The Contractor will encourage stations to broadcast NCSA-PEP Announcements at times of day which each participating station believes will be reasonably effective. The Contractor shall ensure that the Government is receiving a minimum 4-to-1 Return on Investment, based on the commercial value of broadcast advertising compared to the Government’s monetary investment (determined during monthly, quarterly and annual evaluation periods). The Contractor shall analyze Designated Market Area (DMA) and daypart airplay to ensure priority geographic and demographic targets are being reached.

5.6.2 The Contractor shall facilitate not less than four annual, in-person media events where members of the OHARNG interact directly with members of the broadcaster’s association. These events include, but are not limited to, OAB board meetings (semi-annual), OAB Executive Forum (annual) and ATAG Station Visits. OAB-hosted events will be determined by the OAB President, while ATAG Station Visits will take place in markets based on OHARNG preference, pending station availability. The purpose of these events is to enhance OAB-OHARNG relationships at the senior level, as well as share OHARNG command messaging, introduce local recruiters to the members of their local media agencies, and familiarize local communities with OHARNG personnel, missions and benefits.

5.6.3 The Contractor shall feature the OHARNG in Ohio Association of Broadcasters (OAB) communications to include, but not limited to, twelve (12) e-mails and twelve (12) social media posts throughout the period of performance.

5.6.4 The Contractor shall facilitate a minimum of one meeting per period of performance to review/develop advertising spots to ensure relevant branding for the OHARNG that targets specific demographics in Non-Metro and Metro areas.

5.6.5 The Contractor may provide COR/PM with information regarding broadcast station opportunities that welcome OHARNG participation (station-hosted career fairs, community events, remote broadcasts, etc.). Opportunities that target high school and/or college audiences are preferred.

5.6.6 The Contractor may provide ARNG personnel access to training webinars/seminars as they relate to sales, branding, and communication skills.

5.6.7 The Contractor may make recommendations to the COR/PM for improvements.

5.7 OAB NCSA-PEP Performance Analysis: The Contractor shall provide monthly and quarterly reports, and an annual summary that demonstrates radio and TV key performance indicators using local affidavits from stations, Nielsen reporting metrics or equivalent, and any other viable source documents illustrating Return on Investment (ROI).

5.7.1 Monthly Status Report. The Contractor shall project and track performance metrics and conduct campaign analysis via the Monthly Status Report. The Contractor shall propose, then adhere to the performance metrics in their QC Plan optimizing the Government’s ability to obtain the best ROI. The Monthly Status Report shall include, at a minimum, a summary of Radio and TV spots aired, including dayparts, as illustrated in Technical Exhibit 3. The Contractor shall also list any additional performance requirements that were actioned each reporting month. These reports will be submitted to the COR and PM.

5.7.2 Quarterly Status Report. The Contractor will submit a Quarterly Status Report that will include a 3-month roll-up of performance metrics and activities, similar to Monthly Status Report. Quarterly reports will be submitted the second Friday following the close of every quarter, except for the last quarter, if the option year is not exercised. The last quarterly report will be submitted NLT the last day of the contract. These reports will be submitted to the COR and PM.

5.7.3 Annual Summary. The Contractor will submit an Annual Summary no later than the last day of the contract of the contract year. The report will include a summary of Radio and TV spots aired, including dayparts, as illustrated in Technical Exhibit 4. It will also summarize performance by Designated Market Area (DMA), to include airtime donated and advertising value. Documentation of all performance requirements (5.6.1-5.6.7) and actions taken during period of performance will also be reported, to include recommendations for improvement. This report will be submitted to the COR and PM.

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

Publication (Chapter/Page) Website

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

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

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).

NCSA-PEP program will reach OHARNG target demographics statewide and deliver a minimum 4-to-1 ROI.

The Contractor will communicate projected ROI goals to participating stations and compensate under-performance with make-goods, as needed.

The Contractor shall comply 98% of the time

The proposed ROI will become the performance standard for this section.

COR//PM will conduct periodic reviews.

The Contractor shall ensure all creative meets ARNG style/trademark guidance and federal/state communication regulations.

The Contractor will ensure the inclusion of closed captioning, sponsorship identification, and performance tracking codes.

Requirements are in effect for both Government-provided and Contractor-created advertising associated with this agreement.

The Contractor shall ensure updated usage agreements for any relevant release of rights/claims are established and correctly reflected in the traffic instructions prior to distribution.

The Contractor will deliver NCSA-PEP Announcements, adhere to performance goals, encourage participation and airplay quality to member stations, and provide monthly, quarterly, and annual evaluations.

Communications will include, but limited to, twelve (12) e-mails and twelve (12) social media posts.

Broadcast station opportunities can include, but are not limited to, station-hosted career fairs, community events, remote broadcasts, etc.). Opportunities that target high school and/or college audiences are preferred.

The Monthly Status Report shall include a summary of Radio and TV spots aired, including dayparts, as illustrated in PWS Technical Exhibit 3. It will also list any additional performance requirements that were actioned each reporting month.

The Quarterly Status Report will include a 3-month roll-up of performance metrics and activities.

The Annual Summary will include a summary of Radio and TV spots aired, performance by Designated Market Area (DMA), documentation of all PWS performance requirements (5.6.1-5.6.7) and actions taken during period of performance will also be reported, to include recommendations for improvement.

TECHNICAL EXHIBIT 2

Deliverables Schedule

5.3 NCSA-PEP Announcement Updates/Customization

5.5 Contact Directory

5.6.1 NCSA-PEP Announcement Program Launch

5.6.2 Six In-person Media Events

5.6.3 Email & Social Media Inclusion

5.6.4 Creative Review

5.6.5 Broadcast Station Opportunities

5.6.6 Training/Webinar Opportunities

5.6.7 Recommended Improvements

5.8.1 Monthly Status Report

5.8.2 Quarterly Status Report

5.8.3 Annual Summary

TECHNICAL EXHIBIT 3

Monthly Status Report Sample The Contractor shall project and track performance metrics, and conduct campaign analysis via the Monthly Status Report (MSR). The Contractor shall propose, then adhere to the performance metrics in their QC Plan, optimizing the Government’s ability to obtain the best ROI. The Monthly Status Report shall include, at a minimum, a summary of Radio and TV spots aired, including dayparts, as illustrated below.

The Contractor shall also list any additional performance requirements that were actioned each reporting month.

TECHNICAL EXHIBIT 4

Annual Summary Sample The Contractor will submit an Annual Summary no later than the last day of the contract of the contract year. The report will include a summary of Radio and TV spots aired, including dayparts, as illustrated below.

The Annual Summary will also summarize performance by Designated Market Area (DMA), to include airtime donated and advertising value. Documentation of all performance requirements (5.6.1-5.6.7) and actions taken during period of performance will also be reported, to include recommendations for improvement.

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