PWS - LAARNG NCSA (DRAFT - 220710).docx

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PERFORMANCE WORK STATEMENT (PWS)

FOR

Non-Commercial Sustaining Announcement Program (NCSA) Media Services

1.0 General: This contract is to provide the Louisiana Army National Guard (LAARNG) the ability to advertise at the state and local level using both: (1) Public Service Advertising (PSA); and (2) a hybrid between PSA and paid advertising called Non-Commercial Sustaining Announcements (NCSA) Program or Public Education Partnership (PEP) Program. The primary objective is to reach the LAARNG target demographic of 17-24 year-olds, then 25-35 year-olds. Unlike the PSA program, the NCSA/PEP program provides a minimum 4:1 airtime guarantee.

Generally, the NCSA Program is made available through State Broadcasters Associations (SBAs), which are represented nationally by the National Alliance of State Broadcasters Associations (NASBA). Each state has its own SBA which represents its radio and television broadcasters. The SBA the provider of distributing NCSAs via radio and television to all markets within the state of Louisiana through its Public Education Partnership (PEP) special. The NCSA Program broadcasts in a variety of markets (large and small) throughout a given state, while giving priority treatment for available airtime, receiving repeated air-time through a campaign, and is more likely to air in desirable time slots between 6:00AM and 12:00 AM (Midnight) local standard time. The NCSA Program is intended to help Government agencies and nonprofit organizations deliver their important public interest messages effectively and affordably. Various state and local Government agencies use NCSAs to promote transportation and highway safety issues/initiatives, health and human services, emergency awareness and preparedness, tourism, consumer protection and education, and many others.

In the past, on a national level, the Army National Guard (ARNG) has used NCSAs across all 50 states, the District of Columbia and Puerto Rico to broadcast its national radio and television announcements in an affordable manner with the establishment of the program in 1995. At a local level, the LAARNG’s objective is to have NCSA enhance the LAARNG’s image in the minds of potential recruits and their influencers, resulting in qualified recruitment leads and expanded brand awareness. This NCSA Program will further the LAARNG’s objective by increasing public awareness of the LAARNG, clarifying public understanding of LAARNG’s mission, and improve the public’s perception of the Guard at the State and local level.

Funding for the NCSA Program does not directly pay TV or radio stations within a state; rather the funding is typically provided to the SBAs (stations are members of their SBA). The SBAs then use the funding to provide the radio stations with member services such as: professional education, regulatory, compliance programs, and advocacy at the state and federal 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 Non-Commercial Sustaining Announcement Program (NCSA) Media Services, as defined in this PWS.

1.2 Background: At a national level, the ARNG established the national NCSA and PSA programs in 1995. Initially, NCSA and PSA programs were a task order that fell under the Traditional Advertising Indefinite Delivery Indefinite Quantity (IDIQ) contract. The National Guard expanded the NCSA and PSA programs nationally in 1996 after trying it in several states and has been using it ever since. The Army National Guard is the only organization that uses NCSAs on a national basis. In 2001, the determination was made to create a separate IDIQ contract for the NCSA and PSA programs (funding amount changes every year) and the first long-term IDIQ was awarded in 2002 (DAHA-90-02-D-0001). A second long-term IDIQ followed in November of 2008 (W9133L- 09-D-0001). In 2022, NGB made the decision to decentralize the contract with the expectation that “annual NCSA fees will be reduced as a result of direct negotiations between SBAs and state contracting offices” (Warren, N.).

1.3 Period of Performance (PoP): The Period of Performance shall be (1) Base Year of 12 months and (3) 12-month option years.

Base Year: 1 December 2022 – 30 November 2023
Option Year 1: 1 December 2023 – 30 November 2024Option Year 2: 1 December 2024 – 30 November 2025
Option Year 3: 1 December 2025 – 30 November 2026

1.4 General Information:

1.4.1 Place and Performance of Services: The contractor shall provide services between the hours of 0800-1600 on Monday through Friday, except on recognized US holidays. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

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

1.4.1.2 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 following are recognized United States (US) holidays. The contractor shall not perform services on these days:

1.4.2.1 New Year’s Day: January 1st

1.4.2.2 Martin Luther King, Jr.’s Birthday

1.4.2.3 President’s Day

1.4.2.4 Memorial Day

1.4.2.5 Juneteenth National Independence Day: June 19th

1.4.2.6 Independence Day: July 4th

1.4.2.7 Labor Day

1.4.2.8 Columbus Day

1.4.2.9 Veteran’s Day: November 11th

1.4.2.10 Thanksgiving Day

1.4.2.11 Christmas Day: December 25th

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

1.4.4 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.

1.4.4.1 Mark and safeguard files, output products, and storage media per classification level and disseminate them only to individuals authorized to receive them with a valid need to know.

1.4.4.2 Protect IS and IS peripherals located in their respective areas in accordance with physical security and data protection requirements.

1.4.4.3 Practice safe network and Internet operating principles and take no actions that threaten the integrity of the system or network.

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

1.4.9 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 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 Contractor Travel. Reserved.

1.4.13 Data Rights. 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 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.

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

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

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

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:

AEIArmy Enterprise Infostructure
ARArmy Regulation
AT/OPSECAntiterrorism/Operational Security
BIBackground Investigation
CMContract Manager
CORContracting Officer Representative
DADepartment of the Army
DD254Department of Defense Contract Security Classification Specification
DFARSDefense Federal Acquisition Regulation Supplement
DoDDepartment of Defense
DSCADefense Counterintelligence and Security Agency
FARFederal Acquisition Regulation
GFP/M/E/SGovernment Furnished Property/Material/Equipment/Services
HQDAHeadquarters, Department of the Army
HSPDHomeland Security Presidential Directive
IAInformation Assurance
ISInformation System(s)
KOContracting Officer
LAARNGLouisiana Army National Guard
MSRMonthly Status Report
NGBNational Guard Bureau
NASBANational Alliance of State Broadcasters Associations NCSANon-Commercial Sustaining Announcements
NGRNational Guard Regulations
OCIOrganizational Conflict of Interest
PIIPersonally Identifiable Information
PIPOPhase In/Phase Out
POCPoint of Contact
PRSPerformance Requirements Summary
PWSPerformance Work Statement
QAQuality Assurance
QASPQuality Assurance Surveillance Plan
QCQuality Control
QCPQuality Control Program
SBAState Broadcasters Associations
SCRService Contract Reporting
SRSCStrength Support Readiness Center SSNSocial Security Number
TETechnical Exhibit
USD(I)Under Secretary of Defense for Intelligence

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Materials: The Government will provide, incidental to services being provided, the following: (1) National Guard Regulations (NGR) 601-1; (2) ARNG Style Guide/Graphic Standards (“Style Guide”); (3) Electronic Roster of LAARNG Recruiting and Retention Battalion (RRB) and State contacts; (4) Louisiana Army National Guard-specific trademarked logos (5) Marketing Non-commissioned Officer contact roster and (6) all pre-recorded 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: The Contractor shall perform the following tasks:

5.1 This contract is to provide the Army National Guard (ARNG) the ability to advertise at the State and local level using both: (1) Public Service Advertising (PSA); and (2) a hybrid between PSA and paid advertising called Non-Commercial Sustaining Announcements (NCSA) Program or Public Education Partnership (PEP) Program. The primary objective is to reach the ARNG target demographic of 17-24 year-olds, then 25-35 year-olds.

5.2 The Contractor shall comply with: (1) ARNG Style Guide/Graphic Standards (“Style Guide”), and (2) Electronic and Information Technology Accessibility Standards (Section 508) which is viewable online http://www.access-board.gov/guidelines-and- standards/communications-and-it/about-the-section-508-standards/section-508-standards. This Style Guide will provide all ARNG Approved Logo(s).

5.3 The contractor is responsible for distributing the NCSA/PEP Announcements to all member and non-member commercial radio and television broadcast stations within the State. The participating stations voluntarily donate air time and related services; station participation in its NCSA/PEP Program is voluntary; experience should demonstrate that vendor and its NCSA/PEP Program generally affords statewide coverage of NCSA/PEP Announcements over radio and television broadcast stations within the State.

5.4 The Contractor shall publish monthly and quarterly reports and an annual summary that demonstrates radio and TV key performance indicators using local affidavits from stations, Nielsen reporting metrics, and any other viable program that will provide source documents illustrating ROI.

5.4.1 Monthly Status Report (MSR). The Contractor shall publish a summary of all tasks undertaken during the previous month and any specified tasks identified in the PWS into a MSR. The written report shall be submitted monthly, no later than the last Friday of each month, to the COR and PM no later than the end of every following month via electronic submission (email). A sample of the MSR shall be submitted to the COR and PM for review and approval within seven (7) business days after award. The MSR shall, at a minimum, consist of the following: (1) a section breaking down monthly activities; (2) a detail of tasks accomplished performance standard and task; (3) deliverables completed; (4) critical actions/issues; (5) problems/issues encountered; (6) program recommendations; (7) breakdown of spots aired by Designated Marketing Area (DMA); (8) list of digital media placement (as applicable); (9) any tasks referencing the MSR below.

5.4.1.1 The Contractor shall project and track performance metrics, and conduct campaign analysis via the NCSA Monthly Performance Tracking Report. The Contractor shall propose, then adhere to the performance metrics in their proposal optimizing the Government’s ability to obtain the best ROI. The Performance Tracking Report shall include, at a minimum the following: (1) Total investment from stations; (2) Length of advertisements; (3) Total ROI for Louisiana and DMA based on time and dates of plays (4) Total Dollar value received had the Government purchase the individual commercial; (5) percentage of advertisements on radio; (6) and percentage of advertisements on television. Any additional information in the Performance Tracking Report shall be incorporated from the Contractor’s proposal. The Monthly Performance Tracking Report shall be provided to the COR as an attachment to the MSR.

5.4.1.2 The Contractor shall analyze Monthly Reports and verify station affidavits of airtime. The Contractor shall provide the Government with access (e.g. password) to any tracking system they utilize. The Contractor shall propose the type(s) of third-party media tracking tools in their proposal. The Contractor shall provide a NCSA Television Frequency Breakdown Report analyzing NCSA program performance and calculate metrics including: (1) the name of commercials aired; (2) the date (to include the day of the week) and exact times the commercial aired; (3) the name of the commercial which aired, (4) Designated Market Area (DMA), (5) the Station where the commercial aired (6) the Network where the commercial aired; (7) the Daypart the commercial aired, and (8) Daypart Percentages. The NCSA Television Frequency Breakdown Report shall be provided to the COR as an attachment to the MSR.

5.4.1.3 The Contractor shall maintain a Contact Log Report of all broadcasting (radio/TV) Media Providers contact information including: (1) station name; (2) point of contact name; (3) email addresses; (4) phone numbers; (5) fax number; and (6) street addresses (for deliveries). The Contractor will provide Contact Log Report as an attachment to the MSR. All monthly changes will be indicated in the body of the email and highlighted in yellow on the roster.

5.4.2 Quarterly Report. Quarterly reports will be submitted the second Friday of the following month of every quarter, with the exception of the last quarter if the option year is not exercised. The last quarterly report will be submitted NLT the last day of the contract. The quarter will run through the contract year, as follows: 1st Quarter: December – February, 2nd Quarter: March – May, 3rd Quarter: June - August, 4th Quarter: September – November. The report will contain the following information for radio and TV broadcasting: Parish, Area/Station, Approximate Value, total number of PEP spots played, PEP spots played by each month, with approximate value for each month per station (see Technical Exhibit 4). These reports will be submitted to the COR and PM.

5.4.3 Annual Summary. Annual summary will be submitted no later than the last day of the contract of the contract year. It will contain the following information for radio and TV broadcasting: Map of radio/TV station outreach with DMA, (with population significant enough to survey), Total airtime donated for Radio and TV, breakdown of reach by reportable DMA (Top Radio Stations with highest 18-24 listenership, format, owner, and unduplicated weekly reach), consolidated donated airtime / donated advertising dollars by primary DMA for TV and Radio (see Technical Exhibit 5). The reports will be submitted to the COR and PM.

5.5 The Contractor shall use only Louisiana Army National Guard specific trademarked logos. The Government will also make available the current video/photo library, a library containing approved creative pictures, banners, electronic imagery, and videos for Contractor use. The COR/PM will provide access to current site library at the Post-Award Meeting. The library is managed by the Government. All Contractor created advertising shall be approved by the COR/PM prior to any posting. All Contractor approved imagery and videos shall be uploaded to the library by the Contractor on a monthly basis. All advertising and content produced and using the National Guard trademarked logos shall be the property of the LAARNG.

5.6 The Contractor shall ensure “WWW.LANG-RECRUITING.COM”, “NATIONALGUARD.COM/LA” and/or “1-800-GO-GUARD” is advertised on all advertising placements. All digital advertisements will have an embedded hyperlink to www.lang-recuiting.com/LAB or www.nationalguard.com/la. The Contractor shall also use specialized embedded hyperlinks to specific pages within www.lang-recuiting.com/LAB or nationalguard.com. An example is: a “campaign” to target college-bound high school students who seek information on college tuition would be sent to https://lang-recruiting.com/college or http://www.nationalguard.com/college instead of the NationalGuard.com home page. Specialized embedded hyperlinks will be part of CIDs for tracking ROI. Each NCSA/PEP announcement shall be encoded with Nielsen tracking code(s).

5.7 The Contractor shall distribute announcements or spots in different languages (English and Spanish). The contractor shall confirm any additional announcements/materials requested meet contractual requirements.

5.8 The contractor shall use such efforts, as are usual and customary for its previous Guard NCSA/PEP Programs, to achieve statewide coverage of the Louisiana Army National Guard NCSA/PEP Announcements. The Association, at no additional cost to the Louisiana Army National Guard, shall promote to its membership the program’s importance, as well as distribute the Louisiana Army National Guard NCSA/PEP Announcements to all commercial broadcast stations within the State for airing under the NCSA/PEP Program at times of day which each participating station believes will be reasonably effective and also, in the case of television during the period(s) set forth in Technical Exhibit 3 hereto, on the condition that the NCSA/PEP Announcements are delivered to the contractor on a timely basis using state-of-the-art technology that delivers the spots in broadcast quality, e.g., mp4 or FTP sites for download, as specified in Technical Exhibit 3.

5.9 The LAARNG RRB acknowledges and agrees that the decision of a station to air or not air the Louisiana Army National Guard NCSA/PEP Announcements belongs solely to the station and that therefore the airing of the Louisiana Army National Guard NCSA/PEP Announcements may be suspended or terminated by the station at any time for any reason. 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 Louisiana Army National Guard NCSA/PEP Announcements to be aired over the stations then participating in this NCSA/PEP Program. The term “ failure of performance” shall mean (i) a failure to achieve a value ratio of at least eight (8) to one (1) in combined television and radio broadcast airings of the Louisiana Army National Guard NCSA/PEP Announcements, measured over the term of the contract and/or (ii) a failure to meet the total broadcast airings of the Louisiana Army National Guard NCSA/PEP Announcements as specified in Television Station Broadcast Schedule set forth in Technical Exhibit 3 unless either type of failure (a) reflects the good faith belief by the contractor and/or the stations that the Louisiana Army National Guard NCSA/PEP Announcements raise a significant concern under any of the LAARNG RRB representations, warranties or covenants set forth in this contract; (b) the LAARNG RRB failed to provide the Association with the NCSA/PEP Announcements on a timely basis using state-of-the-art technology that delivers the spots in broadcast quality in sufficiently varied spot lengths, or (c) the LAARNG RRB failed to timely inform the contractor in writing of any underperformance trends based on Nielsen data that should be addressed by the contractor.

5.10 Nothing in this contract shall prevent the contractor from communicating with a station with respect to the subject matter of this agreement. The parties mutually acknowledge and agree that: (i) the contractor is very concerned about its ability to achieve the performance metrics set forth in paragraph 5.9 and / or Technical Exhibit 3 because of at least these factors: (a) the NCSA/PEP Program relies solely on the voluntary willingness of the broadcast stations to air the Louisiana Army National Guard’s NCSA/PEP Announcements with the frequency and within the television dayparts sought by the Louisiana Army National Guard, which television dayparts may or may not be within the “spot placement” control of a station, e.g., network programming, and (b) placement of the Louisiana Army National Guard’s NCSA/PEP Announcements will have to compete for airtime and television spot positioning with both commercially purchased spots and other types of spots, and such competition is particularly fierce in the run-up to Federal, State and local elections; (ii) it is the Agency’s understanding that the performance metrics set forth in paragraph 5.9 and / or Technical Exhibit 3 (the “Performance Metrics”) reflect the number of television spots aired by the Louisiana Association of Broadcasting from October 2020- September 2021; however, it is not known how the Army National Guard arrived at the Association’s DMA Performance Metrics, and thus the contractor shall exercise reasonable efforts to ascertain the methodologies and databases that the Army National Guard used to formulate the Performance Metrics and, as soon as they are made available to the Agency, the Agency shall provide such information to the contractor.

5.11 The contractor, within its usual and customary efforts to promote this NCSA/PEP Program to its stations, will coordinate and conduct a “Recruiting Road Show”. This road show, or “tour”, will be a center of influence development campaign conducted during the summer, with a representative of the contractor acting as a liaison between the LAARNG, the company, and at least 150 radio and 45 TV stations. The tour will provide direct face-to-face time with radio and television stations, allowing for engagement opportunity for members of the LAARNG RRB, to include Recruiters, to further the promotion efforts throughout the State. Dates for the tour will be established annually, no later than 1 May each year.

5.12 The Contractor shall work with the Government (LAARNG and SRSC) to 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 and each station participating under this NCSA/PEP Program 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 Louisiana Army National Guard NCSA/PEP Announcement, or to allow the retransmission of the Louisiana Army National Guard NCSA/PEP Announcement, 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 including, but not limited to, “streaming” within the terms of this Agreement; and (b) that no Louisiana Army National Guard 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. The contractor further represents and covenants that each Louisiana Army National Guard NCSA/PEP Announcement will contain (x) the closed captioning of the verbal contents of the announcements as required by Section 711 of the Act and (y) the sponsorship identification tag required by the FCC’s Rules and such tag shall be in a format that is understandable/readable to the average listener/viewer. The contractor and the LAARNG RRB acknowledge and agree that the following tag, which shall be included on all Louisiana Army National Guard NCSA/PEP Announcements, complies with Section 73.1212 of the FCC’s Rules: “Sponsored by the Louisiana Army National Guard, aired by the contractors name and this Station.” The contractor shall cause the radio tag to be aural and the television tag to be at least visual.

5.13 The Louisiana Army National Guard acknowledges no objection to any station participating in this NCSA/PEP Program now or in the future broadcasting or retransmitting the Louisiana Army National Guard NCSA/PEP Announcements, or allowing the retransmission of the State Army National Guard 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, and that the Louisiana Army National Guard hereby grants irrevocably for the term of the contract any and all permissions and licenses necessary or appropriate for such broadcasts and retransmissions including, but not limited to, “streaming” by participating stations without any past, present or future fee, cost, expense or liability either to the contractor or to any such stations in connection with such broadcasts and retransmissions including, but not limited to, “streaming.”

5.14 The Contractor shall provide usage arrangements for NCSA and PSA In-home materials to be allowed for web-streaming after Government verifies in writing that all Government-created spots use talent approved for web-streaming. The Contractor shall indicate in the traffic instructions which materials being provided to the SBAs and PSA In-home Media Providers are suitable for web streaming. All web-streaming creative materials shall use the ROI Tracking tool (see also Section 5.4).

5.15 The Contractor shall ensure that: DMA plays and prime time and late evening plays are met as stated in Technical Exhibit 3.

5.16 Upon request, the Contractor shall provide access to a brick and mortar conference area to conduct training, meetings, or boards in the Lafayette or Baton Rouge area. The LAARNG RRB will submit a request no later than two weeks prior to the scheduled event to ensure availability.

5.17 The contractor will provide access to training webinars/seminars as they relate to sales, branding, and communication skills.

5.18 The Contractor may make recommendations to the COR for improvements to the NCSA Program.

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

Publication (Chapter/Page)

Date of Publication
Mandatory or Advisory
Website

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

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

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

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

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

DoDM 5200.2 Procedures for the DoD Personnel Security Program (PSP)
04/03/2017

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

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

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

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

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

DoDD 8140.01 Cyberspace Workforce Management

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

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

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

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

DD 441

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

DD 250

Material Inspection and Receiving Report Aug 2000 https://www.esd.whs.mil/Directives/forms/dd0001_0499/

NGR 601-1

Army National Guard Strength Maintenance Program Jan 2019 chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.ngbpmc.ng.mil/Portals/27/Publications/ngr/ngr%20601-1.pdf?ver=2018-09-07-082541-673

2019 Army National Guard Branding Guidelines
Jan 2019

https://www.nationalguard.mil/Portals/31/Images/Image%20Gallery/Graphics/ARNG%20Marketing%20Logo/ARNG%20Branding%20Style%20Guidelines.pdf

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).

Performance Objective
Performance Standard
Acceptable Quality Levels (AQL)
Surveillance Method / By Whom
5.4
The Contractor shall publish a Monthly Status Report (MSR).

Contractor shall submit a sample MSR at the post-award meeting.

The written report shall be submitted monthly to the COR/ PM no later than the last Friday of the following month via email.

The contractor must include the additional data as stated in PWS Paragraph 5.4.1.1-5.4.1.3 as an attachment to the MSR. The MSR must be submitted timely and must be accurate 98% of the time.

The Contractor shall comply 98% of the time.
COR will conduct periodic reviews.
5.9
Achieve a value ratio of at least eight (8) to one (1) in combined television and radio broadcast airings of the Louisiana Army National Guard NCSA/PEP Announcements, measured over the term of the contract
The Contractor shall comply 99% of the time.
COR will shall conduct annual review.
5.11
The contractor, within its usual and customary efforts to promote this NCSA/PEP Program to its stations, will coordinate and conduct a “Recruiting Road Show”.
The Contractor shall comply 100% of the time.
COR will shall conduct annual review.
5.16
The Contractor shall ensure that: statewide play totals, DMA plays and prime time and late evening plays are met as stated in Technical Exhibit 3.
The Contractor must be in compliance 98% of the time.
COR/PM will review quarterly.

TECHNICAL EXHIBIT 2

Deliverables Schedule

PWS Reference / Deliverable Title
Frequency
Number of Copies
Medium/Format
Submit To
5.4.1 The Contractor shall publish a Monthly Status Report (MSR).
Monthly (last Friday of each month)
1
Electronic Submission
COR/PM
5.4.1 A sample of the MSR shall be submitted to the COR and PM.
Annual (7 business days after award)
1
Electronic Submission
COR/PM
5.4.2 Quarterly Report
Quarterly (second Friday of the following month of every quarter).
1
Electronic Submission
COR/PM
5.4.3 Annual Summary
Annually (last day of the contract year).
1
Electronic Submission
COR/PM

TECHNICAL EXHIBIT 3

Television Station Broadcast Schedule

Contractor is required to meet the following performance metrics, at a minimum. The performance metrics outlined below for the state and its primary designated market areas (DMA).

The term “PT” means “Prime Time” running from 8:00:00PM to 9:59:59PM local time in the applicable DMA. The term “LE” means “Late Evening” running from 10:00:00PM to 12:59:59 local time in the applicable DMA.

12/1/2022 – 11/30/2023

All Dayparts
62,246
PT and LE Only (30% of all Dayparts)
18,674

Total TV Spot Airings by DMA (All Dayparts):

DMA:

12/1/2022 – 11/30/2023

New Orleans

9,480

Shreveport

11,698

Baton Rouge

10,200

Lafayette, LA

10,200

Monroe-El Dorado

4,588

Lake Charles

3,480

Alexandria, LA

12,600

TECHNICAL EXHIBIT 4

Monthly Report Example

TECHNICAL EXHIBIT 5

Annual Summary Example

Ver. June 2021 image1.png image2.png image3.png image4.png image5.png image6.png

File details come from the government source that posted it. Updated .