W912J3-19-Q-0002_-_WEBSITE_AND_MOBILE_APP_SERVICE.pdf

SEE ADDENDUM

(No Collect Calls)

W912J319Q0002 12-Feb-2019

b. TELEPHONE NUMBER

505-407-3300, EXT 200581

8. OFFER DUE DATE/LOCAL TIME

09:00 AM 13 Mar 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912J39. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ODINI NIKOLAI RIVERA RAMOS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011304164

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USPFO FOR NEW MEXICO

47 BATAAN BLVD

SANTA FE NM 87508-4695

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W90XT4 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W90XT4 -RECRUITING AND RETENTION

ODINI NIKOLAI RAMOS

47 BATAAN BLVD.

SANTA FE NM 87508

TEL: (505)407-3300 EXT 200581 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

519130

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF64

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912J319Q0002

Section SF 1449 - CONTINUATION SHEET

INSTRUCTION TO VENDOR

Question Due Date: 26 February 2019 at 09:00 MST Response Due Date: 13 March 2019 at 09:00 MST Primary Point of contact: Odini Nikolai Ramos Send your question and or quote via EMAIL (odininikolai.r.ramos.civ@mail.mil) Phone Number: (505)407-3300 ext 200581

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

NEW MEXICO ARMY NATIONAL GUARD

RECRUITING & RETENTION BATTALION

MULTIMEDIA MARKETING

1. INTRODUCTION: The New Mexico Army National Guard (“NMARNG”) desires to purchase multimedia marketing services for the Recruiting and Retention Battalion (“RRBN”). This Performance of Work Statement (“PWS”) is intended to define requirements and expectations for the performance of any work pursuant to this agreement or potential agreement. Any further reference under this PWS to “Contractor” shall be construed to refer to both the selected source and any of its authorized affiliate(s) acting in their capacities as Contractors or Vendors pursuant to this document. The Service Contract Act (SCA) is applicable and the current wage determination is provided.

2. BACKGROUND: RRBN has the authority to purchase advertisements in any medium and other marketing services in order to advance its recruiting mission. On or about 13 September 2018, RRBN provided a written proposal to responsible persons within the National Guard Bureau (“NGB”) soliciting funds for the express purpose of procuring multimedia marketing services (see enclosure provided with this PWS). NGB accepted the proposal, providing funding on or about 16 January 2019.

3. SCOPE OF WORK: The Contractor shall furnish multimedia marketing services as described herein. The Contractor shall designate a primary Point of Contact (POC) and an alternate POC who will be available for contact during normal business hours. Any and all Contractor personnel used in conjunction with provision of these advertising services shall be and shall at all times remain employees or independent contractors of the Contractor and do not become employees or independent contractors of the NMARNG or the Government solely by virtue of their participation in this PWS or by engaging in performance of the activities or services described herein. In addition, Contractor personnel are prohibited from management of NMARNG or Government personnel and resources. The Contractor shall provide services as set forth in this PWS for a period of 365 days or one year following the effective date of contract award (the “period of performance”). All multimedia marketing products, deliverables, and services shall be provided in full at an acceptable quality level and available for both NMARNG and public viewing and use within 60 days of the effective date of contract award.

4. RESPONSIBILITIES OF THE CONTRACTOR.

4.1. COMPLIANCE A CONTRACTOR RESPONSIBILITY: The Contractor shall comply with all applicable federal, state, local, and municipal laws, regulations, requirements, and industry standards as applicable to the performance of the PWS. Furthermore, Contractor shall be solely responsible for the appropriate and lawful use of any and all intellectual property used, created, licensed, or included in the products, deliverables, or services provided pursuant to this PWS.

4.2. NO ENDORSEMENT EXPRESS OR IMPLIED: Display of any media or advertising featuring the NMARNG and its associated intellectual property does not constitute an endorsement of Contractor or its affiliates.

By entering into this agreement, Contractor warrants and represents its understanding NMARNG makes no endorsement, express or implied, of the products and services of the Contractor and its affiliates. Contractor further warrants and represents it will not use NMARNG intellectual property in such a way as to create the appearance

NMARNG or the Government endorses the Contractor, to include its products and services. Contractor is not authorized to use, in whole or in part, any work created under this PWS as a portfolio, advertisement, solicitation, or proposal to other customers or potential customers.

4.3. LIMITED LICENSE TO USE NMARNG INTELLECTUAL PROPERTY: Performance under this PWS creates a limited and revocable license for Contractor to use or display NMARNG intellectual property in the manner defined by the PWS and any agreement arising from the PWS. NMARNG intellectual property does not become Contractor intellectual property solely by its use pursuant to this limited license. NMARNG’s express written approval is required for any use of NMARNG intellectual property in a manner not provided by this PWS.

The duration of this license shall not exceed the period of performance defined under this PWS.

4.4. CONTRACT DELIVERABLES: Contractor shall provide multimedia marketing services consisting of a multimedia-based or focused website with custom media, a smartphone application, targeted personal communications, social media integration, search engine optimization, and the ongoing service or maintenance of all products, deliverables, and services for the duration of the period of performance. All multimedia marketing products, deliverables, and services shall be provided in full at an acceptable quality level and available for both NMARNG and public viewing and use within 60 days of the effective date of contract award. All multimedia marketing products, deliverables, and services provided shall be provided with the intent or purpose of inducing qualified persons to join the New Mexico Army National Guard. “Multimedia marketing services” shall consist, at minimum, of the following products, deliverables, and services:

4.4.1. Initial Consultation or Interview. Contractor’s representatives shall meet with, consult with, or interview NMARNG representatives no later than 10 days following the effective date of contract award for the purpose of understanding NMARNG’s recruitment needs and understanding NMARNG’s desired recruitment candidates.

Contractor warrants and represents the results of this consultation or interview and the needs or desires expressed by NMARNG representatives shall form the basis of the specific nature of the multimedia marketing services provided pursuant to this PWS. Contractor shall warrant its subject matter expertise in the areas of multimedia marketing design, targeted personal communications, and organizational or corporate recruitment.

4.4.2. Recruitment Website. Contractor shall design, create, implement, host, and maintain a unique, custom New Mexico Army National Guard recruitment website. Contractor’s responsibilities pursuant to this section shall be further defined as follows:

4.4.2.1. Design. Contractor shall originate and propose the overall appearance or aesthetic of the website in accordance with current industry standards and design principles, to include any proposed graphics, images, multimedia files, videos, motion pictures, music, text, writings, color scheme, logo, narration, or any other website element. Acceptance of a final design shall rest with the NMARNG. Any proposed design shall be graphically-based and multimedia-focused, consisting of multiple graphic and video or motion picture elements in any such quantity and of any such length as is necessary to fully and effectively portray the benefits of service in the NMARNG to qualified potential applicants. Any proposed design shall also incorporate a method to collect recruitment information from website users in compliance with any privacy or data retention laws or regulations as may be applicable, and shall employ industry-standard security or data protection measures as further defined in Paragraph 9.

4.4.2.2. Create. Contractor shall construct or make a website in accordance with a final design expressly approved by the NMARNG, which includes NMARNG’s express approval of all design elements. Contractor shall perform all work necessary to create or otherwise effectuate the agreed website design including, but not limited to, coding, scripting, database creation or maintenance, graphic design, copy writing, video or motion picture production, video or motion picture editing, narration, and composition. Custom videos or motion pictures featuring the personnel and activities of the NMARNG shall be part of and featured on the website, and Contractor shall bear all motion picture and other production costs and responsibilities. Responsibilities of motion picture production include, but are not limited to, selecting filming locations, drafting or providing advice concerning any motion picture script or storyboard, conducting videography or filming, conducting video or film editing, producing any graphics, animations, or effects as may be required, and digitizing or otherwise converting any videos or films produced into a format acceptable for Internet-based display or viewing. All creation and production of any website content, website elements, or other media shall be in accordance with accepted industry standards and practices for web design, motion picture production, or other industry standard as applicable.

4.4.2.3. Implement. Contractor shall publish or display the website in a manner viewable or retrievable by any Internet-accessible device capable of running any modern Internet browser software, especially mobile devices using either the iOS or Android operating systems, and personal computing devices using the Windows, Mac, Chrome, and Linux operating systems. The website shall be viewable and operable on all modern Internet browsers including, but not limited to, Chrome, Safari, Firefox, UC Browser, Opera, Internet Explorer, and Edge. The website shall be specifically optimized for viewing on mobile device platforms.

4.4.2.4. Host. Contractor shall host the website on a computer server or servers as necessary to enable public viewing or display of the website through the Internet. Contractor may utilize a third-party website hosting service.

Contractor shall register a domain name acceptable to the NMARNG through an appropriate domain name registrar.

Contractor shall bear all costs and expenses associated with hosting or domain name registration. NMARNG retains the rights to any domain name registered on its behalf. Contractor shall ensure any host allows sufficient bandwidth or data usage for constant viewing of the website at an acceptable quality level. Contractor may host multimedia content on third-party hosting services (such as YouTube), provided Contractor is compliant with any acceptable use policy of that service.

4.4.2.5. Maintain. Contractor shall perform all maintenance necessary to ensure the website, to include its substantive elements (such as videos), is at all times available for public viewing or display at an acceptable quality level. Unless website downtime or unavailability is expressly authorized by the NMARNG or its designated representative, “all times” shall be construed to mean 24 hour per day, 7 day per week, 365 day per year availability following substantive delivery of the website and any related deliverables, products, or services. In the event of any requirement for downtime exceeding one (1) hour in any 24-hour period, Contractor shall contact NMARNG or its authorized representative and obtain express authorization for any downtime or unavailability. Additionally, Contractor shall within 72 hours resolve or repair all reported or discovered technical issues. Contractor shall conduct its own periodic inspections to ensure an acceptable quality level. Contractor shall maintain website technical compatibility with any updates to technology that occur during the period of performance including, but not limited to, browser or operating system software updates. Any and all maintenance performed pursuant to this PWS shall be of any quantity or extent needed to ensure the availability of any products, deliverables, or services created pursuant to this PWS. Any and all maintenance performed pursuant to this PWS shall be at no additional cost to the Government.

4.4.3. Smartphone Application. Contractor shall design, create, implement, distribute, and maintain a New Mexico Army National Guard recruitment smartphone application that shall enable or facilitate the viewing of the aforementioned website or its substantive elements, as well as enable the collection of individual recruitment information from actual users of the smartphone application. For the purposes of this PWS, a “smartphone application” shall be interpreted as a discreet computer program designed to run on both iOS and Android-based smartphones and distributed through appropriate means respective to each platform, such as the Apple “App Store,” Google “Play,” and similar digital distribution platforms. Under no circumstances shall actual or potential users of the smartphone application be charged or assessed any fee. In addition, the smartphone application shall include a means to enable user-initiated real-time communications with authorized and designated NMARNG recruiters.

Contractor shall provide instruction and technical support to NMARNG personnel as required to ensure their effective use of the smartphone application.

4.4.4. Targeted Personal Communications. Using personal information voluntarily obtained from potential applicants, Contractor shall periodically send communications on NMARNG’s behalf to potential applicants using a potential applicant’s desired communication method or methods (e.g. e-mail, phone, text message). Contractor shall employ industry-standard technology to assess potential applicants’ reactions to any communications for the purpose of conducting targeted personal communications, targeted advertising, or targeted marketing. NMARNG shall retain control over the specific nature, content, and frequency of all targeted personal communications. Additional services provided pursuant to this section shall include, but are not limited to, communication using a variety of communication methods, using those communications for recruitment purposes, using timed communications to alert applicants to important application dates or deadlines, and providing targeted communications based on NMARNG-desired demographic information, if any.

4.4.5. Social Media Integration. Contractor shall provide tools, methods, and resources for NMARNG to implement any deliverables, products, or services provided under this PWS with NMARNG’s existing social media recruitment efforts. Examples of social media integration include, but are not limited to, linking Contractor’s products (such as the website or smartphone application) to existing NMARNG social media accounts, developing advertisements for display on NMARNG social media in line with the overall purpose of this PWS, and using data obtained from targeted personal communications to conduct more effective social media outreach.

4.4.6. Search Engine Optimization (SEO) and Analytics. Contractor shall conduct Search Engine Optimization (SEO) in accordance with lawful and accepted industry practices for the purpose of enhancing the visibility of any recruitment website. Contractor shall improve website search results on all major search engines including, but not limited to, Google, Yahoo!, Bing, and DuckDuckGo. Contractor shall use all reasonable and lawful methods of enhancing search engine results including, but not limited to, using appropriate key words in visible website copy, using appropriate titles, using meta tags, cross-linking website pages, and purchasing improved search results from major search engines. NMARNG shall retain control over and shall approve any key words used in connection with its website. In addition, Contractor shall maintain website and smartphone application usage or access data and analyze any collected data for the purpose of conducting market research, measuring return on investment, and assessing or improving the effectiveness of the provided website and smartphone application. Contractor shall periodically make available to the NMARNG all data collected and any analysis conducted at a frequency of not less than once per month. Contractor should aggregate any data collected and provide any report or analysis in a format understandable by persons with limited technical or marketing training and expertise.

4.4.7. Follow-Up Consultation or Interview. No later than 70 days following the effective date of contract award, or no later than 10 days following the provision of all multimedia marketing products, deliverables, and services (whichever is earlier), Contractor’s representatives shall meet with, consult with, or interview NMARNG representatives for the purpose of ensuring the satisfactory delivery of all promised products, deliverables, and services.

4.4.8. Adjustment of Products, Deliverables, and Services to NMARNG’s Satisfaction. Contractor shall adjust, modify, or change any products, deliverables, or services provided under this PWS to the NMARNG’s satisfaction for the duration of the period of performance, in order to ensure Contractor’s products, deliverables, and services are continually meeting the recruitment goals of the NMARNG. Any and all adjustment shall be included in the cost of any bid, and any requested adjustment shall be done at no additional cost to the Government. Notwithstanding the above, the NMARNG warrants and represents it shall not, during the period of performance, require adjustment of products, deliverables, and services of such an extent as to constitute a completely or substantially new or different product, deliverable, or service, once acceptable products, deliverables, or services have been initially provided and accepted by the NMARNG.

4.5. PROOF OF COMPLIANCE A CONTRACTOR RESPONSIBILITY: The Contractor shall draft on a monthly basis a written summary of all tasks undertaken pursuant to this PWS and the current status and effectiveness of any products, deliverables, or services provided under this PWS. The written report shall be submitted monthly by email to CPT Brendon Hischar (brendon.j.hischar.mil@mail.mil) no later than the 5th day of each month, effective in the month following the effective date of any contract implemented pursuant to this PWS.

Contractor shall promptly and specifically identify any services not being provided in full and a reason why the services are not being provided, if any.

4.6. REQUIREMENT FOR SUFFICIENT LOCAL CONTACTS: Contractor shall maintain local contacts within the state of New Mexico sufficient to accomplish any and all Contractor obligations, duties, and requirements as described in this PWS. The NMARNG RRBN is located entirely within the state of New Mexico with its significant office locations in the cities of Albuquerque and Santa Fe. Certain provisions of this PWS, such as requirements for an initial and follow-up consultation or interview (see PWS 4.4.1. and PWS 4.4.7.), creation or production of motion pictures or videos (see PWS 4.4.2.2.), and provision of smartphone application instruction (see PWS 4.4.3.) require the physical, in-person appearance of Contractor or Contractor’s agents, representatives, or assigns at the NMARNG RRBN’s significant office locations. While this section of the PWS should not be construed to require the relocation of any Contractor employee, asset, real or moveable property, or office, it does require Contractor maintain sufficient local contacts, through travel if necessary, in and around the Albuquerque or Santa Fe area in order to accomplish the purposes of this PWS. Complete performance of this entire PWS without Contractor’s or Contractor’s representatives’ periodic appearance in the state of New Mexico, in the cities of Albuquerque or Santa Fe, is unacceptable.

4.7. OTHER CONTRACTOR PROVISIONS:

4.7.1. The Contractor shall coordinate with NMARNG RRBN personnel prior to the initiation of any services under this agreement for the purpose of allowing NMARNG RRBN representatives input into the time, place, and manner of the provision of any products, deliverables, or services.

4.7.2. The Contractor shall neither authorize nor provide any services not authorized by this PWS without the express written agreement of the USPFO P&C Contracting Officer.

5. RESPONSIBILITIES OF THE NMARNG: The NMARNG shall provide the Contractor any information required to implement effective multimedia marketing services, including, but not limited to, information about the NMARNG as an organization, its goals or mission, its recruitment strategy, its desired applicants or employment candidates, and any other unclassified, non-sensitive, non-protected, and non-privileged information required to effectuate the purposes of this agreement and derive maximum effectiveness from any contracted services. The NMARNG shall provide or make available certain facilities, equipment, and personnel for appearance in media, motion picture, or video products, where the provision of such items are necessary to effectuate the purposes of the agreement and are not otherwise an enumerated responsibility of the Contractor. The NMARNG shall review and approve all Contractor work and work product, where required. The NMARNG shall provide persons, equipment, and shooting locations for the production of motion pictures or videos as necessary to effectuate the purposes of the agreement. The NMARNG shall provide, incident to services being performed, the following: (1) specific artwork or graphics that Contractor has not been explicitly or implicitly commissioned to produce (e.g. existing organizational artwork, graphics, or logos in use by the NMARNG) and (2) any other documents, materials, media, or access required to effectuate the purposes of this PWS. Any graphics, badges, logos, media, or similar provided under this PWS shall be referred to collectively as “NMARNG intellectual property” and shall be subject to the limited license and other restrictions provided for herein. The Contractor shall provide all other property, materials, equipment, and services set forth in this PWS.

6. NO REIMBURSEMENT OF TRAVEL OR OTHER EXPENSES: Neither the NMARNG nor the Contractor will reimburse either respective party for any travel or other expenses incurred by either organization’s respective employees or contractors incurred for the purpose of fulfilling the requirements described herein. Any Contractor travel conducted pursuant to NMARNG rights and options reserved and exercised under this PWS shall be conducted at no additional cost to the Government beyond any agreed fixed contract price.

7. RIGHTS RESERVED BY THE NMARNG:

7.1. Rights Reserved. The NMARNG, to include the RRBN, reserves the right to direct the time, place, and manner of any display of NMARNG intellectual property, multimedia materials, or advertisements within the requirements described herein. The NMARNG RRBN shall be the approval authority for all multimedia materials or advertisements containing NMARNG intellectual property or created pursuant to the purposes of this PWS. Unless otherwise expressly stated herein, the NMARNG RRBN reserves the right to determine “acceptable quality” and retains the authority to approve or disapprove any creative or content proposals of the Contractor, including, but not limited to, the appearance of any products or deliverables, the substantive content of any products or deliverables, the message or tone of any products or deliverables, or the actual or perceived user experience in using or interacting with any multimedia marketing deliverables, products, or services.

7.2. Property Rights Reserved. The NMARNG, to include the RRBN, retains the unlimited property rights, to include the intellectual property rights, to any products, deliverables, services, works, and work product created pursuant to this PWS. Examples of products to which the NMARNG retains unlimited property rights include, but are not limited to, any videos, motion pictures, animations, graphics, written copy, or narrations created pursuant to this PWS. Notwithstanding the above, NMARNG does not claim or retain dominion or right over any Contractor-created, proprietary, or third-party work or work-product created prior to or independently of this PWS, such as any proprietary computer code, standard graphics, or design templates. In the event of contract termination, to include its natural expiration, Contractor shall dispossess itself of any products, deliverables, services, works, and work product created pursuant to this PWS and surrender it or those to a representative of the NMARNG who shall later be designated for that purpose.

7.3. No Reservation of Rights Not Allowed By Law. Nothing in this PWS shall be construed to grant the Government or any agency thereof, to include the NMARNG, any greater property rights than it is otherwise entitled to assert under law. Nothing in this PWS shall be construed to prevent the Contractor from proposing or offering limited or restricted rights to its proprietary technical data or proprietary software. Nothing in this PWS shall be construed to require the disclosure of any Contractor or third-party technical data or proprietary software or computer code, unless such disclosure is necessary to effectuate the purposes of this PWS or any agreement arising from it. Notwithstanding the above, the Government, to include the NMARNG, shall retain unlimited rights in any computer software or computer code, or any portion thereof, developed pursuant to this PWS using Government-provided funds. Nothing in this PWS shall be construed to require or compel the disclosure of any trade secret.

Nothing in this PWS shall be construed to require or demand any Government or NMARNG claim on, right to, or ownership of any trademark or copyright existing at the time of inception of any agreement pursuant to this PWS.

Nothing in this PWS shall be construed to bind the Government, to include the NMARNG, to any terms or provisions not specifically enumerated in this PWS, to include any license terms of Contractor or third-party software. Contractor shall be responsible for identifying or marking any products, deliverables, or services, or portions thereof, provided with less than unlimited rights during both the pre-award and post-award portions of the bid process, to include any proposal. Nothing in this PWS shall be construed to modify or alter any requirement under law.

7.4. Right to Extend Any Agreement or “Option Clause.” The Government, to include the NMARNG, may extend the term of any contract or agreement arising pursuant to this PWS by providing written notice to the Contractor within 30 days of the expiration of any contract or agreement, provided the Government has first given Contractor preliminary written notice of its intent to extend at least 60 days before the contract or agreement expires. The preliminary written notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this or any contract, including the exercise of any options under this clause, shall not exceed 3 years.

8. WORK HOURS: The Contractor shall be responsible for setting the work hours of its employees and independent contractors in accordance with applicable law and its own policies. Contractor warrants and represents its understanding that any unanticipated employee expenses incurred in executing this PWS including, but not limited to, overtime hours or workers’ compensation claims, will be the sole responsibility of the Contractor and will not entitle the Contractor to additional compensation from the NMARNG or Government.

9. REQUIREMENT FOR SPECIAL PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION

(PII): The Contractor, to include its agents, employees, assigns, subsidiaries, and contractors or sub-contractors, shall protect all Personally Identifiable Information (PII) encountered or collected in the performance of services in accordance with DFARS 224.103 and DoDD 5400.11, Department of Defense Privacy Program, DoD 5400.11-R, the Privacy Act of 1974, Army Regulation 25-22, The Army Privacy Program, as well as any other applicable local, state, or federal privacy laws. Examples of PII include, but are not limited to, names, phone numbers, and physical addresses. If a PII breach results from the Contractor’s violation of the aforementioned policies or laws, the Contractor shall indemnify and hold harmless from liability the NMARNG and the Government relating to any claims from the Contractor’s PII breach, and the Contractor shall bear all notification costs, call-center support costs, credit monitoring service, court costs, damages, and all other costs for all individuals whose PII has been compromised. Contractor warrants and represents it shall employ industry-standard security and cybersecurity measures in connection with all products, deliverables, or services provided under this contract for the specific purpose of safeguarding both applicant or potential applicant and Government employee PII or other personal information from any unauthorized access or disclosure. Examples of security measures include, but are not limited to, use of password-protected access to PII or other personal information, use of encryption or encrypted communications, encryption of data-at-rest, use of antivirus software, use of firewall software, and use of “best practice” security measures as defined by the reasonable and prudent information technology or information security professional.

10. QUALITY ASSURANCE AND PERFORMANCE ASSESSMENT:

10.1. The Contractor shall develop and maintain an effective quality control program, subject to approval by the NMARNG, to ensure services are performed in accordance with the PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defects in the provision of any products, deliverables, or services pursuant to this PWS. The Contractors’ quality control program is the means by which the Contractor assures itself that the provided work complies with the requirement of the PWS. As a minimum, the Contractor shall develop quality control procedures that address the areas identified as responsibilities of the Contractor described in Section 4 of the PWS.

10.2. The NMARNG will evaluate the contractor’s performance under this contract in accordance with its Quality Assurance Surveillance Plan (QASP). This plan describes what the NMARNG must do to ensure that the Contractor has performed in accordance with performance standards. It defines how the performance standards identified in the PWS will be measured, the frequency of the surveillance, the maximum acceptable defect rate(s), and by whom surveillance will be conducted. Performance assessment or surveillance results may be used as the basis for actions against the Contractor including, but not limited to, contract rescission, withholding of certain payments, or declaring the Contractor in material breach of contract.

11. ACCEPTANCE AND SERVERABILITY: The terms contained in this PWS are subject to approval from the NMARNG Contracting Office with the concurrence of the NMARNG Office of the Staff Judge Advocate (OSJA), and other authorities as may be required by law or policy. No acceptance of these terms or of any offer can occur unless and until proper approval has been granted. If one portion, part, phrase, or clause of this PWS or any agreement arising from it is deemed illegal or otherwise unenforceable, then the remainder of the PWS or any agreement arising from it shall remain enforceable.

12. BILLING: The NMARNG is prohibited from paying for goods not yet actually received from or services not yet rendered by the Contractor. The Contractor therefore agrees to bill or invoice only as follows: (1) once following the satisfactory and timely delivery of all contract deliverables and products in an amount that reflects the cost of deliverables and products the NMARNG has actually received, (2) monthly as services are rendered. Under no circumstances shall the Contractor be entitled to receive the full value of contract prior to the conclusion of the period of performance. Contractor must use the Wide Area Work Flow (WAWF) system for all billing in a manner as other portions of the agreement arising pursuant to this PWS may direct.

QUALITY ASSURANCE PLAN

QUALITY ASSURANCE SURVEILLANCE PLAN

For RRBN Recruitment Marketing Services Contract Number: TBD

Contract Description: Contract for marketing, advertising, and administrative support Contractor’s name: TBD (hereinafter referred to as the “contractor”).

1. PURPOSE.

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

What will be monitored.

How monitoring will take place.

Who will conduct the monitoring.

How monitoring efforts and results will be documented.

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. In addition, the QASP should recognize that unforeseen and uncontrollable situations may occur.

This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Updates shall ensure that the QASP remains a valid, useful, and enforceable document. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

The following FAR clauses may apply depending on contract type:

52.246-4 Inspection of Services – Fixed-Price,

2. GOVERNMENT ROLES AND RESPONSIBILITIES.

The following personnel shall oversee and coordinate surveillance activities.

a. Contracting Officer (KO) - The KO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The KO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The KO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

Assigned KO: TBD

b. Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. At the conclusion of the contract or when requested by the KO, the COR shall provide documentation to the KO. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. The contractor shall refer any changes they deem may affect contract price, terms, or conditions to the KO for action.

COR: CPT Brendon Hischar Telephone: 505-660-4909, 505-313-9918 Email: brendon.j.hischar.mil@mail.mil

3. CONTRACTOR REPRESENTATIVES:

The following employees of the contractor serve as the contractor’s Program Manager and Task Manager for this contract.

Program Manager or Point of Contact: TBD Telephone: TBD Email: TBD

4. PERFORMANCE STANDARDS.

Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets, or does not meet these standards.

Contractor will be evaluated on its ability to complete the functions outlined in Paragraph 4 of the Performance Work Statement. The ability of Contractor to provide the products, deliverables, and services as defined in the PWS shall form the basis of the Government’s assessment of the contractor’s compliance with the PWS and this

QASP.

The Government shall use the above standard to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL). For the purposes of this QASP, the AQL for all tasks shall be defined as a basic ability of the contractor and its personnel to successfully perform assigned tasks within reasonable standards of time and quality. Because specific tasks may vary from circumstance to circumstance, the AQL is entirely subjective, and the final determination of whether the AQL has been met rests entirely with the Government and its representatives.

See Section 10 for specific measures.

5. METHODS OF QA SURVEILLANCE.

Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this QASP.

Regardless of the surveillance method, the COR shall always contact the Contractor's designated point of contact (POC) when a defect is identified and inform the POC of the specifics of the problem. The COR shall be responsible for monitoring the contractor’s performance in meeting AQL.

a. DIRECT OBSERVATION. Contractor’s work and work product, products, deliverables, and services shall be subject to observation by Government personnel to determine whether Contractor is meeting AQL.

b. PERIODIC INSPECTION. Contractor from time-to-time shall be subject to periodic inspection by the Government to determine whether Contractor is meeting AQL. Periodic inspection may include, but is not limited to, review of work product, requests for summary of Contractor activities, or interviews with Contractor agents, assigns, or representatives.

c. USER SURVEY. The Government may from time-to-time survey non-Government persons who use or interact with Contractor’s products, deliverables, and services to record their impressions and subjective experiences interacting with those products, deliverables, or services. Because public impressions are an important part of the Contractor-provided products, deliverables, or services as described in the PWS, the impressions and subjective experiences of members of the public may form the basis of the Government’s determination about whether the contractor is meeting AQL.

d. PROGRESS OR STATUS MEETINGS. The Government from time-to-time shall request the attendance of Contractor or its representatives at periodic progress or status meetings to determine the progress of any work or the status of any services provided under this PWS. Any statements made by Contractor or its representatives may form the basis of the Government’s determination about whether Contractor is meeting AQL.

6. QA SURVEILLANCE A BASIS FOR GOVERNMENT ACTION.

Surveillance results may be used as the basis for actions against Contractor including, but not limited to, contract rescission, withholding of certain payments, or declaring Contractor in material breach of contract.

7. RATINGS.

Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:

EXCEPTIONAL:

Performance exceeds contract requirements to the Government’s benefit.

SATISFACTORY: Performance meets contractual requirements.

UNSATISFACTORY: Performance does not meet contractual requirements.

8. DOCUMENTING PERFORMANCE.

a. ACCEPTABLE PERFORMANCE.

The Government shall document positive performance. A report template is attached. Any report may become a part of the supporting documentation for any Government action regarding the contract.

b. UNACCEPTABLE PERFORMANCE.

When unacceptable performance occurs, the COR shall inform Contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file.

When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to Contractor's designated POC. A CDR template is attached to this

QASP.

Contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the COR. The Government shall review the contractor's corrective action plan to determine acceptability.

Any CDRs may become a part of the supporting documentation for any Government action regarding the contract.

9. FREQUENCY OF MEASUREMENT.

a. Frequency of Measurement.

During contract/order performance, the COR shall take periodic measurements and shall analyze whether the negotiated frequency of measurement is appropriate for the work being performed.

b. Frequency of Performance Assessment Meetings.

The COR shall meet periodically with the contractor to assess performance and shall provide a written assessment.

10. SPECIFIC QUALITY MEASURES.

QUALITY ASSURANCE SURVEILLANCE PLAN WORKSHEET

Performance Rating

Deliverable/Service

Quality Rating Causative

Factors Effect on Mission

Action Required/Date

Contractor representatives appear in Albuquerque or Santa Fe for required interviews. PWS 4.4.1., 4.4.7, 4.6.

E

Comments Unnecessary for “E” QA Rating.

S

U

Design of recruitment website is acceptable to the NMARNG--meets industry standards, design

E Comments Unnecessary for “E” QA Rating.

principles. PWS 4.4.2.1.

Contractor creates all parts of website in accordance with design, produces required media to industry standards.

PWS 4.4.2.2.

Contractor implements website viewable on all required systems and platforms. PWS 4.4.2.3.

Contractor hosts website and associated media using own or third-party assets for period of performance.

PWS 4.4.2.4.

Contractor maintains website, address problems, and keeps technical currency for life of contract. PWS 4.4.2.5.

Continued on Next Page

Contractor designs, implements, creates, implements, distributes, and maintains smartphone app. PWS 4.4.3.

Contractor conducts targeted advertising or marketing for the duration of the period of performance. PWS 4.4.4.

Contractor integrates all products, deliverables, and services with existing social media. PWS 4.4.5.

Contractor engages in search engine optimization and analytics for the period of performance. PWS 4.4.6.

Contractor adjusts or modifies any products or deliverables for NMARNG recruitment needs for duration of agreement. PWS 4.4.8.

Rating Description

Exceptional Performance exceeds contract requirements to the Government’s benefit.

Satisfactory Performance meets contractual requirements.

Unsatisfactory Performance does not meet contractual requirements. RRC will identify what specific element of performance does not meet contractual requirements.

Prepared by: CPT Brendon Hischar

Signature – Contracting Officer’s Representative

PERFORMANCE REPORT

1. CONTRACT NUMBER: <insert number>

2. Prepared by: (Name of COR) <insert name>

3. Date and time of observation:

4. Observation:

<Examples of items to include in a report are:

- Method of surveillance.

- How frequently you conducted surveillance.

- Surveillance results.

- Number of observations.>

Prepared by: <Enter COR’s name>

Signature – Contracting Officer’s Representative Date

CONTRACT DISCREPANCY REPORT (CDR)

1. Contract Number: <insert number>

2. TO: (Contractor Task Manager or on-site representative) <insert name>

3. FROM: (Name of COR) <insert name>

4. Date and time observed discrepancy:

5. DISCREPANCY OR PROBLEM:

<Describe in detail. Identify any attachments.>

5. Corrective action plan:

A written corrective action plan < is / is not > required.

< If a written corrective action plan is required include the following. > The written Corrective Action Plan will be provided to the undersigned not later than < # days after receipt of this

CDR. >

Prepared by: <Enter COR’s name>

Signature – Contracting Officer’s Representative Date

Received by:

Signature - Contractor Task Manager or on-site representative Date

< The COR may initiate a CDR at any time, including whenever the number of monthly recorded defects for a performance standard exceeds the allowable number of defects; anytime unacceptable performance is determined critical in nature and requires formal corrective action; and whenever an unfavorable trend is detected in contractor performance.>

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Web Design, Hosting and Mobile App

FFP

The contractor shall Design, Create, Implement, Host and Maintain the custom NMANG recruitement Website and Mobile APP for 1 year with 2 option year.

SEE PWS FOR MORE DETAILS

FOB: Destination

PURCHASE REQUEST NUMBER: 0011304164

PSC CD: D316

NET AMT

0002 1 Job Contractor Manpower Reporting

FFP

CMR: The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor shall completely fill in all the information in the format using the following web address https://cmra.army.mil/Login.aspx. The required information includes:

(1) Contracting Office, KO, and Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR);

(2) Contract number, including task and delivery order number;

(3) Beginning and ending dates covered by reporting period;

(4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data;

(5) Estimated direct labor hours (including sub-Contractors);

(6) Estimated direct labor dollars paid this reporting period (including sub- Contractors);

(7) Total payments (including sub-Contractors);

(8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different);

(9) Estimated data collection cost;

(10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information);

(11) Locations where…