PWS_-_FY19_Northern_NM_Bus_Wrap_Advertising.pdf

PERFORMANCE WORK STATEMENT

NEW MEXICO ARMY NATIONAL GUARD

RECRUITING & RETENTION BATTALION

PERFORMANCE WORK STATEMENT

FY19 NORTHERN NEW MEXICO BUS WRAP ADVERTISING

1. INTRODUCTION: The New Mexico Army National Guard (“NMARNG”) desires to print, install, maintain, and display for a period of one year (12 months, 365 days) certain advertising on public buses operating in northern New Mexico (hereinafter referred to collectively as “bus wrap(s)”) 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 any entity acting in its capacity as a

Contractor, Vendor, or other authorized provider of goods or services pursuant to this document.

2. BACKGROUND: RRBN has the authority under NGR 601-1 to purchase advertisements in various media and display its intellectual property at various venues in order to advance its recruiting mission. Historically, the NMARNG has contracted with a variety of entities to display signage, logos, badging, and advertising. RRBN previously contracted with Templeton

Marketing in FY18 to obtain bus wraps on buses operating in northern New Mexico. On 13

September 2018 the NMARNG RRBN requested funds to continue its “Historically Under-

Represented Communities Outreach Initiative,” under which this advertising was previously implemented, and it received full funding in that amount, of which a portion is earmarked for this specific requirement.

3. SCOPE OF WORK: The Contractor shall furnish bus wraps 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 one year (12 months, 365 days) from the date bus wraps are actually installed and displayed (the “period of performance”).

4. RESPONSIBILITIES OF THE NMARNG: The NMARNG shall provide, incident to services being performed, any documents, materials, media, graphics, logos, advertisements—or similar—required to effectuate the purposes of this PWS. Any documents, materials, graphics, badges, logos, advertisements, or similar shall be referred to collectively under this PWS as

“NMARNG intellectual property.” The Contractor shall provide all other property, materials, equipment, and services set forth in this PWS, or that are necessary to effectuate the purposes of this PWS. NMARNG shall design any graphical proof in accordance with Contractor’s specifications.

5. RESPONSIBILITIES OF THE CONTRACTOR.

5.1. 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. The Contractor further warrants and represents it will comply with all lawful business agreements into which it may have entered, including, but not limited to, any licensing agreement with a third party or contractual obligation to a third party.

5.2. 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 and its affiliates. By entering into this agreement, Contractor represents and warrants 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.

5.3. LIMITED LICENSE TO USE NMARNG INTELLECTUAL PROPERTY:

Performance under this PWS creates a limited and revocable license for Contractor to reproduce, 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.

5.4. BUS WRAP REQUIREMENTS:

5.4.1. Contractor shall print, install, maintain, and display three (3) 61 inch by 67 inch

“backwraps” bearing an NMARNG advertisement on two buses of the “Gallup Express” for the entirety of the period of performance. For the purposes of this PWS, a “backwrap” shall be construed to mean a permanent or semi-permanent covering that encompasses the entirety of the rear surface of a selected bus, less any reasonable allowance for the protrusion of critical machinery or other fixtures.

5.4.2. Contractor shall print, install, maintain, and display three (3) “backwraps” bearing an

NMARNG advertisement on two buses of the “Northern New Mexico Park and Ride” for the entirety of the period of performance. Preferred routes are Santa Fe to Los Alamos, and Santa Fe to Las Vegas.

5.5. PROOF OF COMPLIANCE A CONTRACTOR RESPONSIBILITY: Contractor shall provide proof of performance by submitting photographs of bus wraps after printing, after installation, and at least monthly following installation. Contractor shall send photos by email to

SFC Miguel Valdezfranco (miguel.a.valdezfranco.mil@mail.mil) not later than seven (7) business days after each event, or not later than seven (7) business days after the first of each month, once bus wraps have been installed.

5.6. OTHER CONTRACTOR PROVISIONS:

5.6.1. The Contractor shall coordinate with NMARNG RRBN personnel prior to the initiation of any services or delivery of any goods under this agreement for the purpose of allowing

NMARNG RRBN representatives input into the time, place, and manner for the display of

NMARNG intellectual property, as well as NMARNG RRBN endorsement of suitability for display of any Contractor good or product.

5.6.2. The Contractor shall neither authorize nor provide any services not expressly authorized by this PWS without the express written agreement of the NMARNG Contracting Officer’s

Representative (COR).

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 for the purpose of fulfilling the requirements described herein.

7. RIGHTS RESERVED BY THE NMARNG: The NMARNG, to include the RRBN, reserves the right to direct the time, place, and manner of any display of NMARNG intellectual property or advertisements within the requirements described herein, to include the selection of particular buses and bus routes for the display of bus wraps. In the event of unavailability of any particular bus or route during the period of performance, the Contractor shall offer an equivalent, which shall be subject to NMARNG’s express approval. The NMARNG RRBN shall be the approval authority for all media or advertising containing NMARNG intellectual property.

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. QUALITY ASSURANCE AND PERFORMANCE ASSESSMENT:

9.1. 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 5 of the PWS.

9.2. 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.

10. 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.

11. 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.