W912MM-23-P-0014.pdf

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South Dakota National Guard Non-Commercial Sustaining Announcements
Solicitation number
W912MM-23-Q-0010
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This is an awarded federal contract notice for non-commercial sustaining announcements and public service advertising services for the South Dakota Army National Guard. The contract was awarded to Laughlin, Marinaccio & Owens, Inc. on April 11, 2023 for $124,838.16 to provide radio and television advertising. The 12-month base period of performance is from April 1, 2023 to April 10, 2024. The contractor will create six creative materials per year and distribute them through agreements with state broadcasters associations. The contractor must comply with the provided National Guard style guide and regulations. Key tasks include drafting monthly status reports, using the National Guard's return on investment tracking tool, and ensuring placements include references to NationalGuard.com.

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SEE ADDENDUM

(No Collect Calls)

W912MM23Q0010 02-Mar-2023

b. TELEPHONE NUMBER

605-737-6923

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 22 Mar 2023

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.703-879-7756

W912MM9. ISSUED BY

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

W912MM23P0014 11-Apr-2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DOUGLAS W. HARDING

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

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

0011936846

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

MONTY C. EISENBRAUN / CONTRACTING OFFICER

See Schedule $124,838.16

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE SCHEDULE

.20-Mar-2023 YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN W912MM-23-Q-0010

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE 1B4M8 FACILITY

OFFEROR CODE

USPFO SD PURCHASING & CONTRACTING

2823 WEST MAIN STREET

RAPID CITY SD 57702-8186

LAUGHLIN, MARINACCIO & OWENS, INC.

LM&O ADVERTISING

BOB HALL

1776 WILSON BLVD STE 500

ARLINGTON VA 22209-2518

DFAS-INDY VP GFEBS HQ0670

8899 E 56TH STREET

INDIANAPOLIS IN 46229-3800

18a. PAYMENT WILL BE MADE BY CODE HQ0670

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE

SEE ITEM 9

15. DELIVER TO CODE W91NZ4 16. ADMINISTERED BY

Net 30 Days

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W91NZ4 - RRM

TERRY BERNDT

SD RECRUITING/RETENTION OFFICE

2823 W. MAIN ST.

RAPID CITY SD 57702-8170

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$22,500,000

NAICS:

541810

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

X

EMAIL: monty.c.eisenbraun.mil@mail.mil

(605) 737-6738TEL:

31c. DATE SIGNED

11-Apr-2023

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 OF30

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.

Section SF 30 - BLOCK 14 CONTINUATION PAGE

QUESTIONS AND ANSWERS

Questions & Answers

Q. Is there a specific amount of content required to be created?

A. There will be six creatives a year.

Q. Are you also looking for social media content and management?

A. This is only for TV and Radio.

Q. Can you provide the annual magnitude of this project?

A. This ties in with the six creatives a year, and monthly reports are listed in Paragraphs 5 – 5.9.2. ROI is 4-1 and the table below is examples of how many ads were broadcasted the previous year.

Media: Radio :30 Spots :60 Spots Total Spots

November 2021 2,313 1,705 4,018

December 2021 3,049 1,350 4,399

January 2022 3,495 1,397 4,892

February 2022 2,887 1,278 4,165

March 2022 3,214 1,401 4,615

April 2022

TOTALS: 14,958 7,131 22,089

Media: TV :15 Spots :30 Spots :60 Spots Total Spots Total Value

November 2021 319 618 0 937

December 2021 341 605 0 946

January 2022 406 780 0 1,186

February 2022 342 600 0 942

March 2022 357 617 0 974

April 2022

TOTALS: 1765 3220 0 4985

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

NCSA PERFORMANCE WORK

STATEMENT (PWS)

NCSA & PSA Media Services

1.0 General:

This contract is to provide the South Dakota Army National Guard (SDARNG) 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 SDARNG target demographic of 17-24 year-olds, then 25-35 year-olds.

The NCSA Program is made exclusively 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 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.

The SDARNG uses NCSAs to broadcast its radio and television announcements in an affordable manner. The SDARNG’s objective is to have NCSA enhance SDARNG’s image in the minds of potential recruits and their influencers, resulting in qualified recruitment leads. This NCSA Program will further the SDARNG’s objective by increasing public awareness of SDARNG, clarifying public understanding of SDARNG’s mission, and improve the public’s perception of the Guard at the State and local level.

The SDARNG NCSA Program uses a Contractor to provide advertising/marketing services to ensure the SDARNG gets the maximum exposure and advertising value possible within each SBA. The Contractor shall NOT be required to conceptualize and produce the recorded NCSA TV and radio materials. The Contractor shall also not be required to conceptualize and produce new PSA In-Home TV and radio spots.

Contractor will be required to duplicate existing both PSA In-Home and NCSA TV and radio spots media (i.e. burn CDs), design creative packaging, and send to each SBA.

The Contractor negotiates and establishes an agreement (subcontract) with each SBA outlining the expectations for the airings of the NCSA materials as demonstrated in their proposal.

Funding for the NCSA Program does not directly pay TV or radio stations within a state; rather the funding is 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 SDARNG NCSA Program with PSA services as defined in this PWS.

1.2 Background: 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).

1.3 Period of Performance (POP): The POP for this Task Order is 12 months, and the anticipated start date of performance is 1 April 2023. Four (4) option periods are possible.

1.4 General Information:

1.4.1 Quality Control (QC): The Contractor shall create and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The Contractor shall create and implement procedures to identify, prevent and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the Contractor shall create QC procedures that address the areas identified in Technical Exhibit 2, Performance Requirements Summary (PRS).

1.4.2 Quality Assurance (QA): The Government shall 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 must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards shall be applied, the frequency of surveillance, and acceptable quality level(s) (defect rate(s)).

1.4.3 Recognized Holidays: The Contractor shall determine the manner in which the requirements set forth in this PWS are to be accomplished. However, the Contractor is being notified the Government may not be available on recognized Federal Holidays, with the exception of any automated system generated airtime. A list of federally recognized holidays is available on http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal- holidays.

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

The Government will provide the Contractor with any necessary Government personnel rosters upon award. The Contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.5. Reserved

1.4.6. Physical Security: The Contractor shall safeguard all Government property provided for Contractor use. At the close of each work period, and materials shall be secured.

1.4.7. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO, COR, and other Government personnel as appropriate, may meet periodically with the Contractor to review the Contractor’s performance. At these meetings, the KO will apprise the Contractor of how the Government views the Contractor’s performance and the Contractor shall apprise the Government of problems, if any, being experienced. The Contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.8. Contract Manager (CM): The Contractor 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, (or the KO if a COR is not assigned), 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.

1.4.9 Shipping Costs: The Contractor will NOT be reimbursed for the costs of shipping.

The Contractor shall propose shipping costs as part of the proposal. The proposed shipping cost will be part of the Contractor’s overhead within the firm-fixed pricing provided.

1.4.10 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government-owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

2.0 Definitions and Acronyms:

2.1 Definitions:

2.2 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.

2.2.1 CONTRACTING OFFICER (KO): A person with authority to enter into, administer, and or terminate contracts/contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.2.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR): An employee of the U.S. Government designated by the KO to monitor Contractor performance. Such appointment shall be in writing and shall state the scope of authority and limitations.

This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.2.3 DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with the PWS.

2.2.4 DELIVERABLE: Anything that can be physically delivered and includes non- manufactured things such as meeting minutes or reports.

2.2.5 KEY PERSONNEL: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.2.6 PHYSICAL SECURITY: Actions that prevent the loss or damage of Government property.

2.2.7 QUALITY ASSURANCE: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.2.8 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): An

organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.2.9 QUALITY CONTROL: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.3 SUBCONTRACTOR: One that enters into a contract with a prime

Contractor. The Government does not have privity of contract with the Subcontractor.

2.4 WORK DAY: The number of hours per day the Contractor provides services in accordance with the contract.

2.5 WORK WEEK: Monday through Friday, unless specified otherwise.

2.6 ACRONYMS:

AQL Acceptable Quality Level AR Army Regulation SDARNG Army National Guard AT Awareness Training AUP Acceptable Use Policy CAC Common Access Card CFP/M/E Contractor Furnished Property, Materials, Equipment CID Campaign Identifications CM Contract Manager CMRA Contractor Manpower Reporting Application COMSEC Communications Security COR Contracting Officer Representative DAM Digital Access Management

HQDA Headquarters, Department of the Army DEERS Defense Enrollment Eligibility Reporting System DFARS Defense Federal Acquisition Regulation Supplement DMA Designated Marketing Area DoD Department of Defense DTM Directive Type Memorandum

FAR

Federal Acquisition Regulation

FDO

GFP/M/E/S

Fee Determining Official Government Furnished Property, Material, Equipment and Services

IA Information Assurance IDIQ Indefinite Delivery Indefinite Quantity IS Information Systems IT Information Technology JTR Joint Travel Regulation KO Contracting Officer MSR Monthly Status Report NASBA National Alliance of State Broadcasters Associations NCSA Non-Commercial Sustaining Announcements NGR National Guard Regulations OCI Organizational Conflict of Interest OPSEC Operations Security PEP Public Education Partnership PII Personally Identifiable Information POC Point of Contact PoP Period of Performance PRS Performance Requirements Summary PSA Public Service Advertising PWS Performance Work Statement QA Quality Assurance QAE Quality Assurance Evaluator

QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program ROI Return on Investment SBA State Broadcasters Associations SRSC Strength Support Readiness Center

3.0 Government Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide, incidental to services being provided, the following: (1) National Guard Regulations (NGR) 601-1; (2) SDARNG Style Guide/Graphic Standards (“Style Guide”); (3) Electronic Roster of RRC’s and State contacts; (4) 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, Material, 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 and throughout this PWS.

5.0 Requirements: The Contractor shall perform the following tasks: General: The following Section 5.1 to 5.10.2 are relevant for BOTH the “NCSA tasks” and “PSA In-Home.

5.0.1 This contract is to provide the Army National Guard (SDARNG) 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 SDARNG target demographic of 17-24 year-olds, then 25-35 year-olds.

5.1 The Contractor shall comply with: (1) SDARNG 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 SDARNG Approved Logo(s).

5.2 The Contractor shall draft a Monthly Status Report (MSR). The Contractor shall draft 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 to the COR and KO no later than the end of every following month via email. A sample of the MSR shall be submitted to the COR and KO 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 by state,; (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; (9) any tasks referencing the MSR below.

5.3 The Contractor shall use only 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 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 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 SDARNG.

5.4 The Contractor shall also use the Army National Guard’s “Return on Investment (ROI) Tracking Tool” for all online banner media placement. The ROI Tracking Tool is a custom built Web-based campaign management portal exclusively designed for the National Guard providing a transparent, collection control, and tracking of ROI data for all SDARNG marketing and advertising campaigns. The COR will provide access permission to the ROI Tracking Tool at the Post-Award Meeting. The Contractor shall use the ROI Tracking Tool to create and track campaigns and programs by Campaign Identifications (CIDs). The ROI Tracking Tools provides a standardized and controlled way of creating a campaign URL, which appends a unique tracking tag in the query string of the URL targeting http://www.nationalguard.com. The Government will provide orientation on the ROI tracking Tool within fourteen (14) days after contract award. The ROI Tracking Tool will generate Monthly Reports that will be available to the Contractor. The Contractor shall create reports within the ROI tool as needed.

5.5 The Contractor shall ensure “NATIONALGUARD.com” and/or “1-800-GO-GUARD” is advertised on all advertising placements. All digital advertisements will have an embedded hyperlink to www.nationalguard.com. The Contractor shall also use specialized embedded hyperlinks to specific pages within www.nationalguard.com. An example is: a “campaign” to target college-bound high school students who seek information on college tuition would be sent to http://www.nationalguard.com/college instead of the NationalGuard.com home page. Specialized embedded hyperlinks will be part of CIDs for tracking ROI.

5.6 The Contractor shall work with the Government POC 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 Government will provide talent releases to Contractor for verification that all talent has been cleared/verified. The Contractor shall keep a record of all agreements and a full list shall be included in the contract’s first MSR and only changes to that list in the follow-on MSRs.

5.7 The Contractor shall distribute announcements or spots in different languages (English and Spanish -depending on individual SBA agreements and/or State requests approved by the COR). The Contractor shall confirm any additional announcements/ materials requested meet contractual requirements.

5.7.1 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).

5.7.2 The Contractor shall maintain a Contact Log Report of all SBAs and PSA Media Providers contact information including: (1) name; (2) email addresses; (3) phone numbers; (4) fax number; and (5) street addresses (for deliveries). The Contractor will provide Contact Log Report as an attachment to the MSR.

5.7.3 The Contractor shall ensure that: DMA plays and prime time and late evening plays are met as stated in Attachment 1.

5.8 NCSA Agreement Specific Services:

5.8.1 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 in each SBA; (2) Length of advertisements; (3) Total ROI for each State 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.

5.9 NCSA Program Performance Analysis:

5.9.1 The Contractor shall analyze SBA Monthly Reports and verify station affidavits of airtime received using third-party media tracking tools. 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.

5.9.2 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. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

Publication (Chapter/Page)

Date of Publication

Mandatory or

Advisory

Website/Location

NGR 601-1

9-15-97

Mandatory http://www.apd.army.mil/

JTR 2012

(Updated monthly)

Mandatory http://www.defensetravel.dod.mil/site/refer ence.cfm#J

SDARNG Style Guide/graphic standards

Current Mandatory COR will provide

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance standards. The Government will use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL) and Performance Standards.

PWS

Paragraph

Task Performance Standard

Acceptable Quality Levels

(AQL)

Surveillance Method / By Whom

5.1 The Contractor shall comply with:

(1) NGR 601-1; (2)

SDARNG Style Guide/Graphic Standards (“Style Guide”), and

(3) Electronic and Information Technology Accessibility Standards

The Contractor shall comply 100% of the time

The Contractor shall comply 98% of the time

QA Plan and monitored by a Government Rep

5.2 The Contractor shall draft a Contractor shall Contractor shall COR/KO will

Monthly Status Report submit a sample submit a sample review monthly

(MSR) MSR at the post- MSR at the post- reports award meeting. award meeting.

The written report shall be submitted monthly to the COR and KO no later than the end of every following month via email.

MSRs will be submitted NLT the end of

The each month. No contractor must more than 1 time include the shall the MSRs additional data as stated in PWS will be submitted later than the 12th

Paragraph 5.11.1 business day of as an attachment to each month. The the MSR. The contractor shall

MSR must be comply 99.5% of submitted timely the time.

and must be accurate 99.95% of the time.

Task Performance Standard

Acceptable Quality Levels

(AQL)

Surveillance Method / By Whom

5.3 The Contractor shall use only

National Guard specific trademarked logos and material available through the current National Guard media library

A contractor shall use COR Approve material 99% of the time.

A contractor shall comply 95% of the time

COR will approve all created advertising prior to posting.

COR/KO will periodically check

DAM

5.4 Contractor shall use the National

Guard “Return on Investment (ROI) Tracking Tool” to create and track campaigns and programs by Campaign Identifications (CIDs).

The performance level for this task shall be determined via the Performance Matrix.

The performance level for this task shall be determined via the Performance Matrix.

COR will review Nationalguard.com ROI report periodically. COR will periodically check the

ROI

Tracking Tool.

5.5 The Contractor shall ensure

“NATIONALGUARD.com” and/or “1-800-GO-GUARD” is advertised on all advertising placements.

99.9% of placed content will comply with this task and meet the standards described in the Performance Matrix

99.5% of placed content will comply with this task and meet the standards described in the Performance Matrix

COR will review monthly ROI and NationalGuard.com reports

5.6 The Contractor shall ensure

updated usage agreements with radio and television stations for any relevant release of rights/claims) are established and correctly reflected in the traffic instructions prior to distribution.

The Contractor shall keep a record of all updated agreements 100% of the time

The Contractor shall keep a record of all updated agreements 98% of the time

The COR will reviewed with submission of

MSR

5.7 The Contractor shall distribute

announcements or spots in different languages.

The Contractor shall comply 100% of the time

The Contractor shall comply 95% of the time

The COR will randomly inspect

5.7.1 Contractor shall provide usage

arrangements for NCSA and PSA materials to be allowed for web-streaming.

The performance level for this task shall be determined by the terms of the Contractor’s proposal.

The performance level for this task shall be determined by the terms of the Contractor’s proposal.

COR will review all SBA agreements to ensure usage arrangements for NCSA and PSA materials to be allowed for web-streaming

Task Performance Standard

Acceptable Quality Levels

(AQL)

Surveillance Method / By Whom

5.7.2 The Contractor shall maintain a

Contact Log Report of all SBAs and PSA Media

Providers contact information including

Contractor shall submit a Contact Log Report as part of the

MSR.

The Contractor shall comply 95% of the time

COR/KO will review monthly reports attached to the MSR

5.7.4 The Contractor shall ensure that:

State Wide Play totals, DMA plays and prime time and late evening plays are met with an ROI of 4-1

The Contractor must be in compliance 100% of the time

The Contractor shall ensure that at least 80% of the State Wide Play totals with an ROI of 4-1 and 30% of those plays must be prime time and late evening

COR/KO will review monthly

5.8.1 The Contractor will be held to the

proposed ROI attachment for day parts and total airtime contained within their proposal. The proposed ROI will become the performance standard for this section.

The Contractor shall comply 100% of the time

The Contractor shall comply 95% of the time

The COR/KO will review monthly

5.8.1 Contractor shall submit a

NCSA Monthly Tracking Report

Contractor shall submit an NCSA Monthly Agreement Report as part of the

MSR.

Contractor shall submit an NCSA Monthly Agreement Report as part of the

MSR.

COR/KO will review monthly reports attached to the MSR

5.9.1 Contractor shall analyze SBA

metrics and provide a NCSA Television Frequency Breakdown Report.

Contractor shall insure the information submitted in the MSR is accurate and complete.

Contractor shall insure the information submitted in the MSR is accurate and complete

COR/KO will review Monthly data provided by the Contractor and Nationalguard.com and compare with the MSR.

5.9.2 The Contractor shall make

recommendations for improvements to the NCSA Program to the COR

When required When required Reviewed as submitted by the Contractor

W912MM23P0014

TECHNICAL EXHIBIT 2

Deliverables Schedule

Deliverable

Task Frequency Number of Copies

Medium/Format

Submit To

1.4.1 QC Plan (QCP)

Proposal 1 Electronic Submission COR/KO

5.2 Monthly Status Report

(MSR)

Monthly 1 Electronic Submission COR/KO

5.7.2 Contact Log Report

Monthly 1 Electronic Submission COR/KO

5..8.1 NCSA Monthly Tracking Report

Monthly 1 Electronic Submission COR/KO

5.9.1 NCSA Television/Radio

Frequency Report

Within 30 days of award

1 Electronic Submission COR

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 12 Months $10,403.18 $124,838.16 FY23 Advertising

FFP

Services, Non-Personal

***See Performance Work Statement for details.***

GOV POC: Terry Berndt - 605-737-6923

Vendor POC: Bob Hall - 703-879-7756

3953: W91NZ4-2130-0501

FOB: Destination

PURCHASE REQUEST NUMBER: 0011936846

PSC CD: R701

NET AMT $124,838.16

ACRN AA

CIN: GFEBS001193684600001

$124,838.16

1010 12 Months $10,441.79 $125,301.48 OPTION FY24 Advertising

FFP

Services, Non-Personal

***See Performance Work Statement for details.*** FOB: Destination

NET AMT $125,301.48

2010 12 Months $10,479.36 $125,752.32 OPTION FY25 Advertising

NET AMT $125,752.32

3010 12 Months $10,517.68 $126,212.16 OPTION FY26 Advertising

NET AMT $126,212.16

4010 12 Months $10,556.76 $126,681.12 OPTION FY27 Advertising

NET AMT $126,681.12

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0010 Destination Government Destination Government 1010 Destination Government Destination Government 2010 Destination Government Destination Government 3010 Destination Government Destination Government 4010 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0010 POP 11-APR-2023 TO

10-APR-2024

N/A W91NZ4 - RRM

TERRY BERNDT

SD RECRUITING/RETENTION OFFICE

2823 W. MAIN ST.

RAPID CITY SD 57702-8170

605-737-6012

W91NZ4

1010 POP 11-APR-2024 TO

10-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

2010 POP 11-APR-2025 TO

10-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

3010 POP 11-APR-2026 TO

10-APR-2027

N/A (SAME AS PREVIOUS LOCATION)

4010 POP 11-APR-2027 TO

10-APR-2028

N/A (SAME AS PREVIOUS LOCATION)

ACCOUNTING AND APPROPRIATION DATA

AA: 021202320232065000044343426R0040121017 6100.9000021001

COST CODE: A18SS

AMOUNT: $124,838.16

ACRN CLIN/SLIN CIN AMOUNT

AA 0010 GFEBS001193684600001 $124,838.16

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 (Dev) Utilization of Small Business Concerns (Deviation 2023-

O0002)

DEC 2022

52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2021-O0008) OCT 2022 52.219-28 Post-Award Small Business Program Rerepresentation OCT 2022 52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.244-6 Subcontracts for Commercial Products and Commercial

Services

DEC 2022

52.252-6 Authorized Deviations In Clauses NOV 2020 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

DEC 2022

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items DEC 2022 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2018-

O0021) (DEC 2022)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in…

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