W912PQ20Q0036.pdf

SEE ADDENDUM

(No Collect Calls)

W912PQ20Q0036 16-Jul-2020

b. TELEPHONE NUMBER

518-786-4986

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 23 Jul 2020

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.

W912PQ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MARK R. WALSH

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

0011437943-0001

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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USPFO NY PURCHASING & CONTRACTING

330 OLD NISKAYUNA ROAD

LATHAM NY 12110-2224

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 W90TEJ 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NYARNG RECRUITING AND RETENTION BN

W909 NEW YORK REC & RET

1 BUFFINGTON ST BLDG 40 1

WATERVLIET ARSENAL

WATERVLIET NY 12189-4000

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

541613

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 OF34

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.

W912PQ20Q0036

Section SF 1449 - CONTINUATION SHEET

PWS

PERFORMANCE WORK STATEMENT (PWS)

FOR

Van Wagner Sports and Entertainment, LLC (Stony Brook University)

1.0 General: The New York Army National Guard (NYARNG) is contracting a Marketing package with the Stony Brook University (Van Wagner, LLC) to begin 01 July 2020 through 30 June 2025. Stony Brook University is a prominent college in New York. The student enrollment totals approximately 26,000. Stony Brook University has 17 Varsity sports teams with over 2,000,000 fans nationwide. This package would significantly increase brand awareness for the NY Army National Guard.

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 and support all advertising associated with this contract for the NY Army National Guard on the Stony Brook Campus Services, as defined in this PWS.

1.2 Background: The NY Army National Guard Recruiting and Retention Battalion must continually advertise and recruit in Colleges and Schools. This allows us access to our target demographic to ensure our message is being received by those most likely join and meet our eligibility requirements. Stony Brook University (SBU) annually has 200,000 plus visitors to their athletic events annually. These sporting events also include many state championships from High Schools all around the state. The features of this purchase request as listed in paragraph 2 will allow us to maximize the impact of our advertising funds by branding and recruiting at Stony Brook and allowing our recruiters access to recruiting booths for home games.

1.3 Period of Performance (PoP): ): The Period of Performance shall be one Base Year of 12 months and four (4) 12-month option years.

1.4 General Information:

1.4.1 Quality Control (QC): The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop 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 develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary. After acceptance of the QCP, the contractor shall obtain the Contracting Officer’s (KO) acceptance in writing of any proposed changes to its QCP.

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 will be applied, the frequency of surveillance, and acceptable quality level(s) (defect rate(s)).

1.4.3 Recognized Holidays: The following are recognized US holidays. The contractor shall perform services on these days in accordance with the Requirements:

1.4.3.1 New Year’s Day: January 1st

1.4.3.2 Martin Luther King, Jr.’s Birthday

1.4.3.3 President’s Day

1.4.3.4 Memorial Day

1.4.3.5 Independence Day: July 4th

1.4.3.6 Labor Day

1.4.3.7 Columbus Day

1.4.3.8 Veteran’s Day: November 11th

1.4.3.9 Thanksgiving Day

1.4.3.10 Christmas Day

1.4.4 Place and Performance of Services: Performance of services shall be at the Stony Brook Campus, Stony Brook, New York to meet the deliverables in this PWS. The Contractor will ultimately be responsible for the hours worked by their employees. The Government will insure the services being provided are in concert with the terms of the Contract. 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. Telecommuting is not authorized.

1.4.4.1 NOTE: This requirement will NOT be needed under this contract; however, the following language is required in the PWS. Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.4.2 NOTE: This requirement will NOT be needed under this contract; however, the following language is required in the PWS. The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance.

1.4.5 Security Requirements. NOTE: This requirement will NOT be needed under this contract; however, the following language is required in the PWS. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the Contracting Officer’s Representative (COR). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

The contractor shall ensure compliance with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 COMSEC/IT Security. All communications with DOD organizations are subject to communications security (COMSEC) review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, the contractor is advised that any time contractor place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DOD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.4.5.2 NOTE: This requirement will NOT be needed under this contract; however, the following language is required in the PWS Use of Government Information Systems (IS) and access to Government networks is a revocable privilege, not a right.

Users are the foundation of the DoD strategy and their actions affect the most vulnerable portion of the AEI. Contractor employees shall have a favorable background investigation or hold a security clearance and access approvals commensurate with the level of information processed or available on the system. Contractor employees shall:

a. Comply with the command's Acceptable Use Policy (AUP) for Government owned IS and sign an AUP prior to or upon account activation.

b. Complete initial and/or annual Information Assurance (IA) training as defined in the IA Best Business Practices (BBP) training (https://informationassurance.us.army.mil).

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

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

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

1.4.5.3 Protection of Personally Identifiable Information (PII). The contractor shall protect all Personally Identifiable Information (PII) encountered in the performance of services in accordance with DFARS 224.103 and DoDD 5400.11, Department of Defense Privacy Program, and DoD 5400.11-R. If a PII breach results from the contractor’s violation of the aforementioned policies, the contractor shall bear all notification costs, call-center support costs, and credit monitoring service costs for all individuals who’s PII has been compromised.

1.4.5.4. CAC Requirements: NOTE: This requirement will NOT be needed under this contract; however, the following language is required in the PWS The Common Access Card (CAC) is the Department of Defense (DOD) Federal Personal Identity Verification (PIV) credential. In accordance with Directive Type Memorandum (DTM) 08-003, December 1, 2008, incorporating Change 5, October 8, 2013, Initial issuance of a CAC requires at a minimum, the completion of FBI fingerprint check with favorable results reflecting "No Record" and submission of a National Agency Check with Inquiries (NACI) to the Office of Personnel Management (OPM), or a DoD-determined equivalent investigation. The issuance of a CAC will be based on four criteria; (a) eligibility for a CAC; (b) verification of DoD affiliation from an authoritative data source; (c) completion of background vetting requirements according to the Federal Information Processing Standards Publication 201-1, Personal Identity Verification (PIV) of Federal Employees and Contractors, March 2006, and DOD Regulation 5200.2-R, Department of Defense Personnel Security Program, January 1987, and (d) verification of a claimed identity. CAC eligible personnel must be registered in the Defense Enrollment Eligibility Reporting System (DEERS) through either an authoritative personnel data feed from the appropriate Service or Agency or Trusted Associate Sponsorship System (TASS).

1.4.5.5 AT Level 1 Awareness Training (AT): Not applicable

1.4.5.6 Information Assurance (IA)/Information Technology (IT) Training: Not applicable

1.4.5.7 Information Awareness: Not applicable

1.4.5.8 WATCH Training. Not applicable

1.4.5.9 OPSEC Training. Not applicable

1.4.5.10 OPSEC SOP/Plan. Not applicable

1.4.5.11 Classified Information. Not applicable

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

1.4.6.1 Key Control. Not applicable

1.4.6.2 Lock Combinations: Not applicable

1.4.7 Special Qualifications: Not applicable

1.4.8 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, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the Contacting Officer 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.

1.4.9 Contract Manager (CM): The contactor shall provide 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 directions and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.10 Identification of Contractor Employees: NOTE: This requirement will NOT be needed under this contract; however, the following language is required in the PWS. All contractor personnel attending meetings, answering Government telephones and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are Government employees. The contractor shall ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor’s status as a

“contractor” shall be predominantly displayed in all correspondence types (to include signature blocks on e-mail) and dealings with Government or non-Government entities/ Contractor personnel shall wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word “contractor” displayed. The contractor shall retrieve all identification media (including vehicle passes) from their employees who depart employment for any reason. All identification media (i.e., badges and vehicles passes) shall be returned to the KO within 14 days of an employee’s departure.

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

1.4.12 Contractor Travel. Not applicable

1.4.13 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.

1.4.14 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.4.15 Phase In / Phase Out Periods: Not applicable

1.4.16 Telework: Not applicable

2.0 Definitions and Acronyms:

2.1.1 CALL-TO-ACTION. An instruction to the audience to provoke an immediate response, usually using an imperative verb. (i.e. nationalguard.com)

2.2.2 COBRANDING. Cobranding is displaying the ARNG logo with that of one other entity (such as a team or event). This gives the impression the ARNG endorses that other entity. Cobranding is not authorized.

2.1.3 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

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

2.1.5 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.

2.1.6 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

2.1.8 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 Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.9 PAID PATRIOTISM. Paid Patriotism is paid recognition of or participation by ARNG Soldiers, such as reenlistment ceremonies, color guard presentations, or on-field formations. It also includes paid player appearances, such as photo or autograph sessions. Paid patriotism is not authorized in any ARNG contract. If any of these events are included in the contract, the contract must explicitly state they are at no cost to the government. -Not applicable

2.1.10 PERSONAL IN NATURE (PIN). PIN items are any items that could benefit an individual, such as tickets, parking passes, meals, VIP access, memorabilia, etc.

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

2.1.12 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.13 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

2.1.15 SPONSORSHIPS OR PARTNERSHIPS. Contracts that provide sponsorship or partnership for teams or athletes otherwise unable to train and compete, or make possible a specific competition or event that might not otherwise take place without the funding provided by ARNG.

2.1.16 MILITARY MARKETING. Army advertising activities which may be contracted in support of ARNG recruiting that involve high school, collegiate, amateur, semi-pro, or professional sports, or which occur at such sports venues and events.

2.1.17 SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

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

2.1.19 WORK WEEK. Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

AEI Army Enterprise Infrastructure AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation ARNG Army National Guard AT/OPSEC Antiterrorism/Operational Security CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services IA Information Assurance IS Information System(s) KO Contracting Officer MEARNG Maine Army National Guard OCI Organizational Conflict of Interest ODC Other Direct Costs PII Personally Identifiable Information PIN Personal In Nature PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program ROI Return On Investment TE Technical Exhibit

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S):

The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: Not applicable

3.2 Materials: The government will furnish the following materials: items for a table display.

3.3 Equipment: Not applicable

3.4 Services: The government will furnish the following services: digital graphics and imagery for web-based broadcasts/advertisements/posts, and script for public address announcements.

3.5 Utilities: Not applicable

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E): Not applicable

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.

4.1.1

4.2 Secret Facility Clearance: Not applicable

5.0 Requirements: The event coordinator shall:

5.1 Recruiter Displays and Event Access. The event shall allow the NYARNG to occupy a recruiting booth or 10 x 10 table in the activation area within the School Rec Center (SRC) on SBU Campus, in a high traffic area, time period will be 3 hours, once (1) per semester.

5.1.1 Ensure the NY Army National Guard will partner with SBU Athletics Life skills to host an information session for student-athletes interested in the learning more about enrollment at the Indoor Sports Complex. An 8 ft. table and chairs will be provided by SBU at SBU's Indoor Sports Complex on campus once (1) per semester during a high traffic time period for 3 hours on an evening weekday. (Exact date TBD).

5.1.2 The reserved space will be no less than 10’ X 10’, and allow the NYARNG to conduct recruiting activities, such as speaking with attendees, distributing recruiting items (e.g. t-shirts, lanyards, and water bottles).

5.2 Ensure the NY Army National Guard Recruiters for the area, have the opportunity to set up a recruiting booth in Kenneth P. LaValle Stadium prior to; two (2) Football, regular home season games. Kenneth P. LaValle Stadium will be a 10’ x 10’ space with a table and two (2) chairs by the main course at Gate 2.

5.2.1 Ensure the NY Army National Guard Recruiters for the area, have the opportunity to set up a recruiting booth in Island Federal Credit Union Arena prior to; six (6) men’s Basketball regular home season games. Island Federal Credit Union Arena will be a 10’ x 10’ space with a table and two (2) chairs by the main course inside the general admissions doors.

5.2.2 Ensure the NY Army National Guard Recruiters for the area, have the opportunity to set up a recruiting booth in Kenneth P. LaValle Stadium prior to; two (2) men’s lacrosse regular home season games. Kenneth P. LaValle Stadium will be a 10’ x 10’ space with a table and two (2) chairs by the main course at Gate 2.

5.3 Ensure the NY Army National Guard receives 300,000 targeted web banner advertisements on stonybrookathletics.com website. Ensure the banner advertisements are targeting our demographic by age, geographic location, and interest level. Ensure the NY Army National Guard has the flexibility to change our creative for the banner ads throughout the year and the banner ads are running throughout the year of the contract.

5.4 Ensure the NY Army National Guard has a monthly story ad on the SBU Athletics homepage.

5.4.1 Public Address Announcements. The contractor shall conduct monthly, at least one public announcement adding the NYARNG Logo on the SBU Athletics website, recognition in the conference materials, prominent signage using a script furnished by the NYARNG.

5.5 Ensure the NY Army National Guard has one (1) half-page color ad in the SBU football game programs distributed at all regular season football games at LaValle Stadium.

5.6 Ensure the NY Army National Guard has one (1) half-page color ad in the SBU basketball game programs distributed at all regular season home basketball games at Island Federal Credit Union Arena.

5.7 Ensure the NY Army National Guard has Full Courtside LED signage (576 pix (W) x 76 pix (H) - the advertising space is approx. 25 feet long) exposure during all regular basketball season home games.

5.8 All product and graphics will remain the intellectual property of the New York Army National Guard.

5.9 All work will be completed with guidance from the Recruiting & Retention BN Marketing NCOIC. IAW NGR 601-1 Army National Guard Strength Maintenance Program, Chapter 7, and all applicable OPSEC considerations.

5.10 The company that accepts the contract will accept the responsibility of production cost of all advertisements to be placed.

5.11 Contractor Manpower Reporting Application (CMRA):

5.11.1 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the NYARNG via a secure data collection site.

5.11.2 The contractor shall completely fill in all required data fields using the following web address: http://www.sam.gov. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at http://www.sam.govl.

6.0 Applicable Publications: Publications applicable to this PWS are listed below: None

TECHNICAL EXHIBIT 1

Performance Requirements Summary

This Performance Requirements Summary includes performance standards. The Government will use these standards to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

PWS

Paragraph

Task Performance Standard Acceptable Quality Levels

(AQL)

Surveillance Method / By Whom

5.1. On-site Campus

Activation

Three (3) time per semester ability to set up a 8’ table in the activation area in a high traffic area for 3 hours

100%

Recruiter provides initial photographic proof, and Recruiting conducts an inspection

5.2. Recruiting booth in

Kenneth P. LaValle

Stadium prior to; two

(2) Football home games.

Kenneth P. LaValle Stadium will be a 10’ x 10’ space with table and 2 chairs.

100%

Recruiting provides initial digital proof, and Recruiting conducts an inspections

5.2.1 Recruiting booth in

Island Federal Credit Union Arena prior to;

six (6) Basketball home games

Island Federal Credit Union Arena will be a 10’ x 10’ space with a table and 2 chairs

100% Recruiting provides initial digital proof, and Recruiting conducts an inspection

5.2.2 Recruiting booth in

Kenneth P. LaValle

Stadium prior to; two

(2) men’s lacrosse home games

Kenneth P. LaValle Stadium will be a 10’ x 10’ space with table and 2 chairs

100% Recruiting provides initial digital proof, and Recruiting conducts an inspection

5.3 Web Banner

Advertisements

NY Army National Guard receives 300,000 targeted web banner advertisements with the flexibility to change banner ads throughout the year. LED signage 576 pix (W) x 76 pix

(H) - the advertising space is approx. 25 feet long.

90% The event coordinator provides digital “screenshot” of post.

5.4 Digit Advertisement Monthly story ad on the SBU

Athletics homepage

90% The event coordinator

The event coordinator “posts” at least once during the event provides digital “screenshot” of post.

5.5 Print Ad Advertisement Receives one (1) half page

color ad in the SBU Football programs

90% Inspection – NY ARNG Marketing

NCOIC will inspect all advertisements

5.6 Print Ad Advertisement Receive one (1) half page color

ad in the SBU men’s and women’s basketball programs

90% Inspection – NY ARNG Marketing

NCOIC will inspect all advertisements

5.7 Scoreboard Signage at

Island Federal Credit

Union Arena

Full LED Ribbon courtside signage exposure during basketball games, during all regular season games

90% The event coordinator provides digital “screenshot” of post.

TECHNICAL EXHIBIT 2

Deliverables Schedule

Not Applicable

PWS Reference / Deliverable Title

Frequency Number of Copies

Medium/Format Submit To

Reference PWS paragraph where deliverable is required and the title of the deliverable.

When is deliverable due?

Self- Explanatory

How should deliverable be provided?

Who is deliverable submitted to?

(NOTE: Submission should always be to the COR or KO unless there is sufficient justification otherwise.)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job SUNY Stony Brook Advertising

FFP

SUNY Stony Brook Advertising. All labor, materials, supervision and means required to complete the services in accordance with the performance work statement (PWS).

FOB: Destination

PURCHASE REQUEST NUMBER: 0011437943-0001

PSC CD: R701

NET AMT

0002 1 Job SUNY Stony Brook Advertising

FFP

SUNY Stony Brook Advertising. All labor, materials, supervision and means required to complete the services in accordance with the performance work statement (PWS).

FOB: Destination

0003 1 Job SUNY Stony Brook Advertising

FFP

SUNY Stony Brook Advertising. All labor, materials, supervision and means required to complete the services in accordance with the performance work statement (PWS).

FOB: Destination

0004 1 Job SUNY Stony Brook Advertising

FFP

SUNY Stony Brook Advertising. All labor, materials, supervision and means required to complete the services in accordance with the performance work statement (PWS).

FOB: Destination

0005 1 Job SUNY Stony Brook Advertising

FFP

SUNY Stony Brook Advertising. All labor, materials, supervision and means required to complete the services in accordance with the performance work statement (PWS).

FOB: Destination

0006 1 Job Contractor Manpower Reporitng CY 2021

FFP

Contractor shall report manpower data relating to the performance of this contract into the System for Award Management (www.sam.gov) NLT 31 OCT 2021. UIC Code: W90TEJ FOB: Destination

0007 1 Job Contractor Manpower Reporitng CY 2022

FFP

Contractor shall report manpower data relating to the performance of this contract into the System for Award Management (www.sam.gov) NLT 31 OCT 2022. UIC Code: W90TEJ

0008 1 Job Contractor Manpower Reporitng CY 2023

FFP

Contractor shall report manpower data relating to the performance of this contract into the System for Award Management (www.sam.gov) NLT 31 OCT 2020. UIC Code: W90TEJ

0009 1 Job Contractor Manpower Reporitng CY 2024

FFP

Contractor shall report manpower data relating to the performance of this contract into the System for Award Management (www.sam.gov) NLT 31 OCT 2024. UIC Code: W90TEJ

0010 1 Job Contractor Manpower Reporitng CY 2025

FFP

Contractor shall report manpower data relating to the performance of this contract into the System for Award Management (www.sam.gov) NLT 31 OCT 2025. UIC Code: W90TEJ

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government 0009 N/A N/A N/A Government 0010 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2020 TO

31-AUG-2021

N/A NYARNG RECRUITING AND RETENTION

BN

W909 NEW YORK REC & RET

1 BUFFINGTON ST BLDG 40 1

WATERVLIET ARSENAL

WATERVLIET NY 12189-4000

W90TEJ

0002 POP 01-SEP-2021 TO

31-AUG-2022

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-SEP-2022 TO

31-AUG-2023

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-SEP-2023 TO

31-AUG-2024

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-SEP-2024 TO

31-AUG-2025

N/A (SAME AS PREVIOUS LOCATION)

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

0008 N/A N/A N/A N/A

0009 N/A N/A N/A N/A

0010 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

DEC 2019

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

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

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021)

JUN 2020

52.217-5 Evaluation Of Options JUL 1990 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 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 JAN 2019 52.222-53 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Requirements

MAY 2014

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

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

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against…