R&R KSE Advertising

Notice of Intent to Sole Source
Solicitation Number: W912LC-22-Q-0048

Sole Source FAR Reference:
FAR 13.106-3(b)(3)(i) 

A SOLICITATION WILL NOT BE POSTED.

The Government intends to proceed with this sole source action. The NAICS code is 541850. The size standards defined by the U.S. Small Business Administration is $30.5M.

THIS NOTICE IS NOT A REQUEST FOR COMPETITIVE PROPOSALS OR QUOTATIONS. Interested concerns must show clear and convincing evidence that competition of this requirement would be advantageous to the Government. Our research found that company Kroenke Sports & Entertainment, LLC is the owner and operator of Pepsi Center, the Paramount Theatre, Dick’s Sporting Goods Park, the Colorado Avalanche (NHL), Denver Nuggets (NBA), Colorado Mammoth (NLL), and Colorado Rapids (MLS). Additional properties under KSE’s umbrella include Altitude Sports & Entertainment, a 24-hour regional television network; Altitude Authentics, the company’s official retail provider; and Altitude Tickets, the official ticketing provider for KSE teams and venues. Kroenke Sports & Entertainment (KSE) is the sole provider of advertising services for the Colorado Avalanche and Denver Nuggets on their platforms.  Anyone with different information may submit it to the COARNG. All responsible sources may submit a capability statement and any contrary information to the contracting officer before the notice end date. 

If no affirmative written responses are received by 6:00 AM (Mountain) on 6 Sep 2022 an award will be made without further notice. 

Oral communications are not acceptable in response to this notice. A determination by the Government not to compete this proposed requirement is solely within the discretion of the Government. Electronic responses and question shall be submitted via email to michael.b.furtney.civ@army.mil. The Colorado Army National Guard is not responsible for any costs incurred by responding to this notice.

Colorado Army National Guard intends to award a sole-source, Firm-Fixed Price contract with Kroenke Sports & Entertainment, LLC,1000 Chopper Circle, Denver, CO 80204-5805. The purpose of this acquisition is to purchase advertising in the social media realm. By advertising on the internet/social media area, RRB will be marketing directly to our target market, enhancing RRB’s efforts to recruit and assist new Soldiers for the Colorado Army National Guard. The objective of this action includes end-strength mission accomplishment, increased personnel readiness, and brand awareness to meet the current national and state mission.

¬¬¬PERFORMANCE WORK STATEMENT (PWS)

FOR

Kroenke Sports Entertainment Marketing Services

1.0 General: 

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 Season Long Lead Generation Services, as defined in this PWS.

1.1.1 Objectives:  The Colorado Army National Guard (COARG) Recruiting, and Retention Battalion (RRB) has a requirement to advertise with Kroenke Sports & Entertainment (KSE) in the social media realm. By advertising on the internet/social media area, RRB will be marketing directly to our target market, enhancing RRB’s efforts to recruit and assist new Soldiers for the Colorado Army National Guard. 
The objective of this action includes end-strength mission accomplishment, increased personnel readiness, and brand awareness to meet the current national and state mission.

1.2 Background: The purpose of this document is to describe the requirements of the Colorado Army National Guard (COARNG) to contract with Kroenke Sports and Entertainment (KSE) in an effort to take advantage of KSE’s Social Media footprint and followers.  The COARNG plans to gather leads and build brand awareness with the local professional sports fans and followers.

Denver-based Kroenke Sports & Entertainment (KSE) or (Contractor) is one of the world's leading ownership, entertainment, and management groups. The company is the owner and operator of Pepsi Center, the Paramount Theatre, Dick's Sporting Goods Park, the Colorado Avalanche (NHL), Denver Nuggets (NBA), Colorado Mammoth (NLL), and Colorado Rapids (MLS). Additional properties under KSE's umbrella include Altitude Sports & Entertainment, a 24-hour regional television network; Altitude Athletics, the company's official retail provider; and Altitude Tickets, the official ticketing provider for KSE teams and venues.

1.3 Period of Performance (PoP): The Period of Performance shall be One (1) Base Year of 12 months and two (2), 12-month option years.

1.4 General Information: 

1.4.1 Place and Performance of Services: The contractor shall provide services for one season-long lead generation campaign during the basketball and hockey seasons annually. These marketing services will be primarily delivered via the Internet and other electronic communication methods. 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.

1.4.2 Recognized Holidays: The following are recognized United States (US) holidays. The contractor shall perform services on these days only to the extent that marketing is occurring via the Internet and other electronic communications as applicable during the basketball and hockey season: 

1.4.2.1 New Year’s Day: January 1st 
1.4.2.2 Martin Luther King, Jr.’s Birthday
1.4.2.3 President’s Day
1.4.2.4 Memorial Day
1.4.2.5 Juneteenth National Independence Day: June 19th
1.4.2.6 Independence Day: July 4th 
1.4.2.7 Labor Day
1.4.2.8 Columbus Day
1.4.2.9 Veteran’s Day: November 11th 
1.4.2.10 Thanksgiving Day
1.4.2.11 Christmas Day: December 25th

1.4.3 Quality 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 the 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 (PRS). A final QCP shall be submitted to the Contracting Officer Representative (COR) NLT 10 days after contract award. After acceptance of the QCP, the contractor shall obtain the Contracting Officer’s (KO’s) acceptance in writing of any proposed changes to its QCP. 

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

1.4.5 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post-award conference convened by the KO in accordance with FAR 42.5. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’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. 

1.4.6 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 the daily operation of this contract.  The CM shall work through the COR, to resolve issues, receive technical instructions, and ensure the 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.

1.4.7. 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, and the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17.

2.0 Definitions and Acronyms: 

2.1 Definitions:

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or services to the Government. The term used in this contract refers to the prime. 

2.1.2 Defective Service: A service output that does not meet the standard of performance associated with the PWS. 

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

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

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

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

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

2.1.8 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements. 

2.1.9 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor. 

2.2 Acronyms: 

AEI    Army Enterprise Infostructure
AR    Army Regulation 
AT/OPSEC    Antiterrorism/Operational Security
BI    Background Investigation
CM    Contract Manager
COR    Contracting Officer Representative 
DA    Department of the Army 
DD254    Department of Defense Contract Security Classification Specification 
DFARS    Defense Federal Acquisition Regulation Supplement 
DoD    Department of Defense 
FAR    Federal Acquisition Regulation
GFP/M/E/S    Government Furnished Property/Material/Equipment/Services
HQDA    Headquarters, Department of the Army
HSPD    Homeland Security Presidential Directive 
IA    Information Assurance
IS    Information System(s)
KO    Contracting Officer 
NGB    National Guard Bureau 
OCI    Organizational Conflict of Interest 
PII    Personally Identifiable Information 
PIPO    Phase In/Phase Out 
POC    Point of Contact 
PRS    Performance Requirements Summary 
PWS    Performance Work Statement 
QA    Quality Assurance 
QASP    Quality Assurance Surveillance Plan 
QC    Quality Control 
QCP    Quality Control Program 
SCR    Service Contract Reporting
SSN    Social Security Number
TE    Technical Exhibit  
USD(I)    Under Secretary of Defense for Intelligence

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): NONE

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E): NONE 

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. 

4.2 Secret Facility Clearance: Not Applicable 

4.3 Contractor Security Clearance: Not Applicable. 

5.0 Requirements: The contractor shall: 

5.1 Planning – The contractor shall meet with the Guard Representative NLT September 26, 2022, for a planning kick-off meeting to discuss and plan surveillance methods.

5.2 Marketing Services – The contractor shall provide the following marketing services related to the Colorado Avalanche:

5.2.1 Six (6) boosted and geo-targeted Facebook posts, one each month of the season, targeted to demographics agreed to with the COARNG. Will post on Colorado Avalanche’s official Facebook (posted no later than (Starts Sept 25th, 2022 and runs through Sept 24th, 2023

5.2.2 250,000 banner ads on desktop and mobile apps. Ad impressions on www.nhl.com/Avalanche (runs through May 30th, 2023)

5.2.3 One (1) dedicated email blast to Avalanche fans (NLT April 14th, 2023)

5.2.4 Six (6) content inclusions in regular season e-newsletters for Colorado Avalanche (must occur NLT April 14th, 2023)
    
5.2.5 Six (6) banner advertisement inclusions in Avalanche Alerts during the season promoting the Colorado Army National Guard (COARNG) (must occur NLT April 14th, 2023)

5.2.6 One (1) Season Long Lead Generation Campaign for the Colorado Avalanche, presented by Colorado National Guard

5.2.7 After KSE runs a contest through their company Facebook site, KSE shall report all names and phone numbers from the contest quarterly, within 3 business days after the contest campaign ends. The Colorado National Guard shall provide a Campo CSV format for KSE to deliver the results. (NLT April 14th, 2023)

5.2.8    One (1) dedicated email blast to Avalanche fans (NLT April 14th, 2023)

5.2.9    Two (2) content inclusions in regular-season e-newsletters for Colorado Avalanche (must occur NLT April 14th, 2023)

5.2.10     Six (6) banner ad inclusions in Avalanche Alerts during the season promoting the Colorado National Guard (must occur NLT April 14th, 2023)

5.2.11    Two (2) Email banner ads in the Colorado Avalanche e-blast (must occur NLT April 14th, 2023)

5.2.12    After KSE runs a contest through their company Facebook site, KSE shall provide all names and phone numbers from the contest entries. The Guard shall provide a Campo CSV format for KSE to deliver the results. (NLT April 14th, 2023)  

5.2.13    Advertise the COARNG branding on Six (6) Instagram Story posts on Colorado Avalanche’s official Instagram (NLT April 14th, 2023)  

5.2.14    Advertise the COARNG branding on Six (6) Twitter posts on Colorado Avalanche’s official Twitter Account (NLT April 14th, 2023)  

5.2.15    Advertise the COARNG branding on Six (6) Avalanche’s official Tik Tok account (NLT April 14th, 2023)  

5.2.16    One (1) 24 Hour Pop up modal on Colorado Avalanche’s official website (NLT April 14th, 2023)  

5.3 Marketing Services – The contractor shall provide the following marketing services related to the Denver Nuggets

5.3.1 One (1) Season Long Lead Generation Campaign for the Denver Nuggets, presented by Colorado National Guard

5.3.2    After KSE runs a contest through their company Facebook site, KSE shall report all names and phone numbers from the contest quarterly, within 3 business days after the contest campaign ends. The COARNG shall provide a Campo CSV format for KSE to deliver the results (NLT April 14th, 2023)
5.3.3    Six (6) boosted and geo-targeted Facebook posts, one each month of the season, targeted to demographics agreed to with the COARNG. Will post on Denver Nuggets’ official Facebook (posted no later than (Starts Sept 25th, 2022 and runs through May 23rd, 2023)

5.3.4    250,000 banner ads on desktop and mobile apps. Ad impressions on www.nhl.com/denvernuggets (runs through May 30th, 2023)

5.3.5    One (1) dedicated email blast to Nuggets fans (NLT May 30th, 2023)

5.3.6    Two (2) content inclusions in regular-season e-newsletters for Denver Nuggets (must occur NLT May 30th, 2023) 

5.3.7    Six (6) banner ad inclusions in Denver Nuggets Alerts during the season promoting the Colorado National Guard (must occur NLT May 30th, 2023)

5.3.8    Two (2) Email banner ads in Denver Nuggets e-blast (must occur NLT May 30th, 2023)

5.3.9    After KSE runs a contest through their company Facebook site, KSE shall provide all names and phone numbers from the contest entries. The Guard shall provide a Campo CSV format for KSE to deliver the results. (NLT April 14th, 2023)  

5.3.10    Advertise the COARNG branding on Six (6) Instagram Story posts on the Denver Nuggets’ official Instagram (must occur NLT May 30th, 2023)

5.3.11    Advertise the COARNG branding on Six (6) Twitter posts on Denver Nuggets’ official Twitter Account (must occur NLT May 30th, 2023)

5.3.12    Advertise the COARNG branding on Six (6) Denver Nuggets’ official Tik Tok account (must occur NLT May 30th, 2023)

5.3.13    One (1) 24 Hour Pop up modal on Denver Nuggets’ official website (must occur NLT May 30th, 2023)

5.4    (1) Highschool Football broadcasts on Altitude TV (NLT November 1st, 2023)  

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

Publication
(Chapter/Page)    Date of Publication    Mandatory or Advisory    Website
Federal Acquisition Regulation             https://www.acquisition.gov/?q=browsefar
Defense Federal Acquisition Regulation Supplement             http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html or https://www.acquisition.gov/dfars
Joint Travel Regulation (JTR)            https://www.defensetravel.dod.mil/site/travelreg.cfm
DoDM 1000.13-M-V1 
DoD Identification (ID) Cards
(Enclosure 2, paragraph 3.b)    01/23/2014
(Change 1: 07/28/2020)        http://www.esd.whs.mil/Directives/issuances/dodm
Federal Information Processing Standards  (FIPS) Publication 201-2 
Personal Identity Verification (PIV) of Federal Employees and Contractors 
(paragraph 9)    August 2013        http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf

DoDM 5200.2 Procedures for the DoD Personnel Security Program (PSP)        04/03/2017        https://www.esd.whs.mil/Directives/issuances/dodm/

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

Homeland Security Presidential Directive (HSPD)-12
Policy for a Common Identification Standard for Federal Employees and Contractors    08/27/2004        https://www.dhs.gov/homeland-security-presidential-directive-12
DoDI 5400.11 
Department of Defense Privacy and Civil Liberties Programs    01/29/2019
        https://www.esd.whs.mil/Directives/issuances/dodi/

DoD 5400.11-R
 Department of Defense Privacy Program    05/14/2007         https://www.esd.whs.mil/Directives/issuances/dodm/
DoDD 8140.01
 Cyberspace Workforce Management    
10/05/2020        https://www.esd.whs.mil/Directives/issuances/dodd/

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

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

6.1 Applicable Forms: Forms applicable to the PWS are listed below:

Form    Date    Website
DD 1172-2
Application for Identification Card/DEERS Enrollment
Mar 2017    http://www.dtic.mil/whs/directives/forms/index.htm
I-9
Employment Eligibility Verification    10/21/2019
    https://www.uscis.gov/sites/default/files/files/form/i-9.pdf

DD 441
Department of Defense Security Agreement    Feb 2020
    http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm
DD 250
Material Inspection and Receiving Report    Aug 2000    https://www.esd.whs.mil/Directives/forms/dd0001_0499/ 

TECHNICAL EXHIBIT 1
Performance Requirements Summary (PRS)

This PWS includes social media and print advertising for the entire duration of the NHL’s Colorado Avalanche and NBA’s Denver Nuggets seasons. The advertising “packages” begin in September (pre-season) and contain requirements that run through the end of the season (May). Both packages must be contracted no later than (NLT) each September to prevent interruptions during the season. 
This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

Performance Objective    Performance Standard    Acceptable Quality Levels (AQL)    Surveillance Method / By Whom
5.2 – Marketing Services – Colorado Avalanche
    The contractor shall provide marketing services related to the Colorado Avalanche for the entire season as defined in 5.2.1 through 5.2.16.    95%.    Periodic review by government point of contact.
5.3 – Marketing Services – Denver Nuggets
    The contractor shall provide marketing services related to the Colorado Avalanche for the entire season as defined in 5.3.1 through 5.3.13.    95%    Periodic review by the government point of contact.
5.2.7 and 5.3.2 Contest names and numbers    KSE shall report all names and phone numbers from the contest entries quarterly within 3 business days    100%    Periodic review by the government point of contact.
5.4 – Marketing Services – Altitude TV
    The contractor shall broadcast on Altitude TV promoting the COARNG for one (1) high school football game (NLT November 1st, 2023)      100%    Periodic review by the government point of contact. 

TECHNICAL EXHIBIT 2

Deliverables Schedule

 PWS Reference / Deliverable Title    Frequency    Number of Copies    Medium/Format     Submit To
5.2.7

The Colorado National Guard shall provide a Campo CSV format for KSE to deliver the results. (NLT April 14th, 2023)    1    1    CSV format provided by COARNG    KSE
5.2.7
KSE shall report all names and phone numbers from the contest entries    24    1    CSV    COR