Department of the Navy, United States Marine Corps | Published December 23, 2014 - Deadline January 16, 2015
C3.8.2 The Contractor shall implement the following advertisement review process, when directed, if it is determined by the Commanding Officer or the PAO as the designated representative, that the Publisher-only review is not sufficient to ensure compliance with regulations and provisions of this contract governing advertising. The Contractor shall provide laid out copies of all advertisements by 10 a.m. the Tuesday before publication to ensure compliance with advertising provisions in this section and applicable in any case. If any advertisements are identified that are contrary to these provisions, the PAO shall request that the contractor delete any such advertisements. If the Publisher prints the issue containing the objectionable advertisement(s), the Commander may prohibit distribution of the Windsock in accordance with DoD Directive 1325.6.
C3.8.3 SERVICES EXCLUDED/PROHIBITED PRACTICES.
C188.8.131.52 The Contractor and his subcontractors, affiliates, employees, sales representatives and agents, in the conduct of business concerning the Windsock newspaper, shall not:
C184.108.40.206 Represent in any manner, expressly or by implication, that advertisements published as a result of this contract are approved or endorsed by an element of the United States Government. Any advertisement, including cents-off coupons, by the Contractor, which refers to a military resale activity, shall contain a statement that the advertisement was not paid for or sponsored, in whole or part, by the particular activity.
C220.127.116.11 Publish advertisements for alcohol or tobacco.
C18.104.22.168 Publish advertisements which incorporate a Marine Corps emblem. However, this prohibition shall not preclude the use of other Marine Corps related graphics.
C22.214.171.124 Publish advertisements for lewd and lascivious materials or activities (e.g. X-rated movies or movie houses); this includes veiled references to such activities.
C126.96.36.199 Publish advertisements for off-limit establishments. A list of off-limit establishments may be obtained from the PAO.
C188.8.131.52 Allow the use of advertisement for gambling, lotteries, raffles, bingo or other games of chance conducted by a commercial organization whose primary business is conducting lotteries. (Notices of such activities shall not be included in announcements or other editorial matter not of a news nature.) Bingo games and lotteries conducted by a commercial organization whose primary business is conducting lotteries may not be advertised in the CE publication. Non-lottery activities (e.g., dining at a restaurant or attending a musical performance) of a commercial organization whose primary business is conducting lotteries may be advertised in the civilian enterprise newspapers. Exceptions are allowed for authorized State lotteries, lotteries conducted by a not-for-profit organization or a governmental organization or conducted as a promotional activity by a commercial organization and clearly occasional and ancillary to the primary business of that organization. An exception also pertains to any gaming conducted by an Indian tribe under 25 U.S.C. 2720.
C184.108.40.206 List Marine Corps "Official Business" telephone numbers in any advertisements.
C220.127.116.11 Publish advertisements employing discrimination against any person because of race, religion, national origin, age, color, or sex.
C18.104.22.168 Publish political advertisements. The newspaper(s) shall not contain campaign news, partisan discussions, cartoons, editorials, or commentaries dealing with political campaigns, candidates, or issues. The newspaper(s) shall not carry paid political advertisements for a candidate, party, or which advocate a particular position on a political issue. This includes those advertisements advocating a position on any proposed DoD policy or policy under review.
C22.214.171.124 Enter into any exclusive advertising agreement with any firm, broker, or individual for the purpose of selling advertising associated with this contract.
C126.96.36.199 Use names, initials, rank or rate, or unit of military personnel appearing in testimonial advertising.
C188.8.131.52 Carry any advertisement that violates or rejects DoD equal employment opportunity policy.
C184.108.40.206 Use any manipulative, deceptive or fraudulent device, scheme or artifice, including misleading advertising and sales literature.
C220.127.116.11 Enter into unauthorized or restricted areas.
C18.104.22.168 Represent or permit him to be represented to the public as an agent or employee of the Government.
C22.214.171.124 Sell or remove any property, which is owned by the Government and is used in the operation of this contract.
C126.96.36.199 Knowingly and/or willfully violate the Truth-in Lending Act or any other unethical practices.
C188.8.131.52 Subscribe, even at no cost, to a commercial or feature wire or other service whose primary purpose is the advertisement or promotion of commercial products, commodities, or services.
C184.108.40.206 Publish any material that implies that the DoD Components or their subordinate levels endorse or favor a specific commercial product, commodity, or service.
C220.127.116.11 Publish advertisements from establishments that engage in predatory loan practices including but not limited to those businesses offering payday loans, refund anticipation loans, car title loans, and loans with an effective annual interest rate exceeding 36 percent. Prior to agreeing to publish a proposed advertisement, the Publisher shall make reasonable inquiry to determine if the advertisement violates MCIEAST predatory lending policy. If any question whatever exists as to the advertisement's viability under MCIEAST policy, the Publisher shall consult with PAO/SJA MCAS Cherry Point prior to publication. In circumstances where the Publisher is already contractually bound to a business that has been deemed by Marine Corps Base Camp Lejeune and/or Marine Corps Air Station Cherry Point to engage in predatory lending, the Publisher agrees to cease advertising for such business at the earliest time allowable under the contract (see MCIEAST Commanding General's Policy Letter 007-07).
C3.8.4 The Contractor shall include in the Windsock's masthead the following disclaimer, in no smaller than 6-point: "The Windsock" is an authorized publication for members of the Department of Defense. Content of the Windsock is not necessarily the official views of, or endorsed by, the U.S. Government, the Department of Defense, the U.S. Marine Corps, Marine Corps Air Station Cherry Point, or the Joint Public Affairs Office, Cherry Point, N.C. The appearance of advertising in this publication, including inserts or supplements, does not constitute endorsement by the Department of Defense, the U.S. Marine Corps, or the Publisher, of the products or services advertised. Everything advertised in this publication shall be made available for purchase, use, or patronage without regard to race, color, religion, sex, national origin, age, marital status, physical handicap, political affiliation, or any other non-merit factor of the purchaser, user or patron. The Windsock is published by (Publisher's name), a private firm in no way connected with the Department of Defense, or the U.S. Marine Corps, under exclusive written contract with Marine Corps Air Station Cherry Point, N.C. The editorial content of this publication is the responsibility of the Joint Public Affairs Office. The Windsock is a registered trademark. To address any distribution problems, please contact the (Publisher) at (Publisher phone number)"
In addition to the required advertising information listed above, the masthead must include the following: "The editorial content of this publication is approved by the Marine Corps Air Station Cherry Point Public Affairs Office." Additionally, the names of the Commanding Officer, Joint Public Affairs Officer, and Editorial Staff; the Joint Public Affairs Office address and phone number; and the frequency of publication, method of reproduction and total number of circulation, shall be included in the masthead. The names of the Contractor and employees may be listed separately.
Each story published from an outside source will include the following disclaimer at the end, "This story was provided by an outside source. Comments or questions about this story should be directed to (writer's email address)."
C3.8.5 The Contractor shall notify advertisers of the requirements stated in the masthead in C3.8.3 above.
C3.8.6 Ad Layouts: The advertising-to-editorial ratio shall not be larger than 60% advertising to 40% editorial copy per single issue. Inserts/supplements will not count against the advertising to editorial ratio, but shall be clearly marked as advertising material and shall be bound by the conditions set forth by this contract. Inserts/supplements are subject to review as noted in Section C3.8.1 and C3.8.2. The Commanding Officer or his representative may limit the number of advertising inserts should they determine that such inserts are excessive.
C3.8.7 The Contractor shall facilitate contemporary modular design of editorial material. Advertising on all pages in all sections will be blocked across the top of the ad block if a horizontal format, or along a vertical line, the length of the page if a vertical format. Ads shall be sold only in 2, 3, 4, and 6-column widths. Ads shall not be horizontally combined to form widths other than 2, 3, 4, and 6 columns. Ads within ad space shall fill the entire ad space. An alley of one (1) pica between ads shall be the standard. All published ads shall be in rectangular form; Purchased ad space must be filled by either enlarging ads or by bordering ads around the perimeter of purchased space. The weight of perimeter borders shall be consistent to within one (1) point of other borders on the page. The PAO or a designated representative may specify advertising layout that prevents awkward ad structures impeding effective text layout and to enhance communication effectiveness of the Windsock.
C3.8.8 The Publisher shall coordinate deadlines for advertising with affected MCAS Cherry Point agencies, including Marine Corps Community Services.
C3.8.9 Commercial advertising and advertising supplements may be included but shall be clearly labeled as advertising and readily distinguishable from editorial content. All advertising shall be solicited by the Publisher with the exception of the "Free Classified Advertisements" outlined in Section C3.8.17. The Publisher and his representatives shall conduct all business operations concerning the newspaper on an ethical and business like basis, dealing honestly and fairly with all advertisers or others inquiring about the Windsock.
C3.8.10 The Contractor shall not subcontract or enter into any exclusive advertising agreement with any firm, broker, or individual for selling advertising associated with this contract.
C3.8.11 The contractor shall not solicit or accept advertising in the name of U.S. Marine Corps, Marine Corps organizations/units/activities, the U.S. Navy, or other component of the Department of Defense.
C3.8.12 The Contractor shall not represent in any manner, expressly or by implication, that items or services purchased or sold under this contract are approved or endorsed by any element of the U.S. Government. Any advertisement, including cents off coupons, by the Publisher, which refers to a military resale activity, shall contain a statement that the advertisement was neither paid for nor sponsored, in whole or in part, by any government organization.
C3.8.13 The Contractor shall not solicit, accept or publish advertising, including inserts and supplements, that: Discriminate in violation of the policy described in C3.8.4; endorse political candidates or parties; advocate a particular position on a political issue; advocate a position on any proposed DoD policy or policy under review; advocate lobbying elected officials on a specific issue; in the Government's opinion are objectionable or obscene in nature; reflect adversely upon the Government of the United States or any of its components; advertise for establishments declared "off limits" by the command (list provided by the command); imply Department of Defense or Marine Corps endorsement of any product, commodity or service; are contrary to law or to DoD or Marine Corps regulations; in the Government's opinion pose a detriment to the mission and performance, morale, welfare and discipline of the command, DoD personnel, or their family members; contain the DoD, Marine Corps or other service emblem without written permission; glamorize the use of alcohol and/or tobacco; do not carry a clear statement of the total cash price of products/services and credit terms offered; advertise for bingo games or lotteries conducted by a commercial organization whose primary business is conducting lotteries (postal regulations highlight exceptions); and other restrictions as deemed appropriate by the Marine Corps/command.
C3.8.13 The Contractor shall refuse to print advertising from an advertiser if there is confirmation that an advertiser has violated or rejected the equal opportunity policy in C3.8.4 above, until the violation is corrected.
C3.8.14 Advertising by any section shall not be run sideways nor upside down to attract attention unless approved by PAO.
C3.8.15 The Windsock editor shall have the option of adding the word "ADVERTISEMENT" to any ad he or she determines to be similar in appearance to editorial content. If purchase space does not allow room for the word "ADVERTISEMENT," the editor shall have the option of adding editorial space to the ad to fit the word "ADVERTISEMENT."
C3.8.16 The Publisher may, at its discretion, publish an advertising insert weekly in the Windsock. The insert shall be clearly marked as advertising material and shall be bound by the conditions set forth in this contract. Permission for this insert may be withdrawn at any time and for any reason by the PAO. Subject matter for the insert is subject to the approval of the PAO.
C3.8.17 FREE CLASSIFIED ADVERTISING. The Contractor shall provide free classified advertising consistent with the following policy: (1) Active duty or retired military personnel from all branches of the Armed Forces and their bona fide dependents may have advertisement published free in the Windsock if the ad does not exceed twenty (20) words, if the ad is not a commercial venture or business and cannot be easily misinterpreted as paid advertising; (2) DoD Civil Service employees shall receive a twenty five (25) percent discount from the fee schedule on all classified advertising subject to the above policy limitations. (3) The Publisher shall accept free classified ads until noon each Monday for publication in that week's newspaper, or later if the Publisher chooses; (4) The Publisher shall provide an e-mail account where the Windsock staff can send all electronic ads sent to the MCAS Cherry Point website; (5) The Publisher shall replenish the supply of blank ad forms as needed.
C3.9 MISCELLANEOUS RESTRICTIONS:
C3.9.1 The Publisher shall not state or imply, either in copies of the Windsock or on his stationery, forms, billboards, and signs or in any other manner, that the Windsock is an official Armed Services Publication. The name, insignia, seal, emblem, or any other identifying symbol or device of any military component or department shall not be used in any manner to imply or invite the inference that the publication is an official Department of Defense publication.
C3.9.2 Neither military nor civilian employees of the Department of Defense, Department of the Navy, U.S. Marine Corps, or any of their agencies may, with or without compensation, accept employment or gratuities or become connected in any way with a CE Publisher in preparation of the Windsock.
C3.9.3 The Windsock shall not be distributed either as a supplement or insert to any privately produced civilian newspaper or periodical. Privately produced newspapers or publications may not be distributed as inserts to the Windsock.
C3.9.4 Lotteries: Except as authorized by 1307 US Code 18 with regard to state lotteries and the Indian Gaming Regulatory Act, the Windsock if entered in the U. S. Mail System, is prohibited from publishing advertisements or editorial material about "games of chance." Paid advertisements for the lotteries administered by the states of Virginia or Maryland or the District of Columbia may be included in the Windsock in accordance with 1307 United States Code 18.
C3.9.5 No opinion poll, survey, or straw vote on political campaigns, endorsements, candidates or political issues will be conducted for publication in the Windsock. The Windsock will not contain political campaign news, editorials, cartoons, or other items that are partisan in nature and not within the mission of the Marine Corps Air Station and its command information objectives as determined by the Government.
C3.9.6 No commercial enterprise comic or feature supplements shall be inserted and distributed with this newspaper without the approval of the Air Station PAO or a designated representative.
C3.9.7 The Marine Corps and other service emblems may be used by the editorial staff for editorial content only.
C3.9.8 The Publisher shall not print any ad that uses any manipulative, deceptive, or fraudulent device, scheme or artifice, including misleading advertising and sales literature.
C3.9.9 The Publisher shall not print any ad that implies that the DoD components or their subordinate levels endorse or favor a specific commercial product, commodity, or service.
C3.9.10 The Publisher shall not use names, initials, rank or rate or unit of military personnel in testimonial advertising.
C3.10 ADDITIONAL TASKS.
C3.10.1 The Publisher shall maintain, for at least two (2) years, a morgue file of at least 25 copies of each Windsock. The Public Affairs Office will use these as emergency reserve copies for such things as journalism contests. The Publisher shall provide the PAO, at the PAO's discretion, all morgue copies at contract expiration.
C3.10.2 The Publisher shall include in the Windsock, such inserts as provided by the Public Affairs Officer.
C3.10.3 The Publisher shall provide all network connectivity of hardware and Internet connections and verify all units and the entire system is in a production status by the second day of the new contract period.
C3.10.4 The Publisher shall immediately telephone the Public-Affairs Officer when hazardous weather conditions would prevent delivery of the newspaper as specified in the contract.
C3.10.5 The Publisher shall coordinate with the PAO to determine an alternate production schedule and/or size of the Windsock if inclement weather dictates a change. The PAO retains authority to make the final decision on the size and timing of publication and distribution in such instances. In rare instances and in coordination with the Publisher, the PAO retains the right to cancel publication of the paper due to inclement weather or when other significant circumstances dictate.
C3.10.6 DoD newspapers shall support the Federal Voting Assistance Program by carrying factual information about registration and voting laws, especially those on absentee voting requirements of the various States, the District of Columbia, Puerto Rico, and U.S. territories and possessions. DoD newspapers shall use voting materials provided by the Director, Federal Voting Assistance Program, the OSD; and the Military Departments. Such information is designed to encourage DOD personnel to register as voters and to exercise their right to vote as outlined in DoD Directive 1000.4.
C3.10.7 MARKETING. The Contractor shall be responsible for an aggressive and effective marketing plan for the Windsock. This will be done in coordination with a PAO marketing distribution representative for the marketing of the Windsock both on base and in the local community. The Contractor shall be involved with a minimum of 12 marketing venues per year where the Windsock's name is used. These venues will be coordinated with a Contractor representative and approved by the PAO marketing distribution representative. Examples of venues include sponsorships of events, billboards in town, live-feeds with local radio stations, etc. In addition to the marketing plan, the Contractor will be responsible for industry standard placards for Windsock boxes and business cards for immediate Windsock staff.
C3.10.8 ANNUAL SURVEY. The Publisher shall conduct a scientific annual survey in the Windsock and online to evaluate the content, readership demographics and readability once each year. This information will be evaluated at the same time the contract and equipment evaluation commences.
C3.11 DELIVERY AND DISTRIBUTION.
C3.11.1 The Contractor shall print and distribute 50 issues of the Windsock per year. The Public Affairs Office will select two (2) weeks during the year when the Windsock will not be published. Adjustments to the production schedule including publication date will be made for long weekends. On Thanksgiving holiday and when the publication date falls on a holiday, the newspaper will be published on the preceding workday. A list of recognized holidays is furnished in Section C3.15.2.
C3.11.2 The Contractor shall be responsible for complete distribution of all The Windsock publications to civilian subscribers and required military distribution as designated by the PAO. The Contractor shall be responsible for accepting and processing subscriptions to the Windsock.
C3.11.3 The Publisher shall provide newsstands (approximately 60), in the number requested and design approved by the PAO, on or before contract start date. The stands shall be labeled Windsock for the display of the newspaper, The Publisher agrees to replace and/or repair any damaged, destroyed, or lost newsstands at no expense to the Government.
C3.11.4 The delivery and distribution of the Windsock shall be accomplished in such a manner that newsstands will be provided and kept in a neat appearance. Old issues shall be picked up by the Publisher and returned to the Publisher's site for recycling.
C3.11.5 The Publisher shall deliver by 6 p.m. each Thursday a total minimum of 11,500 copies of the Windsock to the following locations:
C18.104.22.168 Racks, boxes and other locations listed in Attachment 1. Delivery to all racks indoors, regardless of location, shall be made when the establishments are open so that newsstands inside such establishments can be serviced. Old papers shall be removed by the delivery truck for recycling, not discarded in MCAS Cherry Point trash receptacles. No papers shall be delivered to buildings and stacked at the door. The delivery person shall uncut the bundle ties from bundled newspapers and place the papers neatly in the racks.
C22.214.171.124 To each set of family quarters on and off Marine Corps Air Station Cherry Point, as well as any other locations as specified by the PAO. For single-family homes, these copies shall be secured by rubber band or water-proof bags and placed in a neat manner on the porch of each residence. In case of inclement weather, the newspaper shall be covered with protective wrap. Copies shall not be thrown on the sidewalks or in yards. For multi-family apartment buildings, the Windsock shall be placed indoors in the foyer to the building. The Contractor is responsible for the removal of additional copies of the Windsock which are not distributed when requested by the PAO.
C126.96.36.199 The Contractor shall mail, at no cost to the government, up to two hundred (200) copies of the Windsock to various addresses provided by the PAO. The Public Affairs Officer will periodically add or delete addresses from the list by written notice to the Publisher. The Publisher shall make the requested change within one week of notification. The Publisher shall incur the mail and distribution cost consistent with timeliness and applicable postal regulations. The Publisher shall not use Department of Defense postage and fees-paid indicia labels for distribution of copies of the Windsock.
C3.11.6 Quarterly, at 3-month intervals after award of this contract, the Publisher shall provide the JPAO with a report of the distribution numbers of papers at each rack location. The Publisher will adjust distribution numbers as necessary based on the amounts of newspapers left over in newspaper racks.
C3.11.7 The Publisher shall create and utilize a list of returned mailed subscriptions to update the mailing list.
C3.12.1 The Government reserves the right to restrict the employment of any Contractor employee or prospective Contractor employee who violates federal regulations or is identified as a potential threat to the security, safety, health or operational mission of the base and its population. Contractor's employees shall not loiter on or around the base during off-duty hours. The removal of such persons shall not relieve the Contractor from providing all the services described herein.
C3.12.2 The Contractor shall furnish a sufficient number of qualified supervisory, administrative, journeyman and other personnel to accomplish all required contract services. During the performance of this contract, while serving as Windsock representatives in public, Contractor's employees shall wear neat, clean, conservative clothing - attire that is conducive to the PAO environment and its dealings with the general public. Employees shall be identified by having company and employee name on or attached to their clothing. To meet this requirement, the Contractor shall furnish tags or badges for the employees at Contractor's expense.
C3.12.3 Contractor Liaison/Quality Assurance Manager. The Contractor shall provide a Contractor Liaison/Quality Assurance Manager to oversee the performance of the work and the quality of the product and services provided. This individual shall have full authority to act for the Publisher on all matters relating to daily operation of this contract. This individual shall be available during normal duty hours within two (2) hours to meet at the installation with the Government personnel designated by the Contracting Officer to discuss problem areas. After normal duty hours, the liaison shall be available by telephone within one (1) hour to address problem areas with the editorial staff. The liaison must be able to fluently read, write, speak, and understand English.
C3.12.4 Graphic Artist/Layout Design Artist. The Contractor shall furnish one Graphic Artist/Layout Design Artist to perform all lay out functions for the Windsock. The graphic artist shall liaison with the Publisher for the specified pages for the publishing cycle, coordinate layout/advertising pages and ratios and provide final product to Contractor via digital industry standard. The graphic artist/layout design artist shall be trained in the latest versions of Adobe, Photoshop, Adobe Illustrator and Corel Draw. The graphic artist/layout design artist shall be located in the contractor's facility except on Tuesdays as noted in Section C3.5. This person shall be experienced and fully competent in advanced design and layout techniques and editorial planning for a modern newspaper.
C3.12.5 MINIMUM PERSONNEL QUALIFICATIONS.
a. Contractor Liaison/Quality Assurance Manager. This contractor employee shall have full understanding of this contract and possess the ability to act as the Publisher's key person on all issues related to printing the Windsock. This person shall have a minimum of two years' experience as a contract manager publishing a similar publication of this size and possess an understanding of the military protocol and hierarchy.
b. Graphic Artist/Layout Design Artist. The graphic artist shall have at least a 2-year degree in the field of layout/design or a minimum of two years' experience in a related field.
C3.12.6 The Contractor shall train all personnel in Government policies, procedures, and regulations applicable to performing the required services and shall keep all personnel current and familiar with the aforementioned policies (C3.14.2, C3.11 and C3.16).
C3.13 CONFLICT OF INTEREST. The Contractor shall not employ the following personnel:
C3.13.1 Off-duty military personnel cannot be quality assurance personnel.
C3.13.2 An employee of the U.S. Government if the employment of that person would create a conflict of interest.
C3.13.3 An alien who does not have a valid U.S. Immigration Alien Registration Card.
C3.14 SECURITY REQUIREMENTS.
C3.14.1 IDENTIFICATION OF CONTRACTOR'S VEHICLES AND REQUIREMENTS FOR CONTRACTOR EMPLOYEES' VEHICLES. Each vehicle to be used in the performance of this contract shall show the Contractor or subcontractor's name so that it is clearly visible and shall always display a valid state license plate and safety inspection sticker. Contractor or subcontractor vehicle operators shall have a valid driver's license for the category of vehicle operated. Contractor and subcontractor's employees shall have a valid driver's license for privately owned vehicles brought aboard base for commuting purposes. These vehicles shall always display a valid state license plate and safety inspection sticker.
C3.14.2 SECURITY CHECKS. Contractor's personnel or vehicles shall be present only in locations relevant to performance under this contract. Contractor personnel entering the base shall conform to all Government regulations and are subject to such checks as may be deemed necessary to assure that no violations occur. Contractor personnel, including newspaper delivery personnel, who plan to enter the base in service of this contract, will be required to obtain a contractor's badge from Pass & ID at the front gate. Contractor's badges issued at Camp Lejeune are authorized at Cherry Point. Application for this badge will include a Criminal Record Check (CRC), the cost of which will be paid by the Contractor. Attachment 2 is a detailed list of the requirements when this contract was written. These requirements are subject to change pursuant to possible revisions of the base security regulations. No employee shall be permitted on base when a security check reveals that his or her presence would be detrimental to the security of the base. Subject to security regulations, the Government will allow access to an area for servicing equipment or performing required services. Upon request, the Contractor shall submit to the Contracting Officer questionnaires and other forms as may be required for security purposes.
C3.15 HOURS OF OPERATION.
C3.15.1 Normal working hours for the Joint Public Affairs Office is 7:30 a.m. to 4:30 p.m., Monday through Friday except for federal holidays observed by this installation. The Contractor's employees shall perform services during the PAO normal working hours unless hours are adjusted to accommodate a deadline or urgent situation, in which case, the Contractor's employees shall be available to work the flexible hours with PAO personnel. Government and Contractor employees may be required to work more than normal working hours to meet deadlines.
C3.15.2 RECOGNIZED HOLIDAYS. Federal holidays observed by this air station are New Year's Day, Martin Luther King Jr.'s Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. The Contractor is not required to provide service on federal holidays observed by this base unless specifically stated in the contract or mutually agreed upon by the Contracting Officer and the Contractor.
C3.16 CONTRACTOR'S QUALITY CONTROL PROGRAM.
C3.16.1 QUALITY CONTROL. The Contractor shall establish and maintain a complete quality control program to assure the requirements of the contract are provided as specified. The Contractor's Quality Control Plan shall include:
C188.8.131.52 An inspection system covering all the services listed in this contract. It shall specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished, and the title of the individual(s) who will perform the inspections. This shall include monitoring Contractor employees' performance.
C184.108.40.206 The methods for identifying and preventing defects in the quality of service performed before the level of performance becomes unacceptable.
C220.127.116.11 Records of all inspections conducted by the Contractor and necessary corrective action taken. When the Government requests copies of these records, the Contractor shall furnish them within eight (8) work hours. The Government shall have access to these records during the term of the contract.
C18.104.22.168 A method of documenting and enforcing quality control operations.
C22.214.171.124 Methods of communication with the Government regarding quality and contract performance.
C3.16.2 The Contractor's Quality Control Program shall also:
C126.96.36.199 Be structured so that it is not influenced by any other parts of the Contractor's organization.
C188.8.131.52 Have direct accountability to the Contractor's top management.
C184.108.40.206 Contain methods of direct and indirect communication with the Contracting Officer regarding performance of the contract.
C220.127.116.11 Contain processes for corrective action without dependence upon Government direction. Demonstrate method for correcting deficiencies in performance level of employees.
C18.104.22.168 Include a customer comment/complaint program that provides a way for users of the publication to report complaints, suggestions, and or comments/remarks to the Contracting Officer's Representative. The program shall describe and document the manner in which the Contractor shall promptly investigate any customer complaint and respond to the COR, describing and documenting the corrective action which will take place in correcting valid deficiencies and preventing recurrence of the condition causing the deficiency (e.g., inadequate photo tinting, registration and other deficiencies that take away from the quality of the paper). Further, the Contractor shall provide documentation to the COR in response to customer comments/remarks or when implementing recommended suggestions from the customers.
C22.214.171.124 A file of all quality control actions shall be retained by the Contractor and made available to the Government as required. This file shall be subject to Government review at all times during performance of the contract. The file will become the property of the Government and shall be turned over to the Government upon completion or termination of the contract.
C3.17 DOCUMENTS AND REPORTS REQUIRED.
C3.17.1 CONTRACTOR'S QUALITY CONTROL PLAN. In this document, the Contractor shall document his management concept for ensuring compliance with all of the contract requirements. The Contractor's proposed Quality Control Plan is a part of this contract. Any revision to this plan shall be provided to the Contracting officer at least five (5) work days prior to the contract start date and updated thereafter as changes occur.
C3.17.2 CONTRACTOR'S ORGANIZATION AND STAFFING PLAN. This document shall describe the proposed organization, staffing plan and roster of personnel working on or entering the installation to include job title, assignment and work areas. This document is a part of this contract. Any revision to this plan shall be provided to the Contracting Officer five (5) workdays prior to contract start date. After contract start date, all updated changes thereafter shall be submitted on a monthly basis.
C3.18 GOVERNMENT OBSERVATIONS. Other Government personnel such as Inspector General or other higher headquarters staff are authorized to observe Contractor operation. However, personnel may not interfere with Contractor performance. Government observations or inspections will be coordinated through the Contracting Office.
GOVERNMENT FURNISHED PROPERTY AND SERVICES
C4.1 EDITORIAL CONTENT
C4.1.1 The Public Affairs Officer or his representative will have oversight and final approval authority for news, information, photographs, editorials, and other materials used in the Windsock. Authorized news and information sources include the Office of the Assistant Secretary of Defense, Public Affairs (OASDPA), Armed Forces Information Service (AFIS), the Military Departments and their subordinate levels of command, and other government agencies. Commercial news and opinion sources, such as AP, UPI, New York Times, etc. are not normally authorized for use in DoD publications except as stated in DoD Instruction 5120.4. The Windsock may publish community service news, announcements, and imagery of the civilian community for the benefit of command or installation personnel and their families.
C4.1.2 Editorial content shall be based on the following categories prepared by PAO and DOD news-gathering agencies and staff of the Windsock: News release (current events describing Marine Corps and Marine Corps related information and events); Features (personal profile and stories concerning Marine Corps topics more in depth and focused than news stories); Editorials received from individuals and organizations concerning Marine Corps news; Reports provided by specific organizations/activities at MCAS Cherry Point that will be developed into news or features stories. The editorial content will include approved letters to the editor and guest columns. Although the Contractor will be responsible for the collection of content and the layout and design of the Windsock, the PAO will be responsible for proofreading all editorial material of the Windsock and for checking security, accuracy, propriety, and compliance with applicable policy of content. Only those headlines, photographs, news stories, editorials, captions, and any other editorial material approved by the Public Affairs Officer or their designated representative will be used in any edition of the Windsock.
C4.2 RESPONSIBILITY. The Government will not be responsible in any way for the Contractor's supplies, materials, personal equipment or belongings brought into the building or on the grounds to perform services. This includes, but is not limited to, loss or damages caused by fire, theft, hurricane, accident, or other disaster.
C5.1 The Contractor shall receive all proceeds from the sale of advertising for the Windsock. The Publisher shall not be required to share profits nor pay money to the U.S. Marine Corps, or to provide goods and services or considerations not directly related to the Windsock, which the Publisher has contracted to provide. The Publisher agrees to look exclusively thereto for all costs, expenses, and profits.
C5.2 All costs and expenses incurred in preparing, producing, publishing, and distributing the Windsock in accordance with the provisions and requirements as contained herein shall be financed entirely by the Publisher. Those costs include taxes and fees arising from publication thereof. It is expressly agreed that neither the Commanding Officer, his representatives and successors, nor the Marine Corps Air Station shall be liable for any expenses or obligations incurred in publishing or distribution of the Windsock.
C5.3 Neither U.S. Government appropriated funds nor non-appropriated funds shall become due or be paid to the Publisher because of this contract. U. S. Government stationery or other materials shall not be used either to print or distribute the Windsock.
OPTION TO CHANGE FORMAT
C6.1 The government reserves the right to change the format of the Windsock from a Broadsheet to a Tabloid size newspaper at any point during the period of the contract including the option years.
C6.2 The government may exercise the option to change to Tabloid by issuance of a unilateral modification to the contract. The change will be effective 90 days from the date of the modification.
C6.3 All of the sections of this specification contract will apply to the Tabloid newspaper except C3.1.1, C3.3.1 and C3.8.6. Paragraphs C4.6 and C6.5 below replace these previous sections of the specification when this option is exercised to change the format to Tabloid.
C6.4 Paragraph C3.1.1 will be deleted and substituted by the following: The Windsock shall be a Tabloid size newspaper of a size consistent with the editorial needs of the PAO, and maintaining the 60% advertisement to 40% editorial content ratio. The paper will be divided into two parts News and Life & Times. Each of these pages shall be full color and the front page of each section shall have no advertising. At the PAO's discretion, pages 2 and 3 of each section will also have no advertising.
C6.5 The Publisher shall inform all advertisers of the format change prior to selling ads for that issue.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
1001 Destination Government Destination Government
2001 Destination Government Destination Government
3001 Destination Government Destination Government
4001 Destination Government Destination Government
Section F - Deliveries or Performance
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 16-FEB-2015 TO
15-FEB-2016 N/A N/A
1001 POP 16-FEB-2016 TO
15-FEB-2017 N/A N/A
2001 POP 16-FEB-2017 TO
15-FEB-2018 N/A N/A
3001 POP 16-FEB-2018 TO
15-FEB-2019 N/A N/A
4001 POP 16-FEB-2019 TO
15-FEB-2020 N/A N/A
Section G - Contract Administration Data
1.0 CONTRACT ADMINISTRATOR FOR THE GOVERNMENT
a) The following representative of the Contracting Officer shall be contacted for contract administration purposes:
NAME: Oronde Dominique
TELEPHONE: (252) 466-7726 DSN: 582-7726
a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner communicate with contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.
b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and is signed by the Contracting Officer or is pursuant to specific authority otherwise included as a part of this contract.
c) A Contracting Officer for the Marine Corps Installation East (MCIEast) Contracting Office is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding, provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer's. In the event the contractor effects any change at the direction of any person other than a designated Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made.
d) The contact information for the Contracting Officer is:
Name: Christopher W. Poulos
Address: Cherry Point Satellite Contracting Office
PSC Box 8018
Cherry Point, NC 28533-0018
Phone: (252) 466-4038 or (DSN) 582-4038
3.0 CONTRACTING OFFICER'S REPRESENTATIVE (COR)
a) The COR for this contract is: *
b) The COR will act as the Contracting Officer's representative for technical matters, providing technical direction and discussion as necessary with respect to the specification or statement of work, and monitoring the progress and quality of contractor performance. The COR is not an Administrative Contracting Officer and does not have the authority to take any action, either directly or indirectly, that would change the pricing, quantity, quality, place of performance, delivery schedule, or any other terms and conditions of the contract (or delivery order), or to direct the accomplishment of effort which goes beyond the scope of the statement of work in the contract (or delivery order).
c) When, in the opinion of the contractor, the COR requests effort outside the existing scope of the contract (or delivery order), the contractor shall promptly notify the Contracting Officer (or Ordering Officer) in writing. The contractor under such direction shall take no action until the Contracting Officer (or Ordering Officer) has issued a modification to the contract (or delivery order) or has otherwise resolved the issue.
* To be provided at time of contract award.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
1.0 SPECIAL CONTRACT CLOSE-OUT/TURNOVER REQUIREMENTS
1.1 At the conclusion of this contract (termination or end of contract period), the Contractor shall relinquish all data/documentation, accumulated, restore the Government furnished facility to its orginal condition, less normal wear and tear and vacate the premises. Additionally, the Conractor shall relinquish all data/documentation, accumulated for the purpose of assembling the required yearly hardbound volume, to the CPAO upon closeout of the contract termination. (Note: This will not apply if the succeeding contract is awarded to the incumbent Contractor.)
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.204-2 Security Requirements AUG 1996
52.204-7 System for Award Management JUL 2013
52.204-13 System for Award Management Maintenance JUL 2013
52.212-4 Contract Terms and Conditions--Commercial Items MAY 2014
52.222-22 Previous Contracts And Compliance Reports FEB 1999
52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013
52.247-34 F.O.B. Destination NOV 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
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
252.204-7012 Safeguarding of Unclassified Controlled Technical Information NOV 2013
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials SEP 2014
252.243-7001 Pricing Of Contract Modifications DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2014)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).
____ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
____ (ii) Alternate I (NOV 2011) of 52.219-3.
_XX (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (JAN 2011) of 52.219-4.
____ (13) [Reserved]
____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Oct 2001) of 52.219-9.
____ (iii) Alternate II (Oct 2001) of 52.219-9.
____ (iv) Alternate III (OCT 2014) of 52.219-9.
____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
____ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
_XX_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).
____ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)).
_XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
____ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126).
_XX (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
_XX (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
____ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).
____ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
____ (31) 52.222-37, Employment Reports on Veterans (July 2014) (38 U.S.C. 4212).
____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
____ (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of
commercial items as prescribed in 22.1803.)
____ (34)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).