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Museum Media Projects Page 1 of 24 RFP# 13-425-003
Jamestown-Yorktown Foundation P.O. Box 1607, Williamsburg, Virginia 23187-1607
(757) 253-4838 (757) 253-5299 Fax (757) 253-5110 TDD www.historyisfun.org
REQUEST FOR PROPOSAL
RFP # 13-425-003
Issue Date: August 29, 2012
Title: Museum Exhibit Media Projects – New Yorktown Victory Center Museum
Commodity Code: 91506, 91509, 91542, 91582, 96546
Issuing Agency: Commonwealth of Virginia
Jamestown-Yorktown Foundation
Attn: Tonia Darrisaw, VCA, Procurement and Contract Administrator
P. O. Box 1607
Williamsburg, VA 23187-1607
All inquiries for information should be directed to: Tonia Darisaw at (757) 253-7207 or e-mail at
[email protected]. Deadline for inquiries shall be Friday, September 21, 2012.
Sealed proposals will be received until 11:00 am sharp Eastern Time, September 26, 2012 for the furnishing the
goods/services described herein.
It is the responsibility of the Offeror to mail Proposals in time to arrive prior to the closing date and time. In order to ensure proper
delivery of your proposal, Offeror shall identify the OUTSIDE OF THE ENVELOPE with the Proposal Number and Closing Date and
Time.
HAND DELIVER PROPOSALS TO: or MAIL PROPOSALS TO:
Jamestown-Yorktown Foundation Jamestown-Yorktown Foundation
Attn: Tonia Darrisaw, VCA Attn: Tonia Darrisaw, VCA
200 Hawks Nest Road PO Box 1607
Williamsburg, VA 23185 Williamsburg, VA 23187-1607
Museum Exhibit Media Projects Museum Exhibit Media Projects
RFP # 13-425-003 RFP #13-425-003
A MANDATORY pre-proposal conference will be held in Conference Room AB, at JYF Central Support Facility, 200
Hawks Nest Drive, Williamsburg, Virginia (near Water Country, off I-64) at 3:00 PM on Thursday, September 13,
2012. No one will be admitted after 3:10 pm.
In Compliance With This Request For Proposal And To All The Conditions Imposed Therein and Hereby Incorporated by
Reference, The Undersigned Offers And Agrees To Furnish The Goods/Services In Accordance With The Attached Signed
Proposal or As Mutually Agreed Upon by The Subsequent Negotiation.
Name and Address of Firm:
Date:
Signed:
Print Name:
State Corporation Commission ID # Title
FEI/FIN No: Telephone
E-mail: Fax
Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, §2.2-4343.1 or against a
bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in
employment.
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TABLE OF CONTENTS
PURPOSE:.................................................................................................................................. 3
BACKGROUND ........................................................................................................................ 3
STATEMENT OF NEEDS........................................................................................................ 4
EVALUATION AND AWARD CRITERIA ........................................................................... 9
MANDATORY PREPROPOSAL CONFERENCE ........................................................... 111
GENERAL TERMS AND CONDITIONS ............................................................................ 11
SPECIAL TERMS AND CONDITIONS .............................................................................. 18
PRICING SCHEDULE ....................................................................................................... 1120
Attachment A – Confidentiality Statement
Attachment B- Contractor Data Sheet
Attachment C – Small Business Subcontracting Plan
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1. PURPOSE: The purpose and intent of this formal Request for Proposals is to establish a contract with one
qualified Offeror, herein referred to as “Contractor”, that can provide media services to the Jamestown-
Yorktown Foundation, an Agency of the Commonwealth of Virginia, herein referred to as “JYF”.
1.1. Definitions
1.1.1. Agency shall mean the Jamestown-Yorktown Foundation, which administers the Jamestown
Settlement and Yorktown Victory Center.
1.1.2. Contractor shall mean the person; firm or corporation named as such in the agreement and includes
the plural number and the feminine gender when such are named in the agreement as the
Contractor.
1.1.3. Subcontractor and/or sub-consultant shall mean only those having a direct contact with the
Contractor and it includes one who furnishes material worked to a special design but does not
include one who merely furnishes material so not worked.
1.1.4. The term Notice shall mean all written notices, demands, instructions, claims, approvals and
disapprovals required to obtain compliance with the contract requirement. Any written notice by
either party of the contract shall be sufficiently given if delivered to, or at the last known business
address of, the person, firm or corporation constituting the party to the contract, or to his, their or its
authorized agent, representative, or officer, or when enclosed in a postage prepaid envelope
addressed to such last known business and deposited in a United States mailbox.
1.2. Small Business Policy Statement: The Agency encourages the competition and participation of DMBE-
certified small businesses in this Request for Proposals (RFP). All are encouraged to participate. The
Commonwealth requires offerors to provide for the participation of small businesses and businesses
owned by women and minorities through partnerships, joint ventures, subcontracts or other contractual
opportunities (see Attachment C, Small Business Subcontracting Plan and Special Terms and Conditions
8.8 for more information).
2. BACKGROUND: The Jamestown-Yorktown Foundation, accredited by the American Association of
Museums, is an educational institution of the Commonwealth of Virginia and administers two living-history
museums. Jamestown Settlement interprets the cultures of 17th-century colonial Jamestown, while the
Yorktown Victory Center interprets, through both indoor and outdoor exhibits, the impact of the American
Revolution on the people of America and the development of the new nation.
2.1 Description of the Project
JYF is currently constructing a new museum building at the Yorktown Victory Center. Upon completion
the site will be renamed the American Revolution Museum at Yorktown (ARMY).
The work of this project is the planning, scripting, shooting various media, audio components, graphic
design, production and editing, and final installation of media elements for the museum galleries scheduled
to open in 2015. The exhibition traces the beginnings of the American Revolution through the war, and into
the formation of the new nation, during the period of 1760-1800. Bidding, award, procurement and contract
management will follow Virginia commonwealth government processes.
Gallery fabrication, equipment procurement and installation shall be contracted separately under state
contracts.
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Staff liaisons:
Project manager/contract coordinator will be Heather Hower.
The JYF curator is in charge of all media content, historical accuracy and graphic sources.
3. STATEMENT OF NEEDS
3.1 PROPOSED SCHEDULE AND GENERAL REQUIREMENTS
3.1.1 Exhibition Schedule Outline (proposed):
A. Exhibit design firm on contract since 2009.
B. Exhibit drawings complete; submit to BCOM for review January 2013
C. Construction of the museum building complete February 2014.
D. Scripting media components January 2013
E. Filming commences September and October 2013. (Siege of Yorktown was mid- October, 1781.)
F. Computer effects, editing, reviews, and programming during 2014
G. Installation of the AV projects begins February 2014
H. Exhibit completed in late June, grand opening proposed for July 2015
3.2 GENERAL REQUIREMENTS
The media planning thus far has been designed by the overall exhibit design firm Gallagher and Associates
(G&A) Silver Spring, MD with their subcontracted AV media planners: computer interactive by Second
Story, Siege Theater by Cortina Productions, and short films and gallery audio projects by GTOO. (These
firms are also eligible to bid.)
Productions must be consistent in colors, typography and credits with the exhibition design by the G&A
who will provide specifications.
Treatments have been developed over 4 years, meet gallery goals and Virginia Standards of Learning; there
shall not be divergence of existing plans unless financial considerations require reduction.
All text and program content (illustrations, sources, etc.) shall be provided by JYF. Scripts and production
steps shall be approved by JYF curatorial staff. Sufficient time (2 weeks to1 month) must be allocated for
Agency reviews of key submissions.
Media Treatments have been prepared and are available by emailing procurement officer Tonia Darrisaw,
[email protected], for a disc to be sent to your firm.
These media treatments are the intellectual property of the Commonwealth of Virginia and as such are legally
protected from copying and distribution to other entities for any purposes not related to bidding this project. Prior
to release of media treatments, potential offerors must complete the confidentiality Statement (Attachment A)
3.3 THE COMPONENTS REQUIRED INCLUDE
A. 5 gallery audio programs (2 period music, 2 environments, and 1 personal story voice audios),
repeating loops approximately 3 minutes each
B. 7 short film programs (3 mini-theaters, 4 gallery monitor/screens)
C. Short films (inside computer programs)
D. 1 multimedia theater program on The Siege of Yorktown- with 8-minute movie, shot in high
definition (2014 industry standard) one effect includes a moving projector. There will be additional
coordination of specialty time-sequenced lighting (by others), seats moving, smoke and spray
special effects.
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For bid negotiation purposes, please break out the media into Categories:
1) Short Films and projections,
2) Siege Theater and
3) Audio components–sound scapes, for wands, narrators for Personal Stories
AV Software Production checklist
Request Media Treatments disc for details
1.06 Economics of British America, Wharf Soundscape
2.1.2 Colonials re-think relationship, film, Mini-theater
3.1.1 Voices of Battle, military accounts, audio wands
3.1.1 Voices of Battle, ambient sound, diorama
3.2.1 Liberty Songs and Toasts, audio program
3.3.1 First Great Victory, film, mini-theater
3.3.2 French military music, ambient sound
3.4.2 Print shop, short film, window program
3.11 Personal Stories Audio recording: 1) 30 seconds of
narrator, and 20) 15 seconds of actors
3.7.1 Siege Theater experiential multi-media theater
5.1.1 Creation of Constitution, film, mini-theater
5.3.1&2 Ribbon projections
6.01 Welcome to Outdoor Exhibit, film, post gallery
AV Rights and Reproductions Allowance
Also on the Treatments disc is the section of the Alcorn McBride Digital Video Player Manual that addresses video
(and audio) file formats and how the programs are uploaded on to the players.
3.4 SPECIFIC REQUIREMENTS
The Media Contractor shall provide the following:
3.4.1 Plans, schedules, scripts, storyboard and shot list, locations proposals, budgets and other planning
documents appropriate to approval of the progress of the project.
3.4.2 Proposed pay schedule, tied to key receivables of the project.
3.4.3 Meetings at agency not less than every 3 months for the duration of the project, and may also
include conference calls and location scouting.
3.4.4 A written record to the Agency after each visit to the site indicating the date, time of day, and the
names of the persons who participated in the record, and shall advise the Agency of decisions made
and any problems that were noted. Thorough notes and meeting minutes by the media production
firm will assist the owner in clarifying and enforcing decisions.
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3.4.5 Coordination and cooperation with exhibit design firm and their consultants, fabricators, lighting
and media equipment installers and programmers.
3.4.6 Period costumed actors- the Contractor shall coordinate productions so as to keep key actors
consistent throughout the projects. These elements shall also coordinate with the museum’s
introductory film using some of the same actors: George Washington, Thomas Jefferson, Benjamin
Franklin and James Madison for cohesive storytelling.
3.4.7 JYF and the Commonwealth of Virginia own the copyright to the film and will have the exclusive
right to show, copy and sell the films- in part or in entirety; data re-use in programmatic elements,
online resources and marketing use. JYF, as exclusive owner, requires the delivery of all the raw
footage as well for potential reuse. Media Contractor shall secure broadcast and reproduction rights
from actors in the film. All actors’ contracts must include this requirement prior to commencing
shooting.
3.4.8 High-quality graphics and illustrations- to include but not limited to Photo-shopped images,
silhouettes, period maps and strategy features. Graphic designs shall coordinate with the gallery
typography - to include such work as for titles, and credit pages. Also Open and Closed Caption
files must be coordinated.
3.4.9 Recreated scenic shots and action photography with segments of period war-like action using
weapons and costumed actors. See CD for treatments. Whether by green screen or other methods,
the short films should have period scenics and realistic style- 1) Colonials Rethink Relationship, 2)
The First Victory at Saratoga, 3) Siege of Yorktown, and 4) Creation of the Constitution. The
“Transition to Outdoor” film shall be contemporary. Saratoga and Siege of Yorktown shall include
at least half the movie with re-enactors and battle scenes. The other 2 movies will have actors and
small groups in debate at historic locations.
3.4.10 Deliverables will include the storyboard, script, printed graphics for process review, digital raw
footage, back up hard drives, coded file and backups to be uploaded onto the equipment, and
coordination of operations. Open and Closed Caption for proofing.
3.4.11 While the Introductory Film making (for use in the Lobby Theater) has not yet been procured, a
consultant has conducted research, outlined the film concepts and locations. Possible cross use of
footage and actors may be required between the media projects and the Introductory Movie.
3.4.12 Costumes require curatorial approval before the shooting commences, or final illustrations are in
production.
A. Costuming assistance by agency Jamestown-Yorktown Foundation (JYF) has weapons and staff to fire them at reasonable cost to the
contractor. JYF can provide the current costume inventory, plus what can be recalled from JYF
interpretive staff. Costume count depends on size. Most cost effective strategy is to select
volunteers who fit into the period style clothing- in sizes less than 40” chest and 36” waist. Seek
smaller people- if actors do not fit the clothing; as clothing does not have to fit perfectly. Basting
and pinning may alter garments for short duration.
B. JYF Costume Inventory
Military Clothing: 20 in Continental Regimental Coats, 20 in Hunting Shirts, 2 British, 2 French
Women’s Clothing: 20 Lower Class, 20 middling, 4 Upper Class
Men’s Civilian Clothing: 8 Middling, 2 Upper Class
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C. Other suggestions Contractor/JYF would send out invitations to individuals, not whole units of
re-enactors on the peninsula. JYF staff has cooperative relationships in regard to resources- such as
Colonial Williamsburg and Virginia War Museum. Resources also include Lionheart Films, a
Richmond-based film company that has properly sized and clothed actors with whom they work.
Staff to perform as actors will be paid from the contractors allowance for personnel.
3.4.13 Provide all arrangements for projects’ locations. Suggest that Colonial Williamsburg may provide
some options for scenes.
3.4.14 Digital special effects as required, and indicated in treatments.
3.4.15 Editing at key points to be approved by JYF. Provide 5 disc copies with PC-based formatting for
agency approvals, or media uploaded in an industry standard format to a review site that JYF staff
may easily access.
3.4.16 Acquisition of reproducible graphic images for use in the productions from sources identified by
the Agency along with all the necessary consents, rights and permissions for their use; the
procurement of said consents, rights and permissions by the Contractor shall be documented to the
Agency’s satisfaction. The Contractor shall pay all costs associated with acquisition of the images
and the attainment of the necessary consents. The Agency suggested allowance for this portion of
the project is not to exceed $10,000; these partial and periodic payments will be paid when the
rights documentation and fees has been submitted to the Agency project manager.
**Before acquiring rights, check with G&A to assure that they have not already gotten the rights
for use in another medium.
3.4.17 The filming, audio and production of all components must be completed and programming
coordinated with equipment installation. Installation shall take place during the spring of 2015 and
coordinates with the fabricators’ contract (that begins in 2013.)
3.4.18 The contract proposal shall be all inclusive. All reimbursable expenses should be included as an
allowance for travel, phone, per diem shall be included in the proposal.
No additional fees will be considered by Agency after contract is awarded.
3.5 PROJECT DELIVERABLES
3.5.1 JYF/YVC staff will review media quarterly as scheduled. Review will take 2-3 weeks depending on
the level of management required for key milestones.
3.5.2 The milestones include - storyboard, script draft and approved final, printed graphics for curatorial
review. On site review by curator during shooting. Film review during post production prior to
completion.
3.5.3 JYF review of Open Captions text prior to installation.
3.5.4 Digital raw footage, back up hard drives, coded file and backups to be uploaded onto the
equipment, and coordination of operations.
3.5.5 Letters to assure the JYF has Reuse Rights to: images, actors, music rights, and if reusing other
available film footage. Copies of film site contracts and other necessary approvals.
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4. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS
4.1 GENERAL REQUIREMENTS
4.1.1 RFP Response In order to be considered as qualified for selection, offerors must submit a
complete response to this RFP. One signed original, marked as such, and five (5) copies of each
proposal must be submitted to the Agency. No other distribution of proposals shall be made by the
offeror.
4.1.2 PROPOSAL PREPARATION
A. Proposals shall be signed by an authorized representative of the offeror. All information requested
should be submitted. Failure to submit all information requested may result in the Agency
requiring prompt submission of missing information and/or giving a lowered evaluation of the
proposal. Proposals that are substantially incomplete or lack key information may be rejected by
the Agency at its discretion. Each proposal will be independently evaluated by members of a
committee, thus any attachments or sample portfolios must be submitted in multiples of five.
B. Proposals should be prepared simply and economically providing a straightforward, concise
description of capabilities to satisfy the requirements of the RFP. Emphasis should be place on
completeness and clarity of contents.
C. Each copy of the proposal should be bound in a single volume where practical. All documents
submitted with the proposal should be bound in a three-ring binder. Spiral wire binding, comb
binding etc. may be rejected. The ORIGINAL copy of the proposal must be marked as such.
One copy of the RFP must be signed and returned.
D. Oral Presentation: Offerors who submit a proposal in response to the RFP may be required to give
an oral presentation of their proposal to the Agency. This will provide an opportunity for the
Offeror to clarify or elaborate in the proposal but in no way change the original proposal. The
Agency will schedule the time and location of these presentations. Oral presentations are an option
of the Agency and may not be conducted. Therefore, proposals should be complete
4.1.3 SPECIFIC REQUIREMENTS
A. Proposals should be as thorough and detailed as possible so that the Agency may properly evaluate
your capabilities to provide the required services. Offerors are required to submit the following
items as a complete proposal:
1) One original and five copies of the proposal. The original must be marked as such.
2) The return of this complete RFP signed and filled out as required. Only one signed copy is
required.
3) A written narrative statement including the Contractor’s understanding of the work to be
performed under the contract, and the Contractors understanding of the contract needs.
4) All information requested in the following “Evaluation and Award Criteria” section.
4.1.4 The prospective bidder must demonstrate that they have the expertise, experience, personnel,
and resources necessary to meet the requirements of the work. The offeror is advised to submit
any information which documents successful and reliable experience in creating high-quality
media components for museums. Such information must include, but is not limited to:
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A. Past Projects- Documentation of at least three (3) high-quality museum AV projects completed
within the last five years for a budget of over $500,000.
B. The submittal should include past work:
1. DVD of completed installation, media samples of relevant past work.
2. Description of offeror’s scope of responsibilities for those projects
3. Original and final budget and schedule summaries
4. List of key personnel of those projects
5. Names and contact information for no less than three museum client references associated with
each of these similar projects – historical movies and audio sound scapes (total 6 references.) It
is acceptable to list references for any subcontractors that will be working on this job with you.
4.1.5 FOR THIS PROJECT ONLY
A. Resumes of key personnel - those who are actually proposed for this project, including project
manager, graphic production supervisor, film director and photographer(s), audio technician for the
studio components, and site installation supervisor(s.)
B. List of key subcontractors for functions not employed by offeror, and their key staff that would be
assigned.
C. Typical project organization chart and project management narrative
D. Listing of AV capabilities and equipment for production
E. Bonding capacity
F. Upon acceptance- EVA registration, and DMBE qualification form
Bidders must demonstrate that they have the expertise, experience, personnel, and resources
necessary to meet the requirements of the multimedia work.
5. EVALUATION AND AWARD CRITERIA
5.1. Evaluation of Proposals- Proposals shall be evaluated by the Agency’s committee using the
following Criteria:
A. Qualifications and experience of the offeror for projects of a similar size, complication, scope,
cost, aesthetic value and features as those required on this project. Size of firm relative to size of
project. (up to 10 points)
B. Expertise, experience and qualifications of the offerors project team for providing the services
described in this RFP based on resumes, which include making historical films, multi-media
experience, project management and engineering.
(up to 10 points)
C. Experience and ability to produce historical films with coordinated, mechanical multi media.
(up to 10 points)
D. Experience and ability to produce quality military films showing battle scenes using costumed live
actors. (up to 10 points)
E. Expertise, experience and qualifications of consultants for multi-media AV programs, proposed for
providing the services described in this RFP. Examples of complex exhibits featuring dynamic
programming, using technology, with short explanations of how they work. Examples of complex
AV systems, especially those with 4-D qualities.
(up to 15 points.)
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F. Experience in coordinating multiple subcontractors for similar AV/computer projects. Project
manager’s experience. (up to 10 points)
G. Expertise, experience and qualifications of Contractor’s consultants or subcontractors, such as
soundscape audio environments, graphics proposed for providing the services described in this
RFP. Experience and ability to coordinate graphics and computer media into historical programs
and within exhibitions. (up to 5 points)
H. Examples of previous similar projects that demonstrate the offerors ability to conform to strict
schedules, work with fabricators and meet deadlines. References indicate cooperative, productive
relationships; projects kept within budget and schedules. This should include current and projected
work load with a demonstrated plan to complete the work in a timely manner.
(up to 10 points)
I. Use of small business and businesses owned by women and minorities (SWAM) as consultants,
subcontractors, suppliers or support services, Attachment B.
(up to 10 points)
J. Financial responsibility as evidenced by the Contractor carrying Professional Liability Insurance.
(up to 10 points)
K. Not to exceed Cost of entire project, broken down as requested in this RFP. This should include a
proposed progress payment schedule for the three components of the project- short films, multi
media movie, and audio components. (up to 20 points)
5.2 NEGOTIATION AND AWARD. Selection shall be made of two or more Offerors deemed to be fully
qualified and best suited among those submitting proposals based on the evaluation factors included
in the Request for Proposals, including price, if so stated in the Request for Proposals. Negotiations
shall be conducted with the Offerors so selected. Price shall be considered, but need not be the sole
determining factor. After negotiations have been conducted with each Offeror so selected, the
Agency shall select the Offeror, which, in its opinion, has made the best proposal and shall award a
contract to that Offeror. The Commonwealth may cancel this Request for Proposal or reject
proposals at any time prior to its award, and it is not required to furnish a statement as to the reasons
why a particular proposal was not deemed the most advantageous (Section 11-65D, Code of
Virginia). Should the Commonwealth determine in writing, and in its sole discretion, that only one
Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under
consideration, a contract may be negotiated and awarded to that Offeror. The award document will
be a contract incorporating by reference all the requirements, terms and conditions of the solicitation
and the Contractor’s proposal as negotiated
5.3 Rejection of Proposals. The Agency reserves the right to reject any or all proposals received. Non-
acceptance of a proposal means that one or more others were deemed more advantageous to the
Agency or that all proposals were rejected.
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6. MANDATORY PREPROPOSAL CONFERENCE
A mandatory pre-proposal conference will be held on Thursday, September 13, 2012 at 3:00 PM. in
Conference Room AB at JYF Central Support facility, 200 Hawks Nest Drive (near Water Country, off I64.)
The purpose of this conference is to allow potential offerors an opportunity to present questions and obtain
clarification relative to any facet of this solicitation. Bring a copy of this solicitation with you. Any changes
resulting from this conference will be issued in a Written Addendum to the solicitation issued by Tonia
Darrisaw, the procurement officer. Written questions shall be submitted to her and her only. (No outside
communications (oral or otherwise) are allowed by project manager or others.)
Due to the importance of all offerors having a clear understanding of the specifications/scope of work and
requirements of this solicitation, attendance at this conference will be a prerequisite for submitting a
proposal. Proposals will only be accepted from those offerors who are represented at this pre-proposal
conference. Attendance at the conference will be evidenced by the representative’s signature on the attendance
roster. No one will be admitted after 10:10 a.m.
A brief general meeting will be held followed by optional tours of the current museum, however it is not the
museum building for which this proposal is issued.
Directions are available at: http://www.historyisfun.org/visitus/generalinformation.cfm.
7. GENERAL TERMS AND CONDITIONS
7.1 VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of
Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into
this contract in their entirety. The procedure for filing contractual claims is in section 7.19 of the
Vendors Manual. A copy of the manual is normally available for review at the purchasing office and
is accessible on the Internet at www.eva.virginia.gov under “Vendors Manual” on the vendors tab.
7.2 APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be
governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect
thereto shall be brought in the courts of the Commonwealth. The agency and the contractor are
encouraged to resolve any issues in controversy arising from the award of the contract or any
contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-
4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall
comply with all applicable federal, state and local laws, rules and regulations.
7.3 ANTI-DISCRIMINATION: By submitting their proposals, offerors certify to the Commonwealth
that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well
as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the
Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia
Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization
shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the
contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious
practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same
rules as other organizations that contract with public bodies to account for the use of the funds
provided; however, if the faith-based organization segregates public funds into separate accounts,
only the accounts and programs funded with public funds shall be subject to audit by the public body.
(Code of Virginia, § 2.2-4343.1E).
In every contract over $10,000 the provisions in 1. and 2. below apply:
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A. During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment because
of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law
relating to discrimination in employment, except where there is a bona fide occupational qualification
reasonably necessary to the normal operation of the contractor. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
2. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, will state that such contractor is an equal opportunity employer.
3. Notices, advertisements and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of meeting these requirements.
B. The contractor will include the provisions of 1. above in every subcontract or purchase order over
$10,000, so that the provisions will be binding upon each subcontractor or vendor.
7.4 ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, offerors certify that their
proposals are made without collusion or fraud and that they have not offered or received any
kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in
connection with their proposal, and that they have not conferred on any public employee having
official responsibility for this procurement transaction any payment, loan, subscription, advance,
deposit of money, services or anything of more than nominal value, present or promised, unless
consideration of substantially equal or greater value was exchanged.
7.5 IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract
with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall
not during the performance of the contract for goods and services in the Commonwealth, knowingly
employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.
7.6 DEBARMENT STATUS: By submitting their proposals, offerors certify that they are not currently
debarred by the Commonwealth of Virginia from submitting bids or proposals on contracts for the
type of goods and/or services covered by this solicitation, nor are they an agent of any person or
entity that is currently so debarred.
7.7 ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the
Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have
or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia,
relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia
under said contract.
7.8 MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs AND
RFPs Failure to submit a proposal on the official state form provided for that purpose may be a cause
for rejection of the proposal. Modification of or additions to the General Terms and Conditions of
the solicitation may be cause for rejection of the proposal; however, the Commonwealth reserves the
right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.
7.9 CLARIFICATION OF TERMS: If any prospective offeror has questions about the specifications
or other solicitation documents, the prospective offeror should contact the buyer whose name appears
on the face of the solicitation no later than five working days before the due date. Any revisions to
the solicitation will be made only by addendum issued by the buyer.
Museum Media Projects Page 13 of 24 RFP# 13-425-003
7.10 PAYMENT:
A. TO PRIME CONTRACTOR:
1. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to
the payment address shown on the purchase order/contract. All invoices shall show the state
contract number and/or purchase order number; social security number (for individual
contractors) or the federal employer identification number (for proprietorships, partnerships, and
corporations).
2. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment
30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts
for payment in less than 30 days, however.
3. All goods or services provided under this contract or purchase order, that are to be paid for with
public funds, shall be billed by the contractor at the contract price, regardless of which public
agency is being billed.
4. The following shall be deemed to be the date of payment: the date of postmark in all cases where
payment is made by mail, or the date of offset when offset proceedings have been instituted as
authorized under the Virginia Debt Collection Act.
5. Unreasonable Charges. Under certain emergency procurements and for most time and
material purchases, final job costs cannot be accurately determined at the time orders are placed.
In such cases, contractors should be put on notice that final payment in full is contingent on a
determination of reasonableness with respect to all invoiced charges. Charges which appear to
be unreasonable will be researched and challenged, and that portion of the invoice held in
abeyance until a settlement can be reached. Upon determining that invoiced charges are not
reasonable, the Commonwealth shall promptly notify the contractor, in writing, as to those
charges which it considers unreasonable and the basis for the determination. A contractor may
not institute legal action unless a settlement cannot be reached within thirty (30) days of
notification. The provisions of this section do not relieve an agency of its prompt payment
obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-
4363).
B. TO SUBCONTRACTORS:
1. A contractor awarded a contract under this solicitation is hereby obligated:
(a) To pay the subcontractor(s) within seven (7) days of the contractor’s receipt of payment from
the Commonwealth for the proportionate share of the payment received for work performed by
the subcontractor(s) under the contract; or
(b) To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to
withhold payment and the reason.
2. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per
month (unless otherwise provided under the terms of the contract) on all amounts owed by the
contractor that remain unpaid seven (7) days following receipt of payment from the
Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any
payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to
each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay
Museum Media Projects Page 14 of 24 RFP# 13-425-003
an interest charge to a subcontractor may not be construed to be an obligation of the
Commonwealth.
Each prime contractor who wins an award in which provision of a SWAM procurement plan is a
condition to the award, shall deliver to the contracting agency or institution, on or before request
for final payment, evidence and certification of compliance (subject only to insubstantial
shortfalls and to shortfalls arising from subcontractor default) with the SWAM procurement
plan. Final payment under the contract in question may be withheld until such certification is
delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties
may be assessed in lieu of withholding such payment.
3. The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic
and credit card payments.
7.11 PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL,
APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC
CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT
STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND
CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the
event there is a conflict between any of the other General Terms and Conditions and any Special
Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.
7.12 QUALIFICATIONS OF OFFERORS: The Commonwealth may make such reasonable
investigations as deemed proper and necessary to determine the ability of the offeror to perform the
services/furnish the goods and the offeror shall furnish to the Commonwealth all such information
and data for this purpose as may be requested. The Commonwealth reserves the right to inspect
offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities.
The Commonwealth further reserves the right to reject any proposal if the evidence submitted by, or
investigations of, such offeror fails to satisfy the Commonwealth that such offeror is properly
qualified to carry out the obligations of the contract and to provide the services and/or furnish the
goods contemplated therein.
7.13 TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any
test/inspection it may deem advisable to assure goods and services conform to the specifications.
7.14 ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or
in part without the written consent of the Commonwealth.
7.15CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following
ways:
A. The parties may agree in writing to modify the scope of the contract. An increase or decrease in
the price of the contract resulting from such modification shall be agreed to by the parties as a part of
their written agreement to modify the scope of the contract.
B. The Purchasing Agency may order changes within the general scope of the contract at any time
by written notice to the contractor. Changes within the scope of the contract include, but are not
limited to, things such as services to be performed, the method of packing or shipment, and the place
of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor
shall be compensated for any additional costs incurred as the result of such order and shall give the
Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the
following methods:
Museum Media Projects Page 15 of 24 RFP# 13-425-003
1. By mutual agreement between the parties in writing; or
2. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be
done can be expressed in units, and the contractor accounts for the number of units of work
performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to
determine the correct number of units independently; or
3. By ordering the contractor to proceed with the work and keep a record of all costs incurred and
savings realized. A markup for overhead and profit may be allowed if provided by the contract.
The same markup shall be used for determining a decrease in price as the result of savings
realized. The contractor shall present the Purchasing Agency with all vouchers and records of
expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the
records of the contractor as it deems necessary to determine costs or savings. Any claim for an
adjustment in price under this provision must be asserted by written notice to the Purchasing
Agency within thirty (30) days from the date of receipt of the written order from the Purchasing
Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or
decrease in the contract price or time for performance shall be resolved in accordance with the
procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is
none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors
Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any
other provision of this contract shall excuse the contractor from promptly complying with the
changes ordered by the Purchasing Agency or with the performance of the contract generally.
7.16 DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and
conditions, the Commonwealth, after due oral or written notice, may procure them from other sources and
hold the contractor responsible for any resulting additional purchase and administrative costs. This
remedy shall be in addition to any other remedies which the Commonwealth may have.
7.17 INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or
offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the
contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will
have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code
of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will
maintain this insurance coverage during the entire term of the contract and that all insurance coverage
will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State
Corporation Commission.
A MINIMUM INSURANCE COVERAGES AND LIMITS REQUIRED FOR MOST CONTRACTS:
1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for
employers of three or more employees, to include the employer. Contractors who fail to notify the
Commonwealth of increases in the number of employees that change their workers’ compensation
requirements under the Code of Virginia during the course of the contract shall be in noncompliance
with the contract.
2. Employer’s Liability - $100,000.
3. Commercial General Liability - $1,000,000 per occurrence. Commercial General liability is to
include bodily injury and property damage, personal injury and advertising injury, products and
completed operations coverage. The Commonwealth of Virginia must be named as an additional
insured and so endorsed on the policy.
4. Automobile Liability - $1,000,000 per occurrence. (Only used if motor vehicle is to be used in
the contract.)
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7.18 ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award
a contract over $50,000, as a result of this solicitation, the purchasing agency will publicly post such
notice on the DGS/DPS eVA web site (www.eva.virginia.gov) for a minimum of 10 days.
7.19 DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i)
provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to
employees and applicants for employment, a statement notifying employees that the unlawful
manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is
prohibited in the contractor's workplace and specifying the actions that will be taken against employees
for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by
or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the
provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the
provisions will be binding upon each subcontractor or vendor.
For the purposes of this section, “drug-free workplace” means a site for the performance of work done in
connection with a specific contract awarded to a contractor, the employees of whom are prohibited from
engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled
substance or marijuana during the performance of the contract.
7.20 NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be
discriminated against in the solicitation or award of this contract because of race, religion, color, sex,
national origin, age, disability, faith-based organizational status, any other basis prohibited by state law
relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the
state agency, department or institution has made a written determination that employing ex-offenders on
the specific contract is not in its best interest. If the award of this contract is made to a faith-based
organization and an individual, who applies for or receives goods, services, or disbursements provided
pursuant to this contract objects to the religious character of the faith-based organization from which the
individual receives or would receive the goods, services, or disbursements, the public body shall offer the
individual, within a reasonable period of time after the date of his objection, access to equivalent goods,
services, or disbursements from an alternative provider.
7.21 eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eVA Internet
electronic procurement solution, website portal www.eVA.virginia.gov, streamlines and automates
government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to
conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or
services to the Commonwealth shall participate in the eVA Internet e-procurement solution either through
the eVA Basic Vendor Registration Service or eVA Premium Vendor Registration Service. All bidders
or offerors must register in eVA; failure to register will result in the bid/proposal being rejected.
A. Vendor catalog posting, on-line registration, electronic bidding, and the ability to research
historical procurement data
available in the eVA purchase transaction data warehouse.
B. eVA Premium Vendor Registration Service: eVA Premium Vendor Registration Service
includes all benefits of the eVA
Basic Vendor Registration Service plus automatic email or fax notification of solicitations and
amendments.
C.. For orders issued prior to August 16, 2006, the Vendor Transaction Fee is 1%, capped at a
maximum of $500 per order.
D. For orders issued August 16, 2006 thru June 30, 2011, the Vendor Transaction Fee is:
(i) DMBE-certified Small Businesses: 1%, capped at $500 per order.
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(ii) Businesses that are not DMBE-certified Small Businesses: 1%, capped at $1,500 per order.
E. For orders issued July 1, 2011 thru June 30, 2013, the Vendor Transaction Fee is:
(i) DMBE-certified Small Businesses: 0.75%, capped at $500 per order.
(ii) Businesses that are not DMBE-certified Small Businesses: 0.75%, capped at $1,500 per order.
F. For orders issued July 1, 2013 and after, the Vendor Transaction Fee is:
(i) DMBE-certified Small Businesses: 1%, capped at $500 per order.
(ii) Businesses that are not DMBE-certified Small Businesses: 1%, capped at $1,500 per order.
The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia
Department of General Services,
approximately 30 days after the corresponding purchase order is issued and payable 30 days after
the invoice date. Any adjustments (increases/decreases) will be handled through purchase order
changes.
7.22 AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the
agency shall be bound hereunder only to the extent of the funds available or which may hereafter become
available for the purpose of this agreement.
7.23 SET-ASIDES. This solicitation is set-aside for DMBE-certified small business participation only
when designated “SET-ASIDE FOR SMALL BUSINESSES” in the solicitation. DMBE-certified small
businesses are those businesses that hold current small business certification from the Virginia
Department of Minority Business Enterprise. This shall not exclude DMBE-certified women-owned and
minority-owned businesses when they have received the DMBE small business certification. For
purposes of award, bidders/offerors shall be deemed small businesses if and only if they are certified as
such by DMBE on the due date for receipt of bids/proposals.
7.24 BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state
bid/offer prices in US dollars.
7.25 AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor
organized as a stock or nonstock corporation, limited liability company, business trust, or limited
partnership or registered as a registered limited liability partnership shall be authorized to transact
business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or
Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that
enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow
its existence to lapse or its certificate of authority or registration to transact business in the
Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during
the term of the contract. A public body may void any contract with a business entity if the business entity
fails to remain in compliance with the provisions of this section.
Museum Media Projects Page 18 of 24 RFP# 13-425-003
8. SPECIAL TERMS AND CONDITIONS:
8.1 ADVERTISING In the event a contract is awarded for supplies, equipment, or services resulting
from this bid/proposal, no indication of such sales or services to the Jamestown-Yorktown
Foundation will be used in product literature or advertising. The contractor shall not state in any of
its advertising or product literature that Jamestown-Yorktown Foundation has purchased or uses any
of its products or services, and the contractor shall not include Jamestown-Yorktown Foundation in
any client list in advertising and promotional materials.
8.2 AUDIT: The contractor shall retain all books, records, and other documents relative to this contract
for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is
sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right
to examine any of said materials during said period.
8.3 AWARD TO OTHER THAN THE HIGHEST RANKING OFFEROR(S): Selection shall be
made of two or more offerors deemed to be fully qualified and best suited among those submitting
proposals on the basis of the evaluation factors included in the Request for Proposals, including price,
if so stated in the Request for Proposals. Negotiations shall be conducted with the offerors so
selected. Price shall be considered, but need not be the sole determining factor. After negotiations
have been conducted with each offeror so selected, the agency shall select the offeror(s) which, in its
opinion, has made the best proposal(s) and shall award the contract to that offeror; however, the
contract may be awarded to a reasonably ranked DMBE-certified small business offeror(s), that is
other than the highest ranking offeror(s). The Commonwealth may cancel this Request for Proposals
or reject proposals at any time prior to an award, and is not required to furnish a statement of the
reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, §
2.2-4359D). Should the Commonwealth determine in writing and in its sole discretion that only one
offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under
consideration, a contract may be negotiated and awarded to that offeror. The award document will be
a contract incorporating by reference all the requirements, terms and conditions of the solicitation and
the contractor’s proposal as negotiated.
8.4 PROPOSAL ACCEPTANCE PERIOD: Any proposal in response to this solicitation shall be valid
for (90) days. At the end of the (90) days the proposal may be withdrawn at the written request of the
offeror. If the proposal is not withdrawn at that time it remains in effect until an award is made or the
solicitation is canceled.
8.5 CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and
terminate any resulting contract, in part or in whole, without penalty, upon 30 days written notice to
the contractor. In the event the initial contract period is for more than 12 months, the resulting
contract may be terminated by either party, without penalty, after the initial 12 months of the contract
period upon 30 days written notice to the other party. Any contract cancellation notice shall not
relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior
to the effective date of cancellation.
8.6 IDENTIFICATION OF PROPOSAL ENVELOPE: If a special envelope is not furnished, or if
return in the special envelope is not possible, the signed bid/proposal should be returned in a separate
envelope or package, sealed and identified as follows:
From: ___________
Name of Offeror Due Date Time
________________
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Street or Box Number RFP No.
________________
City, State, Zip Code RFP Title
Name of Contract/Purchase Officer or Buyer
The envelope should be addressed as directed on Page 1 of the solicitation.
If a proposal not contained in the special envelope is mailed, the bidder or offeror takes the risk that the
envelope, even if marked as described above, may be inadvertently opened and the information
compromised which may cause the bid or proposal to be disqualified. Proposals may be hand delivered
to the designated location in the office issuing the solicitation. No other correspondence or other
proposals should be placed in the envelope.
8.7 SMALL BUSINESS SUBCONTRACTING AND EVIDENCE OF COMPLIANCE:
It is the goal of the Commonwealth that 40% of its purchases shall be made from small businesses. This
includes discretionary spending in prime contracts and subcontracts. All potential bidders/offerors are
required to submit a Small Business Subcontracting Plan. Unless the bidder/offeror is registered as a
DMBE-certified small business and where it is practicable for any portion of the awarded contract to be
subcontracted to other suppliers, the contractor is encouraged to offer such subcontracting opportunities
to DMBE-certified small businesses. This shall not exclude DMBE-certified women-owned and
minority-owned businesses when they have received DMBE small business certification. No
bidder/offeror or subcontractor shall be considered a Small Business, a Women-Owned Business or a
Minority-Owned Business unless certified as such by the Department of Minority Business Enterprise
(DMBE) by the due date for receipt of bids or proposals. If small business subcontractors are used, the
prime contractor agrees to report the use of small business subcontractors by providing the purchasing
office at a minimum the following information: name of small business with the DMBE certification
number, phone number, total dollar amount subcontracted, category type (small, women-owned, or
minority-owned), and type of product/service provided.
8.8 PRIME CONTRACTOR RESPONSIBILITIES: The contractor shall be responsible for
completely supervising and directing the work under this contract and all subcontractors that he may
utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be
responsible to the prime contractor. The contractor agrees that he is as fully responsible for the acts and
omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of
his own employees.
8.9 SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent
of the purchasing agency. In the event that the contractor desires to subcontract some part of the work
specified herein, the contractor shall furnish the purchasing agency the names, qualifications and
experience of their proposed subcontractors. The contractor shall, however, remain fully liable and
responsible for the work to be done by its subcontractor(s) and shall assure compliance with all
requirements of the contract.
8.10 STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to
Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact
business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or
proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder
or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign
business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its
bid or proposal a statement describing why the bidder or offeror is not required to be so authorized.
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9. PRICING SCHEDULE
RFP # 13-425-003
Museum Exhibit Media Projects – New Yorktown Victory Center
Short Films and Projections $_____________________
Siege Theatre $______________________
Audio Components $______________________
(sound scapes, for wands, narrators for Personal Stories)
Cost for Reimbursable Expenses $_______________________
(To include cost for travel, phone and per diem)
10. ATTACHMENTS
A. Confidentiality Statement
B. Offeror Data Sheet
C. Small Business Subcontracting Plan
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Attachment A – Confidentiality Statement
CONFIDENTIALITY OF INTELLECTUAL PROPERTY AND PROPRIETARY INFORMATION: The
offeror assures that information and data obtained as to the agencies intellectual property and proprietary
information will be collected and held confidential, during and following the term of this agreement, and will not be
divulged without the agency’s written consent and only in accordance with federal law or the Code of
Virginia. Offerors who utilize, access, or store the agency's intellectual property or proprietary information as part
of the bid process are required to safeguard this information and immediately notify the agency of any breach or
suspected breach in the security of such information. Offerors shall allow the agency to both participate in the
investigation of incidents and exercise control over decisions regarding external reporting. Offerors receiving
media treatments will be required to sign a confidentiality statement.
Offeror Name: _____________________________________________
Date: _____________________________________________
RFP # : ______________________________________________
THIS CONFIDENTIALITY STATEMENT MUST BE SUBMITTED PRIOR TO THE RELASE OF THE
MEDIA TREATMENTS. YOU MAY SUBMIT REQUESTS ELECTRONICALLY TO
TONIA DARRISAW AT [email protected] OR VIA FAX TO (757) 253-7221.
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Attachment B: Offeror Data Sheet
TO BE COMPLETED BY CONTRACTOR IN IT’S ENTIRETY
NAME:_____________________________________________PHONE NO._________________________
ADDRESS:_______________________________________CONTACT PERSON:_____________________
CITY:________________________________________STATE:_____________________ZIP:___________
1. Indicate the length of time you have been in business providing this type of service:
____________________years _______________________months
2. Provide a list of at least four (5) current accounts for whom you have furnished similar services, either private or
governmental, include the following information: (VMFA reserves the right to contact those persons listed below )
Dates of Service Client Contact Person Address Phone No.
3. Indicate below all museums for which you have provided similar services for in the past three (3) years include
the following information: (VMFA reserves the right to contact those persons listed below ).
Dates of Service Client Contact Person Address Phone No.
4. Personnel, indicate the size of your present staff and designate those assigned to this contract.
5. The following information is only for the purpose of statistical reporting.
Is your firm a minority owned company? Yes_________ No__________
Is your firm a female owned company? Yes_________ No_________
Is your firm registered with Virginia Department of Minority Enterprise? Yes_________ No________
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Attachment C Small Business Subcontracting Plan
Definitions
Small Business: "Small business " means an independently owned and operated business which, together with affiliates,
has 250 or fewer employees, or average annual gross receipts of $10 million or less averaged over the previous three
years. Note: This shall not exclude DMBE-certified women- and minority-owned businesses when they have received
DMBE small business certification.
Women-Owned Business: Women-owned business means a business concern that is at least 51% owned by one or more
women who are citizens of the United States or non-citizens who are in full compliance with United States immigration
law, or in the case of a corporation, partnership or limited liability company or other entity, at least 51% of the equity
ownership interest is owned by one or more women who are citizens of the United States or non-citizens who are in full
compliance with United States immigration law, and both the management and daily business operations are controlled by
one or more women who are citizens of the United States or non-citizens who are in full compliance with the United
States immigration law.
Minority-Owned Business: Minority-owned business means a business concern that is at least 51% owned by one or
more minority individuals or in the case of a corporation, partnership or limited liability company or other entity, at least
51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned
by one or more minority individuals and both the management and daily business operations are controlled by one or
more minority individuals.
All small businesses must be certified by the Commonwealth of Virginia, Department of Minority Business
Enterprise (DMBE) by the due date of the solicitation to participate in the SWAM program. Certification
applications are available through DMBE online at www.dmbe.virginia.gov (Customer Service).
Offeror Name: _____________________________________________
Preparer Name: ______________________________________Date: ____________________
Instructions
A. If you are certified by the Department of Minority Business Enterprise (DMBE) as a small business, complete only
Section A of this form. This shall not exclude DMBE-certified women-owned and minority-owned businesses when
they have received DMBE small business certification.
B. If you are not a DMBE-certified small business, complete Section B of this form. For the offeror to receive credit for
the small business subcontracting plan evaluation criteria, the offeror shall identify the portions of the contract that
will be subcontracted to DMBE-certified small business in this section. Points will be assigned based on each
offeror’s proposed subcontracting expenditures with DMBE certified small businesses for the initial contract period as
indicated in Section B in relation to the offeror’s total price.
Section A If your firm is certified by the Department of Minority Business Enterprise (DMBE), are you certified as a (check
only one below):
______ Small Business
______ Small and Women-owned Business
______ Small and Minority-owned Business
Certification number:__________________________Certification Date:_________________________
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Section B Populate the table below to show your firm's plans for utilization of DMBE-certified small businesses
in the performance of this contract. This shall not exclude DMBE-certified women-owned and
minority-owned businesses when they have received the DMBE small business certification. Include
plans to utilize small businesses as part of joint ventures, partnerships, subcontractors, suppliers, etc.
B. Plans for Utilization of DMBE-Certified Small Businesses for this Procurement
Small
Business
Name &
Address
DMBE
Certificate #
Status if
Small
Business is
also:
Women
(W),
Minority
(M)
Contact
Person,
Telephone &
Type of
Goods
and/or
Services
Planned
Involvement
During Initial
Period of the
Contract
Planned
Contract
Dollars
During
Initial
Period of the
Contract
Totals $