jamestown-yorktown foundationgov.findrfp.com/docs/17604_rfp.pdfyorktown victory center interprets,...

Museum Media Projects 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.

mailto:[email protected]


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


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.


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.



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.


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


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.


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:


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.)


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.


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:

http://www.historyisfun.org/visitus/generalinformation.cfm

http://www.eva.virginia.gov/


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.


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


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:


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.)


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.

http://www.eva.state.va.us/

http://www.eva.virginia.gov/


(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.


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

________________


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.


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


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.



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________


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:_________________________


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 &

Email

Type of

Goods

and/or

Services

Planned

Involvement

During Initial

Period of the

Contract

Planned

Contract

Dollars

During

Initial

Period of the

Contract

Totals $

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