285-RFQ_322_Main_Doc_Video_Production_2024 REV 1.docx

STATE OF IDAHO

Idaho Department of Juvenile Corrections

RFQ 322

Production of Facility Tour Videos and CRB Video

REV 1

Purpose The Idaho Department of Juvenile Corrections (IDJC) is requesting quotes for production of four (4) videos, as further detailed within this Request for Quote (RFQ). The videos produced by the Contractor will be posted on IDJC’s website, IDJC’s YouTube channel, or both. Three (3) of the videos will replace the videos for the Juvenile Correction Centers in Lewiston, Nampa and Saint Anthony (JCC-Lewiston, JCC-Nampa and JCC-Saint Anthony) that are currently located here:

http://www.idjc.idaho.gov/facility-operations/state-facilities/jcc-lewiston/ http://www.idjc.idaho.gov/facility-operations/state-facilities/jcc-nampa/ http://www.idjc.idaho.gov/facility-operations/state-facilities/jcc-st-anthony/

The above three (3) videos will be known as Facility Tour Videos.

The fourth video is new, and pertains to the Custody Review Board (CRB). It will be known as the CRB Video. The CRB is a four (4) member board appointed by the IDJC Director that was first formed in 2002. The CRB meets quarterly to consider records and hear testimony regarding juveniles who have been committed to IDJC and a determination must be made whether or not they should be retained in custody, pursuant to Idaho Code § 20-520(1)(r).

The contact for this RFQ is: Jason Urquhart, Purchasing Agent, IDJC; phone: 208-577-5426; mail: jason.urquhart@idjc.idaho.gov

Time Lines

2.1 Pre-Quote Meeting Date and Time (see “RSVP Due” below): Parties interested in this RFQ are welcome to attend this meeting on Friday February 2, 2024 at 9:00 a.m. Mountain time. The parties will be given the opportunity to ask questions and gain clarification. Information provided during this meeting is not official, and parties that attend are encouraged to follow up with written questions (see section 2.3 below).

2.2 RSVP Due: 12:00 p.m. (noon) Mountain time, Thursday February 1, 2024 (RSVP to attend the meeting in section 2.1 above to Jason Urquhart at jason.urquhart@idjc.idaho.gov. In order to attend the meeting, RSVP by the date shown in this section 2.2. We will respond to the RSVP with a link to use to access the meeting virtually.)

2.3 Written questions due (by 11:59:59 p.m. Mountain time): February 9, 2024

(If you cannot meet any of the requirements listed in this RFQ, you may submit a question in writing to the contact for this RFQ by February 9, 2024. After the quotes are due and before the Contract is awarded, IDJC will not consider requests for changes to the requirements and will not accept quotes that don’t meet all of the requirements.)

2.4 Quotes Due (by 4:59:59 p.m. Mountain time): February 28, 2024

Requirements See Exhibit A – Requirements.

Provision of Production of Videos The Contractor shall provide the production of videos during the period identified at section 14, Award Basis and Term below, coordinating the provision of services with the following IDJC contacts:

Coordinate initially with Monty Prow, Director, IDJC; phone: 208-334-3100; email: monty.prow@idjc.idaho.gov.

For the Facility Tour Videos, coordination will be passed on at the IDJC Director’s discretion to:

(For the JCC-Lewiston Facility Tour Video) Kevin Bernatz, Superintendent, JCC-Lewiston; phone: 208-799-3332, ext. 5299; email: kevin.bernatz@idjc.idaho.gov.

(For the JCC-Nampa Facility Tour Video) David Birch, Superintendent, JCC-Nampa; phone: 208-465-8443, ext. 2102; email: david.birch@idjc.idaho.gov.

(For the JCC-Saint Anthony Facility Tour Video) Alvin Winegar, Superintendent, JCC-Saint Anthony; phone: 208-624-3462, ext. 2107; email: alvin.winegar@idjc.idaho.gov.

For the CRB Video, coordination will be passed on at the IDJC Director’s discretion to:

James Phillips, Juvenile Placement Manager, phone: 208-577-5424; email: james.phillips@idjc.idaho.gov.

Notices See section 29, Notices, in the State of Idaho Standard Contract Terms and Conditions. Section 29.A is changed to read:

“A. For notice to the State, the address, phone and facsimile number are:

Idaho Department of Juvenile Corrections 954 W. Jefferson St.

Boise, ID 83702

OR

P.O. Box 83720 Boise, ID 83720-0285 Phone: 208-334-5100 Fax: 208-334-5120

Additionally, for notice to the State, the email address to use is jason.urquhart@idjc.idaho.gov, courtesy copied to scott.johnson@idjc.idaho.gov.”

Priority of Documents See section 34, Priority of Documents, in the State of Idaho Standard Contract Terms and Conditions. The last paragraph of section 34 is changed to read:

“Where terms and conditions specified in the Contractor's Bid, Proposal or Quotation differ from the terms in the Solicitation, the terms and conditions in the Solicitation shall apply. Where terms and conditions specified in the Contractor’s Bid, Proposal or Quotation supplement the terms and conditions in the Solicitation, the supplemental terms and conditions shall apply only if specifically accepted by the Idaho Department of Juvenile Corrections in writing.”

Vendor-Submitted Documents If the vendor desires any of its documents containing terms and conditions to become part of the Contract, it must submit them as part of its quote.

IDJC will not sign those documents, and will only incorporate those documents as exhibits to the Contract, and the terms, conditions and requirements in such documents will be without effect.

(NOTE: We cannot enter into negotiations (except in very limited circumstances and only after obtaining certain authorization), even to edit terms and conditions, after the RFQ has closed (after the date that quotes are due). Therefore, vendors should submit individual terms and conditions, not entire documents, as written questions, and IDJC may consider such terms and conditions for inclusion in the Contract.)

Third-Party Agreements, Terms and Conditions IDJC can only contract with one party, and so cannot agree to third-party terms and conditions. Any third-party terms and conditions or other documents submitted by the vendor with its quote may be incorporated into the Contract as exhibits, but the terms, conditions and requirements in such documents will be without effect.

Ownership or Operations by China Pursuant to Idaho Code section 67-2359, the Contractor certifies that it is not currently owned or operated by the government of China and will not for the duration of the Contract be owned or operated by the government of China. The terms in this section defined in Idaho Code section 67-2359 shall have the meaning defined therein.

W-9 We request that you submit a completed W-9 with your quote, unless you know that you are already set up as a vendor in Idaho’s Luma system. (Please note that you can be a vendor registered in IPRO, which is part of Luma, and not be set up as a vendor that is able to receive payments in the Luma system.)

Invoicing The Contractor must submit invoices no more frequently than monthly in arrears for work completed to the IDJC contact(s) above (or the Contractor may submit a single invoice after all work is completed). In addition to each invoice, IDJC reserves the right to require evidence of progress from the Contractor to IDJC’s satisfaction. If IDJC is not satisfied that the progress claimed by the Contractor has been made, IDJC reserves the right to reject the invoice, and the Contractor may submit an invoice no sooner than ten (10) business days later.

If the Contractor chooses to invoice monthly in arrears for work completed, no later than thirty (30) calendar days after award of Contract, the Contractor must submit an anticipated progress payment schedule to the IDJC contact(s) above for IDJC’s records.

Payment terms are Net 30.

Scored RFQ

12.1 This is a scored RFQ. The requirements responses of quotes will be scored by one (1) or more reviewer. More information about the scoring of the requirements responses of quotes is below. Price will be scored as shown below.

12.2 The evaluated sections of quotes and available points assigned to those sections are as follows:

TOTAL POINTS: 1,000 points

12.3 The requirements responses of quotes will be evaluated by at least one (1) reviewer.

12.4 The scores for the requirements responses of quotes will be normalized as follows: The quote with the highest raw score for the requirements responses of quotes will receive all available points for the requirements responses of quotes: 450 points. Other quotes will be assigned a portion of the maximum available points, using the formula:

450 X raw score of the quote being evaluated highest raw score for the requirements responses of quotes

12.5 The scores for price will be normalized as follows: The evaluation of prices will be based on lowest Total Price. The quote with the lowest Total Price will receive all available points for price: 550 points. Other quotes will be assigned a portion of the maximum available points, using the formula:

550 X lowest Total Price Total Price being evaluated.

References IDJC reserves the right to require a list of references. If IDJC identifies to the Vendor that this is required, in order to be considered for award (in part), the Vendor must provide a list of references (between three (3) and five (5) references is suggested) for which the Vendor has provided production of videos within the last two (2) years. The list must include the client’s business name, the name of a contact that currently works for the client that is familiar with Vendor’s work, and that client’s current business phone number and email address. Please do not use IDJC, including current employees of IDJC, as one of your references.

Additionally, in order to be considered for award (in part) if IDJC requires a reference list, the Vendor’s references must provide feedback to IDJC that, in its sole discretion, is satisfactory, in particular regarding the Vendor’s quality of work, ability to meet schedules, and communications.

Award Basis and Term Award will be made ALL OR NONE to the responsive responsible vendor with the highest total points score as provided within this RFQ.

The term of the resulting Contract will be from the date of award through December 31, 2024, and may be amended or extended upon mutual, written agreement of the parties. It is anticipated that the Contract’s term will be no longer than six (6) months.

IDJC Not Responsible for Workers’ Compensation Because the Contractor is engaged in its own independent contracting business and is not an employee of IDJC, IDJC will not obtain workers’ compensation insurance for the Contractor or its employees. The Contractor shall obtain workers’ compensation coverage as required by law for itself and employees, and shall furnish a copy of its certificate of workers’ compensation insurance to IDJC upon request. Failure to provide proof of insurance may be cause for the Contract to be terminated.

Response Complete Exhibit A – Requirements, Exhibit B – Price Sheet and the signature page, and e-mail, fax, mail, hand-deliver/courier or submit your quote (Quotation as defined in the Solicitation Instructions to Vendors) via IPRO (IPRO LOGIN) so that it is received at the location specified on the Signature Page prior to the deadline established above.

Quotes must be accompanied by a signed Signature Page, and must include all Required Submittal Items (see below).

If submitting via IPRO complete Exhibit B – Price Sheet AND in enter the Total Price from Exhibit B – Price Sheet in IPRO, and UPLOAD all Required Submittal Items.

Exhibit A – Requirements Exhibit B – Price Sheet Appendix A – Idaho Terms and Conditions Background and Limitations Signature Page Solicitation Instructions to Vendors State of Idaho Standard Contract Terms and Conditions W-9

Exhibit A – Requirements Exhibit B – Price Sheet Signature Page

Exhibit A – Requirements

RFQ 322

Production of Facility Tour Videos and CRB Video

IDJC will evaluate responses to requirements below that have "(Evaluated)" directly below the REQ number.

Failure of the Vendor to respond to one or more requirements that have "(Evaluated)" directly below the REQ number will result in the quote not being evaluated and not being considered for award.

REQ-1

(Evaluated)

Describe in detail how you will create four (4) videos, three (3) of which will be video tours of IDJC's three (3) Juvenile Correction Centers (Facility Tour Videos). The fourth video will be an informational video regarding CRB (the CRB Video).

Each Facility Tour Video must have an approximate run time of five (5) to six (6) minutes, include the creation of motion graphics and voiceover narration, aerial drone footage of the JCCs, video commentary by the Superintendent, clips of interviews with IDJC staff, juveniles, parents of juveniles (and other stakeholders as identified by IDJC) and post production. Additionally, IDJC requires that the Facility Tour Videos convey that juveniles are committed to IDJC custody for rehabilitation, not as punishment, and that IDJC staff genuinely care about the well-being and personal development of the juveniles in IDJC care.

Primary filming of the Facility Tour Videos must occur during the time frame of mid-May through mid-August, 2024. IDJC requires additional filming at JCC-Saint Anthony once construction of new cottages is complete, and IDJC anticipates the additional filming to occur in November or December, 2024. (Please note that there will be construction occurring at JCC-Saint Anthony and at JCC-Nampa in the coming months.)

The CRB Video must be an informational video about the CRB and must have a similar format, run time and type of informational content as the State of Idaho Judicial Rule 19 video that is currently on IDJC’s YouTube channel.

The Contractor must create scripts for each video. The Contractor shall submit the scripts to IDJC for review prior to the Contractor beginning work on video production. IDJC reserves the right to accept or reject the scripts. If rejected, IDJC will provide its reasoning to the Contractor, and the Contractor will have no more than ten (10) calendar days to resubmit.

The Contractor must provide a creative brief for the videos. The creative brief that the Contractor provides will act as a guide for all services provided by the Contractor. The Contractor shall submit the creative brief to IDJC for review prior to the Contractor beginning work on video production, but no later than thirty (30) calendar days after award of the Contract. IDJC reserves the right to accept or reject the creative brief. If rejected, IDJC will provide its reasoning to the Contractor, and the Contractor will have no more than ten (10) calendar days to resubmit. (In the interest of avoiding issues like rejection of the creative brief, describe what you envision for the creative brief in detail here so that IDJC has an understanding.)

ENTER YOUR RESPONSE TO REQ-1 HERE:

REQ-2

(Evaluated)

Describe in detail your company's qualifications and experience that qualifies your company to perform the REQ-1 requirement. Clearly identify that you have qualifications and experience that can be applied to both kinds of videos (the Facility Tour Videos, and the CRB Video).

ENTER YOUR RESPONSE TO REQ-2 HERE:

REQ-3

(Evaluated)

Provide one (1) sample of a video with features similar to the requirements in REQ-1 for the Facility Tour Videos and provide one (1) sample of a video with features similar to the requirements in REQ-1 for the CRB Video.

(Since any information provided by vendors can become a public record, it might be best if you provide a temporary links to samples. Or, if samples exist that anyone can access through the internet, provide links to those. Note that it is your responsibility to be familiar with the Idaho Public Records Act, and if you wish a video sample to be exempt from disclosure, to mark it appropriately, and identify the sections of the Idaho Public Records Act with which your need for exemption from disclosure complies.)

ENTER YOUR RESPONSE TO REQ-3 HERE (enter any hyperlinks that link to your samples, or, identify that you have included your samples as a separately included part of your quote):

Company Name (Vendor Name):

Contact Name/Phone:

Contact Email:

Exhibit B – Price Sheet

RFQ 322

Production of Facility Tour Videos and CRB Video

This Exhibit B - Price Sheet must be submitted as part of your quote.

Provide your prices below for the services required in this RFQ meeting the requirements of Exhibit A – Requirements and all other requirements in this RFQ. Your prices must be FOB destination and must be fully burdened to include all costs associated with providing the production of videos.

Line Item 1: Price per Facility Tour Video (IDJC requires that the Contractor produce three (3) Facility Tour Videos):

TIMES 3 (videos) = $ ____ ________ (this is the Total for Line Item 1)

Line Item 2: Price for the CRB Video:

$ (this is the Total for Line Item 2)

Total Price (for all services required in this RFQ): $ (The Total Price is the sum of the Total for Line Item 1 and the Total for Line Item 2.)

Do not alter this Exhibit B - Price Sheet. Altering this Exhibit B - Price Sheet may be cause for your quote to not be considered for award.

Do not submit pricing on any form or in any document other than this Exhibit B - Price Sheet. Providing your pricing on any form or in any document other than this Exhibit B - Price Sheet may be cause for your quote to not be considered for award.

The Contractor shall not assess any other fees or charges other than those listed as the on this Exhibit B - Price Sheet.

Company Name (Vendor Name):

Contact Name/Phone:

Contact Email:

APPENDIX A – IDAHO TERMS AND CONDITIONS BACKGROUND AND LIMITATIONS

RFQ 322

Production of Facility Tour Videos and CRB Video

Idaho Terms and Conditions – Background The Division of Purchasing issues solicitations on behalf of State of Idaho agencies. As public entities, the Division and the agencies it serves are subject to statutes, rules and policies that result in terms and conditions unlike those common in contracts between private parties. The Division of Purchasing does not have authority to vary many of these terms and in some instances variations are void under Idaho law. See IDAPA 38.05.01.112.

Idaho is not unique. Many of the terms in the State of Idaho Standard Terms and Conditions are similar to terms offered by most federal, state, and local government agencies. Vendors who seek to work with government agencies should become familiar with these terms. The discussion below is provided to assist you in becoming familiar with the legal and policy basis for the terms and to provide information for you to evaluate the risks and benefits of working with public entities.

Termination – Costs of Re-procurement The State of Idaho Standard Terms and Conditions provision concerning termination specifically identifies the costs of re-procurement as a damage arising from a breach of the contract by a vendor. This damage is identified because of the public agency budgeting process and the competitive solicitation process required by Idaho’s purchasing laws. The Idaho purchasing laws provide a preference for open, competitive procurements. These procurements come at a cost to the agency, which is generally included in the agency budget requested from the Idaho Legislature more than twelve months prior to incurring the expense. Unlike a private business, public agencies cannot independently pass through the costs of re-procurement to Idaho taxpayers, who are the customers of government. Instead, Idaho agencies must submit a request for the costs to the Idaho Legislature in a subsequent budget year, which is usually after the need to secure a replacement vendor for the breaching contractor arises. As a matter of public policy, the contractor whose breach caused the damage of requiring re-procurement must pay those costs at the time of breach so that the public can receive the benefit of the contract made on its behalf through re-procurement of a new contract. This policy is reflected in the State of Idaho Standard Terms and Conditions provision concerning termination and the Division of Purchasing does not generally vary this requirement.

Termination – Fiscal Necessity Idaho Constitution Article VII, section 11 prohibits an expenditure in excess of a legislative appropriation. Idaho Code section 59-1015 prohibits state agencies and officers from entering into contracts that create any expense or liability in excess of an appropriation. Idaho Code section 59-1016 provides that any such contract is void. IDAPA 38.05.01.112 contains the same provisions. An appropriation can be reduced under Idaho law through “give backs” and “hold backs” issued by the executive branch. When the Division of Purchasing enters into a contract, it must contain the term allowing for termination for fiscal necessity to comply with these provisions. Variation of this term is not offered.

Anti-Discrimination/Equal Employment Opportunity Many of the Idaho agencies served by the Division of Purchasing receive federal funding that is subject to a requirement concerning a pass-through to vendors of the obligation to comply with federal civil rights and anti-discrimination laws. The pass-through obligation may extend beyond the specific federal funds to all agency contracts. Variation of this term is not offered to prevent a breach of the State of Idaho’s obligations under its agreements with the United States.

Taxes The State of Idaho Standard Terms and Conditions provision concerning taxes identifies that Idaho agencies are exempt from the payment of taxes and provides that the contractor is responsible for all taxes assessed against the contractor as a result of doing business with the State of Idaho. State agencies are not granted an appropriation to pay taxes due to the exemptions that apply to government agencies. As discussed above under the heading Termination – Fiscal Necessity, terms in excess of appropriation are void under Idaho law. Variation of this term is not offered.

Indemnification Many vendors request the State of Idaho offer an indemnification of the vendor. An indemnification is a promise to pay funds that have not been appropriated in the current budget year or that may occur in a future budget year that has not yet been appropriated by the Idaho Legislature. Idaho Constitution Article VII, section 11 prohibits an expenditure in excess of a legislative appropriation. Idaho Code section 59-1015 prohibits state agencies and officers from entering into contracts that create any expense or liability in excess of an appropriation. Idaho Code section 59-1016 provides that any such contract is void. IDAPA 38.05.01.112 contains the same provisions. Variation of this term is not offered.

In assessing the risk of doing business with the State of Idaho, vendors should consider the following. The State of Idaho has waived its sovereign immunity for torts as described in the Idaho Tort Claims Act, Idaho Code title 6 chapter 9. To the extent that the State or its employees have committed a tort, contractors have legal remedies available through that act. Tort liability is funded by the Idaho Legislature through an appropriation to the Retained Risk Program and appropriation issues do not arise in actions under the act. In addition, under existing Idaho court decisions, the State does not have sovereign immunity for contract claims arising from a properly entered contract. If the State is in breach of its contract obligations, contractors have the legal remedies available under any contract. Lastly, States are generally prohibited from the benefits of the federal bankruptcy laws. Unlike private companies, an indemnification clause is not required to preserve a remedy through the company’s insurer should the company declare bankruptcy.

Public Records All Idaho agencies are subject to the Idaho Public Records Act, Idaho Code title 74, chapter 1. State agencies cannot by contract vary the requirements of the Act or agree to violate the Act by withholding records properly subject to release under the Act. The State of Idaho Standard Terms and Conditions provision concerning disclosure of public records has been drafted to allow contractors to designate records as exempt under the provision of the Act if the contractor agrees to defend that designation and to indemnify the State of Idaho for any costs and penalties imposed under the Act. Variation of this term is not offered.

Assignments Idaho code section 67-9230 prohibits the transfer of a contract issued by the Division of Purchasing without written approval by the Administrator and the Idaho Board of Examiners. At the option of the Administrator, a contract transferred in violation of this provision can be annulled. Idaho Code section 67-1027 provides that the Idaho Controller shall not pay an assignee of a contract if the assignment has not been approved by the Idaho Board of Examiners. The State of Idaho Standard Terms and Conditions provision concerning assignment cannot be varied in a way that allows assignment without approval of the Administrator and the Idaho Board of Examiners.

Governing Law, Jurisdiction and Venue, Arbitration, Waiver of Jury Trial As a sovereign state, the State of Idaho is not subject to the jurisdiction of the courts of its sister states. The Idaho legislature has not consented to the waiver of this limitation by state agencies. The 11th amendment to the United States Constitution provides limitations on the jurisdiction of federal courts over claims against the State of Idaho. IDAPA 38.05.01.112, approved by the Idaho Legislature in 2015, provides that terms subjecting the State of Idaho to the jurisdiction of the courts of other states are void.

Agencies of the State of Idaho are subject to Idaho law and cannot vary the legal provisions governing the agency by contract. Based on this limitation, the Division of Purchasing will not consent to the application of laws other than the laws of the State of Idaho to all of a contract. Unless the agency certifies to the Division of Purchasing that it has consulted with the Office of the Attorney General and considered its advice, the Division of Purchasing will not consent to the application of laws other than the laws of the State of Idaho to a portion of the contract.

Idaho Code section 29-110 provides that any term of a contract subjecting a party to arbitration conducted outside the State of Idaho is void. IDAPA 38.05.01.112 requires that any agency must consult with the Office of the Attorney General prior to consenting to arbitration. At this time, the Office of the Attorney General does not generally advise agencies to consent to arbitration. Unless the agency certifies to the Division of Purchasing that it has consulted with the Office of the Attorney General and considered its advice, the Division of Purchasing will not consent to an arbitration provision.

IDAPA 38.05.01.112 requires that any agency must consult with the Office of the Attorney General prior to consenting to wavier of the right to a jury trial. At this time, the Office of the Attorney General does not generally advise agencies to consent to waiver of the right to a jury trial. Unless the agency certifies to the Division of Purchasing that it has consulted with the Office of the Attorney General and considered its advice, the Division of Purchasing will not consent to waiver of the right to a jury trial.

Payment Terms Idaho Code section 67-2302 establishes the general legal requirements for payments by Idaho agencies. Among other things, this section prohibits full payment on partial deliveries and establishes a statutory rate of interest and penalties on late payments. Idaho agencies cannot vary these terms by contract.

Limitations of Liability As a public entity representing Idahoans, requests to limit the liability of a contractor are considered as matters of public policy. Limitations of liability are authorized only when it is appropriate for the taxpayers of Idaho to bear the risk of the contractor’s breach or where the limitation is in excess of any reasonable contractor liability under the contract. In general, it is the policy of the Division of Purchasing to expect contractors to secure insurance to provide for the reasonable risks of operating the contractor’s business. As representatives of all Idahoans and a matter of public policy, the Division of Purchasing will not approve limitations of liability for death or personal injury or damage to real property.

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