ESBD_376612_1726256956367_2024 FINAL_TMIAP_Part_A.pdf

STATE OF TEXAS

OFFICE OF THE GOVERNOR

FILM - EDT

REQUEST FOR PROPOSALS

for

TEXAS MOVING IMAGE ARCHIVE PROGRAM SERVICES

Solicitation No. 301-24-03836

NIGP CLASS ITEMS

915-22 956-10 956-30 962-72

Response Date and Due Time: October 4, 2024 no later than 5:00 pm CT

Point of Contact

Jodie Johnston, CTCD, CTCM

CTPM No. CTCD/CTCM 1900041693

Contract Specialist

Office of the Governor of Texas

Financial Services Division

P.O. Box 12428

Austin, TX 78711-2878

512-936-6745

Jodie.Johnston@gov.texas.gov

PART A: SPECIFIC TERMS AND CONDITIONS

Solicitation No. 301-24-03836 - Part A

1. STRUCTURE OF SOLICITATION

This Solicitation is composed of three parts:

Part A: Specific Terms and Conditions, including exhibits and other attachments and appendices, if any;

Part B: Standard Terms and Conditions; and

Part C: Provisions Governing the Solicitation Process.

Resolution of Conflicting Provisions

In the event an instruction or term in Part A conflicts with an instruction or term in Part B or Part

C, the instruction or term in Part A prevails. Any addenda or amendment to Part A, Part B, or Part

C control over their original versions, respectively.

2. DEFINITIONS

This section assigns definitions to the listed terms. The definition given to a term listed applies whenever the term appears in this Solicitation and in any response, including a proposal, to this Solicitation.

Monthly Service Fee

The firm, fixed monthly fee that will be charged by the Contractor to fully compensate the

Contractor, and supporting subcontractors if applicable, for the costs of all of the Contractor’s in-house services and expenses required to complete all work under any Contract awarded as the result of this Solicitation. Such fees include, but are not limited to, all labor and incidental and normal business operating expenses, such as local and long distance phone (landline and mobile) calls; facsimile; routine travel; postage; local courier service; internal copying; production media, equipment, and supplies; materials; parking and other ongoing services performed or required for routine performance. The Monthly Service Fee does not include any reimbursement for operating expenses or out-of-pocket expenses.

Performance Period

Each annual period of the Contract Term, running contemporaneously with a Fiscal Year, during which the Contractor will perform the required services under any Contract awarded as the result of this Solicitation. Each Performance Period will be separately budgeted by the OOG, subject to available appropriations.

Program

The Texas Moving Image Archive Program, including as proposed in the response submitted by a vendor to the OOG as a result of this solicitation.

TAC

The Texas Administrative Code, which is the publication for state administrative rules and regulations.

TFC

The Texas Film Commission, as established by Texas Government Code Chapter 485 within the

Office of the Governor of Texas.

3. GENERAL INFORMATION

Purpose of Procurement

The OOG seeks written proposals from qualified Respondents in accordance with the specifications contained in this Solicitation for services related to the Program.

The Program has been ongoing since 2008, and provides a public service through its operation, providing assistance to organizations statewide with image archival, restoration, and retrieval, and providing technical assistance regarding the preservation of moving images and digitization work.

More than 40,000 films and videos have been digitized and archived since the program’s inception in 2008.

Respondents shall be required to demonstrate ability to perform services as specified in this

Solicitation and shall fully understand the Program. In particular, the services requested herein and to be provided under any contract(s) awarded as a result of this Solicitation are designed to preserve and catalogue Texas history via moving images (films and video media) while improving the public’s access to archiving processes and materials. The results of the any contract(s) awarded as a result of this Solicitation will be to provide a service to the public, enhance the ability of the

TFC to market Texas as a moving image production location, provide accurate reference and stock footage material to filmmakers, and maintain a working presence throughout the State.

Procurement Authority

TFC is authorized pursuant to Texas Government Code, Section 485.028 to contract with an organization that is exempt from taxation under Section 501(c)(3), Internal Revenue Code of 1986, to provide technical resources regarding archiving moving image projects, improving public access to the moving image heritage of Texas, and discovering, preserving, and collecting digital copies of the moving image heritage of Texas.

Term of Contract

3.3.1. Primary Term

The primary term of any Contract awarded as the result of this Solicitation shall commence on September 1, 2024 (“Effective Date”), and shall terminate on August 31, 2025 unless terminated earlier pursuant to the terms of the Contract. The primary term plus any renewal terms or extensions, if any, shall constitute the “Contract Term.”

3.3.2. Renewal Term

The OOG shall have the right to renew the term of the Contract for up to three additional 12 months month periods through August 31, 2028 with consideration to

Contractor performance. The OOG shall provide the Contractor with written notice of its intention to renew the term of the Contract in writing at least thirty days prior to the

Contract termination date.

3.3.3. Optional Extension

Upon the exhaustion of any and all renewal terms, the OOG may, in its sole discretion, extend the term of the Contract in any increment of months for up to six months if the

OOG determines that an extension is necessary to facilitate a transition to a new vendor.

The OOG shall provide the Contractor with written notice of its intention to extend the term of the Contract in writing at least thirty days prior to the Contract termination date.

Any compensation to the Contractor for this extension period would be based upon negotiated rates between the OOG and the Contractor and/or the reimbursement for actual expenses.

Office of the Governor’s Point of Contact Information

The mailing address of the OOG for all notices is:

Jodie Johnston, CTCD, CTCM

CTPM No. CTCD/CTCM 1900041693

Contract Specialist

Office of the Governor of Texas

Financial Services Division

P.O. Box 12428

Austin, TX 78711-2878

512-936-6745

Jodie.Johnston@gov.texas.gov

Captions and Headings

The captions to the sections of this Solicitation are for convenience only and shall not affect the construction or interpretation of the Solicitation’s substantive terms.

4. STATEMENT OF WORK – SERVICE REQUIREMENTS

Services shall include, but are not limited to, the requirements contained in this Solicitation.

Services set forth that contain the words “must” or “shall” are mandatory and must be provided as specified with no alteration, modification, or exception. Commodities/Services set forth that contain the words “may” or “can” allow Respondents to offer alternatives to the manner in which the commodities/services are provided. The requested commodities/services and corresponding deliverables are as follows:

Community Outreach & Public Education

The Program must contain a public outreach component that will educate Texans on the importance of moving image preservation, as well as how to take care of moving image footage.

It should also educate individuals on the history of the moving image industry in Texas. The successful Respondent will work closely with local communities and municipalities, as well as other organizations relevant to moving image preservation, such as historical societies and professional media organizations.

4.1.1. Digitization Opportunities. The Program must provide opportunities for Texans to have their moving image projects digitized if the project is donated to the

Program.

4.1.2. Database & Public Access. The Program must provide an electronic collection of moving image projects that is accessible by the general public, including via the

Internet.

4.1.3. Education (K through 12). The Program must provide instruction for teachers on how to use the Texas Moving Image Archive Program collection in their classrooms and must provide teaching materials.

4.1.4. Promotional and Marketing Materials. The Program must provide materials for the Texas Film Commission to use for promotional and marketing purposes from a collection of moving image projects to demonstrate Texas life during particular time periods, or in different regions. These materials may be used as reference material for film research or to market the archives as a source for stock footage.

Program Plan

On or before January 1 of each year beginning after the effective date of any Contract awarded as a result of this Solicitation, the Contractor shall be responsible for development and submission of an annual Program Plan for the services the Contractor proposes to undertake during the upcoming

Performance Period. The Program Plan shall include the Contractor’s evaluations and recommendations for all proposed activities and projects, to be undertaken in a manner that will most effectively utilize the funds allocated by the OOG for the Program. The Program Plan must include an estimated budget for all proposed projects, activities, services to be performed, as well as recommendations of specific goals and measurements that demonstrate the Contractor’s success in meeting the goals and objectives of the Program. The Program Plan must be approved by OOG prior to implementation. Any changes made to the Program Plan throughout the year must be approved by OOG in writing.

Measurement and Performance Tracking

The OOG will monitor the performance of any Contract awarded as the result of this Solicitation.

All commodities/services under the Contract shall be performed at an acceptable quality level and in a manner consistent with acceptable film archive and Texas primary education industry standards, custom, and practice.

Satisfactory performance, as determined by the OOG, includes, but is not limited to the following:

4.3.1. At least one (1) in-person meeting conducted with the OOG per quarter.

4.3.2. A quarterly report of the following performance measures:

i. Number of moving images digitized;

ii. Ranking of the electronic collection of moving image projects by page views made available to the public online; and

iii. Copies of all new lesson plans created with the collection’s digitized moving images.

4.3.3. At least one short form digital film per quarter that that promotes the available footage and purposes of the Program.

4.3.4. Communication with the OOG throughout the Program’s timeline.

4.3.5. A report produced at the end of each fiscal year on the progress of the Program, as well as an actual expenditure list for the year.

Intellectual Property Licenses and Releases

Intellectual property includes any discovery or invention for which patent rights may be acquired, any photographs, graphic designs, plans, drawings, specifications, computer programs, technical reports, operating manuals, or other copyrightable materials, and any other materials in which intellectual property rights may be obtained.

OOG shall be the sole owner of intellectual property developed under any Contract awarded as the result of this Solicitation. OOG hereby reserves the exclusive right to use, publish, or reproduce the intellectual property for sales or otherwise, and to authorize others to do so. Contractor shall take such steps as are necessary to perfect and to protect OOG’s intellectual property rights and all products developed hereunder by the Contractor and its subcontractors.

In performing work under the Contract, the Contractor shall comply with all laws, rules, and regulations relating to intellectual property, and shall not infringe on any third-party’s intellectual property rights. In accordance with Part B, Section 4.59 of this Solicitation, Contractor shall indemnify and hold OOG harmless for and against any claims for copyright infringement related to its work under the Contract.

The Contractor shall include provisions adequate to effectuate the purposes of this Section in all subcontracts under the Contract in the course of which intellectual property may be produced or acquired. Such provisions shall make it clear that any intellectual property created under such subcontracts belongs solely to OOG.

Contracted Account Staff

The Contractor shall dedicate qualified professional staff who are experienced in video production, video archival practices, and in the provision of technical assistance with archiving and preserving moving images and digitization work as necessary to provide services under the Contract. The successful Contractor must dedicate a contract manager to oversee all activities and services performed and provided under any Contract awarded as the result of this Solicitation, including responsibility for the management, accounting for the entire Contract, billing, and reporting. The account manager will be the OOG’s primary day-to-day contact.

The Respondent agrees that the key personnel assigned to work under the resulting Contract, if any, shall remain available for the entirety of the Program throughout the term of the Contract as long as that individual is employed by the Respondent, unless the OOG agrees to a change in the key personnel.

End of Contract Transition

Upon termination of any Contract awarded as the result of this Solicitation, beginning at a time determined solely by the OOG, the OOG may require Contractor to provide all necessary services required by the OOG to ensure account transition, account familiarization, and transfer of services to any new vendor. The OOG may, in its sole discretion, maintain concurrent contracts for a limited period in order to facilitate this transition.

5. FINANCIAL TERMS AND CONDITIONS

Maximum Contract Amount

The OOG’s maximum liability to the Contractor, in consideration for the full, satisfactory and timely performance of all its duties, responsibilities and obligations as set forth in any Contract awarded as the result of this Solicitation or arising out of any performance as the result of this

Solicitation, shall not exceed (amount to be determined at time of Contract award) (“Maximum

Contract Amount”) for the initial Performance Period beginning Effective Date. The Contractor will not be compensated for Deliverables provided before the Effective Date of the Contract. The

Contractor shall have no entitlement to payment of the Maximum Contract Amount.

6. TIMELINE FOR SOLICITATION

Calendar of Events

Time is of the essence in the providing the Deliverables required by the Contract. The OOG may require the Contractor to provide Deliverables according to a date-sensitive schedule.

The OOG reserves the right to revise any of the time periods listed below and will post all changes by published Addendum on the ESBD at http://www.txsmartbuy.com/esbd.

Event Date

Solicitation Posting Date September 13, 2024

Deadline for Respondent Submission of Solicitation

Questions

September 19, 2024

The OOG’s Response to Questions Posted on the ESBD September 25, 2024

Deadline for Respondent Submission of Response October 4, 2024

Anticipated Start Date January 1, 2025

7. EVALUATION SCORING CRITERIA

The intent of the OOG to award the Contract to the Respondent whose proposal is considered to be the best value to the State of Texas. The OOG has the sole discretion and reserves the right to reject any or all proposals. The OOG further reserves the right to take as much time as it deems necessary in order to properly evaluate proposals.

Weighted Evaluation Scoring Criteria. The OOG intends to evaluate proposals using the following weighted scoring criteria, subject to overall best value considerations as authorized by law:

Criteria Weight

Company Information/Financial Responsibility 10%

Experience and Qualifications; References 30%

Proposal Content and Responsiveness 30%

Monthly Service Fees 30%

100%

Evaluation Criteria

7.2.1. Evaluation of Company Information. All proposals will be evaluated based on company information and Financial Responsibility (as provided in Tab 3 of the proposal), including a review of the Respondent’s demonstrated financial capacity to provide the services described in Section 3 of Part A of this Solicitation.

7.2.2. Evaluation of Experience, Qualifications and References. Responsive proposals will be evaluated based on the qualifications, experience and resources of each

Respondent, and each Respondent’s past experience as required by the OOG (as provided in Tabs 4, 5, and 6 of the proposal). This evaluation may include, but is not limited to, demonstrated success in providing similar services, provided work samples, proposed account personnel, past performance as referenced in Section 5.24 of Part A http://www.txsmartbuy.com/esbd of this Solicitation, and each Respondent’s resources and capability to perform the services.

7.2.3. Evaluation of Proposal Content and Responsiveness. Responsive proposals will be evaluated by examining criteria which include, but are not limited to, incorporation of non-negotiable elements and the feasibility of the Respondent’s response. A

Contractor will be selected based on demonstrated knowledge and experience and compatibility with the goals and objectives of the OOG.

7.2.4. Evaluation of Monthly Service Fee. Responsive proposals will be evaluated based on their proposed Monthly Service Fee. This evaluation will include consideration of all work and costs to be included in the Monthly Service Fee. The OOG will more favorably consider those proposals that offer best value to the State of Texas for the

Monthly Service Fee.

8. HUB SUBCONTRACTING

In addition to the information pertaining to HUBs in Part C of this Solicitation, the

OOG has identified potential subcontracting opportunities under this Solicitation:

The OOG has identified the following potential subcontracting opportunities under this Solicitation:

CLASS 915: COMMUNICATIONS AND MEDIA RELATED SERVICES

Item Number and Commodity Descriptions:

915-22 Communications Marketing Services

CLASS 956: LIBRARY AND SUBSCRIPTION SERVICES, INCLUDING

RESEARCH SERVICES, INTERNET AND PERIODICAL SUBSCRIPTIONS

Item Number and Commodity Descriptions:

956-10 Cataloging Services

956-30 Historical Studies and Services

CLASS 962: MISCELLANEOUS SERVICES, NO. 2 (NOT OTHERWISE

CLASSIFIED)

Item Number and Commodity Descriptions:

961-72 Restoration and Preservation Services: Antiques, Costumes, Paintings, and Other Objects