RFP_Media_RM_Agent_12-3-14_(for_post).pdf

Smithsonian Institution

SE # RFP-15-001-000

Smithsonian Enterprises Media Representation and Management Agent

I Background

A. About Smithsonian The Smithsonian Institution is a non-profit trust instrumentality that was created by act of Congress of the United States in 1846. The Smithsonian is the world’s largest museum and research complex consisting of 19 museums and galleries, the National Zoological Park and nine research facilities. In 2013, more than 26 million people from around the world visited the museums and the National Zoo. The total number of objects, works of art and specimens at the Smithsonian is estimated at nearly 137 million. The Smithsonian collections are the basis for research, exhibitions and public programs in the arts, history and culture, and the sciences. The Institution’s mission is the “increase and diffusion of knowledge.” See additional information - the Executive Summary of the Smithsonian’s Strategic Plan - attached as Exhibit A.

The Smithsonian’s statement of values and code of ethics require that Smithsonian’s revenue-generating activities support the Smithsonian mission and protect the Smithsonian's reputation, integrity, and independence. Smithsonian’s revenue-generating activities must be consistent with the Smithsonian mission, culture, governance, and status as a trust instrumentality of the United States and a tax-exempt organization.

Additional information about the Smithsonian Institution is available at: www.si.edu

B. About Smithsonian Enterprises Smithsonian Enterprises (SE), which includes the Institution’s retail, media, consumer products and education products divisions, offers a range of products and services that help to generate funding for Smithsonian’s core mission, museums and research, while remaining consistent with the Smithsonian mission, culture, governance, and status as a trust instrumentality of the United States and a tax-exempt organization. By providing products and services that reflect the mission of the museums and research centers, Smithsonian Enterprises plays a critical role in advancing the Institution’s mission: the increase and diffusion of knowledge.

C. About Smithsonian Media

Housed under Smithsonian Enterprises, the Smithsonian Media Group’s reach is extensive and global, connecting with more than 60 million users annually. Its extensive distribution system spans many platforms and outlets, among them Smithsonian magazine, Air & Space magazine, Smithsonian Books, the Smithsonian Channel, Smithsonian Live Events, and the wider Smithsonian Digital Network, including the Smithsonian Digital Studio and Smithsonian.com.

Additional information about the Smithsonian Media is available at:

Smithsonian Magazine and website: www.smithsonian.com

Air and Space Magazine: www.airspacemag.com

D. About Smithsonian Channel http://www.si.edu/ http://www.smithsonian.com/ http://www.airspacemag.com/

SNI/SI Networks, L.L.C. (Smithsonian Networks) is a joint venture between SI and Showtime Networks, Inc.

Smithsonian Networks operates the Smithsonian’s television channel, Smithsonian Channel. The agency representation we are seeking through this RFP does not include representation for Smithsonian Networks or the Smithsonian Channel.

Additional information about the Smithsonian Channel is available at:

Smithsonian TV Channel: www.smithsonianchannel.com

E. About the Project

SE wishes to expand its media presence and through this request for proposals (“RFP”) is soliciting a company that specializes in the development, packaging, promotion, sale, and exploitation of intellectual property for the development of feature films and IMAX films.

The company should have a strong track record of having represented large national publications and web properties, as well as a demonstrated track record of success working with all of the major U.S. talent agencies. The project (the “Project”) encompasses the development, packaging, and exploitation of quality, innovative media offerings for feature films and IMAX films that utilize or are inspired by Smithsonian intellectual property, collections, exhibitions, research, staff resources, and the themes of art, culture, history, and science; are infused with the characteristics and reputation of the Smithsonian brand; and demonstrate the Smithsonian mission for “the increase and diffusion of knowledge” (hereafter each individual media offering shall be referred to as a “Media Offering”).

This RFP does not include representation for the development of television programming. However, during the course of developing media offerings with the selected company, should strong TV programming and/or series concepts emerge that would fit within the creative parameters of the Smithsonian Channel, SE would facilitate the selected company’s submittal of such concepts to Smithsonian Networks. Decisions regarding such proposals would be made by Smithsonian Networks in accordance with its existing process of review and consideration.

The Smithsonian offers to the selected company the proven appeal of both the Institution’s compelling content, as well as the Smithsonian brand. Smithsonian will work with the selected company to identify and provide access to key Smithsonian collections, exhibitions, research, and staff resources (hereafter defined as “Smithsonian Content”) in connection with the Project. Smithsonian anticipates that Smithsonian Content will be the basis of and inspiration for the Project. All uses of Smithsonian Content will be approved in advance by Smithsonian. The Smithsonian expects that the successful company will also bring to this relationship its ability to develop, package, promote, sell, and exploit the media offerings created for the Project. Further, the Smithsonian also expects that in turn the successful company will capitalize on the appeal of the Smithsonian brand and the depth of Smithsonian resources to develop differentiated and superior media products with the broadest possible reach.

II Scope of Work

A. The Smithsonian, through its Smithsonian Enterprises (SE) Media division, is seeking a Media Management Agent (hereafter defined as the “Company”) to implement the Project and, specifically, to develop, package, sell, exploit, and promote the Media Offerings to major domestic and international media and entertainment agencies. SE anticipates receiving a royalty on the revenue generated by the Project subject to a contractual agreement with a term of 2 years (with option to renew for 3 additional http://www.smithsonianchannel.com/ years). The Smithsonian anticipates beginning development of Media Offerings to initiate the Project by no later than Fall of 2015.

B. The Smithsonian seeks a Company that can do the following in developing, packaging, selling, exploiting and promoting the Project:

1. Access a broad range of domestic and international media and entertainment agencies.

2. Support the Smithsonian mission for “the increase and diffusion of knowledge” through the development of quality, innovative, and relevant Media Offerings with domestic and international media and entertainment agencies that offer unique audience experiences and seamlessly incorporate appropriate content consistent with the Smithsonian Brand.

3. Employ strong, creative media development capabilities.

4. Support marketing and promotion of the Project via print, digital, social media, other emerging media channels or new distribution outlets, with corporate commitment and financial resources.

5. Utilize their own assets and leverage available Smithsonian assets to develop marketing and promotional initiatives.

6. Establish a process that will:

a) Allow Smithsonian to perform a review to evaluate and approve the proposed elements of the Project, including each Media Offering, marketing and use of brand, for compliance with the Smithsonian mission and brand identity.

b) Provide SE, on an annual basis, with the strategic plan for the Project that reflects Media Offering and product development, marketing, and implementation over the following twenty-four (24) month period.

c) Rapidly address the concerns of media companies that are Project clients based upon the highest standards of ethics and integrity and provide SE with timely and consistent results and feedback.

7. Provide a positive, transparent, and responsive working relationship with Smithsonian that enables the Project to successfully operate and expand during the course of the relationship.

C. The Smithsonian anticipates that the successful Company will be responsible for executing all aspects of the

Project, subject to Smithsonian approval, including but not limited to the following:

1. Development of an overall Project strategy and execution of that strategy upon approval by SE. This may involve but not be limited to:

a) Identification and cultivation of opportunities with media targets

b) Facilitation of agreements with those media targets

c) Development, packaging, promotion, sale, and exploitation of Media Offerings

d) Securing required personnel, with SE approval, to execute against all requirements of the strategy.

2. Ensuring that the Project and all related services and activities are conducted within the highest standards of quality, integrity, and ethics, and recognizing the Smithsonian’s status as a tax exempt entity.

3. Administrative and back office functions, to include:

a. Statement of royalties due to SE concurrent with the royalty

b. Annual royalty forecasts and updates on a timeline to be agreed upon between SE and the successful company.

4. The Company will comply with any requirements that are necessary for the execution of the Project.

D. Smithsonian contemplates providing the following support for the Project:

1. Reasonable access to Smithsonian Content as appropriate for the purposes of developing

Media Offerings for the Project.

2. Promotion, at Smithsonian’s discretion, through Smithsonian Enterprises website with possible access to other Smithsonian websites and other Smithsonian marketing channels to be agreed upon. For the avoidance of doubt, commercial advertising, marketing, or sales activities may not take place within the public areas of the museums.

3. A non-exclusive license to use the Smithsonian logo for purposes of the development, packaging, sales, promotion, operation and administration of the Project.

4. A non-exclusive license to use and reformat approved Smithsonian Content for the purpose of the development, packaging, sales, promotion, operation and administration of the Project.

5. Smithsonian staff to perform a review to evaluate and approve the proposed elements of the Project, including each Media Offering, marketing and use of brand, for compliance with the Smithsonian mission and brand identity. Part of the review process will be to ensure that proposed Media Offerings do not conflict with or negatively impact the Smithsonian’s own television channel.

Depending on the level of support provided by the Smithsonian, for tax compliance purposes, there may need to be two separate agreements between the Smithsonian and the selected offeror: a license/representation agreement and a services agreement.

E. Non-Exclusivity. Smithsonian anticipates that the contract with the selected Company will be non-exclusive and will concern only the Project detailed in this RFP. The Smithsonian may contract at any time with any other individuals or entities to establish, develop, and promote other types of media projects and programs that are not addressed by the RFP.

F. Notable Contract Concepts. The Smithsonian anticipates entering into a contract(s) that will include certain “Notable Contract Concepts”, attached hereto in Exhibit B (Notable Contract Concepts) and incorporated by reference herein. Please read Exhibit B carefully, as it contains information essential to the conduct of the Project.

III. RFP Instructions and Conditions

A. General Instructions and Conditions

1. The purpose of this RFP is to provide interested parties with sufficient information to enable them to prepare and submit proposals for consideration by the Smithsonian. Your proposal should only address the services and requirements described herein.

2. Proposals prepared in response to this RFP shall comply with the instructions and proposal requirements contained in this document. Proposals that deviate from these instructions and requirements may be disqualified at the Smithsonian’s discretion.

3. The Smithsonian reserves the right to enter into negotiations with companies in the competitive range at its discretion and based upon the best interests of the Smithsonian.

4. The Smithsonian is not responsible for paying any proposal preparation costs or any other costs associated with a response to this request. This RFP does not obligate the Smithsonian to enter into any agreement, nor shall it be construed as authorization for companies to proceed with any work directly or indirectly related hereto.

5. All information and materials submitted in response to this RFP for consideration by the Smithsonian will become the Smithsonian’s property and will be returned only at the Smithsonian’s discretion.

B. Pre-Submittal Requirements.

1. Companies interested in participating in this RFP are requested to provide notice of their intent to submit a proposal. Please submit written notification by email to the attention of Peter Reid at preid@si.edu . This email notification should be received by 2:00 p.m. Eastern time on Monday, December 15, 2014.

2. Questions. All substantive and administrative questions about this RFP must be submitted in writing by email to the attention of Peter Reid at preid@si.edu. Questions must be submitted by 2:00 P.M. Eastern time on Monday, December 15, 2014 in order to ensure a response. Questions having an impact on the RFP will be answered and issued to all interested companies via RFP amendment.

C. Submission Process.

1. This RFP is being issued to Companies interested in developing, packaging, promoting, selling, and operating the Project as described herein. Each Company must submit one (1) original of its proposal.

In addition, one (1) digital copy on a USB drive must be submitted to the attention of Peter Reid at preid@si.edu by the date and time specified below in C.3.

mailto:preid@si.edu

2. Proposals and proposal modifications shall be submitted in sealed envelopes or packages, with the subject matter of the RFP and the name and address of the Company clearly identified. Proposals and modifications sent via email, fax, or to any other address will not be considered.

3. All hard copies of the proposals and digital copies on USB drive must be sent to the person and address specified below via courier service (i.e. FedEx, UPS, DHL) or hand delivery and must be received no later than by 2:00 p.m. Eastern time on Friday, January 9, 2015 in order to be considered.

Proposals shall be sent to:

Peter Reid Smithsonian Enterprises Capital Gallery

600 Maryland Avenue SW, Suite 6001 Washington DC 20024

4. Smithsonian reserves the unconditional right to cancel this RFP or to terminate negotiations at any time without cost or liability to Smithsonian. Participation in this RFP or any resulting contract constitutes an affirmative waiver by Companies of any claim to proposal preparation costs. Interested Companies should note that this is not a solicitation for a federal contract and is therefore not governed by federal procurement procedures.

5. The Smithsonian reserves the right to reject any and all proposals received as a result of this request. Noncompliance with the instructions and conditions of this RFP may result in disqualification of your proposal. The Smithsonian may refuse to consider any proposal received after the exact date and time specified for receipt.

6. At Smithsonian’s option, Companies in the competitive range may be invited to meet with Smithsonian representatives in person or over the telephone in Washington D.C. to discuss their proposals and answer questions. Travel and per diem for any such meeting will be the responsibility of each Company.

7. Authorized Negotiators. Companies are hereby placed on notice that the only persons authorized to conduct discussions and/or make commitments on behalf of the Smithsonian regarding this RFP and all matters incident hereto are the Smithsonian Enterprises Contracting Official and his designated representatives from Smithsonian Enterprises.

D. Proposal Requirements. The Smithsonian’s requirements and expectations are set forth herein.

All proposals must include the following:

Part 1: Technical Submission

1. A narrative describing your strategy and brand vision for the Project as well as how it will be differentiated from other brands that focus on reality-based programs, taking into account the requirements in the SOW above. Narrative shall also include:

a. How your Company is uniquely qualified to execute all aspects of the Project, with specific reference to your experience and successes with major domestic and international media and entertainment agencies.

b. How you intend to position the Project in the marketplace.

c. Your strategy for developing an assortment of Media Offerings; your growth plan for the potential 5 year term of the contract; and your proposed process for engaging the Smithsonian in the Project including the product development process and required Smithsonian reviews.

d. A description of the in-house development, marketing, and sales capabilities your company will commit to support the Project. For any capabilities or services that you would need to outsource for the Project, identify the capability/service and the vendor proposed for outsourcing.

e. The timeline that includes all key elements necessary to achieve an approved Media Offering by no later than Fall 2015

f. A description of your proposed marketing strategy for the Project and how you plan to enlist major domestic and international media and entertainment agencies. Please include your intended use of print, digital, social media marketing, and public relations activities as well as your plans for expanding your Project marketing activities in the future.

g. A narrative addressing your plan for managing your relationship with the Smithsonian. Please include the process you would propose for rapidly addressing the concerns of media companies that are Project clients with the highest standards of ethics and integrity while providing SE with timely results and feedback.

h. Please identify the key personnel to be assigned to the operation of the Project along with a description of each person’s role and their bios or resumes.

i. Based upon your review of the Smithsonian links provided to you or your own research, please provide a description of the types of access to SI Content and the support from SI that you would anticipate receiving based on the strategy for the Project that you are proposing.

2. A narrative describing your company’s overall qualifications and experience, including the following:

a. A company profile

b. Locations of your company office(s)

c. Bios of the key company executives

d. An overview of your current business activities including:

i. The number of years your company has been in business

ii. The contracts (within the past 3 years) that your company has with domestic and international media and entertainment companies. The number of years you have conducted business with each company and the projects that you have executed with them. Please also indicate where possible projects in development.

e. Your Company’s proposed organizational structure to be used to operate the Project, including subcontractors or outsourced resources, identification of proposed program managers, and/or the approach for filling key jobs if specific individuals are not currently available.

f. Your company’s policy on quality, service, and ethics and the procedures your company uses in the resolution of your client’s issues or complaints.

3. References. Three references from current major domestic and international media and entertainment agency clients with whom you currently develop, package, sell, exploit, and promote programs.

References should include contact name and title, address, phone number, and a brief description of the relationship. References provided should demonstrate performance relative to the subject matter of this RFP.

4. A statement from your company certifying that there is no material litigation, either pending or threatened, or any contractual or business relationship involving your company or any of its principals, shareholders, partners, officers, or employees which would prevent or limit your company from providing any services described in this RFP, or would hinder your company’s ability to achieve fully the stated objectives and an affirmative statement that your company is responsible and able to conduct business in the District of Columbia and throughout the United States. To be provided as a signed, certified document with your proposal.

5. Representations and Certifications. Please complete the Representations and

Certifications form, attached hereto in Exhibit C, and sign and return with your proposal.

Part 2: Business, Financial, and Legal Submission

1. A clear and complete listing of all business and financial terms proposed including but not limited to:

a. Advance and/or minimum annual guarantee

b. Royalty rate or rates

c. Distribution channels

d. Annual financial projections (with all assumptions indicated) for each year of the proposed term, including projected royalties to the Smithsonian.

2. Your Company’s most recent corporate financial statement and a copy of your Company’s Insurance Certificates evidencing the insurance coverage required in Exhibit B.

3. A sample of the type of representation contract typically used by your Company to provide services similar to those required for the Project.

4. Please provide an explanation of any exceptions or deviations your company will require with respect to the Notable Contract Concepts in Exhibit B, attached. Exceptions will not automatically cause a proposal to be deemed unacceptable. However, exceptions not providing obvious benefit to the Smithsonian Institution may result in rejection of a proposal as unacceptable.

IV. Evaluation Criteria. Subject to the discretion of the Smithsonian, any Company may be selected who is deemed responsible, whose proposal conforms to the requirements in all of the RFP documents, and is judged, based on the evaluation criteria below, to represent the best value to the Smithsonian. The Smithsonian will not select a Company whose proposal is determined to be unacceptable to the Smithsonian.

Evaluation factors:

1. Proposed Project’s fit with the Institution’s brand, mission, and core values as well as demonstrated ability to effectively communicate the Smithsonian’s mission and core values.

2. Business, financial, and legal terms, including but not limited to annual financial projections for each year of the proposed term, including advance, minimum annual guarantee, royalty rate, and projected royalties to the Smithsonian.

3. Demonstrated ability to develop, package, promote, sell, operate, and administer differentiated, superior, innovative, and successful media products (feature film, IMAX properties) with the broadest possible audience reach across a number of major domestic and international media and entertainment agencies.

4. Marketing plan and timeline for implementation of the Project.

5. Past performance of your Company (e.g., compliance with contract requirements, quality of products/services provided, timeliness of performance, cost control, business relations). The Smithsonian may use past performance information obtained from sources other than the references identified by your Company.

All evaluation factors other than the financial, business, and legal terms factor, when combined, are more important than the Financial, business, and legal terms factor. The Smithsonian reserves the right in all cases to be the sole judge determining whether a company meets the evaluation criteria.

V. DEADLINES

Questions and Notification of Intent to Submit a Proposal Due: Questions and Notifications must be received at the email address preid@si.edu by 2:00 P.M. Eastern Time Monday, December 15, 2014.

Proposals Due: Proposals must be received via email and/or overnight courier at the email address preid@si.edu and at 600 Maryland Avenue SW, Suite 6001 Washington DC 20024 by 2:00 P.M. Eastern Time Friday, January 9, 2015 in order to be considered.

VI. ATTACHMENTS

Exhibit A: Executive Summary: Smithsonian Strategic Plan Exhibit B: Notable Contract Concepts Exhibit C: Representations and Certifications

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