Creative Advertising and Audio Visual - Interactive Production Services Invitation to Qualify (ITQ) Part I Statement of Work

Transcription

1 Creative Advertising and Audio Visual - Interactive Production Services Invitation to Qualify (ITQ) Part I Statement of Work OVERVIEW The purpose of the Creative Advertising and Audio Visual - Interactive Production Services Invitation to Qualify (ITQ) statewide contract is to address the Creative Advertising and Audio Visual - Interactive Production Services requirements of the Commonwealth of Pennsylvania s executive agencies. In addition, Local Public Procurement Units, as defined by the Commonwealth Procurement Code, may use this contract in accordance with the COSTARS Provision contained in Section 57 of the terms and conditions. This contract is administered by the Commonwealth of Pennsylvania, Department of General Services, Bureau of Procurement and will be managed by the Governor s Office of Pennsylvania. All inquiries should be referred to: Pam Gabriel Contracting Officer Department of General Services Bureau of Procurement, 6 th Floor 555 Walnut Street Harrisburg, PA (717) pgabriel@pa.gov SCOPE OF WORK TO BE PERFORMED The various types of services that may be provided under this ITQ contract are divided into a series of defined Creative and Production Service Categories. The Commonwealth has attempted to list specific services under each description. Any services that are not listed, but would fall within the normal services of category can be provided under the contract. The Commonwealth may add additional categories as the need arises. In providing Services under this ITQ, qualified contractors shall meet the following requirements, as applicable: a. Applicants must have the ability to interact with discretion when dealing with personnel at all levels of government. Also possess strong communication skills to effectively disseminate information throughout the Commonwealth organization as well as the public and political sectors. b. The contractor(s) shall coordinate with the Media Planning Service Contractor providing the Media Buy as needed. c. The contractor(s) may need to coordinate print and printing services with the Department of General Services, Bureau of Publications for printing and related needs for particular advertising projects. d. The contractor(s) shall coordinate Video and Audio Production Services with Commonwealth Media Services, if appropriate. e. Commonwealth Media Services reserves the right to approve all talent used and requires the use of Commonwealth talent, when available. Commonwealth of Pennsylvania has the option to buyout talent. Rev Page 1

2 f. The contractor(s) must accept the terms and conditions for accessing Social Media sites when providing such services as requested by Using Agencies. Rev Page 2

3 PREVAILING MINIMUM WAGES Where applicable, the Contractor is subject to and shall comply with the provisions, duties, obligations, remedies and penalties of the Pennsylvania Prevailing Wage Act, 43 P.S. Sections through and its regulations 34 Pa. Code through 9.112, which are incorporated herein by reference as if fully set forth herein. The Contractor shall pay no less than the wage rates including contributions for employee benefits as determined by the Secretary of Labor and Industry (hereinafter referred to in this paragraph as "Secretary") for each craft or classification of all workers needed to perform this contract during the term hereof for the county in which the work is to be performed. In compliance with said Pennsylvania Prevailing Wage Act, the Prevailing Minimum Wage Predetermination, as approved by the Secretary, is attached hereto and made a part hereof. a. The provisions of this paragraph shall apply to all work covered by the Prevailing Wage Act which will be performed on the contract by the Contractor and all subcontractors. The Contractor shall insert in each of its subcontracts all of these required contract provisions and stipulations contained in this paragraph and such other stipulations as may be required. b. No worker may be employed on the public work except in accordance with the classifications set forth in the decisions of the Secretary. In the event that additional or different classifications are necessary, the procedure set forth in section 8 of the Act (43 P.S ) and of the Act s Regulations (relating to petition for review of rates and hearings) shall be followed. c. Workers employed or working on the public work shall be paid unconditionally, regardless of whether any contractual relationship exists or the nature of a contractually relationship which may be alleged to exist between a contractor, subcontractor and workers, at least once a week without deduction or rebate, on any account, either directly or indirectly, except authorized deductions, the full amounts due at the time of payment, computed at the rates applicable to the time worked in the appropriate classification. Nothing in the contract, the Prevailing Wage Act or its Regulations prohibits the payment of more than the general prevailing minimum wage rates as determined by the Secretary to any worker or public work. d. The Contractor and each subcontractor shall post for the entire period of construction the wage determination decisions of the Secretary, including the effective date of changes thereof, in a prominent and easily accessible place or places at the site of the work and at the place or places used by them to pay workmen their wages. The posted notice of wage rates shall contain the following information: 1) The name of project. 2) The name of public body of which it is being constructed. 3) The crafts and classifications of workmen listed in the Secretary's general prevailing minimum wage rate determination for the particular project. 4) The general prevailing minimum wage rates determined for each craft and classification and the effective date of changes. 5) A statement advising workers that if they have been paid less than the general prevailing minimum wage rate for their job classification or that the Contractor or subcontractor are not complying with the act or the regulations in any manner whatsoever, the worker may file a protest in writing with the Secretary of Labor and Industry within 3 months of the date of the occurrence, objecting to the payment to a Contractor to the extent of the amount due or to become due to them as wages for work performed on the public work project.. A worker paid less than the rate specified in the contract shall have a civil right of action for the difference between the wage paid and the wages stipulated in the contract, which right Rev Page 3

4 of action must be exercised within 6 months from the occurrence of the event creating the right. e. The Contractor and subcontractors shall keep an accurate record showing the name, craft or classification, number of hours worked per day, and the actual hourly rate of wage paid including employee benefits, to each worker employed by the Contractor or subcontractor in connection with the public work. The record shall include deductions from each worker. The record shall be preserved for 2 years from the date of payment and shall be open at reasonable hours to the inspection of the public body awarding the contract and to the Secretary or the Secretary s authorized representatives. f. Apprentices shall be limited to numbers in accordance with a bona fide apprenticeship program registered with and approved by the Pennsylvania Apprenticeship and Training Council and only apprentices whose training and employment are in full compliance with The Apprenticeship and Training Act (43 P.S ), approved July 14, 1961 and the regulations issued thereto shall be employed on the public work project. A worker using the tools of a craft who does not qualify as an apprentice within the provisions of this subsection shall be paid the rate predetermined for journeymen in that particular craft or classification. g. Wages shall be paid without deductions except authorized deductions. Employers not parties to a contract requiring contributions for employee benefits which the Secretary of Labor and Industry has determined to be included in the general prevailing minimum wage rate shall pay the monetary equivalent thereof directly to the workers. h. Payment of compensation to workers for work performed on public work on a lump sum basis, or a piece work system, or a price certain for the completion of a certain amount of work, or the production of a certain result shall be deemed a violation of the Act, regardless of the average hourly earnings resulting therefrom. i. Each Contractor and each subcontractor shall file a statement each week and a final statement at the conclusion of the work on the contract with the contracting agency, under oath, and in form satisfactory to the Secretary, certifying that workers have been paid wages in strict conformity with the provisions of paragraph. If wages remain unpaid, to the Contractor or subcontractor shall set forth the amount of wages due and owing to each worker respectively. A copy of the form entitled "Contractor's or Subcontractor's Weekly Payroll Certification for Public Works Projects" is attached hereto. j. Before final payment is made, a final wage certification must be submitted by all contractors and subcontractors. UNION LABOR The Contractor must quote and use Prevailing Wage Rates and Union Labor for installation in areas/buildings that are Union covered. QUOTES FOR SERVICES Pricing for services will be provided to the Using Agency as projects are offered. Pricing shall be detailed, but fall within the following line items which will mirror the line items of the contract. Projects should be quoted by fixed price deliverables unless the project cannot be defined as such. Agencies and contractors can provide milestones for which partial payments of a deliverable can be processed. Personnel (breakdown by salary or hourly cost and benefits) Operational Deliverables Sub-Contracts Miscellaneous Rev Page 4

5 FUNDS COMMITMENTS In the event that Department of General Services approves payment for services to be made via a Funds Commitment rather than an agency purchase order, all references to purchase order or purchase orders in the Contract Terms and Conditions (Part IV) shall be replaced with a reference to the defined term Contract. A written notice to proceed signed by the Contracting Officer will constitute the Contractor s authority to perform services. PAYMENTS OF INVOICES Prior to any payment being made, the Contractor must submit original itemized invoices to the purchasing agency in draft format. Upon approval of the invoice by the purchasing Agency the supplier must submit the approved invoice to: Comptrollers PO Box Harrisburg, PA REPORTING Contractor shall provide reports to the Department of General Services and/or the Using Agencies as defined below. Reports will be made available in standard electronic (MS Office) format. The Contractor may elect to work with the Commonwealth to develop web based customizable, ondemand reports. The reports shall be sent to the Contracting Officer and/or using Agency as identified below. 1. Status/Timeline Report. Contractor shall provide a Status/Timeline report on each project on a weekly or other designated periodic basis as defined by the Using Agency. 2. Annual Project Summary Report. All Contractors shall provide annual reports to the Contracting Officer showing a summary of work performed for all Using Agencies. The information should be provided in Microsoft Excel format and have the following sortable, data fields: State Agency Name Name of Project Account Executive/Account Manager Purchase Order Number (if applicable) Total Value of Project % of Project Completed 3. Post Project Evaluation Report. Contractor shall provide upon request a Post Project Evaluation Report to the Using Agency identifying any recommendations that may have improved the campaign/project. SMALL BUSINESSES The Commonwealth reserves the right to make a best value selection under this ITQ among only those qualifying vendors that are small businesses, if the Commonwealth determines in its sole discretion that the use of a small business vendor for the provision of a category of service is in the best interests of the Commonwealth. If such a determination is made, the Commonwealth will invite all qualifying small business vendors in the service category to participate as appropriate. COSTARS PROGRAM Local Public Procurement Units, as defined by the Commonwealth Procurement Code, may use this contract in accordance with the COSTARS Purchasers Provision contained within Section 57 of the Contract terms and conditions. COSTARS REPORTING REQUIREMENTS If you checked Yes in Step 6 when developing your qualification bid for the ITQ Creative Advertising and Audio Visual - Interactive Production Services contract, , you agreed to participate in the Commonwealth s COSTARS program, and you are bound by the COSTARS Purchasers Provision contained within Section 57 of the Contract terms and conditions (Part IV). The requirement to report COSTARS sales to DGS COSTARS Program Office is contained in Rev Page 5

6 subsection E of the COSTARS Purchasers Provision. By agreeing to participate in the COSTARS program, you are required to report COSTARS sales to DGS on a quarterly basis. Even if you had no COSTARS sales, you must file a report. COSTARS sales for the ITQ Creative Advertising and Audio Visual - Interactive Production Services contract can now be reported through the automated COSTARS sales reporting system located on the COSTARS website. Information required will be your vendor number, contract number, date of sale, customer name and the amount of the sale. It is also recommended that you record the COSTARS Member ID number. Detailed instructions appear below. The deadline for submitting sales information is the 15th day of the month following the end of the quarter. Failure to report COSTARS sales is in breach of contract, and may result in DGS suspending your participation in the COSTARS program. Note: This system is to be used to record sales to COSTARS members ONLY! ZERO sales for a particular quarter must also be reported. INSTRUCTIONS FOR COSTARS SALES REPORTING FOR STATEWIDE CONTRACT SUPPLIERS A. Go to Click on the Suppliers button. B. Click on the COSTARS Suppliers Gateway link on the right. Click on the State Contract link click here. C. Enter your Vendor Number to gain access to the system. When your Vendor Number is found, you will be taken to the Sales Reporting Authorization screen. D. Enter your first and last name. Click Continue. E. You will be taken to the Sales Reporting Screen. Select from the Contract Number dropdown the Contract Number you want to report sales for and then click the Continue button located next to it. F. To enter a new Sale or to report No Sales this Quarter, click on the Insert button at the top left. G. Enter the Customer Name or part of the Customer Name into the Customer Search field. If you are reporting NO SALES THIS QUARTER, type NO SALES into the search field. Click the Search button. H. Select the Customer Name from the dropdown list, or select NO SALES THIS QUARTER. To proceed, you will need to click on the Continue button to the right of the list. The system will locate the Customer Name in the Members Database and will pre-fill the Address and County fields for you. I. You will then enter a Sales Date and Sales Amount. J. Click on the Save button. The data is saved and immediately accessible by COSTARS Program staff. For your convenience, there is also a Sales Reporting Manual for Statewide Contracts in the Resource Center on this site. For additional assistance or questions, please call Rev Page 6