Jump to content
The Wifcon Forums and Blogs
HappyinNM

Solicitation - Art Work

Recommended Posts

Need assistance - have not come across this before. We have a need to procure custom painting original work over $25,000. We are not sure how to compete this requirement as we know this would not be a sole source. It is unique as the artist/company that receives the award will have to paint original subjects that are unique to the customer. It would not be likely that there would be artists out on FedBizOpps looking for work or even CCR registered. Any suggestions/help is greatly appreciated.

Share this post


Link to post
Share on other sites

Have you considered placing an order off of GSA Schedule 72 (FURNISHING AND FLOOR COVERINGS). SIN 722 05 is "WALL ART INCLUDING PAINTINGS, PHOTOGRAPHS, AND POSTERS (SMALL BUSINESS SET ASIDE) Includes oil and acrylic paintings, oil replicas on canvas, photographic prints, and other art work (e.g., posters, prints, transparencies, and artwork from processes such as engravings, lithographs and serigraphs)." That would probably be a good place to start.

Share this post


Link to post
Share on other sites

Pages 4-256 through 4-258 of the Red Book Volume I (http://www.gao.gov/special.pubs/d04261sp.pdf) provide some guidance on using appropriated funds to buy artwork. This includes a reference to the Federal Property Management Regulations, 41 C.F.R. ? 101.26.103-2 (2003) for guidance on the purchase of decorative items for federal buildings such as paintings, sculpture, and so forth.

Regarding artwork for buildings, see also Red Book Volume III (http://www.gao.gov/special.pubs/d08978sp.pdf), where on page 13-192, you will read, ?Federal agencies must incorporate fine arts as an integral part of the total building concept when designing new Federal buildings, and when making substantial repairs and alterations to existing Federal buildings, as appropriate. The selected fine arts, including painting, sculpture, and artistic work in other media, must reflect the national cultural heritage and emphasize the work of living American artists.?

You don't mention what agency you're with or the purpose of the artwork, but I hope this is helpful.

Share this post


Link to post
Share on other sites

There are design studios and artists registered in CCR. Depending on the purpose of the artwork, you could advertise your need in a newspaper or artists magazine (as well as in fedbizopps). You could visit your local artists association to make a pitch, putting something on their bulletin board or attending one of their meetings (tell them to get registered in CCR if they?re interested). These are all good market research techniques. Your evaluation factors can be few and carefully targeted, and you might want an oral presentation with a portfolio instead of a written technical proposal. You can do a down-select, so to speak, such as is contemplated by FAR 15.202 ? this way, several artists can submit initial ideas for your screening and then you only have to work closely with a few in the final selection. It sounds like a fun procurement!

Share this post


Link to post
Share on other sites

Chapter 6.7 of the Federal Transit Administration's Best Practices Procurement Manual (BPPM) (http://www.fta.dot.gov/funding/thirdpartyprocurement/bppm/grants_financing_6189.html#BM6_7) has some helpful guidance on the subject of procuring artwork, including sharing information with artists, releasing budget estimates, methods of selecting artists, conducting the competition, type of contract, payment considerations, and intellectual property considerations. I recommend it for your reading.

See also the website at http://www.fta.dot.gov/funding/thirdpartyp...ncing_6079.html.

Share this post


Link to post
Share on other sites

Hi. Do some research under Part 27, copyrights. I believe you will find a clause you can use.

We contracted competitively for artist to depict renditions of various historical and cultural resources. It was small business set aside, commercial (local set aside), we asked for sample art work and had specific evaluation criteria including simple past performance review. Everybody was happy with the price, contractor, results.

-

Share this post


Link to post
Share on other sites
Hi. Do some research under Part 27, copyrights. I believe you will find a clause you can use.

We contracted competitively for artist to depict renditions of various historical and cultural resources. It was small business set aside, commercial (local set aside), we asked for sample art work and had specific evaluation criteria including simple past performance review. Everybody was happy with the price, contractor, results.

-

You did a local area set-aside for art work? Was the purchase in support of major disaster or emergency assistance activities?

Share this post


Link to post
Share on other sites
You did a local area set-aside for art work? Was the purchase in support of major disaster or emergency assistance activities?

No, it was for various National Parks. I believe it was fee franchise or some other types of funding but not disaster or emergency funds.

Share this post


Link to post
Share on other sites
No, it was for various National Parks. I believe it was fee franchise or some other types of funding but not disaster or emergency funds.

Under what authority did you do a local area set-aside? The only authority I know of is for disaster/emergency assistance activities (FAR Subpart 26.2).

Share this post


Link to post
Share on other sites
Under what authority did you do a local area set-aside? The only authority I know of is for disaster/emergency assistance activities (FAR Subpart 26.2).

Well, not sure how to answer that one. I am not at the Park Service any more, but I do remember legal / solicitor getting involved. It was not 'authority' to procure at issue, but to ensure the artist was protected in the event of someone wanted to commercialize this wall art at the parks (copyright?).

If you refer to funding (appropriations), it may not have been appropriated funds being used--fee revenue...not sure. However, I did not encounter any expression of this procurement being outside of any law or anything.

-b

Share this post


Link to post
Share on other sites
Need assistance - have not come across this before. We have a need to procure custom painting original work over $25,000. We are not sure how to compete this requirement as we know this would not be a sole source. It is unique as the artist/company that receives the award will have to paint original subjects that are unique to the customer. It would not be likely that there would be artists out on FedBizOpps looking for work or even CCR registered. Any suggestions/help is greatly appreciated.

The Merchants Guild of Florence conducted such a competition in 1401, for the famous doors of the Church of St. John the Baptist--the Baptistry of Florence. You can read how they did it in Walker, The Feud That Sparked the Renaissance: How Brunelleschi and Ghiberti Changed the Art World (2002), pp. 13 - 25, and De Vere, trans., Vasari, Lives of the Painters, Sculpters, and Architects, Everyman's Library (1996). Vol. I, pp. 292 - 293 and 329 - 330. The competitors were Lorenzo Ghiberti, Filippo de Brunellesco (Brunelleschi), Donato (Donatello), Lorenzo di Bartoluccio, Jacopo della Quercia, Niccolo di Arezzo, Francesco di Valdambrina, and Simone de Colle. Ghiberti won. See also Krautheimer, Lorenzo Ghiberti, Princeton University Press (1982), pp. 31 - 43. Great story! Also, see any of a number of works about the competition for the Vietnam Veterans Memorial, which is another terrific story.

It they could do it in 1401, I hope you can do it in 2010. Of course, they did not have the FAR to contend with, but that's no big deal. This could be a fun procurement. Maybe you'll make art history!

Share this post


Link to post
Share on other sites

Back in the mid eighties, we procured a memorial monument (you would all know of it). We basically followed the A&E selection process. We requested proposed designs and had a selection board, etc. It was funded with non-apropriated funds, so we didn't have to contend with FAR.

Share this post


Link to post
Share on other sites
Need assistance - have not come across this before. We have a need to procure custom painting original work over $25,000. We are not sure how to compete this requirement as we know this would not be a sole source. It is unique as the artist/company that receives the award will have to paint original subjects that are unique to the customer. It would not be likely that there would be artists out on FedBizOpps looking for work or even CCR registered. Any suggestions/help is greatly appreciated.

First, do a little market research. Post something on FEDBIZOPPS. Use NAICS 711510. While you probably won't receive an expression of interest from a Fiorentine firm, you probably will get some from around the US.

After your market research, issue a solicitation under FAR 13 or 13.5. Use price, experience and past performance as your evaluation factors.

FYI, here is a notice from a 3 year old FEDBIZOPPS:

Quote

COMMISIONED OIL PORTRAIT OF DEPARTMENT HEAD - OFFICAL WALL PORTRAIT DOJ-FAS-7-01-0004 090707 09222007 John Schrecengost, Contracting officer, Phone 202-616-3908, Fax 202-307-1915, Email john.schrecengost@usdoj.gov This is a notice of intent to award a sole source purchase order to PORTRAIT S INC, d.b.a., PORTRAITS SOUTH, of Raleigh, North Carolina. It is customary and permissible for the Attorney General to select the artist; Mr. Dean L. Paules has beed selected as the offical portrait artist. The Department of Justice has a need for the services a professional artist to prepare a 3/4 length official government portrait of the Attorney General. The finished portrait shall be displayed within the Department of Justice for inclusion in the Department's Official Portrait Collection of Past Attorneys General. This action is set aside for small business. The North American Industrial Classification Code System (NAICS) code for this pending action is 711510. For this NAICS, the small business size standard is $6.5 million. Only responses received by 09/07/2007, as a result of this notice of intent, shall be considered solely for the purpose of determining whether to conduct a competitive procurement. Responses will not be considered as either proposals or bids. A determination by the Government not to open this requirement to competition, based upon the written responses to this notice, is solely within the discretion of the Government. Inquiries shall be faxed to the attention of John Schrecengost, DOJ/JMD/FASS/RPMS, on 202.307.1915. [Please refer to Numbered Note "22"]

Unquote

Share this post


Link to post
Share on other sites

.

The Army's Contracting Center of Excellence (used to be DSS-W) acquires the services of portrait artists regularly through FBO.gov. I've seen these at the Army's asfi site, but it looks like that site is being phased out. Chairmen of the Joint Chiefs and Secretaries of Defense are all painted. I don't know who else.

C.f., https://www.fbo.gov/index?s=opportunity&amp...re&_cview=1

look at the "Interested Vendors" Tab.

These can run into 6 figures, and require multiple sittings.

.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.

×