La. Admin. Code tit. 76 § V-313

Current through Register Vol. 50, No. 9, September 20, 2024
Section V-313 - Guidelines for Production and Marketing Plan-1989 Louisiana Waterfowl Conservation Stamp and Art Print Program
A. All prospective contractors are required to carefully review the following minimum requirements for design, production, marketing, and project administration for the 1989 Louisiana Waterfowl Conservation Stamp and Art Print Program.
1. Publisher's Responsibilities
a. Design Arrangements. Bidders responding must agree to produce and market the design selected by the department for the 1989 stamp and print. Upon selection of the design, the original art work and all reproduction rights will become the property of the Department of Wildlife and Fisheries. The contractor shall supply the department with two print size photos or stamp prints suitable for copyright application within 60 days after the contract is awarded. Within 15 days of contract award, the successful bidder is required to contract with the winning artist for services and compensation specified below and must file a copy of the contract with the department:
i. participate in the quality control process of stamp, art print, and medallion production to ensure accurate design reproduction, sharpness, and color balance;
ii. participate in trade shows, promotional tours in Louisiana, and other appropriate appearances;
iii. sign the original work of art and the required number of stamps, and sign and number all limited edition prints; and
iv. produce hand-rendered, full-color remarques on the executive edition prints and any other prints authorized by the Department of Wildlife and Fisheries;
v. the state reserves the right to intervene in any disputes between the artist and contractor. All payments and compensation to the artist for this project are the responsibility of the contractor and shall be as follows:
(a).$3 per art print for the first 5,000 sold;
(b).$4 per art print number for the second 5,000 sold;
(c).$5 per art print in excess of 10,000;
(d).$40 per color remarque (executive and artist proof edition);
(e).$ 0.25 per signed stamp.
2. Contract. The successful bidder will be required to enter into a contract with the department for a period not to exceed three years with an option to renew. Details established in these guidelines are for the 1989-90 Conservation Stamp and Print Program. However, all bids should include proposals for the term of the contract. Specific details concerning advertising, marketing, etc., proposed for the second and third year may differ from that proposed for the first year. Contractors must submit proposals to the department no later than December 16, 1988.
3. Production of Stamps. A copy of the keyline and a kromalin proof of the stamp design will be delivered to the department for review. On or before June 1, 1989, the contractor will be required to deliver to the department without charge a minimum of 339,970 stamps, produced, printed, and packaged according to the following specifications.
a. Stock should be 70# White English finish (matte) or an equivalent quality stock specified by the department. Printing ink should be four-color process on the front side and PMS 421 (gray) on the back side. Printing should be high quality-133 line press or better.
b. Stamp size will be 1 3/8-inch by 2 inches. Perforations will be pinhole with 14 pinholes per inch on all four sides of the stamps.
c. Printing will be two sides, head to head. Four full-size final press sheets will be provided to the department as soon as available. Press sheets will not be gummed, numbered, or perforated.
d. A minimum of 79,980 stamps will be produced in 2,666 sheets of 30 stamps each. Each sheet is to be serially numbered from 0001 to 2666 in each corner of the selvage area to form plate blocks. Each stamp is to be consecutively numbered from 00001 to 79980 with numbers printed on the back in black ink. This stamp shall be printed with a price of $5.
e. A minimum of 39,990 stamps will be produced in 1,333 sheets of 30 stamps each. Each sheet is to be serially numbered from 2667 to 4000 in each corner of the selvage area to form plate blocks. Each stamp is to be consecutively numbered from 79981 to 119971 with numbers printed on the back in black ink. This stamp shall be printed with a price of $7.50.
f. A minimum of 20,000 stamps will be produced in manifold sets with address cards for license vendors. Each manifold set will contain a sheet of five stamps with perforated address stubs. Each book shall contain two manifold sets or 10 stamps per book. The size, indicated price and quality of these stamps must be the same as those produced in sheets for collectors (Subparagraph e above), and they must be numbered consecutively with stamps produced in sheets. Each manifold set will include a cover sheet.
g. A minimum of 200,000 stamps will be produced in manifold sets with address cards for license vendors. Each manifold set will contain a sheet of five stamps with perforated address stub. Each book shall contain two manifold sets or 10 stamps per book. The size and quality of these stamps must be the same as those produced in sheets for collectors (Subparagraph d above), and they must be numbered consecutively with stamps produced in sheets. Each manifold set will include a cover sheet colored differently than Subparagraph f.
h. Costs of producing stamp manifold sets, over and above the costs of printing the stamps, shall be borne by the state, through a deduction from the contractor's final royalty payment to the state. The proposal shall include the name of the subcontract printer and the cost to the department for these manifold sets.
i. Any overage or misprinted stamps must be destroyed by shredding. An affidavit by the printer as to disposition of stamps shall be provided to the department.
j. Sheets of 30 stamps will be packaged or boxed in hundreds, slip-sheeted to prevent sticking, with the lowest sheet number at the top of the package. All packages will be marked to show the sheet numbers and stamp numbers. All shipping and insurance charges are the responsibility of the contractor. Shipping must be by a qualified shipper to ensure against loss or delays in delivery.
k. The printing process may be monitored by a representative of the department. Delivery of the printing plates is to be made by the printer directly to the department upon completion of press run and acceptance of stamps by the department.
4. Sale of Stamps
a. Except as provided, it is the intention of the Department of Wildlife and Fisheries to have exclusive rights for the sale of all stamps, and no more stamps than are specified in the negotiated contract shall be printed except upon written order from the department.
b. The Department of Wildlife and Fisheries will reserve resident and nonresident stamps specifically for the purpose of accompanying the limited edition prints. The contractor must state in the proposal the quantity of stamps desired.
c. A resident and nonresident stamp will be sold by the contractor with all art prints and also sold separately to collectors. Stamps will be purchased from the department by the contractor for the sum of $5 for a resident stamp and $7.50 for a nonresident stamp payable in accordance with the terms of the negotiated contract. The contractor will dispense both stamps with the print. However, payment for the stamps will not be required in advance but it will be allowable to include stamp payments with royalties paid to the department.
5. Production of Prints
a. The contractor will have exclusive rights to reproduce the design submitted, as allowed by the contract, and to market prints only in the following editions and priced as indicated.
i. Regular Edition-numbered, signed by artist.

Maximum Retail Price

$135

Minimum Royalty to Department per Print Sold

$ 35

ii. Medallion Edition-numbered, signed by artist, with gold-plated medallion.

Maximum Retail Price

$300

Minimum Royalty to Department per Print Sold

$ 65

iii. Executive Edition-numbered, signed by artist, artist remarque, with gold-plated medallion. Artist shall include schedule for delivery of remarqued edition.

Maximum Retail Price

$450

Minimum Royalty to Department per Print Sold

$ 75

iv. Conservation Edition-numbered separately, signed by artist, labeled as "Conservation Edition." This edition will be provided at no cost to the department for promotional purposes.
v. Artist Proof-edition size, pricing scale and royalty to the department must be included on the proposal.
b. The department shall receive from the publisher an irrevocable bond in the amount of $500,000 to insure royalty payments for the three-year period of the contract. This bond will be required at the time the contract is awarded.
c. The edition sizes (Regular, Medallion, and Executive Editions) may be preset or time limited. On or about November 1, 1989, after the deadline for receipt of distributor orders, all unsold prints shall be destroyed and a letter shall be sent to the department certifying the total number of prints sold in each print edition. However, at least 200 prints should be retained as replacements in the regular edition and not less than 50 prints for the medallion issue. These prints will be returned to the state by mid-1990. The publisher will be responsible for replacing these prints for a reasonable time. Upon request the contractor will provide distributors and dealers a copy of that letter. If the contractor elects to propose a preset edition, edition size shall be stated in the proposal. The department will retain all other reproduction rights. Any other proposed editions or use of the image on products to be sold to the public must be specified in the proposal.
d. The overall size of the print must be at least 12 inches by 14 inches with an image size of at least 6 1/2 inches by 9 inches.
e. The contractor will purchase a resident and nonresident stamp from the department to accompany each print. The lowest numbered prints will be provided to Louisiana dealers. The contractor will provide the department with a registry of purchasers of the 1989 stamps and prints.
6. Advertising and Marketing. The success of the stamp and print program depends on a broad, effective network of distributors and dealers to maintain and increase sales. The contractor should provide in his plan the following-cooperative advertising and dealer incentives, distributor-dealer marketing plan, pricing and volume discounts, and marketing aids for dealers (e.g., counter display cards, ads). Although the department has no desire to exercise control over distributors or urge divulgence of their competitive strategies, the department is interested in the effort the contractor proposes to make to promote the program as distributors.
a. Advertising. The contractor will be responsible for conducting an aggressive nationwide advertising and marketing campaign for the prints and stamps. An advertising schedule shall be included as part of the marketing proposal. All costs associated with the campaign will be the responsibility of the contractor. The contractor will establish a common release date for the first release of advertising material by all distributors. The campaign should include:
i. Direct Nationwide Magazine Advertising. The contractor will advertise prints and stamps nationally and regionally in magazines to include, but not limited to- Ducks Unlimited, Wildfowl, Southern Outdoors, Fin and Feather (Full Circulation), Wildlife Art News, Collectors Mart, Stamp Collector, and Stamp Work. An advertising schedule, including magazine issue, size of ads, and costs must be included with the proposal. The schedule will be a part of the negotiated contract. The ads will be professionally designed and proof of advertising must be submitted as part of the contractor's monthly reports to the department;
ii. Direct Local Newspaper Advertising. The contractor will advertise locally in Louisiana newspapers. An advertising schedule, including anticipated size of ads, name of newspaper and frequency of advertising should be included with the proposal. The schedule will be a part of the negotiated contract. Publications will include, but not be limited to-Times Picayune, The Advocate, Shreveport Journal, Alexandria Town Talk, Lake Charles Press, Lafayette Daily Advertiser, Monroe News Star World. These advertisements will identify dealers and ads will be aimed at educating collectors and directing them to their local source of prints.
b. Marketing Plan. The contractor will develop and describe a detailed marketing plan in the proposal that includes at least the following elements.
i. List of Proposed Distributors. The proposal should list all national and Louisiana distributors expected to market prints and stamps, as well as describe the criteria for qualification as a distributor.
ii. The Publisher-Distributor Agreement. Provisions of this agreement should ensure that the distributors:
(a). make timely payments;
(b).advertise and provide verification;
(c).provide dealer incentives;
(d).make all payments due the department payable directly to the contractor. Any nonpayment by distributors shall not release the contractor from the liability of royalty payments.
iii. Price Distribution for Products. The proposal should include a schedule of retail, wholesale, and distributor prices for each edition of prints, posters, or other products to be sold to the public.
iv. Distributor Discounts and Incentives. The proposal should describe any volume discounts and advertising credits to distributors that would escalate according to the number of prints ordered. In addition, the proposal should describe a cooperative program with participating Louisiana dealers that would provide them with national advertising at no cost. Such a program would encourage greater dealer participation in marketing the Louisiana waterfowl conservation stamp and print.
v. Mailing and Press Releases. The contractor will produce press releases for national media and conduct periodic mailings to distributors to provide promotional support, transmit news on the status of sales, and inform dealers of the purpose of the program, the nature of the design subject, and artist's background.
vi. Artist Appearances and Trade Shows. The proposal should list a schedule of artist appearances, in Louisiana and elsewhere, as well as any trade shows where the design and program will be promoted.
vii. Other Marketing Methods. The proposal should describe any innovative or expanded marketing approaches (e.g., telemarketing, catalog sales) that will be used to promote sales and the program.
c. Marketing Aids. The contractor will produce marketing aids, available to distributors at cost and, as specified, to the department at no charge, including:
i. press proofs-full-size color prints (stamped "Sample Not for Sale") with facsimile of stamp; 30 for the department;
ii. full-color mailers-to be 8 1/2 inches by 11 inches in size with information about the print, department program, and artist; minimum of 125,000 total, 500 for the department. Department approval required;
iii. black and white glossy photos-for use in advertising campaigns and press releases;
iv. posters:
(a). 1,500 posters, 18 inches by 24 inches, specifically designed for hunting license vendors, to be distributed by the department. Department approval required;
(b). quality art posters of the same size designed to promote the print and stamp program; 100 to the department. Posters may be given to distributors and dealers free of charge for promotional purposes. The state will receive a royalty on each poster sold after the first 2,000;
v. artist information fliers.
7. Administration
a. The contractor is required to submit monthly progress reports to the department, including a summary of marketing activity and outlook for sales, reports of any problems encountered with the program, subcontractors, or distributors, and documentation such as ad tear sheets, fliers, and inventory records.
b. The contractor must be able to cover all expenses up front for advertising, printing, and other financial obligations and meet the proposed time table for the negotiated contract. Any anticipated support from the department must be detailed in the proposal and agreed to in negotiations.
c. The department expects to receive a royalty on each print sold on the sale of any art posters and supplemental products.
d. The contractor will be required to provide the department with an accounting of all production and disposition of products.
e. If full payment is not made, the contractor shall be required to remit the payment to the department together with penalty at a rate of 18 percent per annum from the date due through the date of the final payment.
f. All payments will be remitted to the department no later than April 1, 1990. A proposed schedule of payments must be included in the proposal.
B. Project Schedule. The following is a proposed time schedule for this contract including due dates of deliverables.

Date

Announcement of Art Contest

09/14/88

Art Work Submitted by

11/14/88

Selection of Winner

11/17/88

Contract Awarded

01/15/89

Delivery of Press Proofs

04/01/89

Delivery of Keyline and Kromalin Proof of Stamp Design to Department

04/01/89

Beginning of Advertising Campaign

04/01/89

Delivery of Final Stamp Press Sheets

05/01/89

Printing of Art Prints

05/01/89

Delivery of All Stamps and Printing Plates

06/01/89

Delivery of Conservation Edition Prints

08/15/89

Distribution of all Executive Edition Prints

*

End of Sale of Art Prints

09/30/89

Begin Distribution of All Regular and Medallion Prints

11/15/89

Return of Original Art Work and Delivery of Printing Plates

02/01/90

Submission of Audit and Final Report

04/01/90

Final Payments to Department

04/01/90

Submission of Progress Reports

monthly

* Negotiable but no later than January 30, 1990

La. Admin. Code tit. 76, § V-313

Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 15:106 (February 1989).
AUTHORITY NOTE: Promulgated in accordance with R.S. 56:6 et seq.