State of OregonOregon State Treasury

350 WINTER STREET NE, SUITE 100SALEM, OREGON 97301-3896

on behalf of the Oregon Retirement Savings Board

REQUEST FOR PROPOSAL (RFP) #170-1162-17

FOR

Marketing Services

Date of Issue: May 16, 2017

Closing Date/Time: June 15, 2017 4:00 PM Pacific Time

Single Point of Contact (SPC): Connie Lelack

Address: 350 Winter St NE Suite 100

City, State, Zip Salem, OR 97301

Phone (voice) 503-378-2335

E-mail: connie.lelack@ost.state.or.us

TABLE OF CONTENTS

1.0 Introduction1.1 Background1.2 Scope of Work1.3 Schedule1.4 Single Point of Contact1.5 Authority and Method1.6 Pre-Proposal Conference

2.0 Proposal Requirements2.1 Proposal Submission Requirements

2.1.1 Proposal Format and Quantity2.1.2 Electronic Submission

2.2 RFP Questions 2.3 Protests2.4 References2.5 Interviews/Follow-up Questions

3.0 Scoring Criteria3.1 Requirements3.2 Scored Criteria

3.2.1 Firm Qualifications and Experience3.2.2 Project Implementation Plan3.2.3 Project Team Qualifications and Experience3.2.4 Recent/Related Work3.2.5 Cost Proposal

4.0 Proposal Evaluations4.1 Evaluation Process4.2 Pass/Fail Criteria4.3 Evaluation Criteria4.4 Notice of Intent to Award

5.0 General Solicitation Terms

ATTACHMENTS:Attachment A – Proposal Cover SheetAttachment B – Affidavit of Trade Secret Attachment C – Affidavit of Compliance with Tax LawsAttachment D – Proposer Certification SheetAttachment E – Sample Contract

Exhibit A – Statement of WorkExhibit B – Insurance RequirementsExhibit C – Tax Compliance Certification

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GENERAL INFORMATION

1.0 INTRODUCTION

The State of Oregon, acting by and through the Oregon Retirement Savings Plan Board (“Board”) is seeking proposals from qualified professional firms for the purpose of performing Marketing Services for OregonSaves (the “Program” or “Plan”). All firms submitting proposals are referred to as Proposers in this document; after negotiations, the awarded Proposer will be designated as Contractor. The Oregon State Treasury (Treasury) provides staff to the Board pursuant to ORS 178.200(8).

The initial term of the resulting Contract, if any, is anticipated to be through December 31, 2019, which may be extended.

1.1 BACKGROUND

In 2015, the Oregon Legislative Assembly enacted House Bill 2960, which is codified at ORS 178.200 through 178.245 (the “2015 Act”) calling for the establishment of a state-administered retirement savings program (the “Plan” or “Program”) that provides employees with automatic enrollment, payroll deduction, and automatic annual contribution escalation, all on a flexible, opt-out basis.  The Plan is governed by an appointed board and is managed by the Board’s contracted Plan Service Provider.  

The 2015 Act provides that the Board shall establish a Plan in compliance with these intended rules. The Plan developed and established by the Board under section 2 of this 2015 Act must:

A. Allow eligible individuals employed for compensation in this state to contribute to an account established under the Plan through payroll deduction.

B. Require an employer to offer its employees the opportunity to contribute to the Plan through payroll deductions unless the employer offers a qualified retirement plan, including but not limited to a plan qualified under section 401(a), section 401(k), section 403(a), section 403(b), section 408(k), section 408(p) or section 457(b) of the Internal Revenue Code.

C. Provide for automatic enrollment of employees and allow employees to opt out of the Plan.D. Have a default contribution rate set by the board by rule.E. Offer default escalation of contribution levels that can be increased or decreased within the limits

allowed by the Internal Revenue Code.F. Provide for contributions to the Plan to be deposited directly with the investment administrator

for the Plan.G. Whenever possible, use existing employer and public infrastructure to facilitate contributions to

the Plan, recordkeeping and outreach.H. Require no employer contributions to employee accounts.I. Require the maintenance of separate records and accounting for each Plan account.J. Provide for reports on the status of Plan accounts to be provided to Plan participants at least

annually.K. Allow for account owners to maintain an account regardless of place of employment and to roll

over funds into other retirement accounts.L. Pool accounts established under the Plan for investment.M. Be professionally managed.N. Provide that the State of Oregon and employers that participate in the Plan have no proprietary

interest in the contributions to or earnings on amounts contributed to accounts established under the Plan.

O. Provide that the investment administrator for the Plan is the trustee of all contributions and earnings on amounts contributed to accounts established under the Plan.

P. Not impose any duties under the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) on employers.

Q. Keep administration fees in the Plan low.

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R. Allow the use of private sector partnerships to administer and invest the contributions to the Plan under the supervision and guidance of the board.

S. Allow employers to establish an alternative retirement Plan for some or all employees.T. The Plan, the board, each board member and the State of Oregon may not guarantee any rate of

return or any interest rate on any contribution. The Plan, the board, each board member and the State of Oregon may not be liable for any loss incurred by any person as a result of participating in the Plan.

Project Overview The Plan will begin with two voluntary pilots in mid-2017. The goal of the first pilot will be to test the system, processes, and communications for the Plan to make sure that they work as intended by the 2015 Act. Approximately 10-12 employers will come online and register in May 2017, enroll employees through June, and make first payroll deductions for participating employees in July. Improvements will be made to the Plan based on their experiences and feedback.

Treasury will then begin a second, larger pilot to test the improvements and the automation for the Plan with a diverse set of employers in terms of number of employees, geographic location, ways of doing payroll, etc. The second pilot will consist of between 25 – 100 employers who will register in August 2017, enroll employees through September, and make payroll deductions starting in October.

The Plan will then roll out in phases, starting with larger employers (100 or more employees). Those larger employers will be notified of the need to register in October 2017, and payroll deductions for their employees will begin in January 2018. Future phases will open up the program to smaller and smaller employers over the course of three years. The exact phasing are included in the rules for the Plan.

When fully launched, it is anticipated that the Plan may be made available to over 1 million Oregonians, which is over half the working population, and one quarter of all residents of the state.

600,000 Oregonians whose employer does not offer a retirement savings Plan 200,000 Oregonians whose employer offers a Plan for which they are not eligible 200,000 Oregonians who are contract workers or otherwise self-employed

From an outreach and engagement standpoint it is important that employees, employers, and those who support them have a good understanding of the Plan and the opportunity it presents. Those who are eligible to participate, or are facilitating participation or confirming exemption need advance awareness and clear information on actions they can or must take.

The Plan’s eligible population is diverse across a wide variety of measures, which must be considered for effective communication. Current demographic analysis includes highlights by gender, age, ethnicity, nativity, education, income range, industry, and geographic location. Additional factors supporting effective engagement should also be considered. Involvement with the Plan is important both in urban centers and in Oregon’s more remote communities.

The Plan’s Market Analysis, proposed Plan Design, and key demographic information are included with this RFP. Additionally you can read more about the Plan here: www.oregon.gov/retire and www.oregon.gov/treasury/ORSP .

Marketing work to date

In preparation for the implementation of the Plan, Treasury and its partners have already completed a significant amount of preliminary marketing and outreach work to date. This includes conducting research about key audiences through a series of roundtable discussions with employers around the state and focus groups with workers eligible for the program. The research informed the creation of the following:

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A public website An overall communications plan Branding and a style guide A marketing plan for the implementation of the Plan through Dec. 2017 Informational materials including rack cards, FAQs, and flyers Interactive media (digital and social advertising)

Copies of the communications plan, branding, and marketing plan can be found online at:http://www.oregon.gov/retire/siteassets/pages/newsroom/communicationplan.pdfhttp://www.oregon.gov/retire/siteassets/pages/newsroom/branding.pdfhttp://www.oregon.gov/retire/siteassets/pages/newsroom/marketingplan.pdf

Treasury and its partners share responsibility for marketing activities related to the Plan. Below is a general overview of the split of functions:

Entity Marketing/Outreach FunctionsTreasury Oversight and approval of all marketing/outreach

Stakeholder engagement Earned media/public relations Government websites (Oregon.gov/retire and the Board

website) Social media accounts (Facebook, Twitter, Instagram, and

LinkedIn) Ad hoc informational materials

Plan Service Provider

Public website for workers and employers Call center Participant and employer communications via mail/email Key materials for workers, employers, and stakeholders Customer satisfaction research Two field representatives

Marketing Contractor

Overarching marketing plan Brand management Consumer and business awareness research Advertising, including creative development and ad buys Promotional materials/content Community partnerships/grassroots outreach Support for Treasury and Plan Service Provider

marketing/outreach

1.2 SCOPE OF WORK

Services

This proposed Scope of Work describes a set of marketing services (the “Services”) required for the Plan to support its early operation in Oregon, including the establishment of a statewide marketing plan for the first two (2) years of operation that will ensure Oregonians are aware of and favorably inclined toward the Plan and key stakeholders such as employers and employees are aware of its impact on them.

The Services may include, but are not limited to, performing the research and planning, creative work, design work, ad production and placement, media buys and strategy, print production, mailing, video and photo production and editing as needed to carry out the mission of the Board and the Plan during the term of the Contract.

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Contractor will be working in collaboration with Treasury, the Board, and the Board’s contracted Plan Services Provided as needed.

Timelines and Deliverables

PHASE I – INITIAL RESEARCH AND PLANNING (August – September 2017)Deliverable 1: Baseline business and consumer awareness surveyDeliverable 2: Marketing plan

PHASE II – MARKETING AND OUTREACH (October 2017 – December 2019)Deliverable 1: Advertising campaign Deliverable 2: Promotional materials/content Deliverable 3: Community partnerships/grassroots efforts

PHASE III –MARKETING REVIEW (December 2018 & December 2019)Deliverable 1: 2018 year-end business and consumer awareness surveyDeliverable 2: 2018 year-end written review of marketing resultsDeliverable 3: 2019 year-end business and consumer awareness surveyDeliverable 4: 2019 year-end written review of marketing results

1.3 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change.

Event Date Time

Questions / Requests for Clarification Due May 25, 2017 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.)

May 29, 2017

RFP Protest Period Ends June 8, 2017 5:00 PM

Closing (Proposals Due) June 15, 2017 4:00 PM

Presentations, Demonstrations, or Interviews July 7, 2017

Issuance of Notice of Intent to Award (approx.) July 25, 2017

Award Protest Period Ends 7 days after Notice of Intent to Award

1.4 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information. Proposer shall direct all communications related to any provision of the RFP, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision only to the SPC.

1.5 AUTHORITY AND METHOD

Treasury is conducting this RFP pursuant to its authority under ORS § 178.205(2)(e) and § 279B.060.

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Treasury is using the Competitive Sealed Proposals method, pursuant to ORS 279B.060 and OAR 137-047-0260. Treasury may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; and e) Best and Final Offers.

1.6 PRE-PROPOSAL CONFERENCE

A pre-Proposal conference will not be held for this RFP.

2.0 PROPOSAL REQUIREMENTS

2.1 PROPOSAL SUBMISSION REQUIREMENTS

DUE DATE: June 15, 2017 by 4:00 PM Pacific Time

DELIVERY ADDRESS:Oregon State Treasury

Attn: Connie Lelack350 Winter Street NE, Suite 100, Salem, OR 97301

Proposer may use this section of proposal submission requirements as a checklist to ensure the proposal is complete:

[ ] Proposal Cover Sheet, Attachment A, with References: (Not counted in the page limitation)The Proposal must include a completed, signed Proposal Cover Sheet.

[ ] Affidavit of Trade Secret, Attachment B (Not counted in the page limitation)

[ ] Affidavit of Compliance with Tax Laws, Attachment C (Not counted in the page limitation)

[ ] Proposer Certification Sheet, Attachment D (Not counted in the page limitation)

[ ] Proposal: (not to exceed twenty (20) total pages, excluding sample reports or exhibits)The Proposal must be organized in accordance with the list of scored criteria in this section. Submit one (1) original signed proposal, five (5) additional hard copies, and one (1) electronic copy.

[ ] Sample Work Products: (Not counted in the page limitation)Proposer shall submit at least two (2) copies of similar projects reflecting their work experience for each proposed Service, including reference contact information. (Not counted in the page limitation)

[ ] Resumes: (Not counted in the page limitation)Proposer shall submit resumes of all key personnel.

[ ] Cost Proposal: (Not counted in the page limitation)The cost proposal must be inclusive of all services, expenses and fees (i.e., Payroll expenses – hours/rate/title, Admin, Overhead, etc.)

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2.1.1 Proposal Format and Quantity

Proposals must be delivered in a sealed envelope, which clearly identifies the RFP number, the project name, the contact person name, agency name and address, and the proposal closing time and date. Mis-deliveries and late submittals will not be accepted or considered. Proposals must be received at the delivery address by the required time. Postmarks will not be considered. Proposals that are e-mailed or faxed will NOT be considered.

One (1) original signed proposal by an authorized signer; five (5) additional hard copies, and one (1) electronic copy must be submitted on a disc, flashdrive or similar device. The proposal must not exceed twenty (20) total pages; to be double-sided; 12 pt font; 1” margins, excluding Cover Sheet with References, Resumes, Cost Proposal, and Sample Work Products.

All proposals shall be valid for ninety (90) days from the RFP closing date.

All costs associated with Proposer’s submission of the project concept and/or proposals are the sole responsibility of the proposer and shall not be borne by the State of Oregon. All proposals submitted will become public record.

Treasury will not be held responsible for any error or omissions from downloading the RFP. The official solicitation document is the one held at the Treasury.

Those proposals which are incomplete or which do not meet all requirements of the RFP, will be deemed by Treasury to be "non-responsive" and will be rejected. Proposals considered complete, or "responsive," will be evaluated to determine if they comply with the administrative, contractual, and technical requirements of the RFP. If the proposal is unclear, the proposer may be asked to provide written clarification to assist Treasury in determining the issue of the proposal’s responsiveness.

2.1.1 Electronic Submission

Proposals that are e-mailed, faxed, or otherwise transmitted electronically will not be accepted.

2.2 RFP QUESTIONS

All inquiries relating to the RFP process, administration, deadline or award, or to the substantive technical portions of the RFP, must be directed to the SPC listed in Section 1.4.

All questions regarding the intent of the work or technical aspects of the work must be submitted in writing (mail or e-mail). When appropriate, revisions, substitutions, or clarifications shall be issued as addenda to this RFP. Changes/modifications to the RFP requirements shall ONLY be recognized if in the form of written addenda issued by OST. Treasury will provide copies of any addenda to all known RFP recipients and advertise the response on the Treasury website at http://www.oregon.gov/treasury/AboutTreasury/Pages/Requests-for-Proposals.aspx and the Oregon Procurement Information Network (ORPIN) at http://orpin.oregon.gov/open.dll/welcome. Anyone who has received a copy of this RFP from somewhere else will only be alerted to the existence of any addenda by checking ORPIN the Treasury website.

Questions regarding this RFP will be accepted until 5:00 PM Pacific time on May 25, 2017. Questions from and answers to any one proposer will be forwarded to all proposers (as soon as resolved and before the submission deadline), if such questions will clarify any part of this RFP.

2.3 SOLICITATION CHANGES OR PROTESTS

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A Proposer who believes the RFP specifications are unnecessarily restrictive or limit competition must submit its protest to the SPC as listed in Section 1.4.

Requests for change or protests of solicitation specifications or contract provisions must be delivered in person or mailed and received by Treasury, in writing, on or before 5:00 PM Pacific Time on June 8, 2017. Requests for change or protests may NOT be e-mailed or faxed. No requests for change or protest of solicitation specifications or contract provisions shall be considered after the deadline stated above.

Such request for change or protests shall include the reasons for the request for change or protest, and proposed changes to specifications or provisions. Envelopes containing requests for change or protest must be marked SOLICITATION SPECIFICATION REQUEST FOR CHANGE or CONTRACT PROVISION PROTEST, and must identify the RFP number and proposal closing time and date. Treasury reserves the right to amend the RFP, amend the proposal acceptance closing date, or deny the request or protest.

If Treasury deems it necessary to amend the RFP an Addendum will be prepared and issued to all known RFP recipients and proposers. If so instructed in a particular Addendum, Proposers shall be required to sign and attach a copy of the Addendum to their proposal. If the Proposer has already submitted a proposal, the Proposer shall modify the proposal as set forth below. The Treasury will provide copies of any Addendum to all known RFP recipients and advertise the response on ORPIN and the Treasury website. Anyone who has received a copy of this RFP from somewhere else will only be alerted to the existence of any Addendum by checking ORPIN and the Treasury website.

Unless a different date is set forth in the Addendum, a Proposer may submit a written request for change or protest to the Addendum by the close of the Treasury’s next business day after issuance of the Addendum, or up to the last day allowed to submit a request for change or protest, whichever date is later.

Proposals may be withdrawn at any time prior to the scheduled closing date for the receipt of proposals. This can be accomplished by written notification on company letterhead signed by an authorized representative. This notice must be delivered in person or mailed. The notice may NOT be e-mailed or faxed. Treasury will not be responsible for any costs associated with returning withdrawn proposals. If the Proposer chooses to pick up the proposal in person, appropriate identification and the requisite letter must be presented before Treasury will release the proposal.

Modifications to previously submitted proposals which are made prior to the closing date for proposal acceptance will be considered by Treasury, if received prior to that scheduled closing date. Envelopes must be clearly marked as to MODIFICATION, the RFP number, and the proposal closing time and date. Oral or telephone modifications or corrections will not be recognized or considered.

2.4 REFERENCES

Treasury does not intend to score references but may contact references to verify information provided in Proposals. Proposers must provide three (3) references on the Proposal Cover Sheet (Attachment A) for projects relevant to the projects contemplated in this RFP.

2.5 INTERVIEWS/FOLLOW-UP QUESTIONS

Proposers may be invited, in Treasury’s sole discretion, to make an oral presentation to Treasury staff on July 7, 2017. Such presentations would take place in Tigard, Oregon.

Treasury may conduct and score interviews/follow-up questions. If interviews/follow-up questions are conducted, they may be evaluated and scored based any on the following criteria:

Understanding of Requested Services Project Management/Cost Effectiveness

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Proposer’s General Qualifications Proposer’s Capabilities Proposer’s Relevant Experience Project Team and Qualifications

If interviews/follow-up questions are conducted, the following will apply: A minimum of 3 evaluators will score the interviews/follow-up questions; The interviews/follow-up questions will have a maximum score of 20 points, if scored. The number of Proposers selected for interviews/follow-up questions is at the sole discretion of

Treasury. Follow-up questions will typically be sent via e-mail to Proposer(s) as an alternative to face-to-face

interviews. However, Treasury may conduct face-to-face interviews if determined necessary after conducting written follow-up questions.

Interviews normally require physical attendance at Treasury’s offices; however, Treasury may elect to conduct interviews via teleconference or video conference. Further details will be included with notification of time and date of interviews, if conducted.

3.0 SCORING CRITERIA

3.1 REQUIREMENTS

Proposal must address each of the items listed in this Section 3.0 and all other requirements set forth in this RFP. Proposer shall describe the goods to be provided or the services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP will be considered non-responsive to this RFP and will not be considered further. If the proposal is unclear, Proposers may be asked to provide written clarification.

3.2 SCORED CRITERIA

Scoring is based on the categories described below, and the Proposer must describe how they meet any other requirements that may be specified in this document. A total of 100 maximum points are possible. If the proposal is unclear, Proposers may be asked to provide written clarification.

3.2.1 Firm Qualifications and Experience – (Maximum 10 points)

Proposer must have been established and providing all of the Scope of Work described in Section 1.2 as follows and must provide a written statement that details the following:

a. Provide a brief history of the firm, when it was established, and any relevant qualifications, certifications, awards, and other documentation that demonstrate that it is qualified and experienced in delivering the Services and able to meet the anticipated needs of the Program, Treasury and the Board. Use metrics and examples. Describe any ways in which your firm and its capabilities are uniquely valuable to the Program and its requirements.

b. Illustrate the firm’s creative abilities in proposing how it will work with Treasury. c. Describe the firm’s evolving strategy through new and changing technologies.d. Describe how the firm intends to establish and maintain functional, productive working relationships

with Treasury, staff, and related workgroups. e. Describe how the firm intends to meet the schedule set out in the RFP.

Provide information in enough detail that Treasury can determine that the Proposer has a thorough understanding and extensive experience delivering the services required by this project.

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3.2.2 Project Implementation Plan; Deliverables – (Maximum 40 points)

Proposer must provide written statements that address the following:

a. Based on the Services needed, and based on your interpretation of the needs of OregonSaves, describe how Proposer would carry out the major activities of this project. Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the work proposed herein. Be specific, using the list detailed in Section 1.2 as a framework for this response. Please be detailed enough in your response so that we can envision how services would be provided. Please provide examples of work equivalent to what would be provided for the Plan.

b. Identify and describe any additional services not identified in Section 1.2 that, based on your firm’s experience, you anticipate the Plan will require, including the steps your firm would take to deliver these services. Please provide examples where appropriate and useful.

c. Assume there is a $1,100,000 maximum spend ($400,000 for professional services and $700,000 for publicity and publications) for all of the above efforts, including your services and any related print, production, media buy, or other costs. Based on your understanding of the needs of the Program, how would you propose apportioning this budget over the Scope of Work and additional Recommended Services (if any). Please provide a written summary of your rationale for this apportionment.

Provide information in enough detail that Treasury can determine that the Proposer has a thorough understanding and extensive experience delivering the services required by this project.

3.2.3 Project Team Qualification and Experience - (Maximum 20 points)

Proposer must provide written statements that address the following:

a. Describe Proposer’s proposed project team and summarize the qualifications of each staff person who will be assigned to this work, including the role of each staff member, the number of years of related experience, and their expertise. Please relate this experience back to specific requirements of the project so that we can see all requirements are well covered.

b. Proposer shall identify any subcontractors it may intend to use for any of the work for the resulting Contract, if any, and shall describe the work. All subcontractors must be pre-approved by the Treasury.

3.2.4 Recent/Related Work – (Maximum 20 points)

Proposer must provide a written statement and related samples of work that describe and address the following:

List clients and show examples of related Services and work product that the firm has performed, completed, and were accepted by the firm’s clients. Make sure to include a minimum of two (2) similar work samples examples relevant to the Services required herein. Proposer must include the following information: client name, address, type of Services delivered, list of team members who delivered the related Services, contact person, contact person’s title, phone and fax numbers, email address, samples of work delivered, date services were performed, clients’ industry type, summary of work performed (i.e., website URL, logos, tag lines, color schemes, branding, marketing, etc.)

3.2.5 Cost Proposal – (Maximum 10 points)

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Include in the Project Implementation Plan a Cost Proposal that explains how Proposer prefers to be charged for services. Some options may include:

Hourly rates for certain persons or classifications of work

A per project fee that is negotiated for each project

Other options are encouraged

Cost Proposals will be evaluated for reasonableness and competitiveness in how well it allows for the Board to meet its needs within its budget, and how well the Implementation Plan and the Cost Proposal work together so the Board will know how much services will cost and know how to control costs?

4.0 PROPOSAL EVALUATIONS

4.1 EVALUATION PROCESS

The selection process shall be administered in accordance with the authority and procedures in ORS 279B.060.

Proposals submitted will be reviewed to determine that all minimum requirements have been met. Proposals meeting those criteria will be forwarded to an evaluation committee for scoring against the evaluation criteria described in Section 3.0. The outcome of the evaluations may, at the Treasury’s sole discretion, result in (a) a notice to a Proposer(s) of selection for tentative Contract negotiation and possible award; or (b) an interview notice to selected Proposer(s) describing the interview process and date(s) of interview.

4.2 PASS/FAIL CRITERIA

Each Proposal must comply with the following Pass/Fail criteria. Proposals not meeting ALL Pass/Fail criteria will be rejected, unless such failure is deemed immaterial at the sole discretion of the Treasury.

Proposal Cover Sheet (Attachment A), including at least three (3) references. Affidavit of Trade Secret (Attachment B) Affidavit of Compliance with Tax Laws (Attachment C) Proposer Certification Sheet (Attachment D) One (1) original signed Proposal Five (5) additional copies of the Proposal One (1) electronic copy of the Proposal Proposal deadline met Resumes Terms and Conditions do not include conditional language Cost Proposal included Two (2) Sample Work Product included

4.3 Evaluation Criteria

Proposals submitted will be reviewed to determine that all minimum requirements have been met. Proposals meeting those criteria will be forwarded to an evaluation committee for scoring against the criteria described in Section 3.0. The outcome of the evaluations may, at the Treasury’s sole discretion, result in (a) a notice to a Proposer of selection for tentative Agreement negotiation and possible award; or (b) a Presentation notice to selected Proposer(s) describing the Presentation process and date thereof.

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4.4 Notice of Intent to Award

Proposers will be notified in writing of Treasury’s intent to award, as well as be posted on the Treasury website and ORPIN network.

Unsuccessful Proposers may protest the selection process, proposal award, or if applicable, rejection of their proposal. The protest must be in writing delivered in person or by mail, and must be received at the address set forth below, within seven (7) calendar days of written notification date of the pending award to another proposer, or notice of proposal rejection. The protest may NOT be e-mailed or faxed. The protest must state with clarity the issue protested, and the rationale and basis for such protest. The envelope containing the protest MUST be marked PROTEST, and MUST identify the RFP number and the closing time and date for acceptance of proposals, as well as the Treasury SPC, and address as listed in Section 2.3 of this RFP.

5.0 GENERAL SOLICITATION TERMS

5.1 Treasury may require clarification to understand any of the selected Proposer’s scored criteria. Any necessary clarifications or modifications will be made before executing the Contract and may become part of the final Contract. If any Proposer, in its Proposal, or in its presentation, provides any creative ideas, themes, artwork, etcetera, the Treasury will not be held liable for any subsequent or future creative ideas, themes, artwork, etcetera provided and used by Treasury that are in any way similar.

5.2 By submitting a proposal to this RFP, proposer shall accept all terms and conditions of Attachment B, Sample Contract.

5.3 Contractor shall be required to provide certificates of insurance and any applicable endorsements to Treasury, upon request, prior to execution of the Contract.

5.4 ORS 60.701 requires that foreign corporations be registered by the State of Oregon, Office of the Secretary of State, before conducting business in the state. A foreign corporation (ORS 60.001) means a corporation-for-profit incorporated under a law other than the law of the State of Oregon. If a firm is selected for the Contract as a result of this solicitation they must register to do business in Oregon.

5.5 Treasury reserves the right, at its sole discretion: (1) to amend the RFP prior to the closing date (2) to amend the deadline for submitting proposals; (3) to determine whether a proposal does or does not substantially comply with the requirements of this RFP; (4) to waive any minor irregularity, informality, or nonconformance with this RFP; (5) to obtain from and/or provide to other public agencies, upon request, references, regarding the Proposer’s contract performance; (6) at any time prior to Contract execution (including after announcement of the apparent awardee): (a) to reject any proposal that fails to substantially comply with all prescribed RFP procedures and requirements; and (b) to reject all proposals received and cancel this RFP upon a finding by Treasury that there is good cause and that such cancellation would be in the best interests of the State; (7) seek clarification on any or all proposals; and (8) negotiate the final description of work, tasks, deliverables, and pricing of the sample Contract within the scope of what is advertised here for inclusion in the resulting Contract.

5.6 This RFP and one copy of each original response received, together with copies of all documents pertaining to the award of a Contract, shall be kept by Treasury and made a part of a file or records, which shall be open to public inspection. If a proposal contains any information that is considered a trade secret under ORS 192.501 (2), each sheet of such information must be marked with the following legend:

“This Proposal language constitutes a trade secret under ORS 192.501 (2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192.”

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The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies only “unless the public interest requires disclosure in the particular instance” ORS 192.501 (2). Therefore, non-disclosure of documents or any portion of a document submitted as part of a proposal may depend upon official or judicial determination made pursuant to the Public Records Law and the Uniform Trade Secrets Act, ORS 646.461 to 646.475.

If a Proposal contains any information that may be considered exempt from disclosure under the various grounds specified in Oregon Public Records Law, ORS 192.410 through 192.505, Proposers must clearly designate any portion of its Proposal as exempt, along with a citation to the authority relied upon. Application of the Oregon Public Records Law shall determine whether any information is actually exempt from disclosure. Identifying a Proposal in whole as exempt from disclosure is not acceptable. Failure to identify a portion of the Proposal as exempt from disclosure, and the authority used, shall be deemed a waiver of any future claim of non-disclosure of that information.

5.7 The Contractor will be required to assume responsibility for all services outlined and finalized in the Contract, whether the Contractor, a representative, or subcontractor produces them. Treasury considers the prime Contractor responsible for any and all contractual matters, including performance of work and the stated deliverables.

5.8 The pricing and statement of work as noted above in section 5.5, may be negotiated, within the overall intent described in this RFP, with the selected Proposer. If negotiations are not successful and a Contract is not executed within 30 days, Treasury may either: (a) terminate negotiations with the top selection and begin negotiations with the next highest ranked Proposer, (b) cancel the solicitation, or (c) continue negotiations with the highest ranked Proposer.

5.9 In accordance with the 2003 Oregon Sustainability Executive Order and ORS 279A.125, Proposers must use recyclable products to the maximum extent economically feasible in the performance of the Contract work set forth in this document.

5.10 The cost, statement of work of the project and any terms and conditions as noted above in section 5.11, may be negotiated, within the overall intent described in this RFP, with the selected Proposer. If negotiations are not successful and a Contract is not executed within 60 days, Treasury may either: (a) terminate negotiations with the top selection and begin negotiations with the next highest ranked Proposer, (b) cancel the solicitation, or (c) continue negotiations with the highest ranked Proposer.

5.11 Proposers submitting proposals may be afforded an opportunity for discussion and revision of proposals. Revisions may be permitted after submissions of proposals and prior to award for the purpose of obtaining best and final offers. For Proposers that do not submit a notice of withdrawal or another best and final offer, their immediate previous offer will be construed as their best and final offer. Negotiations may be conducted with responsible Proposers who submit proposals found to be reasonably likely to be selected for award.

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ATTACHMENT A - PROPOSER INFORMATION SHEET

ATTACHMENT B – AFFIDAVIT OF TRADE SECRET

ATTACHMENT C – AFFIDAVIT OF COMPLIANCE WITH TAX LAWS

ATTACHMENT D - PROPOSER CERTIFICATION SHEET

ATTACHMENT E - SAMPLE CONTRACT

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