6001.26RFP19957 GRIT Marketing Svs RFP 24SEP26.TME.09-28-26 (002).pdf

STATE OF SOUTH DAKOTA

SOUTH DAKOTA DEPARTMENT OF THE MILITARY

2823 WEST MAIN STREET

RAPID CITY, SOUTH DAKOTA 57702

GRIT PUBLIC EDUCATION AND ONGOING ENGAGEMENT CAMPAIGN

PROPOSALS ARE DUE NO LATER THAN 10/26/2026 5:00PM CENTRAL TIME

RFP #: 26RFP19957 State POC: Marshall Michels EMAIL: marshall.t.michels.nfg@army.mil

READ CAREFULLY

FIRM NAME: AUTHORIZED SIGNATURE:

ADDRESS: TYPE OR PRINT NAME:

CITY/STATE: TELEPHONE NO:

ZIP (9 DIGIT): FAX NO:

E-MAIL:

PRIMARY CONTACT INFORMATION

CONTACT NAME: TELEPHONE NO:

FAX NO: E-MAIL:

mailto:marshall.t.michels.nfg@army.mil

1.0 GENERAL INFORMATION

1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The State of South Dakota seeks proposals from a qualified marketing and communications firm to develop and manage a basic, ongoing statewide public-education campaign for the Governor's Resilient Infrastructure Task Force (GRIT). The selected contractor will translate GRIT topics into clear, practical, and memorable information for South Dakota citizens, communities, and businesses.

The intended model is similar in function, but not content, to successful public-service campaigns such as 'Call Before You Dig': a simple, recognizable message connected to clear actions. GRIT requires continuing engagement because the campaign will address related resilience topics over time. The contractor will provide strategy, message development, content creation, distribution, audience testing, measurement, and regular campaign refinement.

The campaign will focus on practical actions South Dakotans can take before disruptions to power and energy, communications, water and wastewater, transportation, fuel, healthcare, and other interdependent essential services. The purpose is not to promote GRIT as an organization; it is to make infrastructure resilience understandable, locally relevant, and actionable.

1.2 ISSUING OFFICE AND RFP REFERENCE NUMBER

The South Dakota Department of the Military is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota and GRIT. The reference number for the transaction is RFP # 26RFP19957. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

1.3 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Publication 09/29/2026 Offeror Questions Due 10/08/2026 Responses to Offeror Questions 10/14/2026 Proposal Submission 10/26/2026 Oral Presentations/discussions (if required) 10/27/2026 to 10/30/2026 Anticipated Award Decision/Contract Negotiation 11/03/2026

*All deadlines listed above are 5:00 p.m. Central Time.

1.4 SUBMITTING YOUR PROPOSAL

All Proposals must be received by the deadline stated in section 1.3 (Schedule of Activities). Proposals received after the deadline will be considered late and ineligible for consideration.

Proposals must be submitted electronically to Marshall Michels via email at marshall.t.michels.nfg@army.mil with the subject line: “26RFP19957 Proposal Submission”.

The Vendor, or its authorized agent, must ensure the electronic copy includes a scanned ink signature or a digital signature. In the event the response is signed on behalf of the Vendor, the signatory must be legally authorized to bind the responder to the proposal. Proposals lacking proper signatures may be rejected.

All proposals and attachments must be in Microsoft Word, Microsoft Excel, or searchable PDF format. Do not submit PDFs derived from a scanned image or other formats that prevent search functionality.

No proposal shall be accepted from, or no contract or purchase order shall be awarded to, any person, firm, or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the State of South Dakota

1.5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION – LOWER TIER COVERED TRANSACTIONS

By signing and submitting this proposal, the offeror certifies that neither its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds.

Where the offeror is unable to certify any of the statements in this certification, the bidder shall attach an explanation to their offer.

1.6 NON-DISCRIMINATION STATEMENT

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the offeror certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin or disability.

1.7 CERTIFICATION RELATING TO PROHIBITED ENTITY

For contractors, vendors, suppliers, or subcontractors who enter into a contract with the State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by SDCL 5-18A. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.8 RESTRICTION OF BOYCOTT OF ISRAEL

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.9 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the offeror prior to the established due date and time. No oral, telephonic, telegraphic or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

1.10 OFFEROR INQUIRIES

Offerors may email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Inquiries must be emailed to Marshall Michels at marshall.t.michels.nfg@army.mil with the subject line “26RFP19957 Offeror Questions”.

The State will respond to offeror’s inquiries (if required) via e-mail. In addition, all inquiries and the State’s response will be posted on the state’s e-procurement system. Offerors may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Offerors will be notified in the same manner as indicated above regarding any modifications to this

RFP.

1.11 PROPRIETARY INFORMATION

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements. An entire proposal may not be marked as proprietary. Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected.

The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

1.12 LENGTH OF CONTRACT

The anticipated initial contract term is twelve (12) months. Subject to satisfactory performance, continued need, available funding, mutual written agreement, and all required approvals, the State may renew the contract for up to two additional one-year option periods.

1.13 GOVERNING LAW

This procurement is governed by South Dakota law. Any lawsuit related to this procurement shall be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota. No other state’s law or venue shall apply.

1.14 DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION/NEGOTIATIONS)

An oral presentation by an offeror to clarify a proposal may be required at the sole discretion of the State.

However, the State may award a contract based on the initial proposals received without discussion with the Offeror. If oral presentations are required, they will be scheduled after the submission of proposals.

Oral presentations will be made at the offeror’s expense.

This process is a Request for Proposal/Competitive Negotiation process. Each Proposal shall be evaluated, and each respondent shall be available for negotiation meetings at the State’s request. The State reserves the right to negotiate on any and/or all components of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

2.0 STANDARD CONTRACT TERMS AND CONDITIONS

Any contract or agreement resulting from this RFP will include the State’s standard terms and conditions as listed below, along with any additional terms and conditions as negotiated by the parties:

2.1 The Contractor will perform those services described in the Scope of Work, attached hereto as Section 3 of the RFP and by this reference incorporated herein.

2.2 The Contractor’s services under this Agreement shall commence on __________________ and end on ___________________, unless sooner terminated pursuant to the terms hereof.

2.3 The Contractor will not use State equipment, supplies or facilities. The Contractor will provide the State with its Employer Identification Number, Federal Tax Identification Number or Social Security Number upon execution of this Agreement.

2.4 The State will make payment for services upon satisfactory completion of the services. The TOTAL

CONTRACT AMOUNT is an amount not to exceed $________________. The State will not pay Contractor's expenses as a separate item. Payment will be made pursuant to itemized invoices submitted with a signed state voucher. Payment will be made consistent with SDCL ch. 5-26.

2.5 Contractor agrees to indemnify the State of South Dakota, its officers, agents, and employees, from and against all claims or proceedings for actions, suits, damages, liabilities, other losses or equitable relief that may arise at least in part as a result of an act or omission in performing services or providing products under this Agreement. Contractor shall defend the State of South Dakota, its officers, agents, and employees against any claim, including any claim, action, suit, or other proceeding related to the claim. Contractor’s obligation to indemnify includes the payment of attorney fees and other costs of defense. In defending the State of South Dakota, its officers, agents, and employees, Contractor shall engage other professionals, subject to the written approval of the State which shall not be unreasonably withheld. Notwithstanding the foregoing, the State may, in its sole discretion and at the expense of Contractor, engage attorneys and other professionals to defend the State of South Dakota, its officers, agents, and employees, or to assist Contractor in the defense. This section does not require Contractor to be responsible for or defend against claims or proceedings for damages, liabilities, losses or equitable relief arising solely from errors or omissions of the State, its officers, agents or employees.

2.6 The Contractor, at all times during the term of this Agreement, shall obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance:

The Contractor shall maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each occurrence. If such insurance contains a general aggregate limit it shall apply separately to this Agreement or be no less than two times the occurrence limit.

B. Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

The Contractor agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than $1,000,000.00.

C. Business Automobile Liability Insurance:

The Contractor shall maintain business automobile liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each accident. Such insurance shall include coverage for owned, hired and non-owned vehicles.

D. Worker’s Compensation Insurance:

The Contractor shall procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota law.

Before beginning work under this Agreement, Contractor shall furnish the State with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement. In the event a substantial change in insurance, issuance of a new policy, cancellation or nonrenewal of the policy, the Contractor agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required.

Contractor shall furnish copies of insurance policies if requested by the State.

2.7 While performing services hereunder, the Contractor is an independent contractor and not an officer, agent, or employee of the State of South Dakota.

2.8 Contractor agrees to report to the State any event encountered in the course of performance of this Agreement which results in injury to the person or property of third parties, or which may otherwise subject Contractor or the State to liability. Contractor shall report any such event to the State immediately upon discovery.

Contractor's obligation under this section shall only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law. Contractor's obligation to report shall not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications). Reporting to the State under this section shall not excuse or satisfy any obligation of Contractor to report any event to law enforcement or other entities under the requirements of any applicable law.

2.9 This Agreement may be terminated by either party hereto upon thirty (30) days written notice. In the event the Contractor breaches any of the terms or conditions hereof, this Agreement may be terminated by the State at any time with or without notice. If termination for such a default is effected by the State, any payments due to Contractor at the time of termination may be adjusted to cover any additional costs to the State because of Contractor's default. Upon termination the State may take over the work and may award another party an agreement to complete the work under this Agreement. If after the State terminates for a default by Contractor it is determined that Contractor was not at fault, then the Contractor shall be paid for eligible services rendered and expenses incurred up to the date of termination.

2.10 This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the State. Termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State.

2.11 This Agreement may not be assigned without the express prior written consent of the State. This Agreement may not be amended except in writing, which writing shall be expressly identified as a part hereof, and be signed by an authorized representative of each of the parties hereto.

2.12 This Agreement shall be governed by and construed in accordance with the laws of the State of South

Dakota. Any lawsuit pertaining to or affecting this Agreement shall be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

2.13 The Contractor will comply with all federal, state and local laws, regulations, ordinances, guidelines, permits and requirements applicable to providing services pursuant to this Agreement and will be solely responsible for obtaining current information on such requirements.

2.14 The Contractor may not use subcontractors to perform the services described herein without the express prior written consent of the State. The Contractor will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this Agreement, to indemnify the State, and to provide insurance coverage for the benefit of the State in a manner consistent with this Agreement. The Contractor will cause its subcontractors, agents, and employees to comply, with applicable federal, state and local laws, regulations, ordinances, guidelines, permits and requirements and will adopt such review and inspection procedures as are necessary to assure such compliance.

2.15 Contractor hereby acknowledges and agrees that all advertising materials and content, reports, plans, specifications, technical data, miscellaneous drawings, software system programs and documentation, procedures, or files, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the software program, and all information contained therein provided to the State by the Contractor in connection with its performance of services under this Agreement shall belong to and is the property of the State and will not be used in any way by the Contractor without the written consent of the State. Papers, reports, forms, software programs, source code(s) and other material which are a part of the work under this Agreement will not be copyrighted without written approval of the State.

2.16 The Contractor certifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible from participating in transactions by the federal government or any state or local government department or agency. Contractor further agrees that it will immediately notify the State if during the term of this Agreement Contractor or its principals become subject to debarment, suspension or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency.

2.17 Any notice or other communication required under this Agreement shall be in writing and sent to the address set forth above. Notices shall be given by and to ___________________ on behalf of the State, and by ________________, on behalf of the Contractor, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties shall be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination shall be sent by registered or certified mail, or, if personally delivered, when received by such party.

2.18 In the event that any court of competent jurisdiction shall hold any provision of this Agreement unenforceable or invalid, such holding shall not invalidate or render unenforceable any other provision hereof.

2.19 All other prior discussions, communications and representations concerning the subject matter of this

Agreement are superseded by the terms of this Agreement, and except as specifically provided herein, this Agreement constitutes the entire agreement with respect to the subject matter hereof.

2.20 Any terms of this Agreement that would, by their nature or through the express terms of this Agreement, survive the expiration or termination of this Agreement shall so survive including but not limited to the terms of Sections 2.5, 2.8, 2.15, 2.24, 2.25, 2.26, 2.27, 2.29, and 2.31.

2.21

A. COMPLIANCE WITH EXECUTIVE ORDER 2020-01.

Executive Order 2020-01 provides that for contractors, vendors, suppliers or subcontractors with five (5) or more employees who enter into a contract with the State that involves the expenditure of one hundred thousand dollars ($100,000) or more, by signing this Agreement Contractor certifies and agrees that it has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of this Agreement, with a person or entity that is either the State of Israel, or a company doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or doing business in the State of Israel, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to terminate this Agreement.

Contractor further agrees to provide immediate written notice to the State if during the term of this Agreement it no longer complies with this certification and agrees such noncompliance may be grounds for termination of this Agreement.

B. COMPLIANCE WITH SDCL Ch. 5-18A. Contractor certifies and agrees that the following information is correct:

The Contractor is not an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly-owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates, of those entities or business associations, regardless of their principal place of business, which is ultimately owned or controlled, directly or indirectly, by a foreign parent entity from, or the government of, the People’s Republic of China, the Republic of Cuba, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Russian Federation, or the Bolivarian Republic of Venezuela.

It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the purchasing agency to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response, and further would be cause to suspend and debar a business under

SDCL § 5-18D-12.

The Contractor further agrees to provide immediate written notice to the purchasing agency if during the term of the Agreement it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination and would be cause to suspend and debar a business under SDCL § 5-18D-12.

2.22 Nothing in this Agreement is intended to constitute a waiver of sovereign immunity by or on behalf of the State of South Dakota, its agencies, officers or employees.

2.23. Neither party shall disclose the contents of the Agreement except as required by applicable law or as necessary to carry out the terms of the Agreement or to enforce that party’s rights under this Agreement. The Contractor acknowledges that the State of South Dakota and its agencies are public entities and thus are bound by South Dakota open meetings and open records laws. It is therefore not a breach of this Agreement for the State to take any action that the State reasonably believes is necessary to comply with the South Dakota open records or open meetings laws, including, without limitation, posting this Agreement on the website pursuant to SDCL 1-27-46. The Contractor agrees that the Agreement and any prices, fees and rates agreed to be paid by the State under the Agreement are not confidential.

2.24. For the purpose of this Agreement, “Confidential Information” shall include all information, regardless of its format, disclosed to Contractor by the State and all information, regardless of its format, obtained by Contractor through the provisions of services as contemplated by this Agreement. Contractor, and any person or entity affiliated with Contractor shall not disclose any Confidential Information to any third person for any reason without the express written permission of a State officer or employee with authority to authorize the disclosure. Contractor, and any person or entity affiliated with Contractor shall not: (i) disclose any Confidential Information to any third person unless otherwise specifically allowed under this Agreement;

(ii) make any use of Confidential Information except to exercise rights and perform obligations under this Agreement; (iii) make Confidential Information available to any of its employees, officers, agents or consultants except those who have agreed, by contract, to obligations of confidentiality at least as strict as those set out in this Agreement and who have a need to know such information and who have been instructed that such information is or may be confidential under state or federal law. Contractor, and any person or entity affiliated with Contractor is held to the same standard of care in guarding Confidential Information as it applies to its own confidential or proprietary information and materials of a similar nature, and no less than holding Confidential Information in the strictest confidence. Contractor, and any person or entity affiliated with Contractor shall protect the confidentiality of the State’s information from the time of receipt to the time that such information is either returned to the State or destroyed to the extent that it cannot be recalled or reproduced.

Confidential Information shall not include information that: (i) was in the public domain at the time it was disclosed to Contractor or to any person or entity affiliated with Contractor; (ii) was known to Contractor, or to any person or entity affiliated with Contractor, without restriction at the time of disclosure from the State; (iii) was disclosed with the prior written approval of State’s officers or employees having authority to disclose such information; (iv) was independently developed by Contractor, or by any person or entity affiliated with Contractor, without the benefit or influence of the State’s information; or (v) becomes known to Contractor, or to any person or entity affiliated with Contractor, without restriction, from a source not connected to the State of South Dakota.

Confidential Information can include, but is not limited to, names, social security numbers, employer numbers, addresses and all other data about applicants, participants, employers or other clients to whom the State provides services of any kind. Contractor understands that this information may be confidential and protected under state or federal law. Contractor agrees to immediately notify the State if the information is disclosed, either intentionally or inadvertently.

If work assignments performed in the course of this Agreement require additional security requirements or clearance, Contractor agrees that its officers, agents and employees may be required to undergo investigation or may be required to sign separate confidentiality agreements, and it will limit access to the confidential information and related work activities to employees that have executed such agreements.

Contractor will enforce the terms of this Confidentiality Provision to its fullest extent.

Contractor agrees to remove any employee or agent from performing work under this Agreement that has or is suspected to have violated the terms of this Confidentiality Provision and to immediately notify the State of such matter.

Contractor will comply with any other confidentiality measures and terms included in the Agreement.

Upon termination of this Agreement, if not already done so as part of the services performed under the Agreement, Contractor agrees to return to the State, at Contractor’s cost, any Confidential Information or documentation maintained by Contractor regarding the services provided hereunder in a format readily useable by the State as mutually agreed by Contractor

2.25 In the performance of these services and providing the deliverables under the Agreement, Contractor, and its employees shall exercise the degree of skill and care consistent with customarily accepted practices and procedures for the performance of the type of services required. Contractor shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all services and deliverables furnished by Contractor and any subcontractors, if applicable, under this Agreement. It shall be the duty of Contractor to assure that its services and deliverables are technically sound and in conformance with all pertinent technical codes and standards. Contractor represents and warrants that: (i) it shall give high priority to the performance of the services; and (ii) the services shall be performed in a timely manner.

2.26 Contractor shall be responsible to the State for material deficiencies in the contracted deliverables and services which result from the failure to meet the standard given herein. Contractor shall promptly correct or revise any material errors or omissions in deliverables and re-perform any services which are not in compliance with such representations and warranties at no cost to the State, provided that Contractor’s failure to comply is not due solely to the actions, errors, or omissions of the State.

2.27 Permitted or required approval by the State of any services or deliverables furnished by Contractor shall not in any way relieve Contractor of its responsibility for the professional quality and technical accuracy and adequacy of its work. The State’s review, approval, acceptance, or payment for any of Contractor’s services or deliverables herein shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and except as provided herein Contractor shall be and remain liable in accordance with the terms of this Agreement and applicable law for all damages to the State caused by Contractor’s performance or failure to perform under this Agreement.

2.28 In the event of a breach of these representations and warranties, the State shall provide telephonic or electronic notice to Contractor. The State may, in its sole discretion, require Contractor to cure such breaches. If it is necessary for Contractor to send at least one qualified and knowledgeable representative to the State’s site where the system is located, this will be done at Contractor’s expense. This representative will continue to address and work to remedy the deficiency, failure, malfunction, defect, or problem at the site. The rights and remedies provided in this paragraph are in addition to any other rights or remedies provided in this Agreement or by law.

2.29 In connection with the performance of this Agreement and the provision of services and deliverables under this Agreement, Contractor will not infringe any patent, copyright, trademark, trade secret or other proprietary right of any person. Contractor will not improperly use any trade secrets or confidential or proprietary information owned by any third party in performing this Agreement or the services related to this Agreement. Contractor shall indemnify the State, the State of South Dakota, its officers, agents and employees (hereinafter collectively “the State”) from and against all claims or proceedings for actions, suits, damages, liabilities, other losses or equitable relief (collectively, a “Claim”) to the extent such Claim alleges improper use of, or infringement or misappropriation by, the State or Contractor of any patent, copyright or federally registered trademark or trade secret in connection with the performance of this Agreement and the provision of services and deliverables under this Agreement.

2.30 Contractor represents and warrants that it has the full power and authority to grant the rights described in this Agreement without violating any rights of any third party, and that there is currently no actual or, to Contractor’s knowledge, threatened suit by any such third party based on an alleged violation of such rights by Contractor.

2.31 The award of this Agreement to Contractor is not in any way an endorsement of Contractor or Contractor’s services by the State and may not be so represented by Contractor in any advertising or publicity materials.

Contractor agrees to submit to the State all advertising, sales promotion, and other publicity relating to this Agreement wherein the State’s name is mentioned, or language is used from which the connection of the State’s name therewith may, in the State’s judgment, be inferred or implied. Contractor further agrees not to publish or use such advertising, sales promotion, or publicity without the prior written consent of the State. Contractor may not in any way contract on behalf of or in the name of the State, nor may release any informational pamphlets, notices, press releases, research reports, or similar public notices concerning this Agreement without obtaining the prior written approval of the State.

3.0 SCOPE OF WORK

3.1 BACKGROUND AND DESIRED OUTCOME

GRIT brings together state agencies, local and tribal governments, utilities, industry, academia, emergency management partners, and the South Dakota National Guard to strengthen the systems South Dakotans rely on every day. This procurement concerns public education and engagement for residents and families, communities and local leaders, and businesses and employers.

The Contractor will develop and maintain a recognizable statewide campaign platform, establish a primary public call to action, build consistent exposure, address related resilience topics over time, and measure awareness, understanding, and action.

Utilities, infrastructure owners, state agencies, technical experts, and emergency management partners will primarily serve as subject matter experts, reviewers, information sources, and distribution partners rather than the primary marketing audience.

3.2 AUDIENCE RESEARCH AND CAMPAIGN STRATEGY

The Contractor will:

a. Conduct a kickoff session and review available GRIT, preparedness, resilience, and related State materials.

b. Use appropriate research methods, which may include interviews, listening sessions, surveys, audience research, message testing, social listening, or available demographic and market data, to identify audience knowledge, needs, trusted messengers, barriers, and effective communication channels.

c. Consider the needs and characteristics of rural, tribal, frontier, agricultural, and urban communities;

households and families; small businesses; major employers; and community institutions.

d. Develop campaign concepts and recommend a statewide campaign platform, primary message, visual direction, and clear public call to action for State approval.

e. Test proposed messages or concepts, as appropriate, for clarity, recall, credibility, relevance, accessibility, and likelihood of action.

f. Develop a twelve-month campaign strategy and plan addressing campaign goals, audiences, messages, content, media channels, distribution, schedule, budget allocation, approvals, and performance measures.

3.3 CONTENT AND CREATIVE SERVICES

The Contractor will develop content and creative materials necessary to support the approved campaign strategy. Products may include fact sheets, one-pagers, infographics, newsletters, preparedness checklists, business continuity materials, toolkits, social media content, digital advertising, graphics, short-form video, photography, animation, audio, public-service announcements, event materials, presentations, earned-media materials, and State-approved website content.

The State does not expect every media or creative format listed above to be used. The Contractor should recommend the mix of content and creative products that will most effectively meet the campaign objectives within the available budget.

All public-facing materials must be technically accurate, written in plain language, accessible, nonpartisan, and suitable for the intended audience. Final materials must be provided in publication-ready formats and, where applicable, editable source formats.

3.4 PUBLIC, COMMUNITY, AND BUSINESS ENGAGEMENT

The Contractor will support ongoing engagement with South Dakota residents, communities, and businesses by:

a. Developing practical materials and toolkits that approved partners can use to distribute campaign information;

b. Supporting outreach through counties, municipalities, tribal governments, emergency managers, schools, libraries, nonprofits, civic organizations, chambers, trade associations, economic development organizations, agricultural operations, healthcare providers, employers, and other appropriate partners;

c. Recommending effective methods for reaching rural, tribal, underserved, elderly, disabled, low-income, and geographically dispersed populations; and

d. Establishing appropriate methods for gathering feedback and using that feedback to improve campaign content and outreach.

3.5 WEBSITE CONTENT COORDINATION

Website design, development, hosting, coding, cybersecurity administration, maintenance, and technical support are outside the scope of this contract and will be performed by a separate contractor.

The Contractor will coordinate with the State and the separate website contractor regarding campaign content, graphics, downloads, metadata, accessibility, schedules, approvals, corrections, publication responsibilities, and available analytics.

3.6 MEDIA PLANNING, PLACEMENT, AND BUDGET MANAGEMENT

The Contractor will recommend and manage a cost-effective mix of earned, owned, shared, partner-distributed, and paid media designed to reach the campaign's intended audiences within the available budget.

Before paid media is purchased, the Contractor will submit a media plan for State review and approval. The media plan should identify, as applicable:

a. Recommended media channels, platforms, markets, and placements;

b. Target audiences and geographic coverage;

c. Proposed flight dates, frequency, and duration;

d. Estimated costs by media channel or placement;

e. Anticipated reach, impressions, or other appropriate performance measures;

f. The rationale for the recommended media mix; and

g. Available bonus placements, public-service opportunities, credits, incentives, or other added value.

The Contractor will maintain appropriate documentation of media purchases and performance, including placement information, run dates, delivery data, proof of performance, and actual expenditures. The Contractor will reconcile actual media expenditures against approved media budgets and promptly identify material variances.

Professional fees, production costs, paid-media expenditures, third-party costs, commissions, markups, platform fees, and other compensation must be separately identified and transparent to the State. All costs must remain within the total contract amount. No paid media or third-party expense may be incurred without prior written State approval.

3.7 MEASUREMENT, REPORTING, AND CONTINUOUS IMPROVEMENT

The Contractor will:

a. Establish appropriate baseline and performance measures for campaign awareness, reach, engagement, understanding, resource use, partner distribution, and audience action;

b. Submit monthly reports summarizing work completed, campaign performance, media activity, budget status, significant findings, and upcoming priorities;

c. Review campaign performance with the State at least quarterly and recommend appropriate adjustments based on available data and results; and

d. Continuously refine approved campaign strategies, content, and media placement within the approved scope and budget.

3.8 REQUIRED DELIVERABLES AND TARGET TIMING

At a minimum, the Contractor will provide the following:

a. Project work plan within fifteen (15) business days after notice to proceed.

b. Audience and channel research findings within thirty (30) days.

c. Recommended campaign strategy, primary message, and visual direction within forty-five (45) days.

d. Twelve-month campaign, content, and media plan within sixty (60) days.

e. Initial launch-ready content package and website-content handoff within seventy-five (75) days.

f. Ongoing campaign content, engagement, media implementation, and performance reporting throughout the contract.

g. Campaign performance review and recommendations at least quarterly.

h. Final transition package before contract closeout.

The Offeror must clearly identify in its proposal the quantities and types of major creative products, content, engagement activities, and paid-media activities included in its $250,000 campaign proposal.

3.9 STATE APPROVAL, PUBLIC RELEASE, SECURITY, AND ACCESSIBILITY

The Contractor may not publish campaign content, respond to media on behalf of GRIT or the State, create public-facing accounts, purchase advertising, or otherwise represent itself as speaking on behalf of GRIT or the State without prior written State approval.

Public-facing products must not disclose confidential, personal, proprietary, security-sensitive, cybersecurity, vulnerability, emergency-response, or critical-infrastructure information that has not been approved for public release by the State.

All public-facing products must be technically accurate, nonpartisan, and accessible. Digital and electronic products must include appropriate accessibility features such as alternative text, captions, transcripts, accessible document structure, and accessible file formats, as applicable.

Contract funds may not be used for lobbying, partisan political activity, election advocacy, or communications intended to influence legislation except for factual materials specifically authorized and legally reviewed by the State.

3.10 CAMPAIGN ASSETS AND CONTRACT CLOSEOUT

Before contract closeout, the Contractor will provide the State with an organized campaign asset library that includes, as applicable:

a. All final campaign materials;

b. Editable source and working files;

c. Photography, video, audio, graphics, and other media assets created or acquired for the campaign;

d. An inventory of campaign assets and applicable specifications;

e. Copies of applicable talent or usage releases;

f. Documentation identifying any third-party or pre-existing materials and applicable usage rights; and

g. State-owned account credentials, administrative access, or other information necessary for continued

State use of campaign assets.

Materials must be provided in mutually agreed, commonly used file formats and organized so the State can reasonably locate, reuse, and update them. Ownership of materials produced under the contract will be governed by Section 2.15 of this RFP.

4.0 PROPOSAL REQUIREMENTS AND COMPANY QUALIFICATIONS

4.1 The offeror is cautioned that it is the offeror's sole responsibility to submit information related to the evaluation categories and that the State of South Dakota is under no obligation to solicit such information if it is not included with the proposal. The offeror's failure to submit such information may cause an adverse impact on the evaluation of the proposal.

4.2 Offeror's Contacts: Offerors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the evaluation, etc. to the buyer of record indicated on the first page of this RFP. Offerors and their agents may not contact any state employee other than the buyer of record regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Offerors and their agents who have questions regarding this matter should contact the buyer of record.

4.3 Provide the following information related to at least three previous and current service/contracts, performed by the offeror’s organization, which are similar to the requirements of this RFP.

a. Name, address and telephone number of client/contracting agency and a representative of that agency who may be contacted for verification of all information submitted;

b. Dates of the service/contract; and

c. A brief, written description of the specific prior services performed and requirements thereof.

4.4 Project Capabilities: The Offeror must demonstrate organizational experience and capabilities appropriate to the services described in Section 3. Relevant capabilities may include public education or marketing campaigns, campaign strategy, content and creative development, audience research and testing, media planning and placement, public or community engagement, analytics and performance measurement, accessibility, and project management.

4.5 Project Team: The Offeror must identify the proposed project team, including key personnel, assigned roles, relevant qualifications, availability, and proposed subcontractors. The Offeror should include an organization chart and resumes or brief professional biographies for key personnel.

The location of proposed personnel should be provided as necessary to demonstrate the team's availability to perform the work. Availability to the project locale and familiarity with the project locale will be evaluated as provided in Section 6.

5.0 PROPOSAL RESPONSE FORMAT

5.1 Offerors shall submit one complete electronic proposal, including all required attachments, in accordance with Section 1.4 of this RFP. No paper copies or physical electronic media are required.

The proposal should be organized and clearly labeled in the order specified below. All documents must be submitted in Microsoft Word, Microsoft Excel, or searchable PDF format, as applicable.

5.2 All proposals must be organized and tabbed with labels for the following headings:

5.2.1 RFP Form. The State’s Request for Proposal form (1st page of RFP) completed and signed.

5.2.2 Executive Summary. The one-to-two-page executive summary is to briefly describe the offeror's proposal. This summary should highlight the major features of the proposal. It must indicate any requirements that cannot be met by the offeror. The reader should be able to determine the essence of the proposal by reading the executive summary. Proprietary information requests should be identified in this section.

5.2.3 Detailed Response. This section should constitute the major portion of the proposal and must contain at least the following information:

5.2.3.1 A complete narrative of the offeror's assessment of the work to be performed, the offeror’s ability and approach, and the resources necessary to fulfill the requirements.

This should demonstrate the offeror's understanding of the desired overall performance expectations.

5.2.3.2 A specific point-by-point response, in the order listed to each requirement in the RFP.

The response should identify each requirement being addressed as enumerated in the

RFP.

5.2.3.3 A clear description of any options or alternatives proposed.

5.2.4 GRIT-Specific Information. To support the State's evaluation under Section 6.1, the Offeror must address the following as part of its Detailed Response:

5.2.4.1 Specialized Expertise and Technical Approach. Describe the Offeror's understanding of GRIT's objectives and its proposed approach to audience research, campaign strategy, message development and testing, content and creative development, public and community engagement, media planning and placement, measurement, and continuous campaign improvement. Include up to five examples or links to relevant prior work.

5.2.4.2 Resources Available.