C2023226_GraphicsServices_RFP~2.pdf

OBDD RFP No. C2023226 (OregonBuys # S-12300-00007576)

Request for Proposals:

Printing, Graphics, and Miscellaneous Production

Services

Proposal Due Date: 26 July 2023, at 3:00 p.m. Pacific Standard Time

1.0. GENERAL INFORMATION

Pursuant to ORS 279B.060 and OAR 137-047-0260, the Oregon Business Development Department (“Business Oregon”) seeks a variety of graphic and production services for Business Oregon and its boards and commissions. The two main units that will be utilizing these services are the Arts Commission/Cultural Trust and the Marketing & Communications team, each of which will require a separate account.

Business Oregon anticipates awarding an Agreement for Services (“Agreement”) through this Request for Proposals (“RFP”), with the specific services provided pursuant to Work Order Contracts (“WOC”) issued under the Agreement. Business Oregon reserves the right to select more than one provider. The Agreement(s) is/are expected to commence in July 2023 for a seven-year term. The Arts Commission and Cultural Trust has spent approximately $60,000 each year on average over the last three years for the services described in this RFP. Contingent on Business Oregon’s need and the availability of funding, the Agreement may be amended to the extent allowed by law to extend its term, increase the compensation, or add services within the general scope of this RFP, without conducting further solicitation activities.

1.1. BACKGROUND and NEED

Business Oregon is the state's economic development agency. The mission of Business Oregon is to invest in Oregon’s businesses, communities, and people to promote a globally competitive diverse and inclusive economy. Business Oregon also houses the Oregon Arts Commission and the Oregon Cultural Trust in recognition of the expanding role the Arts play in the broader social, economic and educational arenas of Oregon communities. Information about the Arts Commission’s program activities can be accessed at https://www.oregonartscommission.org/programs. Information about the Cultural Trust’s program activities can be accessed at https://www.culturaltrust.org/.

Business Oregon seeks the services of a contractor for the full array of graphic design and production services, as more fully described in Section 1.2 below, which Business Oregon will contract for through WOCs within the scope of this RFP. The successful proposer (hereafter called the “Contractor”) must be able to directly provide the core services, hereafter called “Pre-Press Services.” Pre-Press Services means graphic art creation, layout, type setting, and design. Necessary related services (“Related Services”) include: services of writers, photographers, videographers, printing, and specialty production.

For the Related Services, Contractor may either produce items directly, or serve as a broker, subcontracting work out to a pre-approved list of firms. When subcontracting, Contractor is still responsible for quality and satisfaction of work by Business Oregon. If the Contractor subcontracts for Related Services, then: i) Contractor will need to get preapproval by Business Oregon for all of its subcontractors, and ii) Contractor will be require to select the subcontractor(s) through a competitive bid process using the preapproved subcontractor list and in a manner that complies with the Public Printing Law, ORS 282.020(3) and 282.210 to 282.990, and the Attorney General’s Model Public Contract Rules. Contractor must provide bids from subcontractors to Business Oregon for approval. Business Oregon will work with the Contractor to find Certification Office for Business Inclusion and Diversity-certified firms to add to its preapproved subcontractor list.

1.2. SCOPE OF WORK

Proposer must be able to provide the following services at a minimum and be able to meet at the Salem office 12 times per year or as deemed necessary by Business Oregon. Costs associated with travel will not be reimbursed by Business Oregon. Actual services and deliverables will be selected on an as-requested basis depending on particular needs at different times, and will be detailed and authorized through WOCs issued under the Agreement that contains a Statement of Work negotiated with the Contractor, to be completed within time constraints established by the Marketing & Communications Team and Arts Commission/Cultural Trust Team of Business Oregon, respectively. Work may include, but not be limited to the following Services:

Pre-Press Services

a. Digital Design and Layout. Business Oregon will typically provide camera-ready digital artwork, but will occasionally require layout and design services from Contractor.

Contractor should also be able to address technical issues with digital files, such as separation adjustment, conversion and color correction. These services must produce products that are in-line with:

• Business Oregon’s style guide (only for WOC issued by the Marketing team)

• Arts Commission and Cultural Trust’s style guides (only for WOC issued by Arts

Commission and Cultural Trust, respectively)

• ADA Title II requirements by meeting WCAG 2.0 Level A and Level AA standards.

Links to each style guide (ADA requirements are in the Business Oregon style guide) can be found here: https://www.oregon4biz.com/Contracting/

b. Creation of graphic art.

c. Type setting services.

https://www.oregonartscommission.org/programs https://www.culturaltrust.org/ https://www.oregon4biz.com/Contracting/

d. Design services.

Related Services

a. Content writing/editing services.

b. Photography and videography services.

c. Print Production. Booklets, brochures, postcards, one-page handouts, etc. Digital, offset and large-format printing will be required. Binding, trimming, die-cutting, and other standard print-related capabilities are expected.

d. Mailing Services. Printing, sorting, postage, delivery to post office.

e. Signage. Vinyl banners, trade show signage, foam core signs, etc. Grommeting, stitching, mounting hardware and other standard signage-related capabilities are expected.

f. Specialty Production. Creation of specialized mechanical and/or electronic promotional items/materials. E.g. banners that roll up/out of top-mounted hardware and/or rotates by mechanical means.

g. Promotional Items. Promotional giveaways such as pens, USB drives, magnets, etc.

imprinted with Business Oregon logo or other information.

h. Pickup/Delivery Services. Pickup and delivery with no additional cost to Business Oregon, for both its Salem and Portland offices. For cost, Contractor will also pack and ship to other destinations as directed by Business Oregon.

This is not an exclusive list. Business Oregon reserves the right to contract for other services and goods reasonably related to visual graphics and printing.

To ensure compatibility, product quality, and Business Oregon’s ability to use finished electronic files for other purposes, the Contractor must use software compatible with Business Oregon’s software. At the time of this RFP, Business Oregon uses Adobe Creative Cloud design software and Microsoft Office. Further, to facilitate bid requests and communication of project updates, the Contractor must also have and maintain one email account and have access to the internet throughout the term of any awarded AFS, and subsequent WOCs. Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.

1.3 QUESTIONS AND CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or award, or to the intent or technical aspects of the Services must be submitted in writing (email preferred; mail or fax are acceptable) to:

Christian Nasset, Contract and Procurement Officer Oregon Business Development Department 775 Summer St., NE, Suite 200 Salem, OR 97301- 1280 Telephone: (971) 382-2343 Email: Christian.Nasset@Biz.Oregon.gov

All questions must be received not later than four calendar days prior to Proposal Due Date specified on the title page of this RFP.

Substantive questions and answers will be issued as official addenda to this RFP. Business Oregon reserves the right to not respond to questions it determines are already addressed in the RFP. Changes or modifications to this RFP shall be binding on Business Oregon only if in the form of written addenda issued by Business Oregon.

Business Oregon will advertise addenda only on the OregonBuys website (https://oregonbuys.gov/bso/view/login/login.xhtml) and on Business Oregon’s internet address:

https://www.oregon4biz.com/Contracting/. Anyone who has received a copy of this RFP from a source other than Business Oregon is responsible for checking with designated procurement staff, OregonBuys or the Business Oregon’s internet address for the existence of any addenda. Proposers are responsible for checking these sources to determine whether or not an addendum has been issued, and then must either download or request an electronic copy. Aside from requested copies, Business Oregon is not responsible for sending addenda to any potential Proposers.

Business Oregon may require any clarification it needs to understand a proposal.

1.4 PROTESTS AND REQUESTS

1.4.1 RFP PROTESTS AND CHANGE REQUESTS

Proposers who believe RFP specifications are unnecessarily restrictive or limit competition, or who wish to suggest scope of work elements or revised scoring criteria more likely to assist Business Oregon in selecting the best Proposer, are encouraged to submit a solicitation “protest”. All protests concerning the RFP, including requests for change of particular provisions, specifications, or the Agreement terms and conditions, must be submitted in writing to the procurement staff person identified in section 1.3 not later than four calendar days prior to the Proposal Due Date specified on the cover page of this RFP.

A protest must clearly and specifically explain the reason(s) for the protest and specify any proposed changes to the RFP specifications. Business Oregon will respond to protests in writing. Business Oregon will not consider any solicitation protest submitted after the deadline established in this subsection.

1.4.2 AWARD PROTEST REQUIREMENTS

Every Proposer that submits a proposal will be notified of its selection status. Any Proposer who claims to have been adversely affected by the selection of a competing Proposer must deliver a written protest to the procurement staff person identified in section 1.3 within seven calendar days after receiving notification of its selection status. A protest must meet all applicable requirements in OAR 137-047- 0740. Business Oregon will review protests and respond in writing. Business Oregon will not consider any protest submitted after the protest submission deadline established in this subsection.

1.5 DUE DATE

Proposals must be received by 26 July 2023, on or before 3:00 p.m. Pacific Time (“Proposal Due Date”). Proposals will be opened at this time. Absolutely no Proposals will be accepted after this date and time. Business Oregon relies on the State of Oregon email system clock to determine the correct time and is not responsible for any delays or difficulties experienced in the transmission of any proposal.

Please do not wait until the last minute to email your proposal; it will be too late to correct any problems.

1.6 ELECTRONIC RESPONSES BY EMAIL ONLY

Only electronic proposals sent by email are acceptable. Proposals sent by fax, regular mail, and physical deliveries will not be accepted. The email subject or reference line for all submittals must include the RFP title and RFP number.

Proposals will be received only at the following email address: Christian.Nasset@Biz.Oregon.gov Business Oregon will accept Proposals in electronic files compatible with Microsoft Office or Adobe PDF applications. The signed cover sheet required by section 1.9 must be submitted as a .PDF file. Files in excess of 50 megabytes must be submitted incrementally, i.e. multiple emails (please label accordingly). Proposals must not be submitted as .zip, .exe or .com files. If your proposal exceeds the https://www.oregon4biz.com/Contracting/

50-megabyte limit of Business Oregon’s email system, instead of incremental submission, you may request a link to Business Oregon’s Microsoft One Drive to upload your proposal by contacting the person identified in Section 1.3 no later than two days prior to the Proposal Due Date.

1.7 NO LATE OR MISDIRECTED SUBMISSION OF PROPOSALS

Submittals that are late or misdirected will be considered non-responsive, without exception. Business Oregon is not responsible for errors of any kind involved with electronic submission, nor for notifying Proposers of complete or incomplete receipt of a proposal.

1.8. FORMAT FOR PROPOSAL SUBMISSIONS AND PAGE LENGTH LIMITATION:

Proposals must be organized in accordance with the list of scored criteria in Section 2.2. A proposal must not exceed 10 pages, excluding cover sheet (Attachment A). If 10 pages seems insufficiently few to allow a reasonable response to the requested information, please submit a solicitation protest per section

1.4.1. The Proposer may choose how to allocate pages among any sections within the overall page limit.

If a Proposer submits a proposal exceeding these limits, Business Oregon will consider the pages up to that allowable number and discard all subsequent pages.

One page is defined as: one side of a single 8-1/2" x 11" page, with 12-point minimum font size for the substantive text. Any page over this size will be counted as two pages. Any page or partial page with substantive text, graphics, charts, resumes, etc., will be counted as one page. Proposers may use their discretion for the font size of other materials (e.g., graphics, charts).

1.9. COVER SHEET

Every proposal submitted must include a completed Cover Sheet (substantially in the form of Attachment A), signed by a duly authorized representative of the Proposer empowered to bind the Proposer. Any proposal without a completed Cover Sheet will be rejected as non-responsive. The signed cover sheet must be emailed as a .PDF file.

1.10 PUBLIC RECORDS

This RFP, and one copy of every proposal accepted in response to it, will be kept by Business Oregon and made a part of its records. All accepted Proposals will become part of the public file without obligation to Business Oregon. If a proposal contains any information that may be exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, the Proposer must clearly designate that portion of its proposal it considers to be exempt, along with a justification and citation to the authority relied upon. Application of the Uniform Trade Secrets Act (UTSA), ORS

646.461 and 646.475, and the Oregon Public Records Law will determine whether any information is actually exempt from disclosure. Identifying an entire proposal as exempt from disclosure is not acceptable and will not be effective to exempt the proposal or any part of it from disclosure. Failure to identify the portion of the proposal claimed as exempt from disclosure, and to specify a justification and the authority relied upon, will be deemed a waiver of any future claim based on disclosure of that information.

1.11 TERMS AND CONDITIONS

By submitting its proposal, the selected Proposer agrees to be bound by the terms and conditions of the Agreement that is attached to this RFP as Attachment B, including requirements for insurance as determined by Business Oregon. Any proposal that is conditioned on Business Oregon’s acceptance of any other terms and conditions or rights to negotiate will be rejected as non-responsive.

However, Business Oregon in its sole discretion reserves the right to negotiate any term or condition of the Agreement.

PROPOSAL SUBMISSION CHECKLIST FOR USE BY PROPOSERS - INFORMATION ONLY

Due Date Met Proposal Addressed Correctly Proposal in Acceptable Electronic File Type(s) Proposal Format and Page Limit Requirements Met Signed Cover Sheet Included Proposal Does Not Include Conditional Language About Terms and Conditions Public Records Disclosure Exemption Statement Included (If Applicable)

2.0 INFORMATION REQUESTED FROM PROPOSERS; SCORED CRITERIA

Scoring is based on the categories described below. If not specifically requested here, Proposers must also describe how they meet any other requirements that may be specified in Section 1 above.

2.1 REFERENCES

Please provide three clients/references that you have completed similar work for. Please provide the information in a format similar to the table format below. Client projects should be similar in type, size, dollar amount, etc. to Business Oregon’s needs. Projects performed within the last five years are preferred (projects may be identical or different than those described in response to Section 2(a)(vi) above). Include all information requested below; email and phone numbers of clients are required.

Name of entity, point of contact, address

Email and phone Types of projects and services provided

Date of Work and $ volume ex am pl e

Acme, Inc.

Bob Smith, Manager 1234 Main St.

Salem, OR 97201

503-288-8888 503-289-9999 Bob.smith@acme.com

Digital printing, press printing, 4 canvas banners, three 10,000-piece mailings

1/1/18-12/31/18 $150,000 in projects.

1.

2.

3.

2.2 SCORED INFORMATION

2.2.1 Proposer’s General Qualifications and Capabilities 60 Points Demonstrate your team’s qualifications and experience relating to the requested Services. Response should address the following:

• Explain your ability and capacity to directly provide Pre-Press Services described in Section 1.2, and describe the scope of services your team is able to provide. Please include a firm resume describing your team and each member’s experience in the industry.

• Explain your ability and capacity to directly provide, or subcontract for, the Related Services described in Section 1.2, and describe the scope of services your team, or subcontractors, are able to provide.

• Explain how you can accommodate any level of work assigned under a WOC, including any possible limitations. Describe if there are issues that may affect ability to respond to Services contemplated by this RFP.

• Explain your team’s ability to manage short turn-around times for projects requested by Business Oregon through WOCs.

• Explain your customer service commitment, including, but not limited to: your ability to respond to communications (during regular business hours and off-hours), order requests, problem-solving issues/defects with products, and cost or no-cost drop-in meetings/consultations, etc.

• Provide samples of work performed within the last five years, that match or closely relate to those Services described in Section 1.2. For avoidance of doubt, this should be in an electronic portfolio, and not physically mailed. Please refer to Sectin 1.6 regarding email size limitations and alternative methods for submission. Please focus on Pre-Press Services specifically, and detail which elements of the sample were provided by your team directly, and which elements were subcontracted for (and identify the subcontractor(s)).

2.2.2 Cost Proposal 40 points

Provide detailed cost projections for your services and the hypothetical specific work described below.

Costs may be provided by service category on an hourly rate basis and include fixed costs for items that may have published costs, such as various charges for copying, insertion orders, and subcontractors.

The below are historic examples of actual orders with dates shown to illustrate turn-around time. These examples are for proposal comparison purposes only, not actual orders that will be placed by Business Oregon at this time. NOTE: Highest scores for this Section will be awarded to Proposers who can provide the described Services at the lowest prices. Please provide a price quote for each item.

Your Services, Generally

Please provide the costs for each of your services you describe in response to Section 2(a)(i) above, and stating whether they are flat rate or hourly.

Print Production

Digital Print

Work order submit date: Feb 27, 2023 Work must be completed by: Mar 1, 2023

Print Quantity: 250 digital prints. Specifications: 14" x 8.5" double parallel fold to finished 3.5" x 8.5" on 80# cover; full color both sides.

Traditional Press

Work order submit date: Mar 15, 2023 Work must be completed by: Mar 29, 2023

Print Quantity: 250. Specifications: 11” x 17”, finished size 8.5” x 11”, saddle stitched, 36 pages, self-cover 80# white matte, inside 60# white text gloss, 4/4 with bleeds.

Mailing Services

Work order submit date: Oct 22, 2023 Work must be completed by: Nov 14, 2023

• Layout, mail prep, postage, print 13,500 letters (first type of letter)

• Print 13,500 donation remit envelopes

• Print 13,500 color envelopes with paid postage

• Print 8,000 window envelopes with paid postage

• Print 8,000 window envelopes, no paid postage

• Layout mail prep, postage, print 5,777 letters (second type of letter)

• Layout, mail prep, postage, print 500 letters (third type of letter)

• Layout, mail prep, postage, print 1,440 letters (fourth type of letter)

• Compile and mail: letter, 100 donor inserts, and box of 40 bottles to 45 recipients, each

• Print 15,000 bookmarks

• Print 35,000 donor inserts

Signage

1) Trade Show Banner/Signage

Work order submit date: Jan 3, 2023 Work must be completed by: Jan 14, 2023

Print one vinyl banner with built pull-up stand-alone hardware, full color, 36' w x 92' h, silver casing, electronic art file supplied.

2) Conference Signage/Foam Core

Work order submit date: Apr 21, 2023 Work must be completed by: Apr 26, 2023

Create two 3’ x 4’ 2-color posters, mounted on foam core, electronic art file supplied.

Promotional Items

Trade Show Bookmarks

Work order submit date: Jan 3, 2023 Work must be completed by: Jan 18, 2023

Print 500 bookmarks. Specifications: finished size 2” x 8”, 16pt gloss finish, 4/4 with bleeds.

Graphic Design & Digital Layout

Annual Report

Work order submit date: Jan 18, 2023 Work must be completed by: Feb 22, 2023

Develop graphic design, layout, and execute all elements of production from Business Oregon-supplied content, copy, and data. Design using Business Oregon brand and style guide elements (colors, type face, etc.). Report maximum length should be 8 finished (8.5" x 11") pages, which includes self-cover. Report elements are:

1) Introductory Letter from Director and/or Chair of Business Oregon

2) Business Oregon Mission, Vision, Values, Strategic Priorities

3) Ten Key Performance Measures, with Explanation and Results

4) Strategic Plan Metrics, with Explanation and Results

5) 3-5 Success Stories, <100 words each.

6) Data visualizations

7) Cover Elements: logo, web address (https://www.oregon4biz.com/), mailing address, report title (FY 2018 Annual Report)

Report quantity is 500. Specifications: 11" x 17", finished size 8.5" x 11", saddle stitch, 4/4 with bleeds; 8 pages, self-cover 80# matte, inside 60# text gloss. Final Report files are to be provided to

Business Oregon for website posting. Business Oregon requires the following approvals and deadlines:

1) Design concept no later than Jan 25, 2023

2) First draft no later than Feb 1, 2023

3) Final draft no later than Feb 8, 2023

4) Delivery to Business Oregon’s Salem Office no later than Feb 22, 2023.

3.0 EVALUATION PROCESS

The selection process will be administered in accordance with the authority and procedures in OAR Chapter 123, Division 6 and OAR 137-047-270 Proposals received on time will be reviewed against any Pass/Fail criteria. Proposals meeting those criteria will be forwarded to an evaluation committee that will independently score each Proposal according to the scored criteria set forth in Section 2.1.

Without limiting the possibilities allowed under OAR 137-047-0261, the Department may, at any time in its sole discretion, (a) provide notice to a Proposer of selection for Contract negotiation and possible award; (b) gather more information for evaluation, (c) provide notice to a Proposer(s) of non-selection; or

(d) provide notification to Proposer(s) that the RFP is cancelled (and either that the RFP may be resolicited or that Department intends to take no further action with respect to the RFP).

The Department reserves the right to employ any of the procedures allowed by Oregon Administrative Rule 137-047-0261, such as additional competitive steps or Proposals, modified or additional selection criteria, interviews, competitive simultaneous discussions or negotiations, etc. Information or issues revealed by a Proposer’s questions or Proposal, may, in the IFA’s sole discretion, trigger such modifications or further steps. If there are further steps beyond the initial Proposal and scoring, the scoring results from the first step and any subsequent step will be added together.

Department reserves the right to reject any or all Proposals for good cause if it is in the public interest, and is not liable for any costs a Proposer incurs while preparing or presenting its Proposal or during further evaluation stages.

4.0 CONTRACT AWARD REQUIREMENTS

4.1 NEGOTIATIONS

The Department, in its sole discretion, reserves the right to negotiate all terms and conditions in the attached Sample Contract to the extent allowed by law.

If negotiations with the top ranked Proposer are not successful, Department may terminate negotiations and begin negotiating with the next highest ranked Proposer.

4.2 CERTIFICATES OF INSURANCE

The Contractor will be required to provide certificates of insurance for the insurance coverages required by the Personal Services Contract (Attachment B, Exhibit B).

4.3 CONTRACTOR RESPONSIBILITIES

The Contractor shall assume responsibility for any and all contractual matters, including performance of work and the stated deliverables finalized in the Contract, whether the Contractor, an agent or an allowed subcontractor produces them.

RFP ATTACHMENT A - COVER SHEET & CERTIFICATIONS

STATEMENT OF PROPOSAL to Oregon Business Development Department

__________________________________________ (Legal Name of Proposer) accepts all the terms and conditions contained in the Printing, Graphics, and Miscellaneous Production Services, and the attached sample Contract (as they may have been modified or reserved for negotiation).

Corporation Professional Corporation Partnership Limited Partnership Ltd. Liability Company Ltd. Liability Partnership Sole Proprietorship Other __________

Mailing Address

Type name of contact/authorized representative Email address Telephone Other Type name of person(s) authorized to sign Contract

Nondiscrimination and Good Faith Efforts with COBID Office: The State of Oregon prohibits unlawful discrimination in employment, including but not limited to: discrimination because of race, national origin, color, sex, gender identity, sexual orientation, age, religion, physical or mental disability, military status, marital status or family status. Proposer certifies that Proposer understands and will follow applicable civil rights and employment laws.

Proposer certifies that to the best of Proposer’s knowledge, that Proposer has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a service-disabled veteran-owned business or an emerging small business enterprise certified under ORS 200.055 in awarding a subcontract.

Proposer certifies that Proposer will make good faith efforts to encourage disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, service-disabled veteran-owned businesses and emerging small businesses to participate in any subcontracting by Proposer by taking the actions listed in ORS 200.045(3)(a)-(j). Such good faith efforts include working with the Certification Office for Business Inclusion and Diversity (COBID) and utilizing the list of certified enterprises and businesses.

Responsibility Certifications Has your company ever been declared in breach of any contract to provide services for unperformed or defective work?

Yes No If “yes,” explain.

Has any employee or agent of your company been convicted under state or federal law of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty?

Yes No If “yes,” explain.

Has your company or any employee or agent of your company been indicted under state or federal false claims or antitrust laws, or charged with any other criminal offense arising out of obtaining, attempting to obtain, or performing a public or private contract or subcontract? Yes No If “yes,” explain.

During the last ten years, has your firm changed majority ownership or been the debtor in a bankruptcy case?

Yes No

If “yes,” explain.

Does your firm have any outstanding judgments pending against it? Yes No If “yes,” explain.

During the last ten years, has your firm been a party to litigation, arbitration or mediation where the amount in dispute exceeded $10,000? Yes No If “yes,” explain. (Include court, and party names.)

Conflicts of Interest: Please select (only) one of the following three options:

Our firm has no current, known actual, potential, or reasonably perceived, financial or other interest in the outcome of the services described in this RFP.

Our firm has a potential or reasonably perceived financial or other interest in the outcome of the services described in this RFP as described here: ___________________. Our firm proposes to mitigate the potential or perceived conflict according to the following plan: ___________________________.

Our firm has an actual financial or other interest in the outcome of the services described in this RFP as described here: ___________________.

What does “financial interest” mean?

If your firm, or employee of your firm working on the project (or a member of the employee’s household), will/may or may be perceived to receive or lose private income depending on government business choices based on your firm’s services, findings or recommendations, this must be listed as a financial interest. An example would be ownership in physical assets affected by government business choices related to these services. The possibility of contracting for further consulting services is not included in this definition and is not prohibited.

What does “other interest” mean?

If your firm, or employee of your firm working on the project (or a member of the employee’s household), will/may or may be perceived to have political, legal or any other interests that will affect what goes into your firm’s services, findings or recommendations, or will be/may be, or may be perceived to be, affected by government business choices related to these services, this must be listed as an other interest.

Tax Information and Tax Compliance: The undersigned certifies and swears under penalty of perjury that: I am authorized to act on behalf of Contractor, I have authority and knowledge regarding Contractor’s payment of taxes, the taxpayer identification number and other information provided on Contractor’s IRS W-9 or W-8 form is correct, Contractor is not subject to tax withholding, and Contractor is not in violation of any Oregon tax laws, including but not limited to a state tax imposed by ORS 320.005 to 320.150 and 403.200 to 403.250 and ORS chapters 118, 314, 316, 317, 318, 321 and 323 and the elderly rental assistance program under ORS

310.630 to 310.706 and local taxes administered by the Department of Revenue under ORS 305.620. Contractor shall continue to comply with the tax laws of this state or a political subdivision of this state during the term of the public contract.

Signature of Authorized Representative certifying the truth of all statements:

[signature] [Type name] Date

RFP ATTACHMENT B – Sample Contract

STATE OF OREGON PERSONAL/PROFESSIONAL SERVICES CONTRACT

Number _____

Title: _____ This Agreement for Services (“AFS” and “Agreement”) is between the State of Oregon, acting by and through its Oregon Business Development Department, hereafter called, “Department” or “OBDD,” and ________________________________, hereafter called “Contractor.” Department Contract Administrator for this Agreement is:________________________. Department may change the Contract Administrator assignment by sending written notice to Contractor.

The purpose of this Agreement is to identify the form of contract and the general terms and conditions applicable to subsequent contracts entered into between Department and Contractor pursuant to which Contractor will perform tasks and activities within the scope of RFP # C2023226. This Agreement, by itself, is not a binding contract. Rather, Department and Contractor intend to enter into binding contracts through execution of a Work Order substantially in the form attached as Exhibit A that specifies the services to be performed and makes the standard terms and conditions set forth in Exhibit B (Standard Terms and Conditions) applicable to the services (the Work Order and the standard terms and conditions set out in Exhibit B make up a “Work Order Contract” or “WOC”). Each such WOC so executed shall create a separate contract between the parties (consisting of the Work Order together with both the standard and special terms and conditions) enforceable in accordance with the terms thereof and independent of all other such Work Order Contracts.

This Agreement for Services will become effective on the date it has been signed by every party. Unless this Agreement for Services terminated or extended, Work Order Contracts may not be issued under this Agreement for Services after 30 June 2029, which is the termination date of this AFS.

WORK ORDER CONTRACT REQUIREMENTS

If Department offers Contractor a WOC under this Agreement, Contractor must notify Department within two business days (or such longer time as Department may specify) after Department’s offer of the WOC of Contractor’s intent to negotiate with Department for that WOC. If Contractor does not so notify Department, Department may solicit separately for that work, or take other action it deems appropriate.

If Contractor does notify Department, within the timelines identified above, Department and Contractor will negotiate the statement of work, delivery schedule and compensation amounts for services to be performed by Contractor. Each WOC must clearly be within the Scope of Services in the associated RFP. If negotiations fail to conclude in an agreement, Department may offer solicit separately for that work, or take other action it deems appropriate.

The projects will be assigned as needed and there is no guarantee that any specific amount of work or overall dollar amounts will be assigned during the term of the AFS or that Contractor will be offered any WOCs under the AFS. No Services under a WOC or WOC amendment shall begin before Department and Contractor have signed the WOC and other required signatures are obtained on the WOC or WOC amendment.

SCOPE OF SERVICES

The Statement of Work contained in each Work Order Contract (“WOC”) must be within the scope of what is described in this Section. All work will be specified on a project-by-project basis by the issuance of a WOC, to be completed within time constraints established by the Communications Team or Arts Commission/Cultural Trust Team of Department, including, but not limited to, the following tasks:

Pre-Press Services

a. Digital Design and Layout. Department will typically provide camera-ready digital artwork, but will occasionally require layout and design services from Contractor.

Contractor should also be able to address technical issues with digital files, such as separation adjustment, conversion and color correction. These services must produce products that are in-line with:

• Department’s style guide (only for WOC issued by the Marketing team)

• Arts Commission and Cultural Trust’s style guides (only for WOC issued by Arts

Commission and Cultural Trust, respectively)

• ADA Title II requirements by meeting WCAG 2.0 Level A and Level AA standards.

b. Creation of graphic art.

c. Type setting services.

d. Design services.

Related Services

a. Content writing/editing services.

b. Photography and videography services.

c. Print Production. Booklets, brochures, postcards, one-page handouts, etc. Digital, offset and large-format printing will be required. Binding, trimming, die-cutting, and other standard print-related capabilities are expected.

d. Mailing Services. Printing, sorting, postage, delivery to post office.

e. Signage. Vinyl banners, trade show signage, foam core signs, etc. Grommeting, stitching, mounting hardware and other standard signage-related capabilities are expected.

f. Specialty Production. Creation of specialized mechanical and/or electronic promotional items/materials. E.g. banners that roll up/out of top-mounted hardware and/or rotates by mechanical means.

g. Promotional Items. Promotional giveaways such as pens, USB drives, magnets, etc.

imprinted with Department logo or other information.

h. Pickup/Delivery Services. Pickup and delivery with no additional cost to Department, for both its Salem and Portland offices. For cost, Contractor will also pack and ship to other destinations as directed by Department.

This is not an exclusive list. Department reserves the right to contract for other services and goods reasonably related to visual graphics and printing.

To ensure compatibility, product quality, and Department’s ability to use finished electronic files for other purposes, the Contractor shall use software compatible with the Department’s software. The Department currently uses: Adobe Creative Suite cloud versions and Microsoft Office 2016. Further, to facilitate bid requests and communication of project updates, the Contractor shall have and maintain one email account and have access to the internet throughout the life of this Agreement, and subsequent WOCs.

Contractor may either produce items directly or serve as a broker, subcontracting work out to a pre-approved list of firms. When sub-contracting, Contractor is responsible for quality and satisfaction of work by Department.

Contractor must select any subcontractor for the printing services through a competitive bid process that complies with the Public Printing Law, ORS 282.020(3) and 282.210 to 282.990, the Attorney General’s Model Public Contract Rules.

All sub-contractors must be pre-approved by Department, with new sub-contractors added to the approved list on a case-by-case basis at any time. The approved subcontractors at the effective date of this Agreement are:

Name of entity, address

Contact Person, Email Primary Service Provided Other capabilities/services ex am pl e

Johnson Printing 234 Main St.

Salem, OR 97201

Abe Smith, Manager Abe.smith@johnson.com

Digital and offset printing. Large format printing, finishing, mail-house

1.

2.

3.

If no subcontractors are listed here, Contractor is the only firm authorized to perform work as a result of this Agreement.

ORS 282.210 requires that, unless authorized in advance in writing by State, Contractor shall perform all printing and binding work subject to this Contract within the State; and Department will make no payment for printing or binding work subject to this Agreement for Services and any Contract unless such work was done within the State. If Contractor’s production plant location identified in a WOC is outside the State, Department’s signature to the WOC is authorization to Contractor to perform printing and binding work at that named location. Contractor shall not close or relocate its printing operations conducted at the facility named in a WOC without the prior written consent of Department.

CONTRACTOR DATA AND TAX LAW CERTIFICATION

Name (tax filing): Contractor Address: Address, City, State and Zip Email: Email Telephone: Telephone. Facsimile:

Citizenship, if applicable: Non-resident alien Yes No Business Designation (check one):

Private for-profit, or non-profit Corporation Professional Corporation Partnership Limited Partnership Limited Liability Company Limited Liability Partnership Sole Proprietorship Other:

Above payment information must be provided prior to Agreement for Services approval. This information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer identification submitted. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject Contractor to 31 percent backup withholding.

ORS 200.090 requires all public agencies to “aggressively pursue a policy of providing opportunities for available contracts to emerging small businesses...” The Department encourages Contractor in any contracting activity to follow good faith efforts as described in ORS

200.045. Additional resources are provided by the Certification Office for Business Inclusion and Diversity (COBID) Program Manager at https://www.oregon4biz.com/How-We-Can-Help/COBID/Certified/. Also, COBID maintains a list of certified firms and can answer questions. Search for certified COBID firms on the web at: https://oregon4biz.diversitysoftware.com/.

Certification: The individual signing on behalf of Contractor hereby certifies and swears under penalty of perjury: a) the number provided by Contractor to Department is its correct taxpayer identification; ; (b) Contractor is not subject to backup withholding because (i) Contractor is exempt from backup withholding, (ii) Contractor has not been notified by the IRS that Contractor is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified Contractor that Contractor is no longer subject to backup withholding; (c) s/he is authorized to act on behalf of Contractor, s/he has authority and knowledge regarding Contractor’s payment of taxes, and to the best of her/his knowledge, Contractor is not in violation of any Oregon tax laws, including those in OAR 150-305.385(6)-(B). For purposes of this certificate, ‘Oregon tax laws’ means the state inheritance tax, gift tax, personal income tax, withholding tax, corporation income and excise taxes, amusement device tax, timber taxes, cigarette tax, other tobacco tax, 9-1-1 emergency communications tax, the homeowners and renters property tax relief program and local taxes administered by the Department of Revenue (Multnomah County Business Income Tax, Lane Transit District Tax, Tri-Metropolitan Transit District Employer Payroll Tax, and Tri-Metropolitan Transit District Self Employment Tax); (d) Contractor is an independent contractor as defined in ORS 670.600; and

(e) the above Contractor data is true and accurate.

Contractor, by the signature below of its authorized representative, acknowledges that it has read this Agreement, understands it, and agrees to be bound by the terms and conditions of this Agreement and any WOC issued under this Agreement.

CONTRACTORS: NO SERVICES MUST OCCUR PRIOR TO NECESSARY STATE APPROVALS

CONTRACTOR

Approval Signature Title Date

DEPARTMENT

Oregon Department of Justice

Approved as to Legal Sufficiency (All Contracts over $150,000, unless exempted) Date https://www.oregon4biz.com/How-We-Can-Help/COBID/Certified/ https://oregon4biz.diversitysoftware.com/

Exhibit A to AFS – Form of Work Order

Work Order Contract # ________ Agreement for Services # __________________ Project Name and Location:

This Work Order Contract is between the State of Oregon acting by and through its Business Development Department, hereafter called “Department,” and ___________________, hereafter called “Contractor,” and is effective as of the date of last signature hereto (the “Effective Date”). Contractor agrees to complete and deliver to Department the Services described in the Statement of Work set forth below, in accordance with the provisions of this Work Order Contract and the terms and conditions of the Agreement for Services between Department and Contractor dated as of __________. Department and Contractor agree and acknowledge that on the Effective Date, this Work Order Contract is a valid and binding contract between Department and Contractor enforceable in accordance with the terms of the foregoing documents. The term “Contract” as used in Exhibits B and C means “Work Order Contract,” Department and Contractor agree and acknowledge that this Work Order Contract is separate from and independent of all other Work Order Contracts.

No Services shall occur until this Work Order Contract is signed by all parties and all necessary State of Oregon governmental approvals are obtained.

Statement of Work [Placeholder/Note to Proposer: The Statement of Work for each project/need for services for which Contractor is awarded a Work Order Contract shall be negotiated by Department and Contractor within the scope of what is described in the Agreement for Services and inserted here in each final Work Order Contract. Include production facility location for printing services.]

Compensation Provisions [Placeholder]

[OPTION 1]

a. The Department shall pay the Contractor $______ per ____ for Services performed and that are accepted by the Department as being in conformance with the requirements of this Work Order Contract.

b. Subject to the policies and reimbursement rates set forth in the Oregon Accounting Manual as of the date the Contractor incurs mileage for such travel, the Department shall reimburse the Contractor for mileage incurred for that travel but only if the total round trip mileage exceeds X miles. The Oregon Accounting Manual is available at:

https://www.oregon.gov/das/Financial/Acctng/Pages/oam.aspx

c. The cumulative maximum amount payable to the Contractor for all Services performed, all travel time incurred, and all mileage eligible for reimbursement is $_______________ under this Work Order Contract

[OPTION 2]

The maximum, not-to-exceed compensation payable to the Contractor under this Work Order Contract, which includes any allowable expenses, is $_____________, and shall not exceed $______ in any event, to be paid at the rate(s) of ___________________.

https://www.oregon.gov/das/Financial/Acctng/Pages/oam.aspx

Contractor, by the signature below of its authorized representative, acknowledges that it has read the Work Order Contract, understands it, and agrees to be bound by its terms and conditions.

The undersigned certifies and swears under penalty of perjury that: I am authorized to act on behalf of Contractor, I have authority and knowledge regarding Contractor’s payment of taxes, the taxpayer identification number and other information provided on Contractor’s IRS W-9 form is correct, Contractor is not subject to tax withholding, and Contractor is not in violation of any Oregon tax laws, including but not limited to a state tax imposed by ORS 320.005 to 320.150 and 403.200 to 403.250 and ORS chapters 118, 314, 316, 317, 318, 321 and 323 and the elderly rental assistance program under ORS 310.657 and local taxes administered by the Department of Revenue under ORS 305.620.

Contractor shall continue to comply with the tax laws of this state or a political subdivision of this state during the term of the public contract.

CONTRACTOR: NO SERVICES MAY OCCUR PRIOR TO NECESSARY STATE APPROVALS

CONTRACTOR

DEPARTMENT

Oregon Department of Justice

Approved as to Legal Sufficiency (All Contracts over $150,000, unless exempted) Date

Exhibit B to AFS – Standard Terms and Conditions

1. Effective Date and Duration. This Contract shall become effective on the Effective Date (as defined in the Work Order). Unless terminated, this Contract shall expire when Department accepts Contractor’s completed performance. Expiration shall not extinguish or prejudice Department’s right to enforce this Contract with respect to any breach of a Contractor warranty or any default or defect in Contractor performance that has not been cured.

2. Statement of Work. The statement of work (the “Services”), including the delivery schedule for such Services, is contained in the Work Order. Contractor agrees to perform the Services in accordance with the terms and conditions of this Contract. Contractor may not render any Services, and Department shall have no obligation to pay for any Services rendered, prior to the Effective Date.

3. Consideration.

a. Department agrees to pay Contractor up to the sum set forth in the Work Order for rendering the Services required by this Contract. The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is set forth in the Work Order.

b. Payments to the Contractor shall be made only in accordance with the Work Order following Department’s review and approval of products resulting from the Services. Payment for all Services performed under this Contract shall be subject to the provisions of ORS 293.462 and shall not exceed the total maximum sum set forth in the Work Order, which includes any allowable expenses.

Contractor shall not submit invoices for, and Department will not pay, any amount in excess of the maximum compensation set forth in the Work Order.

4. Contract Documents. In the event of a conflict or inconsistency between the various parts of this Contract, the parts of this Contract shall be given precedence in the following descending order: (1) these standard terms and conditions, other than Exhibit 1 to these standard terms and conditions, (2) Exhibit 1 (Insurance) to these standard terms and conditions, and (3) the Work Order form.

5. Independent Contractor; Responsibility for Taxes and Withholding.

a. Contractor shall perform all Services as an independent contractor. The Department reserves the right (i) to determine and modify the delivery schedule for the Services and (ii) to evaluate the quality of the Services and Work Product, however, the Department may not and will not control the means or manner of Contractor’s performance. Contractor is responsible for determining the appropriate means and manner of performing the Services.

b. If Contractor is currently performing…