Final_RFP_758_2700000058_1_SO_FORM.PDF

Document ID: RFP 758 2700000058 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Comprehensive Marketing and Advertising Services

Date Issued:

09/16/2026 Record Date:

09/16/2026

Solicitation Closes Date:

10/02/2026 Time:

15:30

Solicitation No:

RFP 758 2700000058

Online Bidding Prohibited: No

For Information Call:

Sheila Durham 502-564-8626

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

Document ID: RFP 758 2700000058 Page: 2

Line Items

Commodity Group: Default Commodity Group

Line CL Description Quantity UOM Unit Cost Line Total or Contract Amnt

1 Comprehensive Marketing and Advertising Services

Comm Code Comm Description Manufacturer Model # Manuf Part #

915 COMMUNICATIONS AND MEDIA

RELATED SERVICES

Extended Description The Tourism, Arts, & Heritage Cabinet (TAH), on its behalf and behalf of its agencies, desires to contract with a qualified vendor to provide comprehensive marketing and advertising services to the Cabinet and its agencies for marketing and promoting tourism in the Commonwealth including expenditures to market and promote events and venues related to meetings, conventions, trade shows, cultural activities, historical sites, recreation, entertainment, natural phenomena, areas of scenic beauty, craft marketing, and any other economic activity that brings tourists and visitors to the Commonwealth.

Shipping Information Tourism Arts and Heritage Cabinet - Office of the Secretary Shipping 500 Mero Street, 5th Floor

Frankfort KY 40601

Billing Information Tourism Arts and Heritage Cabinet - Office of the Secretary Billing 500 Mero Street, 5th Floor

Frankfort KY 40601

Document ID: RFP 758 2700000058 Page: 3

Submission Checklist

The following items will be required to be submitted with bid:

Item Proposed Technical Solution. Submit electronically by Closing Date & Time.

Proposed Cost Solution. Submit electronically by Closing Date & Time.

COMMONWEALTH OF KENTUCKY

REQUEST FOR PROPOSAL (RFP)

FOR

COMPREHENSIVE MARKETING AND ADVERTISING SERVICES

RFP 758 2700000058

RELEASE DATE: WEDNESDAY, SEPTEMBER 16, 2026

CLOSING DATE AND TIME: FRIDAY, OCTOBER 2, 2026, AT 3:30 PM ET

ISSUED BY

THE FINANCE AND ADMINISTRATION CABINET

ON BEHALF OF THE

TOURISM, ARTS, & HERITAGE CABINET

COMMONWEALTH BUYER:

SHEILA DURHAM

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

OFFICE OF PROCUREMENT SERVICES

200 MERO STREET, 5TH FLOOR

FRANKFORT, KY 40622

(502) 564-4510

Sheila.durham@ky.gov

TABLE OF CONTENTS

Proposal Submission Checklist Section 1 – Summary Section 2 – Introduction Section 3 – Scope of Work Section 4 – Commonwealth Office of Technology Requirements Section 5 – Procurement Requirements and Instructions Section 6 – Proposal Submission Section 7 – Proposal Evaluation Section 8 – Negotiations Section 9 – Contract Requirements Section 10 – Standard Terms and Conditions Section 11 – Attachments

PROPOSAL SUBMISSION CHECKLIST

The vendor MUST include the following with the proposal submission.

If the items highlighted below are not submitted with the proposal submission, the Commonwealth MUST deem the proposal non-responsive and SHALL NOT consider for award.

All other items MUST be submitted prior to award.

PROPOSED TECHNICAL SOLUTION

Document Phase Document Description Page 4

2700000058 Final Comprehensive Marketing and Advertising Services Total Pages: 36 mailto:Sheila.durham@ky.gov

PROPOSED COST SOLUTION

TRANSMITTAL LETTER [see Section 6.7(A)]

REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION

APPLICATION IF APPLICABLE (see Section 6.7 (C)], CERTIFICATE OF AUTHORITY- REGISTRATION WITH SECRETARY OF

STATE BY A FOREIGN ENTITY IF APPLICABLE [see Section 6.7 (D)]

REQUIRED ANNUAL AFFIDAVIT AND OTHER AFFIDAVIT(S)

https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required

%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf

SECTION 1 - RFP SUMMARY

1.1 Estimated Schedule of RFP Activities

The following table presents the anticipated schedule for major activities associated with the RFP distribution, proposal submission, proposal evaluation process, and contract award. The Commonwealth reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.

Anticipated Schedule of Activities

Release of RFP Wednesday, September 16, 2026 Vendors’ Written Questions due by

5:00 PM ET

Wednesday, September 23. 2026

(SUBMIT QUESTIONS ON ATTACHMENT D-VENDORS’ QUESTION FORM)

Commonwealth’s Response to Vendors’ Written Questions

Friday, September 25, 2026

Proposals due by 3:30 PM ET Friday, October 2, 2026

1.2 Issuing Office

The Commonwealth of Kentucky, Finance and Administration Cabinet, Office of Procurement Services, is issuing this RFP on behalf of the Tourism, Arts and Heritage Cabinet. The Finance and Administration Cabinet is the only office authorized to change, modify, amend, alter, or clarify the specifications, terms and conditions of this RFP.

A contract, based on this RFP, may or may not be awarded. Any contract award from this RFP is invalid until properly approved and executed by the Finance and Administration Cabinet.

1.3 Agencies to Be Served

This contract shall be for use by the Tourism, Arts and Heritage Cabinet and its agencies (as defined “Agency”). No shipments shall be made except upon receipt by vendor of an official delivery order from the using agency.

Document Phase Document Description Page 5 https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf

The Office of Procurement Services reserves the right, with the consent of the vendor, to offer the Master Agreement resulting from this solicitation to other state agencies requiring the product(s) or service(s).

SECTION 2 - INTRODUCTION

2.1 Purpose

The purpose of this Request for Proposal (RFP) is to solicit proposals for competitive negotiations pursuant to 200 KAR 5:307. The Tourism, Arts, & Heritage Cabinet (TAH), on its behalf and behalf of its agencies, desires to contract with a qualified vendor to provide comprehensive marketing and advertising services to the Cabinet and its agencies for marketing and promoting tourism in the Commonwealth including expenditures to market and promote events and venues related to meetings, conventions, trade shows, cultural activities, historical sites, recreation, entertainment, natural phenomena, areas of scenic beauty, craft marketing, and any other economic activity that brings tourists and visitors to the Commonwealth.

This document should provide respondents with the information necessary to assess the ability of their organization to meet the needs of the Commonwealth in providing the specified services under the terms included herein by which the Commonwealth proposes to govern the relationship between itself and the selected vendor.

The objectives of this request include but are not limited to:

- Provide advertising and marketing services for projects and initiatives to communicate effectively with the public.

- Develop content for marketing and advertising, i.e., digital/print ads, tv, radio commercials, paid social media videos/ads, multi-media production.

- Develop strategic campaigns for targeted audiences utilizing marketing research, analytics, and trends.

- Identify and coordinate marketing and advertising placement within state, local, and international media markets as well as paid social media campaigns.

- Develop digital content, i.e., videography/photography/graphic design/web design/podcasting.

- Identify and contract with the appropriate research firms needed to assist the department and to make the best marketing decisions.

The successful Vendor shall develop a working knowledge of all strategies for

TAH and its agencies for seamless integration of marketing messages throughout the Cabinet. A list of TAH agencies is below in Section 2.2.

The contractual relationship established by this RFP shall be between the Commonwealth and a prime vendor. The Commonwealth allows the Vendor to subcontract with one or more additional vendors to successfully accomplish the scope of work. The Commonwealth reserves the right to require its approval of any subcontractor before that subcontractor begins work on any portion of the contract resulting from this RFP.

The Vendor will ensure and attest that all work developed for and presented to Commonwealth Agencies are original creations by the Vendor or its

Document Phase Document Description Page 6 subcontractor(s) and is available for the exclusive, permanent, and unrestricted use of the Commonwealth and its Agencies.

Commonwealth Agencies shall own, or where agreed upon (pictures, voiceovers, etc.), all permanent rights to any resulting designed and produced items or other proprietary interest in items: i.e. artwork, printed materials, video, photography, and copy that have been produced pursuant to this Master Agreement Contract.

The Vendor shall provide files in a format that can be edited at the discretion of the Agency. At no time should the files be “locked” in a manner in which changes can’t be made to any materials.

2.2 Background

The Kentucky Tourism, Arts, & Heritage Cabinet is dedicated to fostering and promoting the state’s rich heritage as well as developing Kentucky as a premiere travel destination for all travelers to enjoy.

The Cabinet is comprised of the following agencies:

Kentucky Department of Tourism – KDT’s mission is to market Kentucky as a travel destination to generate revenue for Kentucky’s economy. The agency promotes Kentucky as a tourism destination through domestic and international marketing and advertising, trade shows, sales missions, and public relations/ communications.

Kentucky Department of Parks – Kentucky is home to 44 state parks, including 18 recreation state parks, 17 resort parks, 13 golf courses, and 9 state historic sites.

Kentucky Artisans Center at Berea – The Center’s mission is to provide new visibility for Kentucky artisans and the products they create while promoting Kentucky culture. Located just off Interstate 75 at Berea Exit 77, the Center features work by more than 850 artisans from over 100 counties across the Commonwealth.

Kentucky Arts Council - The Council is the state government agency responsible for developing and promoting support for the arts in Kentucky. As the state’s arts agency, KAC creates opportunities for people to find value in the arts, participate in the arts, and benefit from the arts through programs, grants and services.

Kentucky Heritage Council – The Heritage Council serves as the state historic preservation office, responsible for the identification, protection and preservation of prehistoric resources and historic buildings, sites, and cultural resources throughout the Commonwealth, in partnership with other state and federal agencies, local communities, and interested citizens.

Kentucky Historical Society - The agency engages people in the exploration of the Commonwealth’s diverse heritage. Through comprehensive and innovative services, interpretive programs and stewardship, the Historical Society provides connections to the past, perspective on the present, and inspiration for the future.

KHS also manages and operates the Kentucky History Center & Museums (KHCM), comprised of three sites in historic downtown Frankfort: the Thomas D.

Clark Center for Kentucky History; the Old State Capitol; and the State Arsenal, home of the Kentucky Military History Museum.

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Governor’s School for the Arts – GSA provides hands-on arts opportunities for the state’s talented high school students who are dancers, actors, instrumental and vocal musicians, creative writers, future architects, or visual artists. GSA’s primary components include a three-week summer residential program, regional arts workshops and master classes, college and career day, and an artist roster of performing and visual artists made up of GSA alumni.

Kentucky Performing Arts - The mission of The Kentucky Performing Arts is to provide artistically diverse performances of the highest quality. KPA serves Kentucky through education and initiatives, which expand and diversify audiences while enhancing their understanding, appreciation and support for the arts.

KPA strives to challenge, stimulate, and entertain while operating in a fiscally responsible manner and acting as an economic and cultural catalyst for the Commonwealth.

Kentucky Humanities Council - The Kentucky Humanities Council, Inc. is an independent, nonprofit affiliate of the National Endowment for the Humanities in Washington, D.C. The Council is supported by the National Endowment and by private contributions. The Humanities Council is not a state agency, and receives no state funds, but proudly partners with Kentucky's cultural, heritage, arts, and tourism agencies.

Kentucky Center for African American Heritage - In 1994, The African American Heritage Foundation (AAHF) had the initial goal of encouraging the preservation of African American sites, communities and culture. This began with the preservation of historic structures in the African American community, and the recognition of important sites through its historic marker program. Now, the AAHF has opened a Center, located at 18th and Muhammad Ali Blvd. in Louisville, Kentucky. The center is dedicated to the sole purpose of showcasing these triumphs. Here, African American history has the platform to share its monumental achievements with the community in which it took place.

Kentucky Venues – The agency promotes the Kentucky Fair & Exposition Center and the Kentucky International Convention Center for the Kentucky State Fair, exhibitions, conventions, trade shows, public gatherings, cultural activities, and other functions. Kentucky Venues serves regional, national, and international clients while promoting the progress of the Commonwealth and advancing Kentucky's agriculture and tourism industries and economy.

Kentucky Horse Park – The Kentucky Horse Park is a working horse farm/theme park and equine competition facility dedicated to man’s relationship with the horse. The park showcases the many equestrian breeds and disciplines of the horse industry and hosts a number of high-profile horse shows and special events each year attracting visitors, competitors, and horses from across the United States and around the world.

Kentucky Department of Fish & Wildlife Resources – The Department’s mission is to conserve and enhance fish and wildlife resources and provide opportunities for hunting, fishing, trapping, boating and other wildlife related activities

SECTION 3 – SCOPE OF WORK

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PROPOSALS THAT DO NOT MEET MANDATORY REQUIREMENTS WILL BE

DEEMED NON-RESPONSIVE AND WILL BE ELIMINATED FROM CONSIDERATION.

Mandatory Requirement means a condition set out in the specifications or statement of work that must be met without exception.

3.1 Scope of Work

A. The successful Vendor shall provide comprehensive marketing and advertising services surrounding brand and niche marketing campaigns to increase tourism visitation and spending in the Commonwealth. Services may include, but are not limited to: developing strategic campaigns, creative concepts and designs for print, digital, television, radio, video, out-of-home, and other media platforms; paid social media campaigns, multi-media production, research, media strategy, planning and placement.

The Commonwealth reserves the right to obtain or retain other outside Vendors for advertising & marketing service needs. The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein with the approval of the TAH and its agencies.

The contractor shall be solely responsible for performance of the entire contract whether or not subcontractors are used. The Commonwealth shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor. All references to the contractor shall be construed to encompass both the contractor and any subcontractors of the contractor.

Subcontracting of services not performed by the vendor should not include additional compensations or fees for the vendor that were not previously outlined in the vendor’s cost proposal. The Cabinet reserves the right to utilize a vendor on master agreement for services inside and outside the scope of the vendor’s expertise.

B. Out of pocket production items - The Commonwealth may reimburse the

Vendor for actual cost of out of pocket production items. The Vendor shall be required to receive advance written approval from the requesting Agency for the cost of each proposed item and shall include the actual receipt with the reimbursement request.

All art, copy, and other production items must be produced in accordance with prevailing industry standards and to the Agency’s satisfaction.

C. Novelty and printing items may be included in the out-of-pocket production items provided the novelty and printing items are directly related to the marketing campaign. The Commonwealth may require the Vendor to furnish quotations to the requesting Agency for comparison to the other Vendor’s quote to determine the best value for the Commonwealth.

If another Vendor is chosen for the novelty and printing items, the marketing Vendor shall work with the Commonwealth and / or designated Vendors regarding any printing and production requirements. It is at the Commonwealth’s discretion to utilize the selected Vendor’s printing resources or the Commonwealth’s printing Vendors.

The same practice will be in place for any novelty-type items needed for the campaign (pens, bags, key chains, water bottles, etc.)

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D. The Vendor may be required to develop cooperative advertising. This would be in all types of media opportunities. The Vendor may be required to sell the time and/or ad space.

The contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein with the approval of the TAH and its agencies. The contractor shall be solely responsible for performance of the entire contract whether subcontractors are used. The Commonwealth shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise because of this relationship shall be resolved by the prime contractor. All references to the contractor shall be construed to encompass both the contractor and any subcontractors of the contractor. Subcontracting of services not performed by the vendor should not include additional compensation or fees for the vendor that were not previously outlined in the vendor’s cost proposal. The Cabinet reserves the right to utilize a vendor on master agreement for services inside and outside the scope of the vendor’s expertise.

Upon completion or termination of each project or assignment, the Vendor shall provide within five (5) calendar days the designed and/or produced materials/creative content and other items to the Commonwealth or its designee, in a commonly used and commercially available digital format that enables the Commonwealth to reuse, revise, and redistribute the designs and/or produced materials.

The Vendor shall also be required to provide redundant and secure off-site backup of all files that the Vendor has produced for, or received from, the Commonwealth under the terms of the Master Agreement. The files shall be in a non-proprietary recoverable format that is commonly used and requires only commercially available software that the Commonwealth can access to recover and reuse, revise, and redistribute.

Upon request, the Vendor shall be required to provide pre-campaign and post campaign reports/analytics to demonstrate the effectiveness of particular advertising & marketing service needs.

Vendor agrees to adhere to CIO-126 Artificial Intelligence Policy.pdf, (see Section 10.31 of this solicitation) which includes but is not limited to, the required written disclosure, in advance, of every use of generative AI and/or integrations with generative AI system. Vendor agrees to disclose all parts of contracted work that is expected to be or will be performed with the assistance of AI. Further, Vendor understands and agrees to take appropriate measures to ensure Generative AI shall not be used for any activities that are illegal or in violation of state policy, COT policy, or agency policy per CIO-126. Vendors may not use Commonwealth confidential or internal data in generative AI queries or for building or training proprietary generative AI programs unless explicitly approved in writing by the agency head with consultation from the COT Chief Information Officer. Vendor agrees to provide reasonable written notice of any issue of noncompliance with these requirements.

Vendor attests that during the term of this Master Agreement, the Vendor will maintain sufficient staff and talent to accommodate the work and quality requirements of the Commonwealth; that the Vendor will perform

Document Phase Document Description Page 10 https://technology.ky.gov/policies-and-procedures/PoliciesProcedures/CIO-126%20Artificial%20Intelligence%20Policy.pdf its assignments within a reasonable time period as agreI am not sure ed upon (by Agency and Vendor representatives) at the start of the assignment; and that the Vendor will not acquire other client(s) that may have competing interests with the Commonwealth as solely determined by the affected Commonwealth agencies.

The Vendor shall not bill or seek reimbursement on behalf of any of its staff travel time, lodging, or other expenses to the requesting agencies office in Frankfort or other primary locations.

If the Commonwealth requires travel due to work on a specific project, the Commonwealth shall reimburse the Vendor in accordance with Commonwealth travel regulations and rates set forth in 200 KAR 2:006.

If travel is related to training, it shall be paid by the Vendor and not the Commonwealth. Reimbursement shall be limited to the talent, crew, production staff and shall include meals, mileage, and overnight lodging in accordance with 200 KAR 2:006. All travel shall require an itinerary and shall be pre approved by the agency. Full day per diem shall not exceed $50 per day.

At the end of the Master Agreement, it may be necessary to work with new Master Agreement vendor to transition on-going services. It will be expected of the current Vendor to work with the new Vendor(s) to ensure a seamless transition of service and anything that had been developed for a campaign, i.e. artwork, materials, digital files, etc.

Vendor shall not provide day-to-day marketing and advertising services within the scope of the Cabinet and its agency staff i.e., website management, social media management, data/content storage, graphic design, merchandise selection and promotion, etc.

SECTION 4 – COMMONWEALTH OFFICE

OF TECHNOLOGY (COT) REQUIREMENTS

NOT APPLICABLE

SECTION 5 – PROCUREMENT REQUIREMENTS AND INSTRUCTIONS

5.1 Procurement Requirements

Procurement requirements are listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx and https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx respectively. The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

5.2 Access to Solicitation, RFP, and Addenda

The Commonwealth wants each prospective vendor to have full and complete information on which to base a proposal response. Only information presented or

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2700000058 Final Comprehensive Marketing and Advertising Services Total Pages: 36 https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx referred to in this RFP and any additional written information that is supplied by the Commonwealth Buyer shall be used by vendors in preparing the response.

The solicitation, addenda, and attachments shall be posted to the Kentucky Vendor Self Service link at https://vss.ky.gov

It is not necessary to register to access the solicitation. Unregistered vendors can access solicitations by clicking on public access.

In the event of any conflict or variation between the solicitation or modification as issued by the Commonwealth and the vendor’s response, the version as issued shall prevail.

5.3 RFP Terminology

For the purpose of this RFP, the following terms may be used interchangeably:

- Proposer, Offeror, Contractor, Provider, or Vendor

- Commonwealth Buyer, Buyer, Purchaser, or Contract Officer

- RFP, Solicitation, or Procurement

- Bid, Proposal, or Offer

- Commonwealth of Kentucky, Commonwealth, or State, Agency, Tourism, Arts & Heritage Cabinet, TAH, any of the agencies outlined in Section 2.2.

- Fiscal Year will be defined as the Commonwealth fiscal year: July 1 through June 30

- Biennium will be defined as the Commonwealth biennium: July 1 of each even numbered year through June 30 of the next even numbered year

- Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement

- Mandatory Requirement means a condition set out in the specifications or statement of work that must be met without exception.”

5.4 Restrictions on Communications

The Commonwealth Buyer named on the Cover Sheet of this RFP shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular, express, or electronic mail,), concerning this procurement shall be addressed to the Buyer.

For violation of this provision, the Commonwealth shall reserve the right to disqualify the vendors’ proposal response.

5.5 Confidentiality of Contract Terms

The contractor and the Commonwealth agree that all information communicated between them before the effective date of the contract shall be received in strict confidence and shall not be necessarily disclosed by the receiving party, its agents, or employees without prior written consent of the other party. Such material will be kept confidential subject to Commonwealth and Federal public information disclosure laws.

Upon signing of the contract by all parties, terms of the contract become available to the public, pursuant to the provisions of the Kentucky Revised Statutes.

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The contractor shall have an appropriate agreement with its subcontractors extending these confidentiality requirements to all subcontractors’ employees.

5.6 Written Questions Regarding this RFP

Vendors are encouraged to submit written questions pursuant to Section 1.1 of this RFP. Written questions shall be submitted to the Commonwealth Buyer via email at Sheila.Durham@ky.gov. Vendors should submit questions on Attachment A - Vendors Question Form. No questions shall be accepted after the date(s) listed in Section 1.1 unless the question(s) is considered material to the procurement.

The Commonwealth shall respond to salient questions in writing by issuing an addendum to the solicitation. The addendum shall be posted to the Kentucky Vendor Self Service site.

5.7 Vendor Response and Proprietary Information

The RFP specifies the format, required information, and general content of proposals submitted in response to the RFP. The Finance and Administration Cabinet will not disclose any portions of the proposals prior to Contract Award to anyone outside the Finance and Administration Cabinet, representatives of the agency for whose benefit the contract is proposed, representatives of the Federal Government, if required, and the members of the evaluation committees. After a contract is awarded in whole or in part, the Commonwealth shall have the right to duplicate, use, or disclose all proposal data submitted by vendors in response to this RFP as a matter of public record. Although the Commonwealth recognizes the vendor's possible interest in preserving selected data which may be part of a proposal, the Commonwealth must treat such information as provided by the Kentucky Open Records Act, KRS 61.870 et sequitur.

Informational areas which normally might be considered proprietary shall be limited to individual personnel data, customer references, selected financial data, formulae, and financial audits which, if disclosed, would permit an unfair advantage to competitors. If a proposal contains information in these areas that a vendor declares proprietary in nature and not available for public disclosure, the vendor should declare in the Transmittal Letter [see Section

6.7 (A)] the inclusion of proprietary information and shall noticeably label as proprietary each file containing such information. Proprietary information shall be submitted separately and identified as “Proprietary Data”. Proposals containing information declared by the vendor to be proprietary, either in whole or in part, outside the areas listed above may be deemed non-responsive to the RFP and may be rejected.

5.8 Notification of Award of Contract

The procurement process will provide for the evaluation of proposals and selection of the successful proposal in accordance with State law and regulations. KRS Chapter 45A of the Kentucky Model Procurement Code provides the regulatory framework for the procurement of services by State agencies.

All applicable statutes, regulations, policies and requirements shall become a part of an award as well as the Information Technology requirements.

For additional award information, vendors may email the Commonwealth Buyer.

5.9 Protest

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Pursuant to KRS 45A.285, the Secretary of the Finance and Administration Cabinet, or his designee, shall have authority to determine protests and other controversies of actual or prospective offerors in connection with the solicitations or selection for award of a contract.

Any actual or prospective offeror or contractor, who is aggrieved in connection with solicitation or selection for award of a contract, may a file protest with the Secretary of the Finance and Administration Cabinet. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing and shall be addressed and mailed to:

Holly M. Johnson, Secretary

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

200 MERO STREET, 5TH FLOOR

FRANKFORT, KY 40622

The Secretary of Finance and Administration Cabinet shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken.

The decision by the Secretary of the Finance and Administration Cabinet shall be final and conclusive.

5.10 Vendor Notification – Ineligible for Award

The Commonwealth will not consider or evaluate any proposal submitted by a vendor when the vendor, the vendor’s employees or agents, had any involvement, contribution or participation in the development, preparation or review of this RFP prior to its issuance. The vendors proposal will be deemed ineligible for award.

5.11 Past Vendor Performance

Past vendor performance may be considered in the award of this Contract. Vendors with a record of poor performance in the last twelve (12) months may be found non-responsible and ineligible for award.

SECTION 6 – PROPOSAL SUBMISSION

6.1 Disposition of Proposals

All proposals become the property of the Commonwealth of Kentucky. The successful proposal shall be incorporated into the resulting contract by reference.

Disposal of unsuccessful proposals shall be at the discretion of the Commonwealth Buyer.

6.2 Rules for Withdrawal of Proposals

Prior to the date specified for receipt of offers, a submitted proposal may be withdrawn by electronic or written notice by submitting a signed written request for its withdrawal to the Commonwealth Buyer.

6.3 Commonwealth’s Right to Use Proposal Ideas

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The Commonwealth of Kentucky shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposals received in response to the RFP. Selection or rejection of the proposal will not affect this right.

6.4 Submission of RFP Response

Each qualified offeror shall submit only one (1) proposal. Alternate proposals shall not be allowed. Failure to submit as specified shall result in a non-responsive proposal.

Acknowledgment of Addenda It is the vendor's responsibility to check the web site for any modifications to this solicitation.

Failure to specifically acknowledge addenda with submission will not excuse the vendor from adhering to all changes to the requirements of the solicitation set forth therein nor provide justification for any pricing changes.

6.5 Electronic Proposal Submission

Proposals shall be received by electronic submission in the eProcurement system.

An electronic proposal shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Proposal information MUST be completed online. Response must contain all required information for the Solicitation. All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://vss.ky.gov

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response.

Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Service Registration Guides are provided at https://vss.ky.gov

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

Proposals shall be submitted in three (3) parts: The Technical Proposal, the Cost Proposal, and Proprietary Information. Each part should consist of one document attachment. Do not submit multiple document attachments as Technical, Cost or Proprietary. All files shall be labeled accordingly. Attachments may not exceed

65,000 KB.

Proposals submitted online must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance

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2700000058 Final Comprehensive Marketing and Advertising Services Total Pages: 36 https://vss.ky.gov https://vss.ky.gov mailto:Finance.CRCGroup@ky.gov and formal submission by the vendor. The system will not allow submission of an online proposal after the published date and time for closing.

A proposal may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement system.

6.6 Format of Response

Proposals shall be submitted in three (3) parts: the Technical Proposal, the

Cost Proposal, and Proprietary Information. Each part should consist of one document. Do not submit multiple documents as Technical, Cost or Proprietary.

a. The Technical Proposal should be submitted on one (1) document marked Technical (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: Technical – Name of offeror RFP number.

b. The Cost Proposal should be submitted on one (1) document marked

Cost (in Microsoft Word, Microsoft Excel or PDF format ONLY).

Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: Cost

– Name of offeror RFP number.

c. Any Proprietary Information shall be submitted on one (1) document marked Proprietary (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: Proprietary – Name of offeror RFP number.

Pricing shall only be provided in the Cost Proposal. DO NOT SUBMIT ANY

PRICING INFORMATION IN THE TECHNICAL PROPOSAL.

All submitted Technical and Cost Proposals shall remain valid for a minimum of six (6) months after the proposal due date.

6.7 Technical Proposal Content

A. Transmittal Letter The transmittal letter should be on the vendor’s letterhead, and signed by an agent authorized to bind the vendor. The transmittal letter should include the following:

i. A statement that deviations are included, if applicable.

Proposed deviations must be outlined in the transmittal letter.

Any deviation from the provisions of the solicitation must be specifically identified by the vendor in its proposal, which if successful, shall become part of the contract. Such deviations shall not be in conflict with the basic nature of this solicitation.

The Commonwealth reserves the right to reject any and/or all deviations in whole or in part.

ii. A statement that, if awarded a contract as a result of this solicitation, the vendor shall comply in full with all

Document Phase Document Description Page 16 requirements of the Kentucky Civil Rights Act, and shall submit all data required by KRS 45.560 to 45.640;

iii. A statement pursuant to KRS 11A.040 that the vendor has not knowingly violated any provisions of the Executive Branch Code of Ethics;

iv. A statement that the vendor is in compliance with Prohibitions of Certain Conflicts of Interest;

v. A statement of certification in accordance with Federal Acquisition Regulation 52.209-5, Certification Regarding Debarment, Suspension, and Proposed Debarment that to the best of its knowledge and belief, the vendor and/or its principals is (are) not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any State or Federal agency.

vi. The name, address, telephone number, and email address of the contact person for this RFP. The address shall be one in which the major overnight delivery services will deliver.

vii. The name, address, telephone number, and email address of the contact person to serve as a point of contact for day-to-day operations.

viii. Subcontractor information to include name of company, address, telephone number and contact name, if applicable.

ix. Federal Tax ID

x. A statement that the vendor agrees to comply with items included in the Mandatory Checklist, if applicable.

xi. Vendor must outline how AI will be used and confirm with a

YES or NO with compliance per Section 10.31.

B. Disclosure of Violation of Statutes Pursuant to KRS 45A.485, contractors are required to reveal final determinations of violation of certain statutes incurred within the last five (5) years and be in continuous compliance with those statutes during the contract. Where applicable, the vendor is required to complete and submit Report of Prior Violations of Tax and Employment Laws.

C. Kentucky Tax Registration Application Revenue Form 10A100, Kentucky Tax Registration Application effective July 2008, is a form to be completed by any person or entity wishing to contract with the Commonwealth to provide goods or services subject to sales and use tax pursuant to KRS 139.200.

https://revenue.ky.gov/Forms/10A100(P)(4-25)_FINAL_locked%20Fill-in.pdf

In accordance with administrative regulation 200 KAR 5:390, this form has to be completed and submitted, before a contract can be awarded. Section 2 of the regulation also notes: “Failure to submit the required documentation or to remain registered and in compliance with the sales and use tax filing and remittance requirements of KRS

139.540 and KRS 139.550 throughout the duration of the contract shall constitute a material breach of the contract and the contract may be terminated.”

D. Registration with the Secretary of State by a Foreign Entity Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not

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2700000058 Final Comprehensive Marketing and Advertising Services Total Pages: 36 https://revenue.ky.gov/Forms/10A100(P)(4-25)_FINAL_locked%20Fill-in.pdf https://revenue.ky.gov/Forms/10A100(P)(4-25)_FINAL_locked%20Fill-in.pdf award a state contract to a person that is a foreign entity required by

KRS 14A.9-010:

to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030: https://apps.legislature.ky.gov/law/statutes/statute.aspx?

id=40424 therefore, foreign entities should submit a copy of their certificate with their solicitation response. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010: https://apps.legislature.ky.gov/law/statutes/statute.aspx?

id=44318, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070:

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50474

Businesses can register with the Secretary of State at:.

https://www.sos.ky.gov/bus/business-filings/Pages/default.aspx

E. Required Annual Affidavit and Other Affidavit(s) F. Proposed Solution (see Section 6.8)

6.8 Proposed Solution Content

Response should be based on the RFP requirements and should include the following:

A. Introduction

Firm’s name, principal place of business, and office locations, the legal form of the Respondent’s business organization, the state in which formed (accompanied by a certificate of authority), the types of business ventures in which the organization is involved, and a chart of the organization should be included in this section.

If the organization includes more than one product division, the division responsible for the development and marketing of the requested products and/ or services in the United States should be described in more detail than other components of the organization.

- Form of business (e.g., corporate, non-profit corporation, partnership, etc.).

- Federal and State Tax Identification Numbers.

- Assurance that all work performed by the Contractor and any subcontractor, if applicable, are performed within the United States.

- Disclosure of any subcontractor(s) to be used in the completion of this contract, including the name of the company, address, telephone number, contact name, and a description of the subcontractor’s role.

- Disclosure and discussion of all open and adjudicated litigation with the last five (5) years.

B. Firm’s Background and Capacity The respondent should provide a detailed summary of their background, especially as it pertains to experience with destination marketing, as well as document what their current capacity is with regard to handling work in-house versus out-sourcing. The information should include any relevant experience which is similar in scope to that outlined in this solicitation.

Provide a list of team members who would work on the account and indicate their level of involvement. This list will be considered the team your Firm proposes to service the account, so only include those who will actually work

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2700000058 Final Comprehensive Marketing and Advertising Services Total Pages: 36 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40424 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44318 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50474 https://www.sos.ky.gov/bus/business-filings/Pages/default.aspx on the account on a consistent basis. Please indicate who will be serving as the Project Manager.

Include:

- Name;

- Job Title/Responsibility;

- Number of Years in Current Position;

- Relevant Experience;

- Brief Summary of Work and Education History

- Provide an organization chart or narrative to explain the managerial structure, inter- and intra-agency relationships, and any past or present contractual relationships with the Commonwealth for services.

C. Describe the Firm's methodology for:

- Identifying client's needs;

- Monitoring, measuring, and evaluating the results and quality of work;

- Means to ensure timely delivery of services;

- Process for ensuring communication of the above to agencies.

- A description of the Proposer's accounting and billing practices, to include a description of the offeror's system for tracking the status of projects and budget expenditures. Provide a mock-up version of a Project Authorization and Invoice.

Provide examples of two campaigns your firm has executed for a client(s) in the past three (3) years. Do not only highlight the effectiveness of the campaign, but include:

- The objectives;

- The target audience;

- The research and methodology that went into the development of the campaign;

- Any creative concepts;

- The results of the campaign;

- How success was measured.

D. Status Reports

Firms shall provide sample progress reports used on previous campaigns to report the status of the work throughout the project.

E. Value Added

This is the proposers’ opportunity to highlight, in summary format, recommendations, concepts, ideas, practices, business strategies, and innovative approaches that may distinguish them from their competitors.

DO NOT INCLUDE ANY COST IN THE TECHNICAL RESPONSE. COST

SHOULD BE SUBMITTED SEPARATELY

6.9 Cost Proposal Content

The vendor should provide its costs for the proposed solution as instructed on the

Cost Proposal Form. (see Attachment B)

The Commonwealth of Kentucky is Tax Exempt. Do not include Federal Excise Tax, Kentucky Sales or Use Tax in proposed costs.

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Costs for developing the proposals are solely the responsibility of the offerors. The Commonwealth of Kentucky shall not provide any reimbursements for such costs.

A proposal shall not be considered for award if the price in the proposal was not arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other offeror or with any competitor. In addition, the offeror is prohibited from making multiple proposals in a different form.

Should conflict of interest be detected any time during the contract, the contract shall be null and void and the contractor shall assume all costs of this project until such time that a new contractor is selected.

SECTION 7 – PROPOSAL EVALUATION

7.1 Proposal Evaluation

The Commonwealth shall conduct a comprehensive, fair, and impartial evaluation of all proposals. The Commonwealth may reject any proposal that is incomplete or in which there are significant inconsistencies or inaccuracies. The Commonwealth reserves the right to reject all proposals.

The Commonwealth has established a Proposal Evaluation Committee to review, evaluate and verify information submitted by the offeror.

Each vendor is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the vendor.

The Commonwealth shall evaluate the proposals by assigning scores as indicated.

7.2 Technical Proposal Evaluation

Criteria Maximum Points Possible Introduction (Section 6.8 (A)) 75

Firms Background & Capacity (Section 6.8 (B)) 400

Methodology (Section 6.8 (C)) 500

Status Reports (Section 6.8(D)) 50

Value Added (Section 6.8(E)) 75

Maximum Points Possible 1,100*

*Proposals with a combined technical score of 600 or less of the maximum technical points possible will not be considered for award and neither cost proposals nor oral demonstration/presentation evaluations will be evaluated regarding that proposal. A proposal’s combined technical score is the combined total points of all scored criteria in the technical proposal portion of an evaluation.

7.3 Cost Proposal Evaluation

Document Phase Document Description Page 20

Proposed Cost of Solution 440 Maximum Points Possible 440

The scoring of bids/proposals is subject to the reciprocal preference for Kentucky resident bidders and preferences for a Qualified Bidder or the Department of Corrections, Division of Prison…