RFP Document.pdf

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SD Office of Family Nutrition Services Outreach & Media Services
Solicitation number
26RFP-26-0904004-011
Issued by
Harding County, South Dakota

About this file

This is a Request for Proposal (RFP) issued by the South Dakota Department of Health's Office of Communication & Marketing for comprehensive outreach and media services to support the WIC (Special Supplemental Nutrition Program for Women, Infants, and Children) Program. The selected contractor will plan, execute, and optimize media placements across digital, print, radio, television, and out-of-home advertising channels to promote WIC enrollment and program awareness across South Dakota. Key deliverables include creative asset development, social media content management, professional translation services in Spanish, Karen, Nepali, Swahili, and Somali, media buying and placement coordination, research services, photography resources, and comprehensive monthly and project-specific reporting. The RFP requires submission of a Letter of Intent by January 21, 2026, at 5:00 p.m. CST, offeror questions by January 23, 2026, and complete proposals by February 18, 2026, at 5:00 p.m. CST, with oral presentations tentatively scheduled for the week of March 18, 2026, and an anticipated award decision in June 2026. The contract will commence June 1, 2026, and run through May 31 of the following year, with the Department reserving the option to renew annually for up to four additional years based on performance, continued need, and available funding.

The sample nine-month WIC Enrollment Awareness Campaign budget is $150,000, though the actual contract budget will be determined by available federal funds and is not guaranteed to remain constant year to year. The contract is funded entirely through federal USDA sources, and the South Dakota Department of Health cannot guarantee annual funding amounts or continued funding, reserving the right to adjust, amend, or terminate the contract in response to changes in federal appropriations. Contractors must maintain commercial general liability insurance of at least $1,000,000 per occurrence, professional liability insurance of at least $1,000,000, business automobile liability insurance of at least $1,000,000 per accident, and workers' compensation insurance as required by South Dakota law. Offerors must submit three paper copies of their proposal within three business days of the electronic submission deadline and certify non-debarment status, non-discrimination in employment practices, and compliance with prohibitions regarding foreign entity ownership and boycotts of Israeli commerce. The contract may be terminated by either party with 30 days' written notice, or immediately by the State for contractor breach.

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Dated 10/16/23

STATE OF SOUTH DAKOTA

SOUTH DAKOTA DEPARTMENT OF HEALTH

OFFICE OF COMMUNICATION & MARKETING

600 EAST CAOITAL AVE

PIERRE, SOUTH DAKOTA 57501

South Dakota Office of Family Nutrition Services Outreach and Media Services

PROPOSALS ARE DUE NO LATER THAN FEBRUARY 18, 2026, @ 5:00 P.M.CST

RFP #: 26-0904004-011 State POC: DOH Communication EMAIL: dohmediavr@state.sd.us

READ CAREFULLY

FIRM NAME: AUTHORIZED SIGNATURE:

ADDRESS: TYPE OR PRINT NAME:

CITY/STATE: TELEPHONE NO:

ZIP (9 DIGIT): FAX NO:

E-MAIL:

PRIMARY CONTACT INFORMATION

CONTACT NAME: TELEPHONE NO:

FAX NO: E-MAIL:

1.0 GENERAL INFORMATION

1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

1.1.1 PROGMATIC BACKGROUND

1. Federal WIC Program Overview:

The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) is a federally funded nutrition and health program that provides personalized nutrition education, breastfeeding support, supplemental foods, and referrals to healthcare and social services.

WIC serves pregnant women, postpartum women, infants, and children under five who are income-eligible and at nutritional risk. The program began in the United States in 1972, authorized under Section 17 of the Child Nutrition Act of 1966, and is administered by the United States Department of Agriculture (USDA).

WIC operates as a discretionary grant program, meaning states must apply for funding each year. Funding is divided into two categories: food funds and Nutrition Services and Administration (NSA) dollars.

2. South Dakota WIC Program:

The South Dakota WIC Program began in 1974 and is administered by the South Dakota Department of Health (SD DOH). South Dakota has 13 Local Agencies and 53 Satellite Sies.

across the state, it delivers vital nutrition services to families in both urban and rural communities. In 2024, the program served an average of 13,540 participants per month, including pregnant and postpartum women, infants, and children. More than half of the participants were children, demonstrating the program’s reach among young families.

The South Dakota WIC Program emphasizes participant-centered care and innovation. In 2024, it implemented a case management model, assigning families to consistent WIC staff for more personalized service. The state was also divided into five geographic regions to improve rural outreach through twelve local agencies.

3. Health Impact & Public Value:

Research consistently shows that WIC participation leads to better birth outcomes, higher breastfeeding rates, improved childhood nutrition, and lower healthcare costs. In South Dakota, WIC has played a key role in reducing health disparities and increasing food access.

For example, 70% of eligible applicants in the state were reached in 2024. Below is a breakdown of specific pollution reached.

o Women Coverage - 92% o Infant Coverage - 100% o Children (overall) - 57% o 1-year-olds - 71% o 2-year-olds - 59% o 3-year-olds - 52% o 4-year-olds - 48%

The WIC Program’s presence also stimulates local economies, with $11.6 million in WIC food dollars spent across 162 authorized vendors statewide.

4. Technology and Innovation:

To modernize service delivery, South Dakota WIC launched an online shopping pilot at Buche’s grocery stores and introduced Wellness on Wheels (WOW) vans to improve rural access. A new participant-facing website was also launched, featuring tools such as a client portal, an approved foods list, and shopping assistance resources. SD WIC also has an app that includes a UPC scan feature to help participants shop.

1.1.2 MASS MEDIA AND OUTREACH BACKGROUND

1. Oversight and Structure:

All media, outreach, and public communications for the South Dakota Department of Health (SD DOH) fall under the Office of Communication and Marketing, which operates within the Healthcare Access Division. This office plays a central role in coordinating statewide media strategies, campaigns, and vendor relationships for multiple public health initiatives.

2. Mission-Driven Communication:

A key responsibility of the Office of Communication and Marketing is ensuring that all public-facing materials and campaigns strictly align with:

• The South Dakota Department of Health Brand Standards o Including South Dakota WIC Brand Standards

• The Department-wide mission

• The specific goals of each public health program, including WIC

This focus on brand and message consistency helps maintain public trust, improve program recognition, and ensure clarity across all health initiatives.

3. Media Contracts and Campaign Management:

The Office oversees over 10 media contracts per year, supporting a diverse range of health topics, including nutrition, immunizations, chronic disease prevention, maternal health, and emergency preparedness. Responsibilities include:

• Contracting with media vendors and creative agencies

• Developing statewide awareness campaigns

• Managing digital, print, radio, television, and out-of-home advertising

• Coordinating multilingual and culturally sensitive outreach efforts

These efforts are guided by data, public feedback, and program priorities to ensure effective message delivery and audience engagement.

4. Collaboration with WIC:

The Office of Communication and Marketing works closely with the South Dakota WIC Program. This collaboration ensures WIC messaging is:

• Strategically aligned with Departmental standards and pragmatic standards

• Targeted to reach eligible populations, including rural, tribal, and underserved communities

• Responsive to emerging participant needs, such as promoting breastfeeding, online shopping access, or new food benefit rules.

Together, WIC and the Communication Office drive media efforts that promote healthy lifestyles, improve food access, and encourage program participation.

5. Evidence-Based and Data-Driven Approach:

The Office of Communication and Marketing uses an evidence-based and data-driven approach for all outreach and media strategies. Messaging is developed using:

• Public health data and trends

• Audience segmentation and demographic analysis

• Program-specific performance metrics

• Communication best practices rooted in behavioral science

Each campaign is evaluated based on reach, engagement, and impact. Data collected through analytics tools, surveys, and stakeholder feedback is used to adjust messaging and improve media targeting. This approach helps ensure outreach efforts are not only informative but also lead to meaningful behavior change, such as increased WIC participation, higher breastfeeding rates, increased food redemption rates, or healthier food choices among families.

1.1.3 GENERAL INFORMATION:

1. Contract Term and Renewal:

Once an Offeror is selected, a one-year contract will be issued, beginning June 1 and ending May 31 of the following year. The Department of Health reserves the option to renew the contract annually for up to four additional years, based on performance, continued need, and the availability of funds.

2. Funding and Fiscal Conditions

The contract resulting from this RFP will be funded through federal sources and is contingent on the availability of funds. The South Dakota Department of Health cannot guarantee annual funding amounts or continued funding. No contract will be executed until funding is secured.

Offerors should understand that funding levels may vary from year to year depending on federal appropriations. The Department retains the right to adjust, amend, or terminate the contract in response to changes in funding status.

3. Website Development and Digital Presence

There will be no website or webpage development included in this contract. The South Dakota WIC website is housed on the state’s ServiceNow platform and is managed independently.

However, the selected offeror may be asked to provide recommendations or feedback on website layout, content organization, or usability to support digital outreach efforts. Final implementation decisions will remain with the Department.

4. Translation Services:

The Department seeks a vendor to provide professional translation services to ensure that WIC materials are accessible to diverse populations. All translations must be:

• Linguistically accurate

• Culturally appropriate

• Tailored to meet the needs of South Dakota’s multi-lingual communities

The selected offeror should have experience with public health messaging in multicultural contexts.

5. Logo and Branding

There are no current plans to redesign the WIC logo. The existing logo is well established, widely recognized, and trusted by WIC participants and community partners.

All media and outreach materials must incorporate the current WIC branding in accordance with Department brand guidelines.

6. Project-Based Contract Structure

This is a project-based contract. The Department may amend the contract throughout its term to include additional media or outreach projects, as needed.

Each project will be individually scoped and discussed with the selected offeror before being formally added to the agreement. This structure allows flexibility to address new outreach priorities as they arise.

1.2 ISSUING OFFICE AND RFP REFERENCE NUMBER

The Office of Communication and Marketing is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota, Department of Health. The reference number for the transaction is RFP #26-0904004-011. This number must be referenced in all proposals, correspondence, and documentation related to the RFP.

1.3 LETTER OF INTENT

All interested offerors must submit a Letter of Intent to respond to this RFP.

All interested offerors must submit a Letter of Intent to respond to this RFP by 5:00 P.M. CST on January 21, 2026.

Failure to submit a Letter of Intent by the deadline will result in disqualification from further consideration for this RFP. In addition, NO late letter of Intent will be expected.

The Letter of Intent should be submitted via email to the Communication Team at dohmediavr@state.sd.us. In the subject line, please include: “Letter of Intent for RFP # 26-0904004-011- [Business Name].”

1.4 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Publication January 09, 2026 Letter of Intent to Respond Due January 21, 2026 @ 5:00 P.M.CST Offeror Questions Due January 23, 2026 @ 5:00 P.M.CST Responses to Offeror Questions January 30, 2026 @ 5:00 P.M.CST Proposal Submission February 18, 2026 @ 5:00 P.M.CST Oral Presentations/discussions (if required) Week of March 18, 2026 Anticipated Award Decision/Contract Negotiation June 01, 2026

1.5 SUBMITTING YOUR PROPOSAL

Proposals must be submitted electronically to dohmediavr@state.sd.us on the date and time specified in the Schedule of Activities. In addition, three (3) paper copies are to be received by the Department no later than three business days from the date and time specified in the Schedule of Activities.

Proposals received after the deadline, whether electronic or hard copy, will be considered late and ineligible.

If the offeror is unable to submit their proposal via email, they must send an email with instructions for retrieving the proposal using a file-sharing program. The offeror must ensure that no password or ID is required to access the proposal or that the password or ID is provided in the email instructions.

All proposals must be signed by an officer of the responder who is legally authorized to bind the responder to the proposal on the form intended by the responder. Proposals that are not correctly signed will be rejected. The sealed envelope should be marked with the appropriate RFP Number and Title.

Proposals should be addressed and labeled as follows:

REQUEST FOR PROPOSAL #26-0904004-011

PROPOSAL DUE FEBRUARY 18, 2026 @ 5:00 P.M.CST

SOUTH DAKOTA DEPARTMENT OF HEALTH

ATTN: COMMUNICATIONS TEAM

600 E. CAPITOL AVE

PIERRE, SD 57501

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

1.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION – LOWER TIER COVERED TRANSACTIONS

Bidders submitting a response to the Department’s RFP make each of the following certifications.

By signing and submitting this proposal, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds.

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

1.7 NON-DISCRIMINATION STATEMENT

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

1.8 BUSINESS WITH A PROHIBITED ENTITY

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

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, mailto:dohmediavr@state.sd.us

Russia, Cuba, or Venezuela, as defined by SDCL 5-18A. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.9 BUSINESS THAT BOYCOTTS PERSON OR ENTITY OF ISRAELI ORIGIN

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

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

1.10 CERTIFICATION OF NO STATE LEGISLATOR INTEREST

Offeror (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to any Agreement entered into as a result of this RFP. By signing an Agreement pursuant to this RFP, Offeror hereby certifies that the Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

1.11 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

No oral, telephonic, telegraphic or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

In the event the winning proposer’s contract is withdrawn or terminated for any reason, the State reserves the right to revisit the selection of the RFP, and select the next highest scoring qualified bidder, subject to the condition that the offer, as made in the bid, is still valid from the bidder.

1.12 OFFEROR INQUIRIES

Offerors may email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Inquiries must be emailed to the SD DOH Communication Team at dohmediavr@state.sd.us with the subject line “Offeror Inquiries RFP #26-0904004-011-[Business Name]”.

All inquiries and the State’s response will be posted on the state’s e-procurement system. Offerors may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP.

The State will only answer inquiries for Offerors who submitted a letter of Intent.

1.13 PROPRIETARY INFORMATION

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists, non-public financial statements, personnel information other than salaries and routine directory information, financial information supplied for qualifying for a bid submitted to the department.

If the bidder desires to protect proprietary or trade information, the bidder shall mark that information in the RFP as proprietary or trade information. It may be contained in a single section or marked by the use of font, size, or markings. An entire proposal may not be marked as proprietary. The Executive Summary must contain specific justification explaining why the information is to be protected. The Department staff will review what information is claimed to be proprietary or trade information and make discretionary decisions regarding its protection under the Public Records Act. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

1.14 LENGTH OF CONTRACT

A one-year contract will be issued, beginning June 1 and ending May 31 of the following year. The Department of Health reserves the option to renew the contract annually for up to four additional years, based on performance, continued need, and the availability of funds.

1.15 DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION/NEGOTIATIONS)

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

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

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

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

STANDARD CONTRACT TERMS AND CONDITIONS

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

In the RFP response the bidder should provide some indication whether the terms are acceptable, if negotiation is required or the terms are unacceptable. The State reserves the right to disqualify the bidder based upon terms it deems “NOT AGREEABLE” or if negotiation does not yield an acceptable agreement by the state. These indications assist the parties draft a contract more quickly upon selection.

Agreeable Negotiable Not Agreeable

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

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

2.3 The Contractor will not use State equipment, supplies or facilities.

The Contractor will provide the State with its Employer Identification Number, Federal Tax Identification Number or Social Security Number upon execution of this Agreement.

2.4 The State will make payment for services upon satisfactory completion of the services. The TOTAL CONTRACT AMOUNT is an amount not to exceed $________________. The State will not pay Contractor's expenses as a separate item. Payment will be made pursuant to itemized invoices submitted with a signed state voucher. Payment will be made consistent with SDCL ch. 5-26

2.5 The Contractor agrees to indemnify and hold the State of South Dakota, its officers, agents and employees, harmless from and against any and all actions, suits, damages, liability or other proceedings that may arise as the result of performing services hereunder. This section does not require the Contractor to be responsible for or defend against claims or damages arising solely from errors or omissions of the State, its officers, agents or employees

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

A. Commercial General Liability Insurance:

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

B. Professional Liability Insurance or Miscellaneous

Professional Liability Insurance:

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

C. Business Automobile Liability Insurance:

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

D. Worker’s Compensation Insurance:

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

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

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

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

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

2.9 This Agreement may be terminated by either party hereto upon thirty

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

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

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

2.12 This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. Any lawsuit pertaining to or affecting this Agreement shall be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

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

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

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

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

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

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

2.19 All other prior discussions, communications and representations concerning the subject matter of this Agreement are superseded by the terms of this Agreement, and except as specifically provided herein, this Agreement constitutes the entire agreement with respect to the subject matter hereof.

2.20 Venue for any and all legal action regarding or arising out of the transaction covered herein shall be solely in the State of South Dakota. The laws of South Dakota shall govern this transaction.

3.0 SCOPE OF WORK

3.1 Overall expectation:

The selected offeror will be responsible for planning, executing, and optimizing media placements for the WIC campaign on a project-by-project basis. Each project will have its own specific goals, target audiences, and messaging priorities. The offeror must demonstrate the ability to deliver a wide range of services using multiple media channels, including digital, print, radio, out-of-home, and social media.

Cultural relevance and inclusivity are essential. All campaign materials must reflect the diverse communities served by WIC. The offeror may also be asked to provide translation services to ensure the campaign is accessible and effective across different language groups.

The offeror is expected to remain flexible and responsive throughout the contract. Media strategies may need to be adjusted to reflect changes in audience behavior, communication trends, or public health priorities.

3.2 Media Planning and Place: The selected offeror will manage the execution of media buys and ensure all placements are delivered accurately and on schedule. This includes coordinating with media vendors, tracking deliverables, and verifying that placements meet campaign standards and objectives.

3.2.1 Placement Coordination: The selective offeror will be responsible for placing approved ads across selected media channels. This includes providing clear timelines, confirming media specifications, and coordinating the delivery of creative assets. The offeror must ensure all placements run during the agreed timeframes and reach the intended audiences.

3.2.2 Tracking and Documentation: The selective offeror will maintain detailed records of all media buys, including insertion orders, run dates, impressions, and audience reach. Proof of performance must be provided for each placement. These records will be used to verify that contracted deliverables are met and to support the evaluation of media effectiveness.

3.2.3 Budget Management and Reconciliation: The selective offeror must track media spending to ensure alignment with approved budgets. Any overages, unused funds, or adjustments must be communicated promptly. At the end of each project or campaign, the offeror will submit a reconciliation report detailing actual expenditures compared to planned media budgets, along with supporting documentation.

3.3 Media Plan Development: The selected offeror will provide the State with a detailed media plan for each campaign project. This plan must outline proposed media placements across all relevant channels, including but not limited to digital, social media, print, radio, television, and out-of-home platforms. The media plan should include the following:

• A breakdown of recommended placements by media type and platform

• The number of spot purchases, flight dates, and frequency of placements

• Associated costs for each media buy

• Any available value-added opportunities such as bonus spots, Public Service Announcements

(PSAs), or donated placements

• Rationale for media selection based on target audience, timing, and campaign goals

The plan should be designed to maximize the campaign’s reach, engagement, and impact while ensuring transparency and efficiency in media budget allocation. All plans must be submitted for review and approval by the State prior to placement.

3.4 Digital/Social Media Services: The selected offeror will manage and optimize the digital and social media components of the WIC campaign. All digital strategies must align with the campaign’s broader communication goals, reinforcing awareness of the WIC program and its services while promoting consistent branding and community engagement.

3.4.1 Platform Optimization: The selected offeror will identify and recommend the most effective digital and social media platforms based on audience insights and campaign objectives.

Platforms should be selected based on their ability to reach the intended audience and support campaign messaging. While social media will be a central component, the offeror may also propose additional digital platforms depending on audience behavior and available resources.

3.4.1.1 TikTok Restriction: In accordance with Executive Order 2022-10 issued by the

Office of the Governor of South Dakota, TikTok may not be used on state-managed devices or for official communications. The WIC campaign will not utilize TikTok as part of its media strategy.

3.4.2 Content Calendar: The selected offeror will prepare and submit a monthly content calendar at least 30 days before scheduled postings. The calendar must include a consistent posting schedule with a mix of informative, engaging, and culturally relevant content. Submissions must include both written content and accompanying visuals (graphics, photos, or videos). The Department reserves the right to request revisions to ensure alignment with messaging, tone, and overall campaign strategy. The calendar should also incorporate key dates, campaign themes, seasonal topics, and relevant public health initiatives.

3.4.3 Administrative Rights: Designated Department of Health communications team members will be granted administrative access to all WIC-related social media accounts. This ensures appropriate oversight, content review, and alignment with Department policies and expectations.

The selected offeror will work collaboratively with Department staff to maintain consistent messaging and brand integrity across all platforms.

3.4.4 Comment Response Plan: In partnership with the Department, the selected offeror will develop and implement a comment response plan to guide social media engagement. This plan should include procedures for responding to questions, concerns, and comments in a timely, respectful, and professional manner. It must reflect the WIC campaign’s messaging and tone and align with Department communication guidelines. The response plan should also outline how to escalate sensitive or high-risk interactions to the Department for further review.

3.4.5 Accessibility: All digital and social media content must comply with accessibility standards, including the use of alt text for images, video captions, and accessible file formats where applicable. The selected offeror is expected to ensure that all users, including those with disabilities, can access and engage with campaign content.

3.5 Asset Library:

At the conclusion of every project, the selected offeror will provide the Department with a comprehensive and well-organized asset library, encompassing all final materials, working files, and media assets produced throughout the project. The asset library is a vital deliverable, ensuring the Department retains full access to all project assets for future reference, reuse, or potential updates. The following components will be included in the Asset Library:

3.5.1 Final Materials: The Asset Library must include all completed and finalized campaign materials.

This includes, but is not limited to, digital content, print materials (e.g., flyers, brochures, posters), and any other final versions of campaign collateral. These materials should reflect the finished and approved versions distributed or published throughout the campaign.

3.5.2 Working Files: The selected offeror must provide all working files used to develop the final materials. This includes, but is not limited to, source files for logos, graphics, illustrations, videos, and documents. These editable files will allow the State to make future modifications or updates to assets, ensuring they can be repurposed or adapted as needed without recreating materials.

3.5.3 Additional Content: Any images, videos, or other content obtained with funding provided by the Department through the contract, whether or not these items appeared in the final media assets, must also be included in the asset library. This ensures that the Department retains ownership of all content produced during the campaign, even if it was not ultimately used in the final deliverables.

3.5.4 Talent Releases: The selected offeror must provide copies of signed talent release forms for all individuals who appear in campaign materials, including photos, video, and audio recordings.

These release forms must grant the Department full permission to use the likeness or voice of any participant in current and future public communication efforts. Talent releases must be submitted along with the final asset library for each project.

3.5.5 Delivery Method and Format: The format and delivery method for the asset library will be determined through mutual agreement between the offeror and the State. The assets should be delivered in accessible, industry-standard formats (e.g., PDF, JPEG, PNG, MP4, AI, PSD) to ensure compatibility with the State’s systems. Possible delivery methods may include cloud-based storage, file transfer protocols, or physical media, depending on the State’s preference for ease of access and file management.

3.5.6 Organized Structure and Documentation: The asset library should be user-friendly, clearly labeling and categorizing all materials and assets. Comprehensive documentation should be provided detailing the library's contents and structure. This documentation should include file-naming conventions, specifications (e.g., resolutions, dimensions), usage guidelines, and any other relevant instructions to ensure the State can easily navigate and use the files.

3.6 Material and Creative Development: The selected offeror will be responsible for developing all creative materials and assets required to support the WIC Program’s outreach, education, and engagement goals.

This includes creating a full range of digital, print, social media, video, and promotional materials that align with the campaign’s brand, messaging, and target audiences. All assets must be visually compelling, culturally appropriate, and consistent across platforms.

The offeror will collaborate closely with the Department throughout the creative process, from project proposals and concept development to production, feedback, and delivery. Translation and compliance requirements must be incorporated where applicable.

3.6.1 Project Proposal: For each new campaign or material development request, the selected offeror will submit a project proposal that includes:

• A brief summary of the project’s goals, scope, and objectives

• A proposed timeline, including milestones and deliverable dates

• A cost estimate covering development, printing, and media placement if relevant

All project costs will be drawn from the overall campaign budget and require Department approval before work begins.

3.6.2 Digital Materials: The selected offeror will design and produce digital assets such as social media graphics, digital ads, web banners, infographics, and other online content. All materials must be optimized for platform-specific use and reflect current best practices for digital engagement.

3.6.3 Print Materials: The selected offeror will develop print-ready materials, including flyers, brochures, posters, and rack cards. The offeror will also manage the print process, including vendor coordination, to ensure quality and timely delivery. Cost estimates for various print quantities must be included in project proposals.

3.6.4 Social Media Content: The selected offeror will develop engaging social media content that aligns with WIC messaging and meets the needs of the audience. This may include graphics, videos, animations, and written posts for Facebook, Instagram, YouTube, and other approved platforms. The use of TikTok is prohibited under Executive Order 2022-10.

3.6.5 Promotional Items and Merchandise: As requested, the offeror may design branded promotional items or educational giveaways to support campaign goals. These items must follow WIC’s visual identity guidelines and be appropriate for outreach events or public distribution.

3.6.6 Video Content: The selected offeror will produce high-quality video content, including promotional clips, educational pieces, testimonials, and animated explainers. All video materials must meet professional production standards and be optimized for use across digital and social platforms, as well as in-person presentations.

3.6.7 Talent Releases: For any campaign material featuring individuals (voice, photo, or video), the selected offeror must obtain and provide the Department with signed talent release forms. These forms must grant the Department full permission to use the likenesses or voices of individuals in campaign materials, including future use beyond the initial project scope.

3.6.8 Feedback and Revisions: The offeror will collaborate with the Department throughout the development process to ensure all materials meet expectations. The Department may request revisions, which must be addressed promptly to maintain project timelines and quality standards.

3.6.9 Final Deliverables: At the conclusion of each project, the selected offeror will provide all finalized materials in both editable and final formats, as appropriate for digital and print use. These deliverables will be included in the project’s asset library.

3.6.10 Translation Services: The offeror must be prepared to translate materials into commonly requested languages, including Spanish, Karen, Nepali, Swahili, and Somali. All translated content must maintain the original design and tone while ensuring cultural relevance and clarity.

Professional translation services must be used to ensure accuracy.

3.6.11 Stevens Amendment Compliance: As federal sources fund this program, all materials must comply with the Stevens Amendment. This includes clear attribution to the U.S. Department of Health and Human Services or other applicable federal agencies. All public communications, printed materials, and digital content must include proper acknowledgment in accordance with federal regulations.

3.7 Research Services: The selected offeror will be responsible for developing and implementing research-driven, evidence-based strategies to support the WIC Program’s outreach and communications efforts. Research must guide decision-making throughout the campaign lifecycle to ensure that messaging, platforms, and tactics are effective, culturally appropriate, and aligned with audience needs.

3.7.1 Foundational Research: The offeror will begin by reviewing existing data at the national, regional, and state levels. This includes demographic research, public health data, past campaign performance, and insights from relevant agencies or organizations. The purpose of this foundational research is to ensure that the campaign is rooted in a solid understanding of the WIC audience and the barriers they face.

3.7.2 Original Research: The selected offeror may conduct original research to gather more targeted or up-to-date insights. This may include:

• Focus groups

• Stakeholder interviews

• Message testing

• Social listening or digital analytics

All research activities must be approved by the Department in advance and follow ethical data collection practices.

3.7.3 Strategy Refinement: Research findings must be used to shape the creative approach, messaging, media selection, and overall strategy. The offeror is expected to refine campaign tactics based on insights from both existing and newly collected data. This process should be ongoing throughout the contract period to allow for real-time adjustments and optimization.

3.7.4 Reporting and Recommendations The selected offeror will provide written summaries of all research findings and explain how those insights will be applied. Reports must be clear, actionable, and formatted so the Department can easily use them to guide decisions.

Recommendations should be tied to specific goals such as improving awareness, engagement, or conversion.

3.8 Planning and Progress Reporting: The selected offeror will be responsible for developing a comprehensive campaign plan and providing regular progress updates to the Department throughout the contract period. Clear planning and timely reporting are essential to ensure transparency, accountability, and alignment with the WIC Program’s goals.

3.8.1 Initial Project Plan: Within one (1) month of the project being assigned, the selected offeror must submit a complete campaign plan to the Department. The plan should include:

• Campaign objectives and strategic approach

• Target audience profiles

• Key messaging and creative direction

• Media strategy, including channel selection and rationale

• Expected outcomes and success metrics

• A detailed budget broken down by category (e.g., creative development, production, media placement)

• A campaign timeline with key milestones, deliverables, and deadlines This plan will serve as the foundation for execution and performance monitoring.

3.8.2 Monthly Invoicing and Activity Reports: Each month, the selected offeror must submit a report alongside their invoice. This report should summarize:

• Activities completed in the previous month

• Progress toward key milestones

• Status of deliverables

• Media placement updates and performance (if applicable) These updates should be concise but informative, helping the Department track progress and budget utilization.

3.8.3 Periodic Project-Specific Reports: In addition to the monthly reports, the selected offeror may be asked to provide separate written updates on specific campaign components. These reports should focus on projects such as:

• Media placement effectiveness

• Creative development status

• Community outreach or event outcomes

• Engagement metrics or audience feedback

The timing and frequency of these reports will be determined in coordination with the Department and should align with campaign phases or key deliverable points.

3.9 Translation Services: The selected offeror may be called upon to provide professional translation services to ensure that all WIC campaign materials are accessible to South Dakota’s diverse, multi-lingual communities. These services are essential for effective outreach, inclusion, and equitable communication.

The offeror must demonstrate experience translating public health messaging in culturally and linguistically diverse contexts. All translated materials must retain the intent, tone, and clarity of the original messaging while resonating with the target audience. All translations must be:

• Linguistically Accurate: Translations must be completed by fluent, professional speakers to ensure precise, correct language use, including health-specific terminology.

• Culturally Appropriate: Content must reflect cultural sensitivities, values, and norms to ensure respectful and meaningful communication. Direct translations that do not take cultural relevance into account will not be accepted.

• Tailored to South Dakota Communities.

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