RFP for Canada 2026 Final.pdf

New York State Department of

Economic Development

REQUEST FOR PROPOSALS

Tourism Representation Services for

Canada

RFP Number: 26-6179

PROPOSALS DUE:

October 23, 2026, 2026 BY 5:00 P.M. Eastern Standard Time

RFP RELEASED: SEPTEMBER 09, 2026

Empire State Development Albany, New York 12245 www.esd.ny.gov http://www.esd.ny.gov/

Request For Proposal (RFP) Response Form

RFP # 26-6179

Please review this RFP. Complete the following information and mail this form or if submitting a proposal, this form together with your entire proposal, to the address at the bottom of this page. Late proposals cannot be accepted.

/ / Attached is our proposal

/ / We do not intend to submit a proposal for the following reason(s):

Name of Organization:

Address:

• Is this address your company’s principal place of business? Yes_____ No_____

The term “principal place of business” is defined as follows:

A company’s principal place of business is generally considered to be the enterprise’s main office, where the regular meetings of its board of directors occurs, and where a company’s business is managed, conducted and directed, regardless of where the administrative departments or the physical property of the business are located. For purposes of determining the principal place of business, a foreign business enterprise’s principal place of business is not necessarily the same as its state of incorporation. In sum, the determinate is where the actual

“business” of the corporation takes place.

If the above address is not your principal place of business, please indicate the full address of your principal place of business on the following two lines:

• Will this product or service be substantially produced in NYS: Yes_____ No_____

• Subject to the “Conditions Governing Proposals” article stated in this RFP, proposals must be in agreement with all terms and conditions of this RFP.

Phone #: Fax #:

Signature: Date:

Type or Print Name and Title:

Mail this as the first page of your proposal. If not submitting a proposal, please e-mail this form to: tourismrfp@esd.ny.gov mailto:rfpinfo@esd.ny.gov

NEW YORK STATE

DEPARTMENT OF ECONOMIC DEVELOPMENT

REQUEST FOR PROPOSAL 26-6179

Table of Contents

SECTION I - ADMINISTRATIVE INFORMATION

1.0 Purpose

1.1 Inquiries

1.2 Schedule of Pertinent Dates

1.3 Submission of Proposals

1.4 Designated Contacts

SECTION II – PROGRAM BACKGROUND AND SCOPE OF SERVICES

2.0 Background

2.1 Scope of Services

2.2 Budget

2.3 Deliverables

2.4 Mandatory Qualification Requirements

2.5 Selection Criteria/Evaluation

2.6 Interview/ Oral Presentation………………………………………………………………7

2.7 Evaluation Process………………………………………………………………………...7

2.8 Contract Award………………………………………………………………………

SECTION III - PROPOSAL CONTENT AND CONDITIONS

3.0 General Information

3.1 Complete Proposal Instructions

3.2 Conditions Governing Proposals

3.3 Iran Divestment Act

3.4 Freedom of Information Law (FOIL)

3.5 Notification of Award

3.6 Debriefing………………………………………………………………………………..12

3.7 Protest and Appeals………………………………………………………………………13

3.8 Liability

3.9 Procurement Lobbying

3.10 Adherence with Federal Contractual Requirements…………………………………… 14

3.11 Gender Based Violence and the Workplace……………………………………………..14

SECTION IV - CONTRACTUAL INFORMATION

4.0 Contract Term

4.1 Cancellation

4.2 Subcontracting Requirement

4.3 Financial Terms/Payment Process

4.4 Relationship

4.5 Minority and Women Owned Business Enterprises

4.6 Intellectual Property/Personal Property Rights in Data Computer Software and Other

Intellectual Property

4.7 Confidentiality

4.8 Right to Publish

4.9 Compliance with Applicable Law

4.10 Indemnification

4.11 Publicity

APPENDIX A – Standard Clauses for All New York State Contracts

APPENDIX B – Budget

APPENDIX C – Non-Collusive Bidding Certification

APPENDIX D – MacBride Fair Employment Principles

APPENDIX E – Responsibility Questionnaire Information

APPENDIX F – Procurement Lobbying Disclosure Pursuant to Sections 139-J and 139-K of State

Finance Law

APPENDIX G -Bidder’s Identifying Data

APPENDIX H - Contractor Travel Reimbursement Guidelines

APPENDIX I – Examples of Successful Efforts by the Vendor for Specific Deliverables

APPENDIX J - Mandatory Requirements Checklist

SECTION I - ADMINISTRATIVE INFORMATION

1.0 Purpose

The New York State Department of Economic Development (hereafter referred to as “NYSDED” or the

“Department”) has issued this Request for Proposal (RFP) to secure a qualified individual or firm (the

“Contractor”) to represent the Department in the Canada market exclusively for travel and tourism. The successful bidder (also referred to herein as the “Contractor”) will be responsible for various tasks associated with travel trade representation and marketing, consumer marketing, strategic counsel on the Canada travel industry, and operational support for the NYSDED Division of Tourism in industry-related activities and promotions.

It is important and in the interest of the selected contractor (the “Contractor”) that the Contractor maintains independence and remains free to perform services for other parties, provided that such parties are disclosed to

NYSED and are not competitive with NYS’s tourism and business development interests. Therefore, in order for the Department to secure the Contractor’s services, it is critical that an independent contractor relationship be established versus an employer-employee relationship.

1.1 Inquiries

All questions must be submitted in writing via email to tourismrfp@esd.ny.gov with “Tourism Representation

Services for Canada” in the subject line. Please do not contact the Department by telephone. Questions must be received by the Department no later than September 25, 2025 @3:00 PM Eastern Standard Time.

Questions of a substantive nature will be provided to all known recipients of the RFP shortly after the question deadline.

1.2 Schedule of Pertinent Dates

Release of RFP September 9, 2026

Deadline for Receipt of Questions September 25, 2026 by 3:00 PM EST

Submission of Proposals October 23, 2026 by 5:00 PM EST

Late proposals cannot be accepted.

Oral Presentations/Interviews By appointment at the discretion of NYSDED

Award of Contract December, 2026 (estimated)

Projected Contract Start Date February 1, 2027 (estimated) mailto:rfpfaq@esd.ny.gov

1.3 Submission of Proposals

Interested individuals or firms must submit their proposals no later than 5:00 P.M. U.S. Eastern Standard Time, on October 23, 2026. Appendix B - Budget must be attached as a separate document from the rest of your proposal.

Applicants must submit their full proposal to tourismrfp@esd.ny.gov with “Tourism Representation in

Canada– your company name” in the subject line.

* It is the responsibility of each individual or firm to ensure timely submission of its proposal. Proposals received after the scheduled date and time cannot be accepted.

1.4 Designated Contacts

For the purpose of the Procurement Lobbying requirements of this RFP (see section 3.8 and Appendix F), the

Department’s designated contact shall be Jamie Moore and employees designated by the Department as part of the Department’s Contract Management Unit and all staff designated by the Department to have responsibilities and duties in the Department’s Administration and Counsel’s Office.

mailto:rfpinfo@esd.ny.gov

SECTION II – PROGRAM BACKGROUND AND SCOPE OF SERVICES

2.0 Background

New York State Department of Economic Development

The New York State Department of Economic Development (ESD) is the government agency with the primary objective of creating private sector job opportunities for New Yorkers by enhancing the State’s economic growth.

ESD's Division of Tourism (“the Division”) takes the lead role in carrying out the Department’s mission with regard to the tourism industry. The Division achieves this task by promoting New York State as the premier location to vacation and visit. The Division supports this mission by promoting the state’s travel destinations, primarily through its iconic I LOVE NEW YORK brand and tourism marketing activities, including trade and consumer initiatives, traditional and digital media as well as domestic and international marketing.

Tourism in New York State is one of the top three industries as measured by private sector employment and is a significant contributor to the state’s economy. In 2024 tourism generated $94.0billion in direct spending, 145.2 billion in total economic impact, $11.4 billion in state and local taxes and accounted for 741,882 jobs in New

York State.

In 2024, New York State received 315.4 million visitors of which approximately 308.5 million were domestic and 6.9 million were international. New York City remains the number one destination for overseas visitors in the United States, welcoming 9.5 million overseas visitors in 2024. While international visitors represent approximately 2% of total visitor volume to New York State, they account for roughly 20% of total visitor spending — underscoring their outsized economic value.

The tourist industry of New York State has been severely impacted by the COVID pandemic and is now finally re-emerging and looking to capitalize on new trends, opportunities and pent-up demand.

I LOVE NY markets the state and supports the tourism industry in the following ways:

• Marketing o Paid advertising (TV, radio, print, digital, out-of-home) o Public Relations / earned media o Owned media (ILNY website, collateral, mobile app, etc.)

o Social media o Direct marketing (e.g. email newsletter) o Live event activations (i.e. experiential)

• Sales o Marketing to travel trade at trade shows o Supporting international tour operators

• Public Policy o Projects or programs that help make New York State a better place to visit

• Industry Support o Providing and managing Funding to support planning and execution of marketing programs and capital improvements o Education and workforce development programs to assist local and regional tourism industry partners

Objectives

New York State is divided into 11 separate vacation regions: The Adirondacks, Capital/Saratoga, The Catskills, Chautauqua/Allegany, Finger Lakes, Greater Niagara, Central New York, Hudson Valley, Long Island, Thousand

Islands/Seaway and New York City.

Each vacation region offers unique tourism assets. In addition, the state as a whole presents vacation experiences linked to the themes including food and wine, culture and history, the outdoors and winter sports.

The objective of this RFP is to solicit tourism marketing representation of New York State in Canada

While New York City is well known, New York State is less so. The aim is to:

• Identify assets of New York State that are of interest to the visitor from Canada

• Generate awareness of these assets

• Create the desire to visit New York State to experience these assets

• Enable New York State tourism destinations and suppliers to cater to the visitor from Canada

• Facilitate the offering of New York State product in Canada

• Promote visits to New York State

• Entice travelers from Canada to visit not only New York City but other parts of New York State

• Capture a larger share of these visitors to extend their stays and experience other destinations across New

York State

2.1 SCOPE OF SERVICES

DED Division of Tourism seeks a Contractor to represent it in the Canada marketplace for travel and tourism promotion activities for a period of up to five (5) years. The Contractor is to develop a clear and focused marketing strategy, and implement marketing activities with creativity, discipline and accountability. The responsibilities of the Contractor shall include a combination of trade, media, consumer outreach and general representation services (the “Services) in Canada as further described in this Section 2.1 and provide the deliverables as described in Section 2.3 of the RFP.

DED Division of Tourism may extended Scope of Services to additional geographic markets, upon consultation with vendor.

New York State seeks a vendor who can identify and implement highly creative, cost effective initiatives to motivate travel to New York State. For the purpose of this RFP and any contract (the “Contract”) resulting from it, the Services shall mean:

(i) Travel Trade representation of the Division of Tourism and marketing of travel to New York State through industry-related activities and promotions. This should include but not necessarily be limited to the following:

• Trade shows

• Sales missions with NYS destinations and businesses

• Tour operator familiarization tours

• Trade media Public Relations

• Travel trade partnerships and promotions as described below

• Travel trade relationship management

• Printed and online marketing collateral and communications

• Active participation on Visit USA Committees and their marketing programs

• Attendance at pertinent travel industry events to enhance New York State’s visibility

(ii) In-market Management of Partner Marketing Promotions, including:

• Selecting tour operators and others for the most effective marketing partnerships

• Defining clear objectives and KPI’s with each partner

• Providing trade partnership marketing proposals to I LOVE NY

• Ensuring promotions comply with I LOVE NY brand guidelines

• Managing product and program development as part of partnerships

• Ensuring KPI’s and objectives are met throughout the promotion

• Producing an end of campaign report with conclusions and recommendations

(iii) Consumer marketing in Canada and marketplace including:

• Creating and executing paid consumer advertising in outlets such as digital and print based on market data and measurable KPI’s, and in adherence with I LOVE NY messaging and branding guidelines

• Generating consumer-facing earned media / PR through tactics like story pitching and FAM tours

(iv) Strategic counsel on the international travel industry and trends in Canada market, in particular. This should include but not necessarily be limited to the following:

• Preparing annual marketing plan with key initiatives, measurable objectives and detailed timelines and budgets

• Developing and managing performance metrics with clear measurable indicators that demonstrate impact of activities in the international market

• Developing relevant itineraries and travel product

• Prioritizing target tour operators in Canada

• Briefing the Division on trends, their relevance to New York State and recommending actions

• Adopting and adhering to I LOVE NY brand guidelines which are available upon request

• Media monitoring as appropriate

(v) Operational support to ensure New York State is fully represented in the Canada market. This should include but not necessarily be limited to the following:

• Providing account management services and an account manager. Division of Tourism shall have the right to approve this and any future account manager(s)

• Collecting and maintaining research, market intelligence, NYS product inventory and related data that shall remain the property of DED

• Coordinating with New York City Tourism & Conventions representation, where appropriate

• Maintaining a media database of journalists, tour operators and trade partners and make such database available for the Division and its statewide advertising agency and PR firm to use on Division business.

• Handling all in-market inquiries from trade, consumers and media regarding New York State tourism

• Providing the Contractor’s address in Canada as the business address for DED Division of Tourism and issuing mail on behalf of I LOVE NY at the Company’s addresses.

• Providing a dedicated telephone number in Canada and an e-mail address with some indication of New

York representation (for example xx@nylovesu.com or xx@nyCanada.com) for each staff member providing services under this contract.

(vi) Collaboration with DED’s International Foreign Direct Investment and Trade Promotion Offices:

DED maintains representative services to promote foreign direct investment and trade promotion in various regions of the world. At the request of the Department, the Contractors shall collaborate with these offices for mutual benefit as opportunities arise.

mailto:xx@nylovesu.com mailto:xx@nyCanada.com

The Contractor may not contract with or work independently with any New York State company or U.S.

competing destination or business without the prior approval of NYSDED. NYSDED has the right of first refusal for the Contractor’s projects, contracts or other relationships with New York State or US tourism related businesses or organizations.

2.2 Budget

Approximately US $250,000.00 per year is expected to be available for the Contractor to represent the Division of Tourism in Canada and execute the scope of services described in Section 2.1. The contractor’s budget reflects both administrative and marketing activity (which shall mean direct marketing expense) annually.

Marketing activity shall not mean personnel fees, personnel expenses, overhead, rent, and other similar expenses. Proposals exceeding US $250,000.00 per year will be rejected without review.

The New York State Division of Tourism may maintain an additional budget fund of $50,000.00 to be used at its discretion for tourism activations and marketing campaigns, as directed by the Division.

2.3 Deliverables

The Contractor will also be responsible for providing:

• An annual marketing plan, due 60 days prior to the start of each fiscal year (except the first), detailing the activities planned for the coming year, goals, recommendations, expected results and metrics. Annual plans should align with the Division of Tourism’s fiscal year which runs April 1 to March 31. The initial marketing plan shall be provided by the Contractor within 45 days of the contract start date and shall cover the period from the start of the contract through March 31, 2027.

• Monthly activity reports, due within 30 days of the month covered by the report, describing activities and accomplishments, and demonstrating how the following objectives are being met:

• a) Increasing awareness of New York State as a place to visit

b) Facilitating the development of New York travel products, particularly beyond New York City

c) Enabling the travel trade to successfully sell New York State vacations and thereby increasing the number of visitors from Canada to New York State

• Periodic and final reports on marketing partnerships and consumer facing projects including feedback, KPIs, trends and next step recommendations

• Monthly financial reports / invoices, generated within 30 days of the end of each month, for expenses and fees

2.4 Mandatory Qualification Requirements

Your proposal must demonstrate your ability to comply with each of the items identified below. Inability to demonstrate compliance with these qualifications will result in the disqualification of your proposal.

1. Demonstrated knowledge of the Canadian tourism industry and trends.

2. Demonstrate at least 5 years’ experience in working with the Canadian travel trade and press

3. Proven experience in consumer marketing, including digital media and the web

4. Demonstrated accomplishments in destination marketing

5. Staff assigned to this project with relevant experience and qualifications

6. Physical presence in London and access to other major tourism producing centers

7. Three letters of reference that can substantiate that your company has successfully conducted similar projects in the past.

8. Demonstration of economic resources to pay expenses in advance of reimbursement from the State, for the services described in Section 2.1 and 2.3 of this RFP, as well as the staff and administrative expense itemized in your proposal (Appendix B – Budget.)

2.5 Selection Criteria/Evaluation

Proposals that meet all the mandatory qualifications as outlined in Section 2.4 above will be evaluated by

NYSDED based on the following Selection Criteria:

1. Technical evaluation consisting of:

a. Demonstrated Experience (20 points)

Relevant tourism experience in performing services similar to those described in

Sections 2.1 and 2.3 of this RFP for similar destination clients with clear, demonstrated impact

b. Quality of Approach & Performance Metrics (25 points)

Thorough and creative plan proposed to accomplish Scope of Services (section 2.1) with demonstrated ability to execute said proposal in a timely fashion. Your proposal must address each item listed in section 2.1 and 2.3 above and a timeline for execution plan of action (See also Section 3.1.)

c. Organizational capability (15 points)

Commitment, capability and expertise of the specific staff to be assigned to this account

2. Resources evaluation (20 points)

Evaluation of the adequacy, appropriateness, effectiveness and reasonableness of the resources proposed by the firm to accomplish the scope of services and tasks set forth in Section 2.1 – Scope of Services

3. Cost evaluation (20 points)

Evaluation of the cost proposed

(Please review Section 3.1, and complete Appendix B – Financial Proposal in full. Do NOT substitute your own budget format.)

*Appendix B - Budget must be bound separately from the rest of your proposal.

2.6 Interview/Oral Presentation

Interviews/Oral Presentation of finalists may be conducted at the discretion of the Department. The interview/oral presentation will allow finalists to elaborate on information included in their proposals.

Key personnel directly responsible for the project will participate in the interview/oral presentation.

Costs incurred by the finalists for preparation and participation in the interviews/oral presentations including but not limited to travel and staff time shall be the sole responsibility of each finalist.

2.7 Evaluation Process

Initial evaluation of proposals will be done in two parts: Technical Evaluation and Cost Evaluation.

NYSDED’s Evaluation Committee will review the technical portion of each proposal based on the technical criteria listed above. NYSDED’s Evaluation Committee will not be advised of the costs proposed or cost scores (points awarded for cost) prior to the selection of the Finalists. However, the

Evaluation Committee may be advised of information contained in each bidder’s budget (Appendix B) if such information is deemed by the Department to be pertinent in assessing the level of effort to be put forth by the bidders in performing the project. Then cost scores, computed by NYSDED’s Contract

Management Unit based on a weighted average formula, will be added to the technical score resulting in the total score for the written proposal.

NYSDED reserves the right to determine whether oral presentations/interviews will be necessary. If

NYSDED decides to conduct oral presentations/interviews, such oral presentations/interviews will occur as follows:

2.7.1 Following the evaluation of proposals as provided above, the Evaluation Committee will determine the

Finalists to be interviewed as those having the highest combined technical and cost scores. NYSDED anticipates that three (3) proposers will be selected as Finalists.

2.7.2 Each Finalist will be notified of the date and time of their oral presentation/interview to be held via telephone/video conference. The oral presentation/interview should further document the proposer’s ability to provide the required services. Key personnel directly responsible for the project including the Senior Project

Consultant should be present and participate in the oral presentation/interview. The purpose of the oral presentation/interview is to impart to the Evaluation Committee an understanding of how specific services will be furnished and clarify other information included in the proposal. Further information with regard to the format of this stage of the evaluation may be provided to the finalists prior to their oral presentations/interview. 2.8

2.8 Contract Award

Following the oral presentation/interviews, if any, the Evaluation Committee members will re-score each proposer interviewed on the technical criteria listed above. NYSDED anticipates that the Evaluation

Committee will make an award recommendation of one proposer based upon its determination of the best value for NYSDED as the highest total scores (technical and cost).

Upon selection, negotiations will be commenced with the successful proposer to enter into a contract setting forth the general terms that would govern the contract for services contemplated by this RFP. The

Department will not enter into protracted negotiation with the successful proposer over contract terms and conditions or wait an unreasonable amount of time for the return of a signed contract including any amendments thereto. If the successful proposer does not sign and return to the Department the proposed contract including any draft of the proposed contract, within thirty (30) calendar days of receipt by the

Contractor, the Department reserves the right to declare the award of the project to the Contractor null

(null award). The Department will not be responsible for any cost incurred by the Contractor as a result of a null award. An award will then be made to the next highest scoring proposer.

SECTION III - PROPOSAL CONTENT AND CONDITIONS

3.0 General Information

In preparing proposals, individuals and firms should follow the guidelines within this RFP.

3.1 Complete Proposal Instructions

Each participating bidder must submit a complete proposal with each element of the Section 2.3 addressed. In addition, all proposals must include the following information. Bidders supplying incomplete responses may be deemed non-compliant. Please follow the format listed below:

1. Title page, indicating:

Name, address (both mail and email) phone & fax number, contact person, and federal ID number (if any). It must also include a signed statement that the offer shall be firm and not revocable for a period of 60 days unless withdrawn in writing.

2. Table of contents and page numbers

3. Technical Proposal

a. Experience

• Provide background information on your company, including: history, years in business, and experience in the past 5 years, company size, number of employees, types of services provided, locations, parent company, and/or affiliate information, type of company, etc. Also include a discussion on how your company meets the experience, knowledge and accomplishment requirements in Section 2.4 of this RFP.

• Specify the accreditations your company has acquired since its inception, and give details of any company membership of professional or trade organization affiliations

• Three letters of reference that each include a statement describing the project applicant did for the business and how satisfied the business was with applicants work.

• Attach a current client list

b. Proposed Approach and Performance Metrics

The Approach shall address:

• Scope of work. Describe in detail how your company will provide the Scope of Work described in Section 2.1 and 2.3 of this RFP.

• Target markets. Propose the key Canada market segments on which New York State should focus. Identify the greatest opportunity for New York State to grow tourism to areas outside New

York City.

• Marketing plan. Outline the key elements of a trade and consumer directed marketing plan to promote New York State as a premier leisure tourism destination to market segments in Canada.

• Prioritization. Given the breadth of activities included in the scope of work and a fixed budget, priority must be placed on activities that will result in the highest return on investment of time and money. Provide an experienced-based perspective on which activities, across trade and consumer marketing, should result in the highest return on investment

Performance metrics discussion shall address:

• Performance measures to be used. Performance measures related to each element of the proposed program are essential and required. Please include suggested metrics, tracking methodology and an annual process for regular, ongoing reporting that demonstrates clear Return on Investment (ROI) for New York State’s investment. Such metrics could include, but are not limited to attributable earned media value from PR efforts, website visitation and visitor quality measures, product portfolio tracking of New York State itineraries added/retained/removed by targeted tour operators and a pipeline mechanism for tracking sales mission/trade show meetings, leads, familiarization tours, and conversion to itineraries offered by tour operators, and sales.

c. Organizational Capability

• Demonstrate the company’s organizational capability to provide the Scope of Work described in Section 2.1

• Specify who would be the primary contacts and dedicated staff on the New York State account. Include resumes identifying their experience working with the travel trade, media and consumer marketing as it relates to promoting a destination in addition to knowledge of/experience with New York State

• Identify how much time would each staff person devote to this account.

d. Other

Please complete and include Appendices C, D, E and, F (Non-Collusive Bidding Certification, MacBride Fair Employment Principles, Responsibility Questionnaire information, and Procurement

Lobbying Disclosures Pursuant to Sections 139-j and 139-k of State Finance Law respectively). In addition, include the Bidders Identifying Data form and the Checklist.

The Successful Applicant may also be required to complete the following, but their inclusion is not required at the time of proposal submission:

• Proof of workers compensation and disability insurance or signed Exemption Certificate.

• New York State tax forms ST-220-CA and ST-220-TD. The ST-220-CA may be found at: ST-

220-CA doc.. The ST-220-TD may be found at: ST-220-TD doc.

• A State Consultant Services Contractor’s Planned Employment From Contract Start Date

Through the End of the Contract Term (Form A) available at: Form A doc. The State

Consultant Services Contractor’s Annual Employment Report (Form B), to be submitted annually, available at: Form B doc. More information on the consultant services reporting can be found at: OSC-GFO

4. Financial and Resource Proposal

The Financial and Resource Proposal must be bound separate from the Technical Proposal.

Appendix B of this RFP must be completed and submitted as part of your proposal. DO NOT USE AN

ALTERNATIVE BUDGET FORMAT. Each bidder must complete Appendix B. The annual budget limit is

US $250,000. Annual cost shall include all employment-related expenses including payroll taxes, health insurance, employer liability insurance, etc. The bidder shall include in his proposal the expenses associated with attending (admission fees, travel, etc.) the Trade Shows as noted in Section 2.1 but not the costs of exhibiting (booth fees) at such events. Should the Department wish to exhibit at the events, it intends to contract for those services directly with the organizers. If any of the personnel duties will be filled with subcontractors, please include their costs under the Subcontractor line. Subcontractor services are performed by other organizations or individuals who are not employees of the Contractor. All figures shall be included in

U.S. dollars. Note: NYS will not pay for Contractor relocation expenses.

In addition, NYS will not pay for elective credit card charges, including, but not limited to, late fees, interest or a credit card’s annual fee. However, NYS will cover unavoidable bank and credit card fees associated with international transactions/banking, including, but not limited to, wire fees or currency exchange fees. Coverage of such fees shall be at the sole discretion of the Department.

Do not include such costs in your financial proposal. Also, do not exceed the annual budget total limit noted http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf http://www.osc.state.ny.us/agencies/forms/ac3271s.doc http://www.osc.state.ny.us/agencies/forms/ac3272s.doc http://www.osc.state.ny.us/agencies/guide/MyWebHelp/Content/XI/18/C.htm above for any of the contract years in your financial proposal. In addition, discuss resource allocation and recommendations on how resources should be allocated to trade and consumer marketing activities. Discuss your approach to optimizing the budget to ensure New York State achieves maximum impact

3.2 Conditions Governing Proposals

Only those individuals or firms who have supplied complete information will be considered. Any patented or proprietary information included in the proposal must be clearly identified in the proposal and in a cover letter submitted with the proposal (see Section 3.4).

The Department reserves the following prerogatives:

• to accept or reject any or all proposals;

• to waive or modify minor irregularities in proposals received;

• to eliminate mandatory qualifications unmet by all offerers;

• to disqualify proposed offers that fail to meet the mandatory qualifications;

• to require clarification from any bidder for the purposes of assuring a full understanding of responsiveness to the requirements of the RFP;

• to negotiate with any or all proposers, within the proposal requirements, to best serve the interests of the State of New York;

• to amend the specifications after their release, with due notice given to all those solicited to modify their proposals to reflect the changed specifications;

• to utilize any or all ideas submitted in the proposals received unless those ideas are covered by legal patent or proprietary rights;

• to award contract(s) for any or all parts of a proposal; and

• to elect to award contract(s) to one or more responsive and responsible offerers, provided that the basis for the election among multiple contracts at the time of award shall be the most practical and economical alternative and shall be in the best interest of the State.

By submitting a proposal, an individual or firm agrees that it will not make any claim for or have any right to damages because of any lack of information or misinterpretation of the information provided in this RFP.

3.3 Iran Divestment Act

As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the Act, the

Commissioner of the Office of General Services (OGS) will be developing a list (prohibited entities list) of

“persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). Pursuant to SFL

§ 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will be posted on the OGS website.

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Bidder/Contractor (or any assignee) certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list.

Additionally, Bidder/Contractor is advised that once the list is posted on the OGS website, any Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to the solicitation, must certify at the time the Contract is renewed, extended or assigned that it is not included on the prohibited entities list.

During the term of the Contract, should NYSDED receive information that a person is in violation of the above-referenced certification, NYSDED will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then NYSDED shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default.

NYSDED reserves the right to reject any bid or request for assignment for an entity that appears on the prohibited entities list prior to the award of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities list after contract award.

3.4 Freedom of Information Law (FOIL)

The Department is subject to the Freedom of Information Law, which governs the process for the public disclosure of certain records maintained by the Department. (See Public Officers Law, Sections 87 and 89).

Individuals or firms which submit proposals to the Department may request that the Department except all or part of such proposal from public disclosure, pursuant to Section 87(2)(d) of the Public Officers Law, on the ground that the proposal contains trade secrets, proprietary information, or that the information, if disclosed, would cause substantial injury to the competitive position of the firm submitting the information. Such exception may extend to information contained in the request itself, if public disclosure would defeat the purpose for which the exception is sought. The request for such an exception must be in writing and state the reasons for the requested exception. It must also specify the proposal or portions thereof, for which the exception is requested.

If the Department grants the firm's request for exception from disclosure, the Department shall keep such proposal in secure facilities and shall notify the firm of any request the Department receives for disclosure of the proposal.

3.5 Notification of Award

The Department will notify the successful proposer by written confirmation.

A contract defining all terms and conditions of the parties will be drafted by the Department. The contract may incorporate SECTION II - PROGRAM BACKGROUND AND SCOPE OF SERVICES of this RFP, the

State's standard contracting provisions (attached hereto as APPENDIX A) and as much of the successful firm's final proposal as may be appropriate among its provisions. After the Department and the successful firm execute the contract, it must be submitted for approval to the Attorney General’s Office and the Office of the State

Comptroller.

3.6 Debriefing

A debriefing shall be requested by the unsuccessful applicant within 15 calendar days of receipt of notification by the NYSDED that the applicant’s proposal is unsuccessful. Such notification shall be provided by NYSDED to all unsuccessful applicants for this procurement.

NYSDED, upon request made within 15 calendar days of such notice, shall schedule the debriefing to occur within a reasonable time of such request. Debriefings shall be conducted at the NYSDED’s Albany or New York

City office, or via telephone, video conference or other types of electronic communication. NYSDED personnel participating in the debriefing discussion shall have been involved with and knowledgeable about the procurement and the evaluation and selection of the successful applicant. Such debriefing shall include, but not to limited to:

(A) the reasons the proposal submitted by the applicant was not selected for award; (B) the qualitative and quantitative analysis employed by NYSDED in assessing the relative merits of the proposal; (C) the application of the selection criteria to the unsuccessful applicant’s proposal.; and (D) when the debriefing is held after the award has been fully finalized and approved, the reason for the selection of the winning proposal. The debriefing shall also provide, to the extent practicable, general advice and guidance to the unsuccessful applicant concerning potential ways that their future proposals could be more responsive.

To request a debriefing please contact the Department via e-mail at tourismrfp@esd.ny.gov within fifteen (15) calendar days of receipt of the notice that your proposal was not selected for an award.

3.7 Protests and Appeals

1. Protests

Any interested party may file a protest, in writing, with the NYS Dept. of Economic Development NYSDED.

within ten (10) business days from the date of the notice of the contract award, except:

• where a protest concerns the terms and conditions of the solicitation (or other matters that would be apparent to an interested party prior to the date set in the solicitation for the receipt of bids), in which case that protest must be filed on or before the date set in the solicitation for the receipt of bids or proposals; or

• where NYSDED determines that sufficient circumstances exist and has set forth a different time period for filing protests.

a) Once received by NYSDED the protest shall be refer either to an individual employee or group of employees of NYSDED. No such employee will have been actively involved in the procurement process being protested. NYSDED will provide a copy of any protest filed to the successful bidder.

b) DED may summarily deny a protest that fails to contain specific factual or legal allegations, or where the protest raises only issues of law that have already been decided.

c) DED shall issue a determination within fifteen (15) business days of the filing of the protest. The answer to the protest should address all the factual and legal allegations contained in the protest. A copy of the answer shall be simultaneously delivered to the protester and the successful bidder.

d) During the time period in which a protest may be filed, or during the resolution of a pending protest, NYSDED may negotiate terms and conditions of the contract or grant award with the successful bidder.

However, a contract or grant award will not be approved by the NYSDED prior to the expiration of the time period for filing a protest, or, if a protest has been filed, before the NYSDED issues a determination of the protest.

e) The person or persons designated by NYSDED to consider the protest shall prepare a written recommendation addressing all of the issues that have been raised by the protest.

f) DED may accept, modify or reject such recommendation.

g) In making his or her determination with regard to the protest, the NYSDED designee may, in his or her sole discretion, consider any additional information from any source relating to the allegations set forth in the protest.

h) All parties that have participated in the protest, as well as the original successful bidder, shall be provided with a copy of the final determination of NYSDED. The determination shall be made part of the procurement or grant award record.

2. Appeals

All parties receiving a copy of the ESD final determination will also receive a copy of the current “Contract

Award Protest Procedure For Contract Awards Subject To The Comptroller’s Approval.” This document explains the time periods and procedure for filing a protest with the Office of the State Comptroller.

An interested party has ten (10) business days from the date it receives NYSDED’s determination to file an appeal with the Bureau of Contracts in the Office of the State Comptroller.

https://www.osc.state.ny.us/agencies/guide/MyWebHelp/Content/files/XI_17_att1.pdf mailto:tourismrfp@esd.ny.gov

3.8 Liability

The Department is not liable for any costs incurred by any individual or firm for work performed to prepare its proposal or for any travel or other expenses incurred in the preparation and/or submission of its proposal.

Further, the Department is not liable for any costs incurred until the contract has been approved by the State

Attorney General and the State Comptroller's Office.

3.9 Procurement Lobbying

Pursuant to State Finance Law §§139-j and 139-k, this Request for Proposal includes and imposes certain restrictions on communications between the Department and an Offerer/bidder during the procurement process.

An Offerer/bidder is restricted from making contacts from the earliest notice of intent to solicit offers through final award and approval of the Procurement Contract by the Department and Office of the State Comptroller

(“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). Designated staff, as of the date hereof, is identified in

Section 1.4 of this solicitation. To avoid conflicts and other issues concerning statutory exceptions, the

Department requires that Offerers contact only Department staff identified in the aforementioned section of this solicitation. Department employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offerer/bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a 4 year period, the Offerer/bidder is debarred from obtaining governmental Procurement

Contracts. Further information about these requirements can be found at Procurement Lobbying Law | Office of

General Services. State Finance Law Sections 139-j and 139-k may be viewed at http://www.ogs.state.ny.us/aboutogs/regulations/advisoryCouncil/sfl139-j.htm and at http://www.ogs.state.ny.us/aboutogs/regulations/advisoryCouncil/sfl139-k.htm

3.10 Adherence with Federal Contractual Requirements

When entering into contract with the Department for this engagement, winning bidder is advised that their contract must adhere to the principles of 2 CFR Part 200.

3.11 Gender Based Violence and the Workplace

Bidder must certify that the organization has in place and has implemented a Gender-Based Violence and the

Workplace Policy (please see the OPDV Gender-Based Violence and the Workplace website for more information regarding these policies) and has provided such policy to all of its employees, directors and board members. Such policy shall, at a minimum, meet the requirements of subdivision 11 of section five hundred seventy-five of the executive law. If the bidder 'cannot make this certification, they must include a signed statement setting forth in detail the reasons therefor.

https://ogs.ny.gov/acpl/procurement-lobbying-law https://ogs.ny.gov/acpl/procurement-lobbying-law http://www.ogs.state.ny.us/aboutogs/regulations/advisoryCouncil/sfl139-j.htm http://www.ogs.state.ny.us/aboutogs/regulations/advisoryCouncil/sfl139-k.htm

SECTION IV - CONTRACTUAL INFORMATION

4.0 Contract Term

The successful contractor shall perform the work and provide the services set forth in this RFP as an independent contractor for a period of up to five (5) years.

The Department reserves the right to cancel any contract resulting from this RFP as described in Section 4.1

– Cancellation below. Both parties agree that any contract resulting from this RFP shall end on the termination date unless terminated as described in Section 4.1 – Cancellation below.

4.1 Cancellation

Once a contract or other agreement resulting from this RFP is fully executed and approved, the Department has the right to cancel it early, in whole or in part, for cause or unavailability of State funds at any time or for convenience on thirty (30) calendar days written notice to the Contractor. If cancelled for cause, payment to the

Contractor for charges incurred will be made at the Department’s sole discretion. If cancelled for convenience, the Department agrees to pay the Contractor for charges incurred in the performance of the Contract up to the time of cancellation. If cancelled for unavailability of State funds, the Department will not be liable for payment but will use its best efforts to pay outstanding charges previously approved by the Department to the extent permitted by New York State Law.

Additionally, the Department also reserves the right to terminate this contract in the event it is found that the certification filed by the Contractor in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, the Department may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of the contract.

4.2 Subcontracting Requirement

The Bidder may subcontract elements of the program for which it lacks location or in-house capabilities. The firm’s proposal must identify the subcontracting firm or firms and cite the proposal. The Department is an equal opportunity contractor and reserves the right to review and approve all subcontracting firms.

After the contract resulting from this RFP, if any, is awarded, any subcontractors or purchases in excess of

$50,000 that was not originally identified in the Contractor’s proposal must adhere to the following:

• For subcontracts or purchases that are competitively bid the Contractor must request proposals from a minimum of three qualified firms, and the lowest responsible or best value proposer, as appropriate, shall be accepted unless otherwise approved in writing by the Department.

• Subcontracts or purchases that are sole or single source must include a detailed justification and require the written approval of the Department prior to entering into the agreement.

The contractor may not, without written consent of the Department, assign to any party the Contract or any interest herein, or claim hereunder.

4.3 Financial Terms/Payment Process

a) Payment for Contractor’s Services. All amounts referred to in this RFP and the Contract shall be in

United States Dollars. The Department shall pay to the Contractor a fee for the Services as established in the

Contractor’s Financial Proposal. Payment shall be made on a reimbursement basis for actual services rendered during the invoice period. The Department will not pay a recurring flat rate fee. No other amounts for compensation, expenses, taxes, fees or other costs shall be owed by the Department to the Contractor for Services during the term of the Contract. Payment for services performed to the satisfaction of the Department shall be made in the ordinary course of State business upon receipt of duly authenticated invoices/vouchers, list of tasks performed during the billing period in a format acceptable to the Department and upon receipt of reports and/or deliverables, if required elsewhere in this RFP. The contractor shall invoice the Department quarterly on the first day of each quarter. Unless otherwise agreed by the parties, all payments relating to fees described in the

Contract shall be made by the…