SUBSTANCE USE PREVENTION, HARM REDUCTION AND SERVICE PROMOTION MARKETING

Page 1 of 68 Department of Buildings and General Services Agency of Administration Office of Purchasing & Contracting 133 State Street, 5th Floor [phone] 802-828-2211 Montpelier VT 05633-8000 [fax] 802-828-2222 http://bgs.vermont.gov/purchasing SEALED BID INFORMATION TECHNOLOGY REQUEST FOR PROPOSAL FOR SUBSTANCE USE PREVENTION, HARM REDUCTION AND SERVICE PROMOTION MARKETING Expected RFP Schedule Summary: ISSUE DATE August 9, 2022 QUESTIONS DUE August 19, 2022 4:30PM RFP RESPONSES DUE BY September 16, 2022, 4:30 p.m. Eastern Standard Time ANTICIPATED PROJECT START April 1, 2023 PLEASE BE ADVISED THAT ALL NOTIFICATIONS, RELEASES, AND ADDENDUMS ASSOCIATED WITH THIS RFP WILL BE POSTED AT: http://www.bgs.state.vt.us/pca/bids/bids.php THE STATE WILL MAKE NO ATTEMPT TO CONTACT INTERESTED PARTIES WITH UPDATED INFORMATION.

IT IS THE RESPONSIBILITY OF EACH BIDDER TO PERIODICALLY CHECK THE ABOVE WEBPAGE FOR ANY AND ALL NOTIFICATIONS, RELEASES AND ADDENDUMS ASSOCIATED WITH THIS RFP. PURCHASING AGENT: Stephen Fazekas TELEPHONE: (802) 279-7075 E-MAIL: stephen.fazekas@vermont.gov FAX: (802) 828-2222 http://bgs.vermont.gov/purchasing http://www.bgs.state.vt.us/pca/bids/bids.php mailto:stephen.fazekas@vermont.gov Page 2 of 68 1 RFP OVERVIEW 1.1 Overview The Office of Purchasing & Contracting on behalf of the Vermont Department of Health, Agency of Human Services (the State) is soliciting competitive sealed, fixed price proposals (Proposals) to provide behavior change marketing, communications and public health education services (sometimes called counter-marketing or health promotions) to reduce substance misuse in Vermont (the Work) from qualified offerors. If a suitable offer is made in response to this Request for Proposal (RFP), the State may enter into a contract (the Contract) to have the selected offer (the Contractor) perform all or part of the Work. This RFP provides details on what is required to submit a Proposal in response to this RFP, how Proposals will be evaluated, and what will be required of the Contractor in performing the Work. This is a Request for Competitive Sealed Proposals (RFP) to select the vendor who can perform the Scope of Work described in Section 2 of this RFP. 1.2 RFP Objective The desired outcome of this RFP is to establish an agreement with a vendor to provide behavior change marketing, communications and public health education services (sometimes called counter-marketing or health promotions) campaigns to reduce substance misuse prevalence in Vermont and to address other social marketing priority areas as directed. More information and performance measures are available at https://www.healthvermont.gov/scorecard-alcohol-drugs. 1.3 Department Background and Philosophy The Vermont Department of Health Division of Substance Use Programs (DSU) employs a comprehensive approach to improve health outcomes and reduce alcohol and other drug related problems. This includes prevention, early intervention, treatment, and recovery services. DSU works with a statewide network of partners and providers including schools, community coalitions, health care systems, and treatment and recovery centers. The communications strategy is intended to support and augment other evidence- based interventions underway to achieve our objectives. It is important to note that a priority for the State is increasing health equity, including reducing substance use among Vermonters of low socio-economic status, those with co-occurring mental health and substance use disorders, Vermonters who identify as LGBTQ+ and Vermonters who are pregnant . Vermonts prevalence rates are in the highest quintile in the nation for alcohol, marijuana, and cocaine use as well as alcohol and illicit drug use dependence among all ages. Over the past 10 years, past 30-day alcohol use has remained relatively steady while past 30-day cannabis use had statistically significant increases in use in half the years. Past month binge drinking is also in the highest quintile for people age 12-25 and past year heroin use is in the highest quintile for all ages except 26+. Binge drinking among Vermonters age 18-24 is nearly twice the rate for people 26+. More positively, Vermont has made significant progress in addressing pain reliever misuse. Although rates are significantly higher compared to the nation, on a state level current use of alcohol among youth in grades 9-12 decreased between 2017 and 2019. Youth cannabis use has continued to rise significantly between 2015 and 2019. There has been an eight-fold increase in youth use of vaping as the primary method for marijuana use (YRBS, 2017, 2019). Consistently, perception of harm associated with alcohol and marijuana use have decreased. This occurs in an environment of changing cannabis https://www.healthvermont.gov/scorecard-alcohol-drugs Page 3 of 68 policy, as Vermonts cannabis retail system is planned to commence in 2022. There are significant differences in grade 9-12 current use of alcohol and marijuana for different demographic groups. Vermont females are more likely to use alcohol than males, white non-Hispanic students are more likely to use alcohol than racial and ethnic minorities. Students who identify as LGBTQ+ are significantly more likely to use both alcohol and marijuana than heterosexual students. The impact of the COVID-19 pandemic is not yet fully assessed. Not surprisingly available data indicates that the pandemic has precipitated an increase in the emotional distress. For example, the Vermont Young Adult Survey (2020) which collected responses from 2,340 Vermont young adults ages 18-25, indicated an increase in feelings of anxiety, depression, worry and little pleasure in doing things. Vermont has seen a 33% increase in accidental and undetermined opioid-related fatalities from 158 deaths in 2020 to 210 in 2021. Fentanyl was involved in 93% of 2021 fatalities. Cocaine was present in 48%. Most opioid-related deaths involve multiple substances. In 2021, 83% of opioid-related fatal overdoses involved 2 or more substances, with 12% involving 4 or more substances. Additional background and data are available through NSDUH, YRBS, Vermont Young Adult Survey Key Findings, and the Vermont Opioid Fatality Data Brief. 1.4 Current Business Environment The State currently uses a third-party contractor to design, develop and produce original Vermont- specific substance misuse prevention and behavior change marketing campaigns to advance its goals. The selected vendor will also work with the State or its community grantees as appropriate to coordinate local or regional efforts. The vendor should have the ability to purchase media buys (traditional and non-traditional), subcontract with the states master contractor or propose a subcontractor in accordance with section 5.1.2 Subcontractor Reporting. 2 SCOPE OF WORK The State of Vermont is interested in obtaining bids to meet the following business need(s): Background The Contractor agrees to provide substance misuse prevention and behavior change marketing, communication, media, public education and support to the Division of Substance Use Programs (DSU) at the Vermont Department of Health. The goal of this project is to bring together the disciplines of public health, the science of behavior change, and marketing best practices. The Contractor will utilize the most appropriate strategies from each discipline to reduce substance misuse behaviors. This will be achieved by tailoring approaches based on research and best practices to engage Vermonters in a process of shifting away from behaviors related to substance misuse. The Contractors approach will be guided by the principles of the Division of Substance Use Programs programs: Substance use disorder is a brain disease and requires a public health approach, not one that is https://www.healthvermont.gov/sites/default/files/documents/pdf/NSDUH_VT_Detail_2018_2019.pdf https://www.healthvermont.gov/health-statistics-vital-records/population-health-surveys-data/youth-risk-behavior-survey-yrbs https://www.healthvermont.gov/sites/default/files/documents/pdf/ADAPYASSummary2020.pdf https://www.healthvermont.gov/sites/default/files/documents/pdf/ADAPYASSummary2020.pdf https://www.healthvermont.gov/sites/default/files/documents/pdf/ADAPOpioidFatalityDataBrief2020_Final.pdf https://cmo.vermont.gov/contracting-marketing-creative-services/marketing-master-contracts/media-buying https://www.healthvermont.gov/sites/default/files/documents/pdf/ADAP_Strategic_Plan.pdf Page 4 of 68 driven by stigma and shame. Prevention and wellness are for the whole population, not only for people with an illness. A response to alcohol and other drug issues requires an effective long-term response involving the whole community. The system of care must be guided by person and family centered approaches. Policies and approaches must be data driven and informed by available evidence. Treatment must address the whole person, not just the addiction. Desired Outcomes In an effort to reduce the burden of substance misuse, the Contractor will build upon existing research with populations at risk, build upon existing marketing research, strategies and tactics, develop and implement new strategies and tactics to support behavior change to support the core goals and priorities of the Division of Substance Use Programs. The Contractor will be responsible for executing effective strategies and social marketing campaigns to support substance misuse prevention in Vermont. Contractors will be asked to focus on: 1. Underage and high-risk cannabis use prevention 2. Underage and high-risk alcohol use prevention 3. Opioid misuse and overdose prevention 4. Risks of mixing substances, including alcohol, prescription stimulants and opioids 5. Stigma associated with substance use disorder 6. Coordinated promotion of VT Helplink services In order to achieve maximum results within the constraints of the budget, it may be necessary to select and use pre-existing media materials (including ones previously developed by the Health Department, or available through federal or other campaigns), as well as to be able to create new media and promotional materials. The size of the individual campaigns is dependent upon the allocated budget and funding availability. Existing campaigns developed by the Health Department that address the identified areas of focus include: ParentUp Lets Talk Cannabis OutLast Check Yourself Do Your Part Healthy at Home RxAware Over the Dose KnowOD End Addiction Stigma VT Helplink One More Conversation Additional areas of interest include adult alcohol use, youth vaping of THC/cannabis, and community engagement for the teen OutLast campaign. https://www.healthvermont.gov/scorecard-alcohol-drugs https://www.healthvermont.gov/sites/default/files/documents/pdf/ADAP%20Annual%20Overview%202019.pdf https://vthelplink.org/ http://parentupvt.org/ http://parentupvt.org/ https://www.healthvermont.gov/alcohol-drugs/lets-talk-cannabis https://www.healthvermont.gov/alcohol-drugs/lets-talk-cannabis https://outlastvt.com/ https://outlastvt.com/ https://checkyourselfvt.com/ https://checkyourselfvt.com/ https://www.healthvermont.gov/alcohol-drugs/services/prescription-drug-disposal https://www.healthvermont.gov/alcohol-drugs/services/prescription-drug-disposal https://www.healthvermont.gov/environment/home https://www.healthvermont.gov/environment/home https://www.healthvermont.gov/RxAware https://www.healthvermont.gov/RxAware https://overthedosevt.com/ https://overthedosevt.com/ https://www.healthvermont.gov/response/alcohol-drugs/opioid-overdose-prevention https://www.healthvermont.gov/response/alcohol-drugs/opioid-overdose-prevention https://www.healthvermont.gov/alcohol-drugs/end-addiction-stigma https://www.healthvermont.gov/alcohol-drugs/end-addiction-stigma https://vthelplink.org/ https://vthelplink.org/ https://www.healthvermont.gov/family/pregnancy/substance-use-pregnancy https://www.healthvermont.gov/family/pregnancy/substance-use-pregnancy Page 5 of 68 Adult Alcohol Use: BRFSS data indicate that one in twelve Vermont adults report drinking heavily in the last month (8%), significantly higher than 6% of U.S. adults. The State is interested in exploring opportunities to increase messaging regarding adult alcohol use in Vermont. Strategies may include utilizing an existing DSU campaign to address this topic. Youth vaping of THC/cannabis: VT YRBS data indicate that vaping as a primary method of marijuana use among high school students increased eight-fold from 2017 (2%) to 2019 (17%). The State is interested in exploring opportunities to increase messaging regarding teen vaping of THC/cannabis in Vermont. Strategies may include utilizing an existing DSU campaign to address this topic, ensuring messaging aligns with vape-related campaigns produced by the Departments Tobacco Control Program. OutLast Community Engagement: The State is interested in pursuing community-based opportunities to promote the OutLast campaign among the intended audience, supported and coordinated by the Contractor. Opportunities may include but are not limited to working with community partners, influencers or brand ambassadors, and coordination of marketing efforts for local snowboarding or skateboarding events. Required Services, Tasks & Activities This scope of work includes procurement of the following: Task 1: Plans and Budgets Annual Communication Plan One of the goals of this contract is to identify opportunities for strategic alignment between programs and the Division and amplify program efforts and messaging whenever possible. Within the first 30 days of each contract year, the Contractor will meet with the State to develop a high-level plan for the implementation of all work projects and campaigns for the year. Both parties will finalize the Annual Communication Plan and identify individual projects/campaigns to be completed during the year, including each projects associated budget and timeline. Annual Campaign Work Plans Within the first 30 days of each contract year, the Contractor will develop campaign-specific annual work plans and budgets reflecting communication, media, and public education strategies to address the areas of focus with identified audience segments to support the reduction of substance misuse behaviors in Vermont. The Contractor will rely on behavior change theories and health communications best practices to ensure that marketing strategies aim to move the intended audience through the continuum of behavior change over time. Working with State staff, the Contractor will create and submit annual work plans for each campaign in a format approved by the State. Work plans will highlight annual objectives, how they will be achieved for each specific work area, and an accompanying annual budget and timeline. Work plans will specify all activities and efforts that will be performed to develop, implement and assess the campaigns and projects planned for each contract year. Annual work plans will also describe the conceptual foundation and any anticipated additional research that may be required. https://www.healthvermont.gov/sites/default/files/documents/pdf/HSVR_2018_BRFSSReport.pdf https://www.healthvermont.gov/sites/default/files/documents/pdf/CHS_YRBS_statewide_report.pdf Page 6 of 68 Contractor will implement the annual work plan, working collaboratively with the State. Each annual work plan will serve as the overview for all work anticipated for the campaign during the contract year. Based on funding, environmental factors or other circumstances, the State may direct the Contractor to include new tasks, projects or campaigns, or to adjust/remove existing components from the work plan, and to submit a revised document. Task 2: Research & Development Research Audience research is an essential ongoing process for every behavior change intervention to understand the barriers and motivations for changing behavior, and to inform specific campaign activities. Multiple campaigns will use research in a variety of ways over the contract period. The details and objectives of each research project will be defined in the annual work plans. Depending upon need, the Contractor will utilize existing formative research, and/or perform new research as necessary. The Contractor is also expected to monitor national surveys and major research findings that inform substance misuse prevention strategies and activities. The Contractor will determine whether primary research (e.g., focus groups, in-depth interviews, online surveys, message testing) is needed to fill important gaps in knowledge and, with agreement from the State, will develop and implement a research plan. When applicable, the Contractor will work with the Agency of Human Services and the Health Department to submit an Internal Review Board (IRB) application and adhere to IRB guidelines for research. Primary research must include members of the identified audience and/or representatives who serve the identified audience. Strategies, messages, and creative materials will be informed by research and testing. Content Development The Contractor will develop and refine campaign concepts with defined goals for what the audience will experience, where they will experience it, and how they will interact with it. All creative materials developed under this contract are property of the State of Vermont. Content development will be an iterative process. The Contractor will present preliminary, subsequent, and final rounds of creative materials to the Substance Use Information Director for feedback and approval. Content developed must consider the socio-economic status, health literacy, age, language, and culturally specifics of the intended audience(s) and be culturally relevant. When website creation or maintenance is included in the scope of work, the Contractor will ensure appropriate website and data security protocols are followed and maintained, including security certificates, firewall protections, ongoing updates and regular site back-ups. The Contractor will work with Vermonts Agency of Digital Services (ADS) to ensure adherence to the States hosting and security requirements. Additional information is available through ADS Cybersecurity Standards and Directives. Task 3: Implementation & Site Maintenance Media Implementation Plan Behavior change marketing requires that culturally relevant, memorable, and believable messages are seen and engaged with repeatedly to increase internalization of messaging. The Contractor will https://digitalservices.vermont.gov/cybersecurity/cybersecurity-standards-and-directives Page 7 of 68 develop a media implementation plan for each campaign that aligns with the objectives, strategies, timelines and budgets identified in the annual work plan, and across DSU marketing initiatives. Using insights from research findings, media channels (e.g., radio, television, social media) and strategies are determined based on the intended audience and budget. Campaign messaging is promoted on platforms popular with the audience, and media monitoring tools help to manage and maximize paid digital media efforts. The media implementation plan will include identifying and collecting Key Performance Indicators (KPIs), and other agreed upon measures of success, as well as ongoing performance monitoring and optimization. These KPIs may include, but are not limited to: Audience Reach and Frequency Number of Unique Page Visits Click Through Rate Time on site Bounce rates Video Views Number of User Sessions on site (new vs. returning) Social Media page engagement (likes and shares) Conversion Rates When identifying appropriate media tactics, the Contractor will also assess and adapt any existing program-specific brand(s), strategies, collateral, and other communications that will translate across other programs in the Division. Media Placement and Monitoring Methods used for public education and behavior change marketing may include but are not limited to: Traditional media (television, radio and print) Social media and other digital channels Health Department community partners Public events Media consumption and KPIs will be monitored by the Contractor on numerous levels and may include but are not limited to: Subject/project/campaign Demographic and population segmentation Geography Media channel Social media engagement Gross Rating Points (GRP) Online metrics For paid media, the Contractor will give special attention to each project to ensure media rates are cost conscious, added value is maximized, and earned media opportunities are explored. The Contractor will work with media partners to confirm that the State is receiving the best unit rates, and the highest quality media placements for its projects. Page 8 of 68 The Contractor will adhere to a quality control process that ensures campaign messages and media placements meet State expectations. Media placements will reflect the approved media implementation plan and will include various communication channels and tactics. Social Media Monitoring and Responding Contractor will monitor comments on social media channels and respond in alignment with social media protocol provided by VDH. Prior to campaign launch, the Contractor will develop a social media response bank to identify themes of potential comments and example responses to comments. The Contractor will notify VDH with concerns about posts or a potential response needed that falls outside of the approved social media response bank. Media Calendar Contractor will develop and maintain a high-level media calendar reflecting known or planned implementation timelines for each campaign. Contractor will include all campaign initiatives across DSU in the Media Calendar to ensure media strategies are aligned and coordinated. Site Maintenance: Functional and Non-Functional Requirements Contractor will be able to provide the functional and non-functional requirements that are provided in the attached State of Vermont Bidder Response Form (Exhibit C) Task 4: Evaluation Campaign Performance The Contractor will calculate Key Performance Indicators during campaign cycle and provide a campaign performance report at the end of each campaign cycle once analysis has been completed. At a minimum, the Contractor will calculate reach (the number of unique users who saw the ad), impressions (average number of times the ads were delivered to users), engagement, and the conversion Rate (how many people took the desired action), and how these metrics relate to the industry standard benchmarks. The Contractor will also provide a summary of key insights from the campaign cycle performance in the report. Online ad campaigns will be tagged with tracking codes to support analysis, and use pixeling on State/partner websites to allow for modelling of ad delivery. Online analytics will be reviewed weekly, at a minimum, so the Contractor can optimize and adjust campaigns expeditiously. The State, in collaboration with the Contractor, will determine the reporting mechanism and frequency for sharing Key Performance Indicators during the campaign cycle. The State may request metrics and KPIs from the Contractor at any time to assess the impact of selected media campaigns and projects. Task 5: Contract Oversight Single Point-of-Contact Once executed, the Contractor will dedicate a single point-of-contact to oversee the work performed under this contract. The Divisions Substance Use Information Director will serve as the single point-of- contact within the State to finalize work plans and approve campaign materials, facilitate meetings, and track progress across all plans, projects and campaigns. Page 9 of 68 Contract Kick-Off Meeting The Contractor will coordinate an initial kick-off meeting with the State to : Define expectations of each campaign/project, including measures of success Preliminarily identify the audience(s) and discuss audience segments Explore existing connections and resources among programs Frame the project within the context of both Division and program-specific goals and objectives Examine existing program, state, or national brands Determine an appropriate timeline Define roles and responsibilities Weekly Contract Meetings The Contractor will participate in weekly contract meetings with the State to review upcoming tasks/projects, completed work related to the contract, or other relevant topics. The Contractor will work with the State to identify a regular meeting time and adjust the weekly meeting schedule as needed. Subcontractors The Contractor may utilize subcontractors for portions of the work completed under this agreement. Any use of a subcontractor must be proposed during the development of each annual work plan and approved in writing by the State. 2.1 Project Budgets The contract budget is $1,110,000 in total for two (2) years* with potential enhancements of up to an additional $500,000 per contract year. The budget table below describes maximum allowable amounts by topic. Budgets may include multiple funding sources with set availability and expiration timelines (see Figure 1). Work plan project timelines will be developed in coordination with the State to align with funding timeline parameters. Payment terms shall be Net 30 days. Contractor shall be paid based on documentation and itemization of work performed and included in invoicing. TOPICS Two-Year Contract Budget* Alcohol Cannabis Stigma associated with substance use $380,000 Opioid misuse & overdose prevention, risks of mixing substances [i.e., alcohol, prescription stimulants, opioids] $390,000 Medication storage & disposal, promotion of services & supports $340,000 TOTAL $1,110,000 Page 10 of 68 2.1.1 Invoicing Contractor shall submit signed invoices on a monthly basis for work completed, utilizing an invoice template approved by the State. The invoice template will include the following information: detail of service(s) rendered; date(s) and hour(s) of work performed; rates of pay, as mutually agreed upon; and a detail of item(s) and cost(s) for any allowable reimbursable expenses (parts, materials, travel, etc.) as mutually agreed upon. Invoices will also include a separate monthly budget update reflecting a budget overview of current monthly spending amounts for campaigns and/or projects, and balance of remaining budgets. 2.2 Business Outcomes The State of Vermont seeks to achieve the following Business Value(s): Risk Reduction: The objective of this project is to continue to provide high-quality, communication interventions reaching identified audiences through use of a qualified vendor, that results in a reduction in substance misuse among Vermonters. 2.3 Dependencies and Constraints The current solution is in place through April 30, 2023. The department desires to execute a new contract prior to this date in an effort to eliminate lapse in service. 3 BID PREPARATION 3.1 Single Point of Contact All communications concerning this RFP are to be addressed in writing to the State Contact listed on the front page of this RFP. Actual or attempted contact with any other individual from the State concerning this RFP is strictly prohibited and may result in disqualification. 3.2 Bidders Conference A bidders conference will not be held for this RFP. 3.3 Question and Answer Period Any vendor requiring clarification of any section of this RFP or wishing to comment on any requirements of the RFP must submit specific questions in writing no later than the deadline for question indicated on the first page of this RFP. Questions may be emailed to the point of contact on the front page of this Page 11 of 68 RFP. Questions or comments not raised in writing on or before the last day of the question period are thereafter waived. At the close of the question period a copy of all questions or comments and the State's responses will be posted on the States web site http://www.bgs.state.vt.us/pca/bids/bids.php. Every effort will be made to post this information as soon as possible after the question period ends, contingent on the number and complexity of the questions. 3.4 Proposal Requirements General Conditions and Requirements This RFP defines the Scope of Work required and work/management structure within which the chosen Contractor must operate. In order to be considered for selection, Bidders must complete all responses to this RFP in the format described in this document. Proposals not meeting the requirements described in this RFP will not be considered. Cost of proposal development is the sole responsibility of the Bidder. All bid proposals and submitted information connected to this RFP may be subject to disclosure under the States access to public records law. The successful Bidders response will become part of the official contract file. Once the contract is finalized, material associated with its negotiation is a matter of public record except for those materials that are specifically exempted under the law. One such exemption is material that constitutes trade secret, proprietary, or confidential information. If the response includes material that is considered by the Bidder to be proprietary and confidential under 1 V.S.A., Ch. 5 Sec. 317, the Bidder shall clearly designate the material as such prior to bid submission. The Bidder must identify each page or section of the response that it believes is proprietary and confidential and provide a written explanation relating to each marked portion to justify the denial of a public record request should the State receive such a request. The letter must address the proprietary or confidential nature of each marked section, provide the legal authority relied on, and explain the harm that would occur should the material be disclosed. Under no circumstances can the entire response or price information be marked confidential. Responses so marked may not be considered and will be returned to the Bidder. All proposals shall become the property of the State. All public records of VDH/DSU may be disclosed, except that submitted bid documents shall not be released until the Contractor and DSU have executed the contract. At that time, the unsuccessful Bidders may request a copy of their own score sheets as well as the apparently successful Bidders proposal. The name of any Bidder submitting a response shall also be a matter of public record. Other persons or organizations may also make a request at that time or at a later date. Consistent with state law, DSU will not disclose submitted bid documents or RFP records until execution of the contract(s). At that time, upon receipt of a public records request, information about the competitive procurement may be subject to disclosure. DSU will review the submitted bids and related materials and consider whether those portions specifically marked by a Bidder as falling within one of the exceptions of 1 V.S.A., Ch. 5 Sec. 317 are legally exempt. If, in DSUs judgment, pages or sections marked as proprietary or confidential are not proprietary or confidential, DSU will contact the Bidder to provide the Bidder with an opportunity to prevent the disclosure of those marked portions of its bid. Proposal Format The proposal should be prepared simply and economically providing straightforward, concise descriptions http://www.bgs.state.vt.us/pca/bids/bids.php Page 12 of 68 of the Bidders ability to fulfill the requirements of the RFP. The Technical Response must be no longer than 25 pages, excluding responses to Section 3.4.1, 3.4.2, and staff resumes. To be considered, each Bidder must submit a complete response to this RFP including: 1. Cover Letter 2. Technical Response (see below) 3. Certificate of Compliance (Exhibit A) 4. Bidder Response Form and attachments (Exhibit C) 5. If applicable, Subcontractor Reporting Form (Exhibit B) or must be submitted prior to execution of a contract Technical Response components: included in the 25-page limit: o Description of the Bidders General Background and Qualifications (3.4.2 Response Section II) o Ability and Approach to Implement the Activities and Specifications of the Contract (3.4.3 Response Section III) o Staffing (3.4.5 Response Section V) o Proposed Work Plan (3.4.6 Response Section VI) o Quality Control (3.4.7 Response Section VII) o Cost Proposal (3.4.8 Response Section VIII) not included in the 25-page limit: o Professional Resume and References (3.4.4 Response Section IV) o Exceptions to Scope of Work (3.4.9 Response Section IX) 3.4.1 Response Section I: Cover Letter, Certificate of Compliance (Exhibit A), Bidders Response Form (Exhibit C) and attachments. Cover Letter Please provide an introduction to your company and proposal via a cover letter. All bids submitted to the State are considered public records. Please note in your cover letter if any information in your proposal is considered proprietary and confidential. a. Confidentiality. To the extent your bid contains information you consider to be proprietary and confidential, you must comply with the following requirements concerning the contents of your cover letter and the submission of a redacted copy of your bid (or affected portions thereof). b. The successful response will become part of the contract file and will become a matter of public record, as will all other responses received. If the response includes material that is considered by the bidder to be proprietary and confidential under the States Public Records Act, 1 V.S.A. 315 et seq., the bidder shall submit a cover letter that clearly identifies each page or section of the response that it believes is proprietary and confidential. The bidder shall also Page 13 of 68 provide in their cover letter a written explanation for each marked section explaining why such material should be considered exempt from public disclosure in the event of a public records request, pursuant to 1 V.S.A. 317(c), including the prospective harm to the competitive position of the bidder if the identified material were to be released. Additionally, the bidder must include a redacted copy of its response for portions that are considered proprietary and confidential. Redactions must be limited so that the reviewer may understand the nature of the information being withheld. It is typically inappropriate to redact entire pages, or to redact the titles/captions of tables and figures. Under no circumstances can the entire response be marked confidential, and the State reserves the right to disqualify responses so marked. Along with the above statements, the Cover Letter must include the following information about the Bidder and any proposed subcontractors: Name, address, principal place of business, telephone number, and fax number/email address of legal entity or individual with whom contract would be written. Legal status of the Bidder (sole proprietorship, partnership, corporation, etc.) and the year the entity was organized to do business, as the entity now substantially exists. Location of the facility from which the Bidder would operate. Number of years experience carrying out the activities described in the RFP. Demonstration of adequate financial resources and be financially sound as proven by furnishing balance sheet/financial statements, showing that the Bidder has been in business continually for the last three (3) years. Provision of a single point managerial level contact to coordinate all State requirements and to be the point of contact for any problems/questions that may arise. 3.4.2 Response Section II: General Background and Qualifications Bidder must provide the following information about their company so that VDH can evaluate the Bidders stability and ability to support the commitments set forth in response to the RFP. The VDH may require additional documentation to support and/or clarify requested information. A brief description of the company, including past history, present status, and (if applicable) future plans, etc. Company size and organization. Disclose any history of defaults, contract terminations, and bankruptcies. If none, please state none. 3.4.3 Response Section III: Ability and Approach to Implement the Activities and Specifications of the RFP This section of the proposal will contain the ability and approach that the Bidder will take in implementing the activities and specifications described in this RFP (Section 2, Scope of Work). This section should include activities/tasks the contractor will accomplish along with measurable outcomes. The Bidders approach (or process) should demonstrate the ability to do the following: Page 14 of 68 Develop and implement social marketing strategies for preventing substance misuse. Align campaign messages and strategy with public health behavior change theory and best practice. Consult with VDH staff and utilize existing research/guidance or best practice proven to be effective with the target population. This may include messages, strategies, or specific promotions with proven outcomes. Use research (primary and/or secondary) to build knowledge of the intended audiences. Devise strategies for determining the extent to which the campaign will reach the intended audiences, and with what reach and frequency. Pre-test materials (existing or newly created) with the audience before executing new phases in a campaign. Implement paid media flights to reach the audience. Manage media channels and websites, including monitoring and responding to social media in accordance with Health Department Guidance. Consult with VDH to establish evaluation goals and implement an evaluation plan. Provide necessary metrics and measurements for programmatic evaluation. Provide effective project management through staffing and communication. 3.4.4 Response Section IV: Professional Resume and References Bids shall include a professional resume of the Bidder/individual(s) who will perform the services. Please list key staff and their roles on this project. Bids shall also include references for key staff members, including relationship, mailing address, telephone number, and email address. In order to validate the highest-ranking proposal, references may be contacted for further input. These clients may be contacted to determine the quality of the work performed and the personnel assigned to the project. The results of the reference calls will be used by the evaluation team in developing its recommendation for awarding the contract. 3.4.5 Response Section V: Staffing This section should contain the following information about the Bidders staffing to support the project. Is your organization a full service agency with expertise in marketing, strategy development, advertising, public relations, marketing research/formative research, creative development and production, social/digital media and media planning/buying? If no, how do you plan to partner with other consultants and/or organizations to represent a full service agency? Will sub-contractors be used and if so, what are their areas of expertise? Please provide details. Does your company have adequate staff time that can be devoted to the Marketing and Communications contract? If no, explain how you propose to obtain adequate staff. If yes, please elaborate. If additional funds become available in any or all areas of focus identified in Section 2 Scope of Work, does your company have adequate capacity to enhance marketing and communication strategies? (See Section 2.1 Project Budgets) Page 15 of 68 3.4.6 Response Section VI: Proposed Work Plan (Response to Required Services, Tasks & Activities) This section should contain the following information about how the Bidder will implement the approach described in Response Section III, to accomplish the goals of the project outlined in Section 2 Scope of Work Required Services, Tasks & Activities. Examples of how campaigns will be evaluated should be included. The proposed work plan should also include an estimated budget allocation (including staff time) based on funding thresholds by topic outlined in Section 2.1 of this proposal. 3.4.7 Response Section VII: Quality Control This section of the proposal should contain a description of the Bidders quality control procedures: What are your companys controls and processes for data backups (e.g., on-site and off- site)? What are your companys controls and processes for security, such as virus protection, firewalls, building access, and office/file access, etc.? 3.4.8 Response Section VIII: Cost Proposal Estimated costs should include a breakdown of staff time, project expenses, etc. in the following format (see budget table by topic in Section 2.1) Topic Area Proposed Project Timeframe (MM/YY-MM/YY) Year 1 Proposed Budget Breakdown* (e.g., FTEs, rates, supplies, travel, etc.) Year 2 Proposed Budget Breakdown* (e.g., FTEs, rates, supplies, travel, etc.) Total Proposed Budget *Proposed project costs can be provided as a range, so long as the reason for the difference between the high-end and low-end is clearly articulated. Provide a list of staff rates based on function. 3.4.9 Response Section IX: Exceptions If the Bidder should choose not to bid on a category of work outlined in Section 2, the Scope of Work, the Bidders proposal must list the section, clearly explain which category of work is not included in the proposal and why. In the event a Bidder chooses not to include specific categories of work outlined in the Scope of Work, the point system in the evaluation process identified in Section 5.3.1 will be adjusted accordingly. 4. BID SUBMISSION Page 16 of 68 4.1 Closing Date: Bids must be received by the due date and at the location specified on the front page of this RFP. 4.1.1 The State may, for cause, issue an addendum to change the date and/or time when bids are due. If a change is made, the State will inform all bidders by posting at the webpage indicated on the front page of this RFP. 4.1.2 There will not be a public bid opening. However, the State will record the name, city and state for any and all bids received by the due date. This information will be posted as promptly as possible following the due date online at: https://bgs.vermont.gov/content/opc-bid-tabulation- sheets-0. Bidders are hereby notified to review the information posted after the bid opening deadline to confirm receipt of bid by the State. Any bidder that submitted a bid, and is not listed on the bid tabulation sheet, shall promptly notify the State Contact listed on the front page of this RFP. Should a bidder fail to notify the State Contact listed on the front page of this RFP within two weeks of posting the bid tabulation sheet, the State shall not be required to consider the bid. 4.2 Bid Delivery Instructions and Methods: 4.2.1 Electronic: Electronic bids will be accepted. Electronic bids will be accepted via email submission to SOV.ThePathForward@vermont.gov. Bids must consist of a single email with a single, digitally searchable PDF attachment containing all components of the bid. Multiple emails and/or multiple attachments will not be accepted. There is an attachment size limit of 40 MB. It is the Bidders responsibility to compress the PDF file containing its bid if necessary in order to meet this size limitation. 4.2.2 U.S. Mail and hand delivery: Hardcopy bids will not be accepted. 4.2.3 Fax: Faxed bids will not be accepted. 4.3 Bid Submission Checklist: Cover Letter If applicable, a redacted copy of the response for portions that are considered proprietary and confidential Technical Response State of Vermont Bidder Response Form and attachments (Exhibit C) Signed Certificate of Compliance (Exhibit A) If applicable, Subcontractor Reporting (Exhibit B) https://bgs.vermont.gov/content/opc-bid-tabulation-sheets-0 https://bgs.vermont.gov/content/opc-bid-tabulation-sheets-0 mailto:SOV.ThePathForward@vermont.gov Page 17 of 68 5 BID EVALUATION AND SELECTION 5.1 Worker Classification Compliance Requirements: In accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54), Bidders must comply with the following provisions and requirements. 5.1.1 Self-Reporting: For bid amounts exceeding $250,000.00, Bidder shall complete the appropriate section in the attached Certificate of Compliance for purposes of self- reporting information relating to past violations, convictions, suspensions, and any other information related to past performance relative to coding and classification of workers. The State is requiring information on any violations that occurred in the previous 12 months. 5.1.2 Subcontractor Reporting: For bid amounts exceeding $250,000.00, Bidders are hereby notified that upon award of contract, and prior to contract execution, the State shall be provided with a list of all proposed subcontractors and subcontractors subcontractors, together with the identity of those subcontractors workers compensation insurance providers, and additional required or requested information, as applicable, in accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54). This requirement does not apply to subcontractors providing supplies only and no labor to the overall contract or project. This list MUST be updated and provided to the State as additional subcontractors are hired. A sample form is available online Section Standard RFP Attachments - http://bgs.vermont.gov/purchasing-contracting/forms . The subcontractor reporting form is not required to be submitted with the bid response (Reference Exhibit B). 5.2 Executive Order 05-16: Climate Change Considerations in State Procurements For bid amounts exceeding $25,000.00 Bidders are requested to complete the Climate Change Considerations in State Procurements Certification, which is included in the Certificate of Compliance for this RFP. After consideration of all relevant factors, a bidder that demonstrates business practices that promote clean energy and address climate change as identified in the Certification, shall be given favorable consideration in the competitive bidding process. Such favorable consideration shall be consistent with and not supersede any preference given to resident bidders of the State and/or products raised or manufactured in the State, as explained in the Method of Award section. But, such favorable consideration shall not be employed if prohibited by law or other relevant authority or agreement. 5.3 Method of Award Awards will be made in the best interest of the State. The State may award one or more contracts and reserves the right to make additional awards to other compliant bidders at any time if such award is deemed to be in the best interest of the State. All other considerations being equal, preference will be given first to resident bidders of the state and/or to products raised or http://bgs.vermont.gov/purchasing-contracting/forms Page 18 of 68 manufactured in the state, and then to bidders who have practices that promote clean energy and address climate change, as identified in the applicable Certificate of Compliance. 5.3.1 Evaluation Criteria The State shall have the authority to evaluate Responses and select the Bidder(s) determined to be in the best interest of the State and consistent with the goals and performance requirements outlined in this RFP. The State will conduct a comprehensive and impartial evaluation of proposals received in response to this RFP. Proposals must comply with the instructions to Bidders contained in Section 3.4: Proposal Requirements. Failure to comply with the instructions shall deem the proposal non-responsive and subject to rejection without further consideration. The State reserves the right to waive irregularities. Consideration shall be given to the Bidders project approach and methodology, qualifications and experience, ability to provide the services within the defined timeline, cost, and/or success in completing similar projects, as applicable, and to the extent specified below. In general, bids are awarded based on the best interest of the State of Vermont. In the event a Bidder chooses not to include specific categories of work outlined in Section 2, the Scope of Work, the point system outlined in Criteria for Scoring below will be adjusted accordingly. The following are the components and point system for the evaluation: Criteria for Scoring Total Points 3.4.1 Response Section I: Cover Letter, Certificate of Compliance, Bidders Response Form 1 3.4.2 Response Section II: Background and Qualifications 9 3.4.3 Response Section III: Ability to Implement Activities & Attachment #1: Proposal and Work Samples (Bidders Response Form) 30 3.4.4 Response Section IV: Professional Resume and References 3 3.4.5 Response Section V: Staffing 8 3.4.6 Response Section VI: Proposed Work Plan 30 3.4.7 Response Section VII: Quality Control 4 3.4.8 Response Section VIII: Cost Proposal 15 5.4 Best and Final Offer 5.4.1 Best and Final Offer (BAFO). At any time after submission of Responses and prior to the final selection of Bidder(s) for Contract negotiation or execution, the State may invite Bidder(s) to provide a BAFO. 5.4.2 The State reserves the right to request BAFOs from only those Bidders that meet the minimum qualification requirements and/or have not been eliminated from consideration during the evaluation process. 5.4.3 Evaluation of Responses and Selection of Bidder(s). The State shall have the authority to evaluate Responses and select the Bidder(s) as may be determined to be in the best Page 19 of 68 interest of the State and consistent with the goals and performance requirements outlined in this RFP. 5.5 Contract Negotiation Upon completion of the evaluation process, the State may select one or more Vendors with which to negotiate a contract, based on the evaluation findings and other criteria deemed relevant for ensuring that the decision made is in the best interest of the State. In the event the State is successful in negotiating with a Vendor, the State will issue a notice of award. In the event State is not successful in negotiating a contract with a selected Vendor, the State reserves the option of negotiating with another Vendor, or to end the proposal process entirely. 6 GENERAL TERMS AND CONDITIONS 6.1 STATEMENT OF RIGHTS: The State of Vermont reserves the right to obtain clarification or additional information necessary to properly evaluate a proposal. Vendors may be asked to give a verbal presentation of their proposal after submission. Failure of vendor to respond to a request for additional information or clarification could result in rejection of that vendor's proposal. To secure a project that is deemed to be in the best interest of the State, the State reserves the right to accept or reject any and all bids, in whole or in part, with or without cause, and to waive technicalities in submissions. The State also reserves the right to make purchases outside of the awarded contracts where it is deemed in the best interest of the State. 6.2 Pricing: Bidders must price the terms of this solicitation at their best pricing. Any and all costs that Bidder wishes the State to consider must be submitted for consideration. If applicable, all equipment pricing is to include F.O.B. delivery to the ordering facility. No request for extra delivery cost will be honored. All equipment shall be delivered assembled, serviced, and ready for immediate use, unless otherwise requested by the State. 6.2.1 The proposal must be fixed cost, inclusive of expenses, for specific deliverables. The State generally doesnt enter into time and material contracts. 6.2.2 Prices and/or rates shall remain firm for the initial term of the contract. The pricing policy submitted by Bidder must (i) be clearly structured, accountable, and auditable and (ii) cover the full spectrum of materials and/or services required. If the project contemplates doing additional work with the vendor for additions to the system or addition of new users, state the hourly rates for future work for key types of positions, i.e., Data Base Programmer, Systems Developer, Trainer, etc. 6.2.3 Cooperative Agreements. Bidders that have been awarded similar contracts through a competitive bidding process with another state and/or cooperative are welcome to submit the pricing in response to this solicitation. 6.2.4 Retainage. In the discretion of the State, a contract resulting from this RFP may provide that the State withhold a percentage of the total amount payable for some or all deliverables, such retainage to be payable upon satisfactory completion and State acceptance in accordance with the terms and conditions of the contract. 6.3 Contracting with the State of Vermont: The selected bidder(s) will be expected to sign a contract Page 20 of 68 with the State according to the form prescribed by the Standard State Contract Form and its associated Attachments which is attached to this RFP as Exhibit D. The contract will obligate the bidder to provide the services and/or products identified in its bid, at the prices listed. 6.3.1 Invoice Payments: The bidders proposal must clearly specify the address for submitting payments. All payments are to be based on State of Vermonts acceptance of agreed to, fixed price deliverables or time and materials terms, as the case may be. See Section 2.1.1 Invoicing. 6.3.2 Vendors planning to submit a bid are advised of the following: 1. The State expects the Vendor and its legal counsel to carefully review and be prepared to be bound by the Attachment C: Standard State Provisions for Contracts and Grants, Attachment D: Information Technology Professional Services Terms and Conditions, Attachment E: Business Associate Agreement, and Attachment F: Agency of Human Services Customary Contract/Grant Provisions outlined in Exhibit D. 2. The contract is subject to review and approval by the Attorney General, the Agency of Digital Services and the Secretary of Administration. The terms and conditions of a Vendors software license, maintenance support agreement and service level agreement, if applicable, will be required for purposes of contract negotiations for this project. Failure to provide the applicable Vendor terms as part of the RFP response may result in rejection of the Vendors proposal. 3. The State has no legal authority to indemnify a vendor and this condition is not negotiable. Further, all contract terms and conditions, including a Vendor license will be subject to the laws of the State of Vermont and any action or proceeding brought by either the State or a Contractor in connection with a Contract shall be brought and enforced in the Superior Court of the State of Vermont, Civil Division, Washington Unit. Vendors who are not able to enter into a contract under these conditions should not submit a bid. 4. Contractors will be expected to make the representations and warranties set forth in the State Contract Terms. 6.4 Performance Measures In accordance with current State of Vermont policy and procedures, the contract may include Vendor performance measures. The specific performance measures will be determined during the contract negotiation process. 6.5 Contract Term Contract Period: Contracts arising from this RFP will be for a period of two years with an option to renew for up to two additional twelve-month periods. The State anticipates the start date will be April 1, 2023. The vendor should guarantee its rate offerings, over the term of the contract, are comparable to other customers of similar size and requirements. If offerings are rendered to a comparable customer which improve the pricing agreed to in the contract, the vendor agrees to apply those Page 21 of 68 same discounts and offerings to the State of Vermont. 6.6 Specification Change Any changes or variations in the requirements or specifications set forth in this RFP will result in the issuance of an Addendum to this RFP in writing from the Office of Purchasing & Contracting. Verbal instructions or written instructions from any other source are not to be considered. 6.7 Business Registration To be awarded a contract by the State of Vermont a Vendor (except an individual doing business in his/her own name) must be registered with the Vermont Secretary of States office http://www.sec.state.vt.us/tutor/dobiz/forms/fcregist.htm and must obtain a Contractors Business Account Number issued by the Vermont Department of Taxes http://tax.vermont.gov/ . 6.8 Costs of Preparation The Vendor shall be solely responsible for all expenses incurred in the preparation of a response to this RFP and shall be responsible for all expenses associated with any presentations or demonstrations associated with this request and/or any proposals made. 6.9 Exhibits included with this RFP: Exhibit A: Certificate of Compliance Exhibit B: Subcontractor Reporting Form Exhibit C: State of Vermont Bidder Response Form Exhibit D: State of Vermont Standard Contract For Services and its associated Attachments: o Attachment C: Standard State Provisions for Contracts and Grants o Attachment D: Information Technology Professional Services Terms and Conditions o Attachment E: Business Associate Agreement o Attachment F: Agency of Human Services Customary Contract/Grant Provisions o Attachment G: State of Vermont Federal Terms Supplement (Non-Construction) http://www.sec.state.vt.us/tutor/dobiz/forms/fcregist.htm http://tax.vermont.gov/ Page 22 of 68 RFP/PROJECT: DATE: Page 1 of 3 EXHIBIT A CERTIFICATE OF COMPLIANCE For a bid to be considered valid, this form must be completed in its entirety, executed by a duly authorized representative of the bidder, and submitted as part of the response to the proposal. A. NON COLLUSION: Bidder hereby certifies that the prices quoted have been arrived at without collusion and that no prior information concerning these prices has been received from or given to a competitive company. If there is sufficient evidence to warrant investigation of the bid/contract process by the Office of the Attorney General, bidder understands that this paragraph might be used as a basis for litigation. B. CONTRACT TERMS: Bidder hereby acknowledges that is has read, understands and agrees to the terms of this RFP, including Attachment C: Standard State Contract Provisions, and any other contract attachments included with this RFP. C. FORM OF PAYMENT: Does Bidder accept the Visa Purchasing Card as a form of payment? ____ Yes ____ No D. WORKER CLASSIFICATION COMPLIANCE REQUIREMENT: In accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54), the following provisions and requirements apply to Bidder when the amount of its bid exceeds $250,000.00. Self-Reporting. Bidder hereby self-reports the following information relating to past violations, convictions, suspensions, and any other information related to past performance relative to coding and classification of workers, that occurred in the previous 12 months. Summary of Detailed Information Date of Notification Outcome Subcontractor Reporting. Bidder hereby acknowledges and agrees that if it is a successful bidder, prior to execution of any contract resulting from this RFP, Bidder will provide to the State a list of all proposed subcontractors and subcontractors subcontractors, together with the identity of those subcontractors workers compensation insurance providers, and additional required or requested information, as applicable, in accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54), and Bidder will provide any update of such list to the State as additional subcontractors are hired. Bidder further acknowledges and agrees that the failure to submit subcontractor reporting in accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54) will constitute non-compliance and may result in cancellation of contract and/or restriction from bidding on future state contracts. Page 23 of 68 RFP/PROJECT: DATE: Page 2 of 3 E. Executive Order 05 16: Climate Change Considerations in State Procurements Certification Bidder certifies to the following (Bidder may attach any desired explanation or substantiation. Please also note that Bidder may be asked to provide documentation for any applicable claims): 1. Bidder owns, leases or utilizes, for business purposes, space that has received: Energy Star Certification LEED, Green Globes, or Living Buildings Challenge Certification Other internationally recognized building certification: ____________________________________________________________________________ 2. Bidder has received incentives or rebates from an Energy Efficiency Utility or Energy Efficiency Program in the last five years for energy efficient improvements made at bidders place of business. Please explain: _____________________________________________________________________________ 3. Please Check all that apply: Bidder can claim on-site renewable power or anaerobic-digester power (cow-power). Or bidder consumes renewable electricity through voluntary purchase or offset, provided no such claimed power can be double- claimed by another party. Bidder uses renewable biomass or bio-fuel for the purposes of thermal (heat) energy at its place of business. Bidders heating system has modern, high-efficiency units (boilers, furnaces, stoves, etc.), having reduced emissions of particulate matter and other air pollutants. Bidder tracks its energy consumption and harmful greenhouse gas emissions. What tool is used to do this? _____________________ Bidder promotes the use of plug-in electric vehicles by providing electric vehicle charging, electric fleet vehicles, preferred parking, designated parking, purchase or lease incentives, etc.. Bidder offers employees an option for a fossil fuel divestment retirement account. Bidder offers products or services that reduce waste, conserve water, or promote energy efficiency and conservation. Please explain: ____________________________________________________________________________ ____________________________________________________________________________ 4. Please list any additional practices that promote clean energy and take action to address climate change: _____________________________________________________________________________ ____________________________________________________________________________ _____________________________________________________________________________ Page 24 of 68 RFP/PROJECT: DATE: Page 3 of 3 F. Executive Order 02 22: Solidarity with the Ukrainian People Bidder certifies goods, products, or materials offered as part of this solicitation none of the applicable goods or services are Russian-sourced goods and/or produced by Russian entities. If the non-use box is not checked above, Bidder hereby indicates that certain products provided under this solicitation are Russian-sourced goods and/or produced by Russian entities, as described in the table below. In addition, identify where indicated in the table, which goods are Russian-sourced and/or produced by Russian entities. An additional column is provided for any note or comment that you may have. SOV Contract # Provided Equipment or Product Contractor Note or Comment G. Acknowledge receipt of the following Addenda: Addendum No.: Dated: Addendum No.: Dated: Addendum No.: Dated: Bidder Name: Contact Name: Address: Fax Number: Telephone: E-Mail: By: Name: Signature of Bidder (or Representative) (Type or Print) END OF CERTIFICATE OF COMPLIANCE EXHIBIT B SUBCONTRACTOR REPORTING FORM RFP/PROJECT: DATE: This form must be completed in its entirety and submitted prior to contract execution and updated as necessary and provided to the State as additional subcontractors are hired. The Department of Buildings and General Services in accordance with Act 54, Section 32 of the Acts of 2009 and for total project costs exceeding $250,000.00 requires bidders to comply with the following provisions and requirements. Contractor is required to provide a list of subcontractors on the job along with lists of subcontractors subcontractors and by whom those subcontractors are insured for workers compensation purposes. Include additional pages if necessary. This is not a requirement for subcontractors providing supplies only and no labor to the overall contract or project. Subcontractor Insured By Subcontractors Sub Insured By Date: Name of Company: Contact Name: Address: Title: Phone Number: E-mail: Fax Number: By: Name: Failure to adhere to Act 54, Section 32 of the Acts of 2009 and submit Subcontractor Reporting: Worker Classification Compliance Requirement will constitute non-compliance and may result in cancellation of contract and/or forfeiture of future bidding privileges until resolved. Send Completed Form to: Office of Purchasing & Contracting 109 State Street Montpelier, VT 05609-3001 Attention: Contract Administration Page 25 of 68 Page 33 of 68 (Insert Exhibit C) Page 34 of 68 EXHIBIT D State of Vermont STANDARD CONTRACT FOR SERVICES 1. Parties. This is a contract for services between the State of Vermont, Department of Health, Division of Substance Use Programs (hereinafter called State), and _____________, with a principal place of business in _____________, (hereinafter called Contractor). Contractors form of business organization is _____________. It is Contractors responsibility to contact the Vermont Department of Taxes to determine if, by law, Contractor is required to have a Vermont Department of Taxes Business Account Number. 2. Subject Matter. The subject matter of this contract is services generally on the subject of substance misuse prevention marketing, communication and public education. Detailed services to be provided by Contractor are described in Attachment A. 3. Maximum Amount. In consideration of the services to be performed by Contractor, the State agrees to pay Contractor, in accordance with the payment provisions specified in Attachment B, a sum not to exceed $________.00. 4. Contract Term. The period of Contractors performance shall begin on April 1, 2023 and end on June 30, 2025 with the option to extend for one two-year extension or two one-year extensions based off programmatic need and mutual agreement of both parties. 5. Prior Approvals. This Contract shall not be binding unless and until all requisite prior approvals have been obtained in accordance with current State law, bulletins, and interpretations. 6. Amendment. No changes, modifications, or amendments in the terms and conditions of this contract shall be effective unless reduced to writing, numbered and signed by the duly authorized representative of the State and Contractor. 7. Termination for Convenience. This contract may be terminated by the State at any time by giving written notice at least thirty (30) days in advance. In such event, Contractor shall be paid under the terms of this contract for all services provided to and accepted by the State prior to the effective date of termination. 8. Attachments. This contract consists of ___ pages including the following attachments which are incorporated herein: Attachment A - Statement of Work Attachment B - Payment Provisions Attachment C Standard State Provisions for Contracts and Grants a preprinted form (revision date 12/15/2017) Attachment D Information Technology Professional Services Terms and Conditions Attachment E Business Associate Agreement Attachment F Agency of Human Services Contract/Grant Provisions Attachment G State of Vermont Federal Terms Supplement (Non-Construction) Page 35 of 68 9. Order of Precedence. Any ambiguity, conflict or inconsistency between the documents comprising this contract shall be resolved according to the following order of precedence: (1) Standard Contract (2) Attachment D (3) Attachment C (Standard State Provisions for Contracts and Grants) (4) Attachment A (5) Attachment B (6) Attachment E (7) Attachment F (8) Attachment G WE THE UNDERSIGNED PARTIES AGREE TO BE BOUND BY THIS CONTRACT By the State of Vermont: By the Contractor: Date: Date: Signature: Signature: Name: Name: Title: Title: Page 36 of 68 ATTACHMENT A STATEMENT OF WORK The Contractor shall: Page 37 of 68 ATTACHMENT B PAYMENT PROVISIONS The maximum dollar amount payable under this contract is not intended as any form of a guaranteed amount. The Contractor will be paid for products or services actually delivered or performed, as specified in Attachment A, up to the maximum allowable amount specified on page 1 of this contract. 1. Prior to commencement of work and release of any payments, Contractor shall submit to the State: a. a certificate of insurance consistent with the requirements set forth in Attachment C, Section 8 (Insurance), and with any additional requirements for insurance as may be set forth elsewhere in this contract; and b. a current IRS Form W-9 (signed within the last six months). 2. Payment terms are Net 30 days from the date the State receives an error-free invoice with all necessary and complete supporting documentation. 3. Contractor shall submit detailed invoices itemizing all work performed during the invoice period, including the dates of service, rates of pay, hours of work performed, and any other information and/or documentation appropriate and sufficient to substantiate the amount invoiced for payment by the State. All invoices must include the Contract # for this contract. 4. Contractor shall submit invoices to the State in accordance with the schedule set forth in this Attachment B. Unless a more particular schedule is provided herein, invoices shall be submitted not more frequently than monthly. 5. Invoices shall be submitted to the State at the following address: VT Department of Health Division of Substance Use Programs 108 Cherry Street PO Box 70 Burlington, VT 05402 Page 38 of 68 ATTACHMENT C: STANDARD STATE PROVISIONS FOR CONTRACTS AND GRANTS REVISED DECEMBER 15, 2017 1. Definitions: For purposes of this Attachment, Party shall mean the Contractor, Grantee or Subrecipient, with whom the State of Vermont is executing this Agreement and consistent with the form of the Agreement. Agreement shall mean the specific contract or grant to which this form is attached. 2. Entire Agreement: This Agreement, whether in the form of a contract, State-funded grant, or Federally-funded grant, represents the entire agreement between the parties on the subject matter. All prior agreements, representations, statements, negotiations, and understandings shall have no effect. 3. Governing Law, Jurisdiction and Venue; No Waiver of Jury Trial: This Agreement will be governed by the laws of the State of Vermont. Any action or proceeding brought by either the State or the Party in connection with this Agreement shall be brought and enforced in the Superior Court of the State of Vermont, Civil Division, Washington Unit. The Party irrevocably submits to the jurisdiction of this court for any action or proceeding regarding this Agreement. The Party agrees that it must first exhaust any applicable administrative remedies with respect to any cause of action that it may have against the State with regard to its performance under this Agreement. Party agrees that the State shall not be required to submit to binding arbitration or waive its right to a jury trial. 4. Sovereign Immunity: The State reserves all immunities, defenses, rights or actions arising out of the States sovereign status or under the Eleventh Amendment to the United States Constitution. No waiver of the States immunities, defenses, rights or actions shall be implied or otherwise deemed to exist by reason of the States entry into this Agreement. 5. No Employee Benefits For Party: The Party understands that the State will not provide any individual retirement benefits, group life insurance, group health and dental insurance, vacation or sick leave, workers compensation or other benefits or services available to State employees, nor will the State withhold any state or Federal taxes except as required under applicable tax laws, which shall be determined in advance of execution of the Agreement. The Party understands that all tax returns required by the Internal Revenue Code and the State of Vermont, including but not limited to income, withholding, sales and use, and rooms and meals, must be filed by the Party, and information as to Agreement income will be provided by the State of Vermont to the Internal Revenue Service and the Vermont Department of Taxes. 6. Independence: The Party will act in an independent capacity and not as officers or employees of the State. 7. Defense and Indemnity: The Party shall defend the State and its officers and employees against all third party claims or suits arising in whole or in part from any act or omission of the Party or of any agent of the Party in connection with the performance of this Agreement. The State shall notify the Party in the event of any such claim or suit, and the Party shall immediately retain counsel and otherwise provide a complete defense against the entire claim or suit. The State retains the right to participate at its own expense in the defense of any claim. The State shall have the right to approve all proposed settlements of such claims or suits. After a final judgment or settlement, the Party may request recoupment of specific defense costs and may Page 39 of 68 file suit in Washington Superior Court requesting recoupment. The Party shall be entitled to recoup costs only upon a showing that such costs were entirely unrelated to the defense of any claim arising from an act or omission of the Party in connection with the performance of this Agreement. The Party shall indemnify the State and its officers and employees if the State, its officers or employees become legally obligated to pay any damages or losses arising from any act or omission of the Party or an agent of the Party in connection with the performance of this Agreement. Notwithstanding any contrary language anywhere, in no event shall the terms of this Agreement or any document furnished by the Party in connection with its performance under this Agreement obligate the State to (1) defend or indemnify the Party or any third party, or (2) otherwise be liable for the expenses or reimbursement, including attorneys fees, collection costs or other costs of the Party or any third party. 8. Insurance: Before commencing work on this Agreement the Party must provide certificates of insurance to show that the following minimum coverages are in effect. It is the responsibility of the Party to maintain current certificates of insurance on file with the State through the term of this Agreement. No warranty is made that the coverages and limits listed herein are adequate to cover and protect the interests of the Party for the Partys operations. These are solely minimums that have been established to protect the interests of the State. Workers Compensation: With respect to all operations performed, the Party shall carry workers compensation insurance in accordance with the laws of the State of Vermont. Vermont will accept an out- of-state employer's workers compensation coverage while operating in Vermont provided that the insurance carrier is licensed to write insurance in Vermont and an amendatory endorsement is added to the policy adding Vermont for coverage purposes. Otherwise, the party shall secure a Vermont workers compensation policy, if necessary to comply with Vermont law. General Liability and Property Damage: With respect to all operations performed under this Agreement, the Party shall carry general liability insurance having all major divisions of coverage including, but not limited to: Premises - Operations Products and Completed Operations Personal Injury Liability Contractual Liability The policy shall be on an occurrence form and limits shall not be less than: $1,000,000 Each Occurrence $2,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal & Advertising Injury Automotive Liability: The Party shall carry automotive liability insurance covering all motor vehicles, including hired and non-owned coverage, used in connection with the Agreement. Limits of coverage shall not be less than $500,000 combined single limit. If performance of this Agreement involves construction, or the transport of persons or hazardous materials, limits of coverage shall not be less than $1,000,000 combined single limit. Additional Insured. The General Liability and Property Damage coverages required for performance of this Agreement shall include the State of Vermont and its agencies, departments, officers and employees as Additional Insureds. If performance of this Agreement involves construction, or the transport of persons Page 40 of 68 or hazardous materials, then the required Automotive Liability coverage shall include the State of Vermont and its agencies, departments, officers and employees as Additional Insureds. Coverage shall be primary and non-contributory with any other insurance and self-insurance. Notice of Cancellation or Change. There shall be no cancellation, change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without thirty (30) days written prior written notice to the State. 9. Reliance by the State on Representations: All payments by the State under this Agreement will be made in reliance upon the accuracy of all representations made by the Party in accordance with this Agreement, including but not limited to bills, invoices, progress reports and other proofs of work. False Claims Act: The Party acknowledges that it is subject to the Vermont False Claims Act as set forth in 32 V.S.A. 630 et seq. If the Party violates the Vermont False Claims Act it shall be liable to the State for civil penalties, treble damages and the costs of the investigation and prosecution of such violation, including attorneys fees, except as the same may be reduced by a court of competent jurisdiction. The Partys liability to the State under the False Claims Act shall not be limited notwithstanding any agreement of the State to otherwise limit Partys liability. 10. Whistleblower Protections: The Party shall not discriminate or retaliate against one of its employees or agents for disclosing information concerning a violation of law, fraud, waste, abuse of authority or acts threatening health or safety, including but not limited to allegations concerning the False Claims Act. Further, the Party shall not require such employees or agents to forego monetary awards as a result of such disclosures, nor should they be required to report misconduct to the Party or its agents prior to reporting to any governmental entity and/or the public. 11. Location of State Data: No State data received, obtained, or generated by the Party in connection with performance under this Agreement shall be processed, transmitted, stored, or transferred by any means outside the continental United States, except with the express written permission of the State. 12. Records Available for Audit: The Party shall maintain all records pertaining to performance under this agreement. Records means any written or recorded information, regardless of physical form or characteristics, which is produced or acquired by the Party in the performance of this agreement. Records produced or acquired in a machine readable electronic format shall be maintained in that format. The records described shall be made available at reasonable times during the period of the Agreement and for three years thereafter or for any period required by law for inspection by any authorized representatives of the State or Federal Government. If any litigation, claim, or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 13. Fair Employment Practices and Americans with Disabilities Act: Party agrees to comply with the requirement of 21 V.S.A. Chapter 5, Subchapter 6, relating to fair employment practices, to the full extent applicable. Party shall also ensure, to the full extent required by the Americans with Disabilities Act of 1990, as amended, that qualified individuals with disabilities receive equitable access to the services, programs, and activities provided by the Party under this Agreement. 14. Set Off: The State may set off any sums which the Party owes the State against any sums due the Party Page 41 of 68 under this Agreement; provided, however, that any set off of amounts due the State of Vermont as taxes shall be in accordance with the procedures more specifically provided hereinafter. 15. Taxes Due to the State: A. Party understands and acknowledges responsibility, if applicable, for compliance with State tax laws, including income tax withholding for employees performing services within the State, payment of use tax on property used within the State, corporate and/or personal income tax on income earned within the State. B. Party certifies under the pains and penalties of perjury that, as of the date this Agreement is signed, the Party is in good standing with respect to, or in full compliance with, a plan to pay any and all taxes due the State of Vermont. C. Party understands that final payment under this Agreement may be withheld if the Commissioner of Taxes determines that the Party is not in good standing with respect to or in full compliance with a plan to pay any and all taxes due to the State of Vermont. D. Party also understands the State may set off taxes (and related penalties, interest and fees) due to the State of Vermont, but only if the Party has failed to make an appeal within the time allowed by law, or an appeal has been taken and finally determined and the Party has no further legal recourse to contest the amounts due. 16. Taxation of Purchases: All State purchases must be invoiced tax free. An exemption certificate will be furnished upon request with respect to otherwise taxable items. 17. Child Support: (Only applicable if the Party is a natural person, not a corporation or partnership.) Party states that, as of the date this Agreement is signed, he/she: A. is not under any obligation to pay child support; or B. is under such an obligation and is in good standing with respect to that obligation; or C. has agreed to a payment plan with the Vermont Office of Child Support Services and is in full compliance with that plan. Party makes this statement with regard to support owed to any and all children residing in Vermont. In addition, if the Party is a resident of Vermont, Party makes this statement with regard to support owed to any and all children residing in any other state or territory of the United States. 18. Sub-Agreements: Party shall not assign, subcontract or subgrant the performance of this Agreement or any portion thereof to any other Party without the prior written approval of the State. Party shall be responsible and liable to the State for all acts or omissions of subcontractors and any other person performing work under this Agreement pursuant to an agreement with Party or any subcontractor. In the case this Agreement is a contract with a total cost in excess of $250,000, the Party shall provide to the State a list of all proposed subcontractors and subcontractors subcontractors, together with the identity of those subcontractors workers compensation insurance providers, and additional required or requested information, as applicable, in accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54). Party shall include the following provisions of this Attachment C in all subcontracts for work performed solely for the State of Vermont and subcontracts for work performed in the State of Vermont: Section 10 (False Claims Act); Section 11 (Whistleblower Protections); Section 12 (Location of State Data); Page 42 of 68 Section 14 (Fair Employment Practices and Americans with Disabilities Act); Section 16 (Taxes Due the State); Section 18 (Child Support); Section 20 (No Gifts or Gratuities); Section 22 (Certification Regarding Debarment); Section 30 (State Facilities); and Section 32.A (Certification Regarding Use of State Funds). 19. No Gifts or Gratuities: Party shall not give title or possession of anything of substantial value (including property, currency, travel and/or education programs) to any officer or employee of the State during the term of this Agreement. 20. Copies: Party shall use reasonable best efforts to ensure that all written reports prepared under this Agreement are printed using both sides of the paper. 21. Certification Regarding Debarment: Party certifies under pains and penalties of perjury that, as of the date that this Agreement is signed, neither Party nor Partys principals (officers, directors, owners, or partners) are presently debarred, suspended, proposed for debarment, declared ineligible or excluded from participation in Federal programs, or programs supported in whole or in part by Federal funds. Party further certifies under pains and penalties of perjury that, as of the date that this Agreement is signed, Party is not presently debarred, suspended, nor named on the States debarment list at: http://bgs.vermont.gov/purchasing/debarment 22. Conflict of Interest: Party shall fully disclose, in writing, any conflicts of interest or potential conflicts of interest. 23. Confidentiality: Party acknowledges and agrees that this Agreement and any and all information obtained by the State from the Party in connection with this Agreement are subject to the State of Vermont Access to Public Records Act, 1 V.S.A. 315 et seq. 24. Force Majeure: Neither the State nor the Party shall be liable to the other for any failure or delay of performance of any obligations under this Agreement to the extent such failure or delay shall have been wholly or principally caused by acts or events beyond its reasonable control rendering performance illegal or impossible (excluding strikes or lock-outs) (Force Majeure). Where Force Majeure is asserted, the nonperforming party must prove that it made all reasonable efforts to remove, eliminate or minimize such cause of delay or damages, diligently pursued performance of its obligations under this Agreement, substantially fulfilled all non-excused obligations, and timely notified the other party of the likelihood or actual occurrence of an event described in this paragraph. 25. Marketing: Party shall not refer to the State in any publicity materials, information pamphlets, press releases, research reports, advertising, sales promotions, trade shows, or marketing materials or similar communications to third parties except with the prior written consent of the State. 26. Termination: A. Non-Appropriation: If this Agreement extends into more than one fiscal year of the State (July 1 to June 30), and if appropriations are insufficient to support this Agreement, the State may cancel at the end of the fiscal year, or otherwise upon the expiration of existing appropriation authority. In the case that this Agreement is a Grant that is funded in whole or in part by Federal funds, and in the event Federal funds become unavailable or reduced, the State may suspend or cancel this http://bgs.vermont.gov/purchasing/debarment Page 43 of 68 Grant immediately, and the State shall have no obligation to pay Subrecipient from State revenues. B. Termination for Cause: Either party may terminate this Agreement if a party materially breaches its obligations under this Agreement, and such breach is not cured within thirty (30) days after delivery of the non-breaching partys notice or such longer time as the non-breaching party may specify in the notice. C. Termination Assistance: Upon nearing the end of the final term or termination of this Agreement, without respect to cause, the Party shall take all reasonable and prudent measures to facilitate any transition required by the State. All State property, tangible and intangible, shall be returned to the State upon demand at no additional cost to the State in a format acceptable to the State. 27. Continuity of Performance: In the event of a dispute between the Party and the State, each party will continue to perform its obligations under this Agreement during the resolution of the dispute until this Agreement is terminated in accordance with its terms. 28. No Implied Waiver of Remedies: Either partys delay or failure to exercise any right, power or remedy under this Agreement shall not impair any such right, power or remedy, or be construed as a waiver of any such right, power or remedy. All waivers must be in writing. 29. State Facilities: If the State makes space available to the Party in any State facility during the term of this Agreement for purposes of the Partys performance under this Agreement, the Party shall only use the space in accordance with all policies and procedures governing access to and use of State facilities which shall be made available upon request. State facilities will be made available to Party on an AS IS, WHERE IS basis, with no warranties whatsoever. 30. Requirements Pertaining Only to Federal Grants and Subrecipient Agreements: If this Agreement is a grant that is funded in whole or in part by Federal funds: A. Requirement to Have a Single Audit: The Subrecipient will complete the Subrecipient Annual Report annually within 45 days after its fiscal year end, informing the State of Vermont whether or not a Single Audit is required for the prior fiscal year. If a Single Audit is required, the Subrecipient will submit a copy of the audit report to the granting Party within 9 months. If a single audit is not required, only the Subrecipient Annual Report is required. For fiscal years ending before December 25, 2015, a Single Audit is required if the subrecipient expends $500,000 or more in Federal assistance during its fiscal year and must be conducted in accordance with OMB Circular A-133. For fiscal years ending on or after December 25, 2015, a Single Audit is required if the subrecipient expends $750,000 or more in Federal assistance during its fiscal year and must be conducted in accordance with 2 CFR Chapter I, Chapter II, Part 200, Subpart F. The Subrecipient Annual Report is required to be submitted within 45 days, whether or not a Single Audit is required. B. Internal Controls: In accordance with 2 CFR Part II, 200.303, the Party must establish and maintain effective internal control over the Federal award to provide reasonable assurance that the Party is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the award. These internal controls should be in compliance with guidance in Standards for Internal Control in the Federal Government issued by the Comptroller General of the United States and the Internal Control Integrated Framework, issued by the Committee of Page 44 of 68 Sponsoring Organizations of the Treadway Commission (COSO). C. Mandatory Disclosures: In accordance with 2 CFR Part II, 200.113, Party must disclose, in a timely manner, in writing to the State, all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures may result in the imposition of sanctions which may include disallowance of costs incurred, withholding of payments, termination of the Agreement, suspension/debarment, etc. 31. Requirements Pertaining Only to State-Funded Grants: A. Certification Regarding Use of State Funds: If Party is an employer and this Agreement is a State- funded grant in excess of $1,001, Party certifies that none of these State funds will be used to interfere with or restrain the exercise of Partys employees rights with respect to unionization. B. Good Standing Certification (Act 154 of 2016): If this Agreement is a State-funded grant, Party hereby represents: (i) that it has signed and provided to the State the form prescribed by the Secretary of Administration for purposes of certifying that it is in good standing (as provided in Section 13(a)(2) of Act 154) with the Agency of Natural Resources and the Agency of Agriculture, Food and Markets, or otherwise explaining the circumstances surrounding the inability to so certify, and (ii) that it will comply with the requirements stated therein. (End of Standard Provisions) Page 45 of 68 ATTACHMENT D INFORMATION TECHNOLOGY PROFESSIONAL SERVICES TERMS AND CONDITIONS (rev. 06/22/2022) 1. OWNERSHIP AND LICENSE IN DELIVERABLES 1.1 Contractor Intellectual Property. Contractor shall retain all right, title and interest in and to any work, ideas, inventions, discoveries, tools, methodology, computer programs, processes and improvements and any other intellectual property, tangible or intangible, that has been created by Contractor prior to entering into this Contract (Contractor Intellectual Property). Should the State require a license for the use of Contractor Intellectual Property in connection with the development or use of the items that Contractor is required to deliver to the State under this Contract, including Work Product (Deliverables), the Contractor shall grant the State a royalty-free license for such development and use. For the avoidance of doubt, Work Product shall not be deemed to include Contractor Intellectual Property, provided the State shall be granted an irrevocable, perpetual, non-exclusive royalty-free license to use any such Contractor Intellectual Property that is incorporated into Work Product. 1.2 State Intellectual Property. The State shall retain all right, title and interest in and to (i) all content and all property, data and information furnishe