Scope of Contract

The Marihuana Regulation and Taxation Act (MRTA) shifted cannabis policy to a public health framework grounded in the principles of economic and social justice and public safety as it prioritizes and aims to repair prior policy harms. A legal and regulated cannabis market provides tested product, a transparent and local supply chain, and a robust social and economic equity plan to support communities that have been disproportionately impacted by cannabis prohibition.

Public education is a priority for NYS as the adult-use cannabis marketplace develops and grows. There is a wide gap in cannabis education, even amongst the most regular consumers, and efforts to educate consumers and priority groups are key preventive tools for adverse events, overconsumption of cannabis, accidental ingestion by young people and/or pets, and driving under the influence.

OCM is seeking to establish public education campaigns and efforts with the following


1) Education around why cannabis consumers should buy regulated cannabis products from the NYS adult-use cannabis industry as opposed to unregulated cannabis products and when the NYS Medical Cannabis Program may be the right choice for certain individuals;

2) Increase the public’s knowledge about what is legal under the Cannabis Law and OCM regulations, policies, and the public health and social & economic equity goals of OCM;

3) Increase accurate knowledge of the health impacts of cannabis use;

4) Increase perceptions of risk related to problematic use of cannabis, including

but not limited to:

a) Underage cannabis consumption

b) Cannabis use during pregnancy or while breastfeeding

c) Overconsumption of cannabis

5) Increase awareness about cannabis and conversations between trusted adults and young people related to cannabis use;

6) Increase consumer conversations with health care providers about cannabis use including for pregnant and breastfeeding individuals;

7) Increase knowledge around safer, legal, and responsible cannabis use among adult consumers in New York, including messages to address: safe storage of cannabis products, cannabis impaired driving, and public health education for different key populations

8) Reduce cannabis-related stigma.

OCM may need campaigns to be done on an expedited timeframe, particularly if there is a pressing public health issue or safety concern.

2.2 Work Products

In order for OCM to effectively communicate with the public at large, the Contractor will develop user-generated, people-first campaigns and shall be responsible for providing the following services:

2.2.1 Work Product 1: Campaign Concept Development

OCM anticipates implementing two campaigns per contract year. The Vendor will pitch three campaign concepts and messages per campaign. Concept options should be designed to provide a brief overview of ideas, messaging, potential content to allow OCM staff to evaluate and select a final campaign proposal on which they can proceed. Concepts pitched based on a project brief should be appropriate for the target audience(s), including languages, campaign objectives, and adaptable to reach via paid advertising, promotional events, consumer materials, and OCM digital accounts.

The Contractor will be required to pitch the concept(s) in a meeting, as well as provide written/visual materials to OCM.

OCM will pick one concept per campaign for execution. Following OCM sign off on a Public Health Campaign Concept, the Contractor will complete and submit a Campaign Workplan for review and approval by OCM. This workplan must be submitted to OCM within ten business days of concept approval unless otherwise mutually agreed upon.

OCM and the Contractor will review and mutually approve a final workplan within ten business days of initial submission. The Campaign Workplan is designed to provide a comprehensive timeline of all campaign activities, including a timeframe for material development and implementation.

This work product must be completed by the Prime Contractor and cannot be subcontracted out.

Estimated number per contract year: up to six proposed campaign concepts.

2.2.2 Work Product 2: Audio/Video Production

Audio/Video assets will be produced based on the selected campaign concepts and messages developed in Work Product 1: Message/Concept Development. Producing culturally relevant campaign videos are an effective way to engage and educate target audiences. Growing media trends such as audio advertisements on podcasts, streaming radio, or other applications, are a new and key space for public education. Audio assets will also be produced per campaign. Audio/Video assets produced for each campaign should engage and inform target audiences by depicting community ties, language and experiences that resonate with them.

The Contractor and/or their subcontractors, as applicable, will develop videos/audio on identified messages and format them in collaboration with OCM. Scripting will be reviewed and approved by OCM staff before production begins. Audio/Videos produced in non-English languages may not be a direct translation of the English advertisements and may require adjustments to best resonate with each target audience. This includes, but is not limited to:

1) Presenting a timeline, budget, and production workplan for OCM approval;

2) Developing scripts and storyboards for the different content areas/messages;

3) Based on OCM’s identified messages and objectives, providing a template for the video that includes an outline of key concepts, visuals, language(s), potential talent prior to producing the videos;

4) Sourcing all talent, location scouting, animation, graphics and/or audio/visual material in identified languages needed to develop the videos;

5) Producing videos ranging from six seconds to three-minutes long and/or audio files in identified languages that amplify identified messages for digital, broadcast, social media, or out of home based on media buy placements;

6) Addressing comments or edits on behalf of OCM and focus group testing; and

7) Editing and cutting created audio and video content to produce video dimensions for posting on OCM channels and confirmed media platforms.

Estimated number per contract year: An estimated range of 10-20 original audio/video assets (10 per campaign) and an estimated range of 4-15 cuts per audio/video asset with an estimated range of 3-9 different formats. Final determination of the number of the assets will be based on media purchasing recommendations.

This work product component may be conducted by the Contractor or subcontracted to  an external vendor with demonstrated experience in performing the above. All subcontractors are subject to approval by OCM.

2.2.3 Work Product 3: Focus Group Testing and Reporting

Engaging members of the target audience is a key step in designing public education  campaigns. Without message testing or presenting assets in close to final form to a focus

group, mass public education campaigns may fail to engage the audience and at worst, break trust and cause harm to the audience it seeks to reach. Prior to campaign launch, messaging and creative materials must undergo testing to gain feedback on campaign and creative assets, content, and goals from the target audience through focus groups.

These insights will inform final assets and considerations for campaign and creative design, media buys, and distribution and materials will be optimized based on feedback from this stage of the process.

This includes, but is not limited to:

1) Conducting an initial discovery session with OCM and OCM-identified subject matter experts;

2) Presenting a timeline and workplan for OCM approval;   

3) Designing and presenting for OCM approval strategies for research and message testing, including but not limited to, focus group recruitment tools, moderators, discussion content and questions that will meet objectives and are informed by culturally competent practices;

4) Overseeing logistics, recruitment, incentivization, and facilitation of focus group testing in languages identified;  

5) Providing a top line report within two business days after each phase of focus group testing to ensure actionable feedback and the ability to meet tight turnaround times with any campaign optimization;

6) Facilitation of post focus group de-brief meeting(s) to work with all campaign partners/necessary subcontractors to discuss campaign optimization;

7) Providing a written report with findings for creative optimization and to enhance understanding of the topics at hand.

This work product component may be conducted by the Contractor or subcontracted to an external vendor with demonstrated experience in performing the above. All subcontractors are subject to approval by OCM.

Estimated number per contract year: Up to 15 focus group engagements

2.2.4 Work Product 4: Static Design

Design of static assets suitable for out of home and digital advertising based on selected campaign concept (Work Product 1). Static Designs include assets in all languages and formats as determined by the campaign project appropriate for placements such as banner ads, pop-up windows, social media, billboards and mass transit, and other formats as directed by OCM and media buyer.

This includes, but is not limited to:

1) Presenting a timeline and workplan for OCM approval;  

2) Designing assets using the messaging, fonts and color schemes as approved in Work Product 1 and based on creative evolution of the campaign and focus group tested feedback;

3) Providing image files in the various file types as required by OCM and the media buyer.

This work product component may be conducted by the Contractor or subcontracted to an external vendor with demonstrated experience in performing the above. All subcontractors are subject to approval by OCM.

Estimated number per contract year: An estimated range of 25-100 original designs, with an estimated range of 100-240 formatted design variations per year.

2.2.5 Work Product 5: Supporting Material Design

Design of campaign supporting materials that may include infographics, toolkits, fact sheets, booklets, posters, pamphlets, or other supporting materials for print. Supporting materials may also include design for goods such as apparel and promotional items.

This includes, but is not limited to:

1) Conducting an initial discovery session with OCM and OCM-identified subject matter experts;

2) Presenting a timeline and workplan for OCM approval;  

3) Presenting design options for different sets of materials;

4) Providing edits to print materials based on OCM feedback and any focus group testing as applicable.

This work product component may be conducted by the Contractor or subcontracted ton an external vendor with demonstrated experience in performing the above. All subcontractors are subject to approval by OCM.

Contractor and/or subcontractors are not responsible for printing these items.

Estimated number per contract year: An estimated range of five to 15 assets per


2.2.6 Work Product 6: Website Development

It is anticipated that one website will be developed for each campaign based on Work

Product 1. Campaign websites and pages should extend identified messages and goals for the target audience. Campaign websites are intended to reach groups that are not the traditional main audience for government hosted websites, such as young people or seniors. The campaign site will have added value to the campaign with call-to-action messages and opportunities for the audience to engage with key messages in more depth.

This includes:

1) Presenting a timeline and workplan for OCM approval;

2) Pitching UX design effective for target audiences and producing any additional creative content appropriate for website formatting;

3) Advising and collaborating with OCM on site copy and content;

4) Providing OCM a concept test site in Figma or similar platform for approval and

feedback during focus group testing; and

5) Launching and maintaining website with OCM approval and conforming to NYS

ITS and security protocols.

Data gathered through the website shall be securely stored and provided to OCM. The Contractor will establish a mechanism for OCM to receive data collected on mutually agreed upon timeframes. Website analytics and data sets identified by OCM during workplan development such as traffic source, session duration, downloads, etc. must be reported in mutually agreed upon timeframes to OCM. These will also be presented to

OCM for optimization and compiled in a written report at least quarterly. The Contractor will work in collaboration with OCM and ITS to transition the maintenance of the website to NYS at an agreed upon timetable.

This work product component may be conducted by the Contractor or subcontracted to an external vendor with demonstrated experience in performing the above. All subcontractors are subject to approval by OCM.

Estimated number per contract year: Up to two websites per year, one per campaign

2.2.7 Work Product 7: Additional Creative Media and Marketing Services

For the duration of the contract, OCM may require the Contractor to provide additional services that fall outside the creative media and marketing services in section 2.2.1 through 2.2.6. and priced per hour. These additional services may include the following areas:

1) Graphic Design and Motion Graphics

2) Video Production

3) Micro-Campaigns (time bound- limited requests)

These specific tasks if performed under the scope of the contract will be intermittent, the completion of which will be required within the timeframes prescribed in a request, typically within a three-week span. OCM will initiate the request for other creative media and marketing services utilizing the process detailed below:

1) OCM will submit the request via email to the Contractor. The request will include the specific work products required and may include the timeframe in which it will be completed.

2) The Contractor must draft a Statement of Work plan (SOW) to complete the work products requested and the SOW must include the total number of hours for the requested projects and the corresponding estimated number of hours per title to complete the work products and a timeline to complete the task order request.

3) Upon receipt of the SOW, OCM will review the SOW and negotiate any changes deemed necessary prior to OCM final approval.

2.3 Meetings

After contract award, the Contractor must attend a contract kickoff meeting. The contract kickoff meeting will be held in person or, at the discretion of OCM, remotely via conference call. At the contract kickoff meeting, the Contractor will be expected to have the Account Executive present along with any proposed project staff and subcontractors. OCM will include the relevant subject matter experts across OCM at the contract kickoff meeting and throughout the course of the project.

When work product requests commence, the Account Executive proposed by Contractor must facilitate weekly status updates to the OCM Designated Project Director and Project Team until project launch, including discovery sessions at project start and as required under each work product above. The Account Executive must also attend any meetings scheduled by NYS and be prepared to provide updated progress of work products, such as those with third parties working on the project. It is anticipated that most of these meetings will occur via web conferencing, e.g., through WebEx, Teams, or equivalent.

2.4 Implementation and Project Management

The Contractor must assign an Account Executive to oversee all work performed and to be the primary interface between the Contractor’s staff and OCM. The Contractor shall provide formal mechanisms for NYS input throughout the work product process and shall work with NYS staff throughout the campaign. Contractor must:

1) Host discovery sessions as outlined in Section 2.2 with OCM and selected

subject matter experts from OCM;

2) Develop and maintain a detailed timeline and workplan, to be approved by OCM within ten business days for Work Products 2.1 – 2.6 unless otherwise agreed upon;

3) Coordinate meetings with OCM, subcontractors (if any) and external parties as needed or requested by OCM; and

4) Provide planning and guidance for purposes, including but not limited to, budgeting, strategy, and demographic research.

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