State of Oklahoma Oklahoma Department of Commerce

1. Solicitation #: FY12-29-Mexico 2. Solicitation Issue Date: August 2, 2011 3. Brief Description of Requirement:

Solicitation

The Oklahoma Department of Commerce is requesting Statement of Qualifications from persons or firms interested in serving as the representative in the Department's International Trade Office for Mexico. The person or firm selected must have experience in export development and assistance, foreign investment recruitment, knowledge of the local culture and customs, and the ability to open doors in the business and governmental communities. To be considered, persons or firms interested in serving as the Department's Mexico Representative must submit their qualifications in accordance with this Request 3. Response Due Date: August 17, 2011 Time: 3:00 PM CST/CDT

4. Issued By and RETURN SEALED BID TO: Agency Name: Oklahoma Department of Commerce U.S. Postal Delivery: 900 N. Stiles, Oklahoma City, OK 73104 Carrier Delivery: 900 N. Stiles, Oklahoma City, OK 73104 5. Solicitation Type (type X at one below): Invitation to Bid Request for Quote 6. Shipping Location: Oklahoma Department of Commerce 900 N. Stiles Avenue Oklahoma City, OK 73104-3234 7. Contracting Officer Name: Cindy Fenimore Phone: 405.815.5100 Email: cindy_fenimore@okcommerce.gov

Request for Proposal

THE OKLAHOMA DEPARTMENT OF COMMERCE REQUEST FOR STATEMENT OF QUALIFICATIONS PERFORMANCE BASED CONTRACT The Oklahoma Department of Commerce (hereinafter, the ''Department'') is requesting Statement of Qualifications from persons or firms interested in serving as the representative in the Department's International Trade Office for Mexico (hereinafter, the ''Mexico Representative''). The person or firm selected must have experience in export development and assistance, foreign investment recruitment, knowledge of the local culture and customs, and the ability to open doors in the business and governmental communities. To be considered, persons or firms interested in serving as the Department's Mexico Representative must submit their qualifications in accordance with this Request for Statement of Qualifications. THE OKLAHOMA DEPARTMENT OF COMMERCE INTERNATIONAL TRADE OFFICES The Oklahoma Department of Commerce International Trade Offices are responsible for providing services in three international areas: export promotion, foreign direct investment, and promoting tourism and educational opportunities available in the state of Oklahoma. To meet these responsibilities, Oklahoma law allows the Department to establish offices outside of the State (hereinafter, the ''International Trade Offices''), and to enter into contracts with qualified persons or firms to provide services from these offices. The Department currently maintains International Trade Offices in three (3) countries or regions which have been selected because of foreign investment opportunities or market potential for Oklahoma products. The Department's International Trade Office in Mexico is responsible for providing business services within Mexico. The Department will provide appropriate signage and other materials to clearly identify the office. Once designated, any change in the principal office location must be approved by the Department. SCOPE OF SERVICES The person or firm selected as the Mexico Representative will be expected to provide the following services: (i) Export Promotion. The Mexico Representative will be responsible for being knowledgeable with the State of Oklahoma's current exporting capability and available products for export. The Mexico Representative will make all reasonable efforts to provide assistance to Oklahoma companies in identifying new markets, locating specific buyers and expanding existing export markets. In efforts to promote the export of Oklahoma products, the Mexico Representative shall use his/her knowledge and experience in the fields of marketing, consulting and research as directed by the Department. In order for the Mexico Representative to promote the Oklahoma business community and efficiently match Oklahoma manufacturers with specific leads, the Mexico Representative must understand the makeup of the Oklahoma business community, including details on its industries, demographics, etc. The Mexico Representative must also work with the Department's employees to provide support, guidance and 1

information on various companies and targeted Oklahoma products. This information will include a general listing of all Oklahoma manufactured products, detailed information on products in specific targeted categories and specific assistance requests received from Oklahoma companies. As a regular part of its activities, the Mexico Representative will be expected to counsel and assist visiting Oklahoma companies. Counseling could include, but is not limited to, insight on tariff and non-tariff trade barriers, import regulations, policies and product standards, domestic competition, individual competitor firms and competitive factors, distribution practices and how and through what media and methods products/services are effectively promoted in that market. The Representative will also provide assistance with Oklahoma trade missions to any country within Latin America. Additionally, the Representative may be tasked to support the catalog/video trade show program for trade show participation in Mexico. Trade/video/catalog show responsibilities would include: 1. 2. 3. 4. 5. Coordination of efforts with the Department; Liaison and coordination with the trade show sponsors and the Department; Act as the Department's representative at the trade show; Develop trade leads as a result of trade show; and Submission of an after-show report to include the listing of trade leads for show participants.

(ii) Foreign Investment Attraction. The Mexico Representative will be expected to market Oklahoma as a potential investment site for Mexican corporations and identifying prospective investors that may be interested in expanding their operations within the United States. The Department will assist in all aspects of encouraging foreign investment. Information on possible site locations, suitable buildings and other specific labor, financing and economic data, tax and other business incentives that prospects may require in their investment considerations should be provided whenever requested. The Representative will also provide assistance in organizing investment missions to Oklahoma. The Representative will also provide assistance to support outward foreign direct investment missions to Mexico. The Representative will also provide assistance with Oklahoma foreign direct investment call trips to Mexico. Additionally, the Representative may be tasked to support trade show participation in the market they represent. Call trips and Representation will include but not limited to: 1. Coordination of efforts with the Department; 2. Identification of leads and appointment setting; 3. Act as the Department's representative at the trade show (if applicable); 4. In-country assistance to the Oklahoma delegation; and 5. Submission of an after-show/call trip report to include listing of foreign direct investment leads. The Representative must have industry knowledge for key Oklahoma foreign direct investment targets, listed below. The Representative must also have an established data

base of companies, government officials and the foreign diplomatic network within Oklahomas key foreign direct investment industries: Traditional Energy Renewable Energy (Wind, Solar, Battery Storage) Aerospace and Defense (Military and Defense systems, UAV, MRO, R&D, OEMs, Engines and parts, advanced materials including electronics and composites; and Modeling and Simulation). Advanced Manufacturing Warehouse, Distribution and Logistics Biotechnology (Research, testing and laboratories; Medical devices and equipment; Drugs and Pharmaceuticals; Agriculture feedstock & chemicals) (ii) Marketing the State of Oklahoma. The Mexico Representative might be asked to assist with various marketing efforts or trade missions that include tourism or education components in the state. The Representative should encourage recreational and educational visits to and exchanges between Oklahoma and Mexico.

STATEMENT OF QUALIFICATIONS CONTENT Each submission is to contain specific responses to each of the following requests. Respondents are encouraged to respond fully to each inquiry, but to be as concise as possible. Submit the response to each item on a separate page, with the item reproduced at the top of the first page of the response: 1. Submit a cover letter summarizing your qualifications. The cover letter should specify that the signatory is legally authorized to commit the respondent to all terms and conditions contained in the response. Please limit the cover letter to no more than two (2) pages. 2. Provide general information regarding the respondent. Include a detailed description of the firm, covering ownership, organizational structure, size and capitalization, and describe any pending changes in the composition or ownership of the firm. Please specifically include the respondent's correct legal name, address, telephone and facsimile numbers. Please detail the respondent's previous international trade and investment experience. 3. Assuming a budget of $60,000 (USD) per year please set forth in detail how the respondent intends to provide the requested representation. Final compensation to the successful bidder will be negotiated. The Department will enter into a contract with the successful bidder for the rendering of professional services. The successful bidder will be responsible for all costs of providing the office and services from the fee paid by the Department. Please include a description of the city in which the Department's Mexico office will be located and a justification for it. If known, please also indicate a street address. In addition, please provide a list of the individual employees of the respondent, if any, which will be working in this office. Also, please describe the role of each individual and discuss whether they will be available on a

full or part-time basis. Include a resume of each individual's education, training and experience. 4. Provide three (3) references from prior international trade or investment transactions in which the respondent has participated. The references should be a governmental or business official with whom your firm worked closely on each transaction. For each reference, provide the individual's name, title, mailing address and telephone number. 5. Provide a summary of any inquiries, investigations or litigation over the past five (5) years (including those that are currently active) that concern any involvement by the respondent or its employees with international trade or investment transactions. Include a description of any action taken against your firm or employees by any court or regulatory authority, including fines, suspensions, censure, etc. 6. Provide information on foreign direct investment successes that you have identified and assisted. CONTRACTUAL RELATIONSHIP (i) Performance. The Department and the Mexico Representative will agree to a set of performance requirements and expectations, which will be clearly stipulated in an addendum to the contract. Performance requirements and expectations will be subject to a review annually or at shorter intervals, as necessitated by extraordinary circumstances, such as a major change in the economic environment or the budget available. Compensation. Compensation to the Mexico Representative is dependent upon the availability of funds as allocated by the Oklahoma State legislature on an annual basis. Reduced funding could result in diminished output expectations for the Mexico Representative. The terms of any Contract resulting from the solicitation and any Purchase Order issued for multiple years under the Contract are contingent upon sufficient appropriations being made by the Legislature or other appropriate government entity. Notwithstanding any language to the contrary in the solicitation, purchase order, or any other Contract document, the Department may terminate its obligations under the Contract if sufficient appropriations are not made by the Legislature or other appropriate governing entity to pay amounts due for multiple year agreements. The Departments decision as to whether sufficient appropriations are available shall be accepted by the supplier and shall be final and binding. Duration and Renewal of Contract. The Department will enter into a one-year contract with the Mexico Representative. The Department reserves the right to renew the annual contract with the Mexico Representative for up to five (5) years. Annual renewal of the contract will be dependent upon an evaluation of the Mexico Representatives performance, funding availability and an evaluation of the need for representation in Mexico. Contract Termination. The contract between the Department and the Mexico Representative may be terminated due to unsatisfactory or non-performance. Additional conditions for terminating the contract could be man-made and/or natural disasters affecting the implementation of the contract. Both the Department and the Mexico Representative have the right to terminate the

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

contract at will with a thirty (30) day notice in writing to the other party. Additionally, the Department reserves the right to terminate the contract without penalty and upon its discretion in the event that there is a change of ownership or control of the Mexico Representative. Likewise, the Mexico Representative will have the discretion to cancel the contract in the event that there is a shift of responsibility for management of the international trade offices away from the Department. Choice of Law. Any claims, disputes, or litigation relating to the solicitation, or the execution, interpretation, performance, or enforcement of the Contract shall be governed by the laws of the State of Oklahoma. Venue for any action, claim, dispute or litigation relating in any way to the Contract shall be in Oklahoma County, Oklahoma. Audit and Records Clause a. As used in this clause, records includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. In accepting any Contract with the State, the successful bidder(s) agree any pertinent State or Federal agency will have the right to examine and audit all records relevant to execution and performance of the resultant Contract. b. The successful bidder(s) awarded the Contract(s) is required to retain records relative to the Contract for the duration of the Contract and for a period of seven (7) years following completion and/or termination of the Contract. If an audit, litigation, or other action involving such records is started before the end of the seven (7) year period, the records are required to be maintained for two (2) years from the date that all issues arising out of the action are resolved, or until the end of the seven (7) year retention period, whichever is later. Contract Modification a. The Contract is issued under the authority of the Department. The Contract may be modified only through a written Contract Modification, signed by the Department official. b. Any change to the Contract, including the addition of work or materials, the revision of payment terms, or the substitution of work or materials, directed by a person who is not specifically authorized by the Department in writing, or made unilaterally by the Supplier, is a breach of the Contract. Unless otherwise specified by applicable law or rules, such changes, including unauthorized written Contract Modifications, shall be void and without effect, and the Supplier shall not be entitled to any claim under this Contract based on those changes. No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in the resultant Contract. Award of Contract a. The Department may award the Contract to more than one bidder, or may award the Contract on an ALL OR NONE basis, whichever is deemed to be in the best interest of the Department. b. In order to receive payments, non-U.S. suppliers who are not registered on the State of Oklahoma Vendor Registration List must complete a W-8BEN

(ix)

(x)

(xi)

(www.irs.gov/pub/irs-pdf/fw8ben.pdf). Failure to do so may delay contract award. Bids Subject to Public Disclosure a. Unless otherwise specified in the Oklahoma Open Records Act, Central Purchasing Act, or other applicable law, documents and information a bidder submits as part of or in connection with a bid are public records and subject to disclosure. Bidders claiming any portion of their bid as proprietary or confidential must specifically identify what documents or portions of documents they consider confidential and identify applicable law supporting their claim of confidentiality. The Chief Administrative Officer of the Department shall make the final decision as to whether the documentation or information is confidential. Employment Relationship a. The Contract does not create an employment relationship. Individuals performing services required by this Contract are not employees of the State of Oklahoma or the Department. The suppliers employees shall not be considered employees of the State of Oklahoma nor of the Department for any purpose, and accordingly shall not be eligible for rights or benefits accruing to state employees. Certification Regarding Debarment, Suspension, and Other Responsibility Matters a. The prospective primary participant and any subcontractor certifies to the best of their knowledge and belief, that they and their principals or participants: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal, State or local department or agency; ii. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) contract; or for violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph A.5.1.2. of this certification; and iv. Have not within a three-year period preceding this application/proposal had one or more public (Federal, State or local) contracts terminated for cause or default. b. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to its solicitation response.

By submitting a response to this solicitation:

QUESTIONS CONCERNING THE REQUEST FOR QUALIFICATIONS Questions concerning this Request for Qualifications may be emailed no later than August 10, 2011 to: Cindy Fenimore, Procurement Director E-mail: cindy_fenimore@okcommerce.gov All questions and subsequent answers will be posted to the ODOC website at: http://www.okcommerce.gov/Commerce/Become-A-Commerce-Vendor It is the responsibility of all prospective vendors check the website frequently for questions and answers and/or amendments to the solicitation. QUALIFICATIONS SUBMISSION One original and three (3) copies of your qualifications must be received at the following address no later than 3:00 p.m. on Wednesday, August 17, 2011. Qualifications must be clearly marked: ''Qualifications to Provide International Services for Mexico''. Qualifications received after the deadline will be returned unopened. Qualifications must be submitted to: Cindy Fenimore Central Purchasing Officer Oklahoma Department of Commerce 900 North Stiles Oklahoma City, Oklahoma 73104-3234 U.S.A. The Department assumes no responsibility for expenses incurred in the preparation of responses to the request. The Department reserves the right to reject any and all responses. Additionally, the Department reserves the right to: (i) waive irregularities in any responses; (ii) request clarification of any information submitted; and (iii) negotiate with the firm submitting the best response to secure more favorable conditions. EVALUATION PROCESS A review committee will examine each response submitted and prepare rankings of the qualifications of each response. The findings of the review committee will be presented to the Director for final selection. Prior to the selection, the Department may elect to conduct interviews with finalists. If interviews are to be held, the finalists will be notified of the date and time. The Department expects a final selection on or before Wednesday, August 31, 2011.

EVALUATION CRITERIA Qualification proposals will be evaluated on the basis of their responsiveness to the items contained in the ''Qualification Content'' section of this Request for Qualifications. It is expected that the review committee will rank responses according to the following weights: Criterion Previous experience in export assistance and investment attraction Stability, integrity, and reputation of the bidder Quality and level of staffing Understanding of and responsiveness to RFQ Weight 50% 30% 10% 10%