Negotiations related to hiring NCEL ad agency of record

Charles Zhang filed this request with the North Carolina Education Lottery of North Carolina.
Est. Completion None
Status
Partially Completed

Communications

From: Charles Zhang


To Whom It May Concern:

Pursuant to the North Carolina Public Records Law, I hereby request the following records:

1. all documents submitted to the North Carolina Education Lottery ('NCEL') by contractors in connection to the NCEL's January 31, 2019 request for proposal ('RFP'; https://nclottery.com/Content/Docs/RFP_ProfessionalAdvertisingMediaAndRelatedServices.pdf), including but not limited to Phase 1 and Phase 2 submissions.

This data is subject to the public records law as noted in the RFP, section 1.3:

"All Proposals, data, materials and documentation originated, prepared and submitted to the
NCEL pursuant to this RFP shall belong exclusively to the NCEL and may become available to
the public in accordance with the North Carolina Public Records Act as provided in N.C.G.S.
§132-1 et. seq. (the “Public Records Laws”). The NCEL will make reasonable attempts to
maintain, in accordance with the Public Records Laws and the Act and all applicable laws of its
domicile, the State of North Carolina and the United States of America (all of the forgoing being
collectively defined as, the “Applicable Laws”), the confidentiality of any trade secrets or
confidential information that meets the requirements of N.C.G.S. §132-1.2 of the Public Records
Laws (collectively, “Confidential Information”) if such Contractors properly and conspicuously
identify the particular data or other materials which are Confidential Information in accordance
with the Public Records Laws."

2. emails and reports generated by NCEL or NCEL employees between September 30, 2018 and September 30, 2019 that mention the NCEL's request for proposal, the words "advertising" or the name of contractors that submitted Phase 1 and Phase 2 documents (including but not limited to Wunderman Thompson, Spurrier Group, JWT and Mullen Lowe).

If possible, please provide these in electronic form.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

Charles Zhang

From: North Carolina Education Lottery

Good morning Mr. Zhang. I was forwarded your faxed public records request for fulfillment. It appears that you have our old contact information. Please be aware that Ryan Kennemur has not been employed with the North Carolina Education Lottery for over 3 years. Unfortunately, your email to him was never received. In addition, the NCEL's headquarters has moved since 2016. Please note our current address below. You can always go directly to our website for updated contact information, including the proper person at the NCEL to submit your inquiries.

We are working on part one of your request. Please note that any proposals submitted will be the redacted version, as some information is deemed confidential/trade secret by the submitting vendors.

The second part of your request will take some time to compile. You requested all emails and reports generated by the NCEL or NCEL employees for one year between September 30, 2018 through September 30, 2019 pertaining to the words "advertising" or the name of contracts that submitted Phase 1 and Phase 2. We awarded the contract to JWT and Spurrier; therefore, many of the communications during this time period will encompass advertising projects. I will need to review each and every emails to ensure that they are deemed a public record and that they do not contain confidential/trade secret information.

If you have any further questions, please feel free to contact me directly.

Sincerely,
Quan T. Kirk
General Counsel
Legal Department

2728 Capital Blvd. Suite 144, Raleigh, NC 27604
O 919.301.3427 M 919.337.8126 F 919.715.8833

Please Play Responsibly

nclottery.com<http://nclottery.com/> / facebook<https://www.facebook.com/nclottery> / twitter<https://twitter.com/nclottery>
[cid:image002.png@01D2D463.56E896A0]

________________________________

E-Mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.

From: North Carolina Education Lottery

Good morning Mr. Zhang. Per your public records request, attached please find the redacted proposals from the vendors that responded to Phase 1 and Phase 2 of the NCEL advertising RFP. Due to the size of the files, you will need to download them from our file sharing site, Liquidfiles.

Per my last communication with you, it will take us a while to compile the responses to your second request for emails pertaining to the vendors and the term "advertising" comprising of one entire year's worth of communications.

Sincerely,
Quan T. Kirk
General Counsel
Legal Department

2728 Capital Blvd. Suite 144, Raleigh, NC 27604
O 919.301.3427 M 919.337.8126 F 919.715.8833

Please Play Responsibly

nclottery.com<http://nclottery.com/> / facebook<https://www.facebook.com/nclottery> / twitter<https://twitter.com/nclottery>
[cid:image002.png@01D2D463.56E896A0]

Files attached to this message
Filename Size Checksum (SHA256)
Clean + North Carolina Education Lottery Phase I Proposal (1).pdf 39.1 MB df0aafffdda6944accb39b098f010f48b96d249c8d57f19645ef250fec66baa0
Clean + North Carolina Education Lottery Phase I Proposal.pdf 39.1 MB 6059a093a624dc89c31b3f172c02d56cf2aefc4464b276b99f9443ac17c0208e
Clean + North Carolina Education Lottery Phase II Proposal (1).pdf 51 MB 35e3f06c5ec8a63b37022804c5ea57d87c25dcf4aead9ed7a772e66e14aae7a8
MullenLowe_Mediahub_Redacted (1).pdf 9.21 MB c20bbffb8d27b7a7b35d8c222f9a7719a03f5ec035d3eb1067628ebcb997cfdf
MullenLowe_Mediahub_Redacted.pdf 9.21 MB ab4c6ef673abb1350a9261297bf0004244a6ac533b3b87743b3d78ea120f02c7
NCEL_Book_FINAL_W_CompassPoint_Redacted (1) (1).pdf 4.66 MB 574160dabd5d6404b05fa98fe5b5fe02034265c598afa18a027be18ab2f44d2e
NCEL_Book_FINAL_W_Fitzco_Redacted (1) (1).pdf 20 MB e336292ed18c28fce9b7dcce3ae36d436152050be7d1a1c7feb1c68940fac50d
REDACTED_JWT NC-Lottery-RFP (1).pdf 90.8 MB 995aec619207f8a952c08651a9d1d20b0f97c6d3058a8d16db2b6fb98a8c5e26
REDACTED-Spurrier NC-Lottery-RFP (1).pdf 4.98 MB 6802a8d70bfc47c92989482a32186d219978bb7a60f0e57b818ca77ef70e0919
TBC RFP-REDACTED (1).pdf 4.6 MB d8f73c82af02163c31ea4693099f67785448d0269a83776c751ba83a24506b10
TBC RFP-REDACTED.pdf 4.6 MB b68e239dfee2eec5993f17adc826c70d0d6b313bb26ae377d8b4fedb89a0cfe4
Wunderman-NC-Lottery-RFP_Redacted (1).pdf 7.5 MB 1811d711f6c6eb567bccf0f065ea14a4a50640b8ea0c9e736f51c613f631670a

Please click on the following link to download the attachments: https://pdcliquid.lotterync.net/message/Xte5bCYKSkNIY12bblRoD6

This message or download link can only be forwarded to other local users at pdcliquid.lotterync.net.

The attachments are available until: Tuesday, 3 December.

Message ID: Xte5bCYKSkNIY12bblRoD6

________________________________

E-Mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.

Files