09 230000002409 - Amendment 2.docx

Michigan.gov/MiProcurement

RFP 230000002409

AMENDMENT 2

Request For Proposal No. 230000002409 Michigan Bureau of State Lottery Instant Game, Pull-Tab, and Charity Game Tickets

1) Page 1: The Event Table has been updated changing the Proposal Deadline and is rescheduled to Friday, September 1, 2023, at 1:00 p.m. Eastern.

2) Page 33 of Schedule A1: Section 8.1. Acceptance, Inspection and Testing has been updated so to read “Acceptance will be based upon the: a. Process as defined in Section 17, Acceptance, of the Standard Contract Terms and Conditions;”.

3) Page 4-5 of Schedule A1: Section 1.4 Trademark and Service Mark Searches has been updated to read, “During the term of the contract, no less than 60 calendar days in advance of game production or promotion, Contractor will conduct trademark and service mark searches for all printed product and digital instant game names, or any promotional names associated with these games that are not owned by the contractor.

The contractor must provide the Bureau with a written legal opinion as to the permissible use of each game name based upon a search of registrations and applications of registrations filed with the United States Patent and Trademark office. The contractor must also provide the legal opinion, along with any required registration documentation, to other applicable state agencies and appropriate sources as determined necessary by the Bureau.

Where contractor does not own or have licensed use of any game name or artwork, it is understood that: Contractor’s indemnification obligations outlined in the contract apply, the Bureau is under no obligation to undergo an independent inquiry, and agreement to the working papers or any other approval by the Bureau does not waive, diminish, or otherwise limit contractor’s indemnification obligations. The Bureau relies on the contractor to perform a diligent inquiry into the permissible use of all artwork associated with a game, even if employees of the Bureau are involved in the general design or review of such artwork, and it is agreed that contractor’s indemnification obligations can only be waived or limited by a written amendment to the contract that is specific to the game, the name or artwork at issue, and signed by both the contract administrator and Program manager. Anything less, such as emails or statements on working papers are ineffective.

a. All trademarks and service marks identified by the contractor for Bureau usage will become the property of the State of Michigan. The Bureau will be responsible for registering all trademarks and service marks in the name of the State of Michigan.

b. The Bureau shall be responsible for renewing all trademarks or service marks, as required, in the name of the State of Michigan.

c. For trademarks and service marks owned by the contractor, the contractor will provide a letter warranting its ownership and provide the Bureau with a non-exclusive, non-transferable, non-sub-licensable license to use the trademark or service mark.

d. Upon approval of denial of trademark, the contractor shall provide the Program Manager or designee with a copy of the signed registration or denial.

e. The initial cost of trademarking each game name is the responsibility of the contractor and shall be deducted in each game’s Working Papers to reimburse the Bureau.

f. The cost of renewing any game name trademark is the responsibility of the Bureau.

4) Page 3 of Schedule A1: Section 1.2 Scene/Color Pulsing has been updated to read, “Where a game order includes scene pulses, color pulses, or other changes in the appearance of tickets contained in the same print run, all such changes are presumed to be provided by contractor at no additional charge unless and only if the total costs for such changes are expressly identified and itemized within the pricing page of the associated working papers.”

5) Page 24 of Schedule A1: Section 3.5.(C) Security Program bidder box has been changed to reflect that the Security program should be labeled as Exhibit 1 to Schedule D.

6) Schedule B1: Scratch My Back, cell V2 has been changed to Cost/Th.

7) Page 4 of Schedule A1: RFP Structure and Documentation table has been updated to reflect the addition of Schedule D.

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