2014 - MGC_CMS_RFR_Questions and Response 11-10-2014.docx

DOCX document 95 KB Posted

Attached to
MGC Central Monitoring System
Solicitation number
BD-15-1068-1068C-1068L-00000001399
Issued by
Suffolk County, Boston City, Massachusetts

About this file

This document is a Questions and Responses file related to a Request for Response (RFR) issued by the Massachusetts Gaming Commission (MGC) for a Central Monitoring System (CMS) for Electronic Gaming Devices (EGDs) within Massachusetts gaming facilities. The RFR seeks a vendor to provide the design, development, implementation, lease, operation, and maintenance of the CMS, which will connect each MGC-regulated gaming facility and all EGDs to a central computer system. The CMS will monitor, collect, and report on various gaming activity metrics. Proposals are due by November 17, 2014, and the initial contract term is 10 years, with an option to extend up to 15 years.

The RFR indicates that the CMS vendor will be responsible for providing and maintaining the necessary hardware, software, network connectivity, and staffing to operate the system. The vendor will be compensated through a flat monthly fee, which will include startup costs for equipment and wiring at each gaming facility. The RFR specifies certain technical and operational requirements for the CMS, such as data reporting, system redundancy, and disaster recovery capabilities. The selected vendor will be subject to background checks and will not be allowed to have conflicts of interest with Massachusetts gaming licensees.

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Questions to & Resposnses from the Massachusetts Gaming Commission’s Procurement Management Team

Response Person
RFR Ref #
RFR Page #
Question
Response
1.
Derek/Agnes
1
6
Section 1 states that “The MGC may enlist the services of a firm with experience to assist the MGC in regulating licensees consistent with the criteria included in this RFR and set forth in the Gaming Act and the MGC’s regulations.”

As such, in the event that the Commission awards a contract for a Central Monitoring System, could the Procurement Management Team (PMT) please confirm that the vendor will be subject to licensing in accordance with Chapter 31 of the Act?

Additionally, could the PMT please confirm whether system development activities can begin prior to completion of the licensing process?

If the Commission awards a contract for a central monitoring system, the vendor will not be subject to licensing as a result of payments from this procurement. Payments will be made directly to the CMS vendor from the MGC, and not one of the licensees. However, the vendor will be subject to a background check as referenced in 5.7.7.1 and 5.9

2.
John/check with Legal
1.2 and 5
7 and 27
Section 1.2 provides that “the apparent successful bidder will also be required to have no conflicts of interest with any gaming licensees or potential partners/contractors/subcontractors to gaming licensees.”

Similarly, Section 5 provides that “the qualified bidder will have no current or on-going work with a gaming licensee in Massachusetts.”

Potential vendors for the CMS are likely to market other gaming technology goods and/or services that would be desirable to gaming licensees (e.g., Electronic Gaming Devices [EGDs] and casino management systems). Thus, the preceding language could be interpreted to prohibit the qualified bidder/vendor from supplying such gaming technology goods and services to licensed gaming facilities.

As such, could the PMT please confirm that, consistent with practices in other jurisdictions where a CMS is deployed (such as Rhode Island, Maryland, West Virginia, Delaware, Pennsylvania and Kansas):

(i) the vendor will not be precluded from offering gaming technology goods and services (such as EGDs and casino management systems) to the Category 1 and Category 2 licensed facilities;

(ii) no affiliate of the vendor will be precluded from offering such gaming technology goods and services to the Category 1 and Category 2 licensed facilities;

(iii) the prohibitions on conflicts of interest stated above do not extend to relationships between the vendor and any gaming licenses, affiliates or partners/contractors/subcontractors; and

(iv) the prohibitions on conflicts of interest stated above do not extend to relationships between any affiliates of the vendor and any gaming licenses, affiliates or partners/contractors/subcontractors?

This question is being reviewed by the Commission's legal division under the state conflict of interest laws. An updated response will be posted shortly.

3.

1.4.1
8
Would the PMT be willing to consider amending this provision as follows:

"The initial duration of the possible contract that may results [sic] from this RFR shall be ten (10) years from the date that the first EGD Facility is connected to the CMS."

Yes

4.

1.4.1
8
line item 4 states RFR shall be ten (10) years. Appendix C (A) shows a grid with “x 60 Months” indicating five years. Please clarify this contradiction.

This was corrected in amendment 1 in CommBuys

5.

1.4.1 item 4
8
“4. Anticipated Duration of Contract: The initial duration of the possible contract that may results from this RFR shall be ten (10) years from the date on which it is awarded. The contract may be extended in any increment at the discretion of MGC up to a maximum term, including all contract extensions, of fifteen (15) years.”

Appendix B1, page 96, states that the maintenance/support will be required for 120 months starting from an estimated start-up date June 2015. Can you please confirm the 10 year contract duration will start upon award or upon the first facility going live?

Yes, It is from the date the first facility is connected.

6.
Agnes
1.4.2 and 2.1
8 and 11
Section 1.4.2 states that “The Cost Proposal may be submitted in the same package as the rest of the response, but must be submitted under separate cover in a separate sealed envelope labeled “Cost Proposal.”

Section 2.1 states “Technical proposals must be separately packaged from the financial proposal and the financial proposal must be in a separately sealed envelope”.

Could the PMT please clarify?

Section 1.4.2 is the correct wording. The documents should be submitted electronically thru CommBuys and the technical and financial proposals should be separate attachments uploaded to the CommBuys system.

7.
John
2.1
10
Could the PMT please confirm that bidders should send email submissions to mgcprocurements@state.ma.us? The soft copy link for this email generates an email addressed to Eileen.glovsky@massmail.state.ma.us.
The correct email address for submissions is mgcprocurements@state.ma.us
8.
John
2.1
10
The RFR states that: “The bidder may submit their response electronically via email or by submitting the quote via CommBuys.”

In the event the vendor submits their Technical and Financial Proposals electronically via email:

Q: Will the Commission please specify if there is a size limitation for submissions sent to the mgcprocurements@state.ma.us inbox?

Q: Will an email receipt notification be issued from the above email address once the MGC Procurements receives the Proposals?

A: The size limitation for inbound emails to state.ma.us destinations is 15MB. Submission of multiple emails from a respondent in order to accommodate a response larger than 15MB is acceptable, and will be permitted.

A: An email receipt will be provided by the system

9.

2.1.1
11
It is our interpretation that the Technical Proposal 50-page length limitation includes only CMS-related topics (Section 2.2.3.1 through Section 2.2.3.13) and does not include corporate and contractual responses to Section 2.2.4 through 2.2.9 inclusive.

Q: Is that a correct interpretation?

If this is a valid interpretation, we estimate the following required Technical Proposal pages:

Required Content
Approx. Page Count
Requirement Section
Title Page and Table of Contents
2
2.2.1
Appendix B checklist with explanations
12
2.1.1
Implementation Plan with Gantt
6
2.2.3.11, 3.1(b)
Deliverable Schedule
2
5.15

• Statements of intent to comply with Sections 5 and 6

• Attestation to deliver required forms at a future time

1
2.2.6, 2.2.5

2.2.8

A: Your interpretation is incorrect – The limitation of 50 Pages is intended to provide the PMT with a succinct description of all the technical components of the proposal. The 50 page limit does not include technical charts and appendices

10.
John
2.1.1 and 2.3.3
11 and 13

The second bullet of 2.1.1 calls for the Technical Proposal to not exceed 50 pages. Is this 50-page limit inclusive of the entire Technical Proposal, including the Table of Contents, the Confidential Information Summary, and Vendor’s Organization, Background and Financial Stability, or is the 50-page limit restricted to the Technical Response Section 2.2.3, where the RFR states that “Specifically, in this Section the Vendor’s Proposal should address, but not be limited to, the following and not exceed a maximum of 50 pages.”

A: No, the 50 page limit is not inclusive of Table of Contents, the Confidential Information Summary, and Vendor’s Organization, Background and Financial Stability .

The Technical Response component of the vendors reply, with a limit of 50 Pages, is intended to provide the PMT (a number of whom are non technical) with a succinct description of all the technical components of the proposal . The 50 page limit does not include technical charts and appendices, and is not restricted to what is asked for in Section 2.2.

11.
Agnes
2.1.1
11
The sixth bullet in this list for a complete response states that “Marketing material, publically available sales information, unnecessary samples, attachments or other documents not specifically asked for should not be submitted.”

Could the PMT please verify that this bullet is punctuated correctly, or consider changing the bullet level so that it is not included with the format of a complete response?

We are going to strike this bullet.

12.
Agnes
2.2.2

Please confirm numbering convention and paragraph formatting as it appears to be in error.

Yes section 2.2.2(3) is missing.

13.
Derek
2.2.2.6
13
Is the “statement of intent to comply with terms, conditions, and requirements” described in this section a complete and sufficient positive response to all Section 5 requirements that are not individually agreed to by a “Y” response to Appendix B line items?
No, that is a duplicate entry of the item above it and should be struck.
14.
John/Stephanie
2.2.3.2(g)
14
In terms of the CMS, please specify the information required to be 1.) Monitored by the CMS and 2.) Recorded and entered into asset tracking system ie. Progressive configuration and tiers?

Participation games are EGDs where the Vendors place specific EGDs into a licensed Facility and receive a machine rental or lease fee for such placement, rather than an outright purchase of EGDs.

15.
John/Stephanie
2.2.3.2(g)
14
Describe how progressive and participation games are handled, which may be operated by the Facility or another entity separate from the CMS. Discuss meter management and reporting, performance tiers

and participation fee accounting and reporting.”

Please elaborate on what is included in “participation games Participation games are EGDs where the Vendors place specific EGDs into a licensed Facility and receive a machine rental or lease fee for such placement, rather than an outright purchase of EGDs.

16.
John
2.2.3.2(h)

5.2.10.3

Section 2.2.3.2.h implies that the asset tracking system can be “. . . a separate system . . .”, but Section 5.2.10.3 specified that it must be integrated with the CMS.

Q: Must the asset tracking system be integrated within the CMS?

Q: Should 5.2.10.3 be added as a line item in the Appendix B requirements checklist?

A: Yes, the asset tracking and signature validation must be fully integrated with the solution

A: Yes, item 5.2.10.3, “Asset Tracking must be integrated with the CMS” can be added to Appendix B. The ability to track and monitor every Electronic Gaming Device, operating in any property in MGC’s jurisdiction is a key required functionality of the solution, and one of the primary benefits to using a CMS model to regulate.

17.
John
2.2.3.13

5.14

Q: To clarify that the CMS will be responsible for all game downloading functions, will the Commission modify the sentence to read “Describe the CMS's capabilities for centrally storing, distributing, installing, activating, monitoring, authenticating and reporting regarding Server Based Downloadable Gaming.” and make a similar modification to the requirement in Section 5.14?
A: The CMS should be able to monitor the changes to the configuration of individual EGD’s that result from Server Based Downloads to the EGD’s. The PMT agrees to change the requirements for each section as follows:

2.2.3.13 - “Describe the CMS's capabilities for centrally storing, distributing, installing, activating, monitoring, authenticating and reporting regarding Server Based Downloadable Gaming.

5.14 – Delete the paragraph beginning with “Server Based Gaming solutions..” and substitute “The CMS functionality will include the ability to centrally store, distribute, install, activate, monitor, authenticate, and report on changes to EGD configurations based on implementation of Server Based Downloadable Gaming.

18.
John
2.2.4.2
19
The RFR states that the Vendor shall describe its background experience…and this experience must be under the Vendor's company name.

The corporate structure of this potential bidder is such that the resources of various affiliate companies work closely and collaboratively to deliver goods and services to customers.

That being said, this potential bidder believes that that it can offer the most compelling bid to the PMT by describing its experience in conjunction with that of its affiliate companies.

As such, would the PMT deem this requirement satisfied if the bidder’s description of experience includes that of both the bidding entity and its relevant affiliate companies?

Experience of an “affiliate company” would be allowed as long as both companies are part of the same corporate structure / have a parent company in common.

19.
Derek/Agnes
2.2.6
22
C: MGS requires bidders to present a ROI model.

Q: Can MGS provide relevant data for ROI model calculations e.g.

· expected staffing levels required to monitor gaming activity manually without CMS been in place and average cost for enforcement staff

· gaming tax regime i.e. % of Gross Gaming Revenue or flat tax per machine

· estimated tax revenues

· employment generated by each casino

· estimated other non-gaming tax revenue generate by general casino activity i.e. employment taxes and sales taxes

· Staff conducted a very brief comparison in a commission meeting on July 24th. The materials presented can be found under item 3 d. at the following link: http://massgaming.com/wp-content/uploads/Commissioners-Packet-7-24-14-UPDATE.pdf

· The MGC will tax the category 2 facility (slots only) at 40% of GGR and the category 1 facilities at 40% of GGR.

· Annual tax revenues from gaming at full competition are expected to be $300M-$400M.

· Total full time positions are expected to be ~8,000 to 10,000 positions for the two category 1 facilities and one category 2 facility.

The following links , sections 3.14-3.23, will give the estimated other non-gaming revenue generated by general casino activity.

http://massgaming.com/wp-content/uploads/3B-Region-A-ECONOMIC-DEVELOPMENT-Report.pdf http://massgaming.com/wp-content/uploads/4B.-Economic-Development-Report.pdf http://massgaming.com/wp-content/uploads/Economic-Development-Report-to-Commissioners.pdf

20.
Derek
2.2.6(8)
22
“Is there a deterrent effect of having independent information?”

Please clarify Please describe if there is any evidence to support the statement that having independent meter readings, independent game inventory and independent game play analysis will deter individuals from trying to manipulate the software or outcomes of game play.

21.

2.2.7
22
C: Vendors shall identify all sub-vendors, if any, including sub-vendors used to meet the MBE goal

of this RFR, and provide a complete description of the roles these sub-vendors will have in the Contract performance. The Commission reserves the right to require background investigations on any sub-vendor it deems to have a critical role in the Contract activities.

Q: We would normally only sign contracts with preferred sub-contractors (e.g.data centre and LAN cabling providers) when we are awarded a contract to provide monitoring services. We will identify all sub-contractors and provide supporting details. We assume this approach is fine and we are not required to have contracts in place during the RFR process?

A: Yes

22.

2.2.7
22
“Vendors shall identify all sub-vendors, if any, including sub-vendors used to meet the MBE goal of this RFR, and provide a complete description of the roles these sub-vendors will have in the Contract performance”

In case sub-vendor selection is not final, will a candidate sub-vendor list be accepted?

A: Yes

23.
Agnes
2.2.8
22
Would the PMT please provide and/ or clarify the meaning of “Response Template?”
A: This should have read “required

forms attachment”

24.
Agnes/Legal
2.2.8
22
The Commonwealth Standard Terms and Conditions and Commonwealth of Massachusetts – Standard Contract Form [Commonwealth and Contractor Ownership Rights] provide that the Commonwealth is entitled to ownership and possession of all deliverables purchased or developed with State/ Contract funds.

It is standard in the industry that the vendor retain ownership rights of any deliverable, including copyrighted or copyrightable works created exclusively by the vendor after the effective date of the Contract, except for those deliverables that:

(i) first originated under the Contract,

(ii) are created exclusively for the Commission pursuant to the Contract,

(iii) are unique to the Commission and

(iv) were paid for by the Commission.

Could the PMT please confirm that the vendor retain ownership rights, except as provided in (i)-(iv) above?

The Contract should detail all Commonwealth deliverables and ownership rights and any Contractor proprietary rights. (5.1?) We can include or exclude certain items.

25.
Derek
2.2.8
22
Commonwealth Terms and Conditions, Section 4: In connection with the termination of the Contract without cause, or in the event of an elimination of an appropriation or availability of sufficient funds, could the PMT please explain how a vendor would be compensated in the event that the vendor has made a significant capital investment and termination occurs before the vendor has had the opportunity to make a return on its investment?

We assume, but please confirm, that compensation would include the cost of the entire capital invested by the vendor as of the date of termination, as well as the cost of the implementation services provided in connection with such capital investment?

The MGC will pay for start-up equipment and cabling called out for each facility in Appendix B in the normal monthly billing process. For any other significant capital investments incurred that are incorporated into the flat monthly fee, the MGC will not guarantee that compensation would include the cost of the entire capital invested.

26.

2.2.8
22
Commonwealth Terms and Conditions, Section 4: In connection with the termination of the Contract, would the Commission be willing to provide at least 30 days advance written notice and an opportunity to cure (if applicable) prior to the effective date of such termination?
A: Yes

27.

2.2.8
22
Commonwealth Terms and Conditions, Section 7; Commonwealth of Massachusetts – Standard Contract Form [Public Records and Access]: This section requires the vendor to maintain records for seven years after the final payment under the contract.

Industry-standard storage requirements for records are generally no greater than three (3) years after contract termination/ completion.

As such, would the PMT be willing to revise this requirement to provide that the Contractor is only required to retain the records under the contract for three (3) years after completion or termination?

A: PMT cannot change Commonwealth Terms and Conditions Cannot change. These are Commonwealth record retention requirements.

28.
Agnes/Legal
2.2.8
22
Commonwealth Terms and Conditions, Section 11: Could the PMT please clarify that the indemnification obligations under this clause do not apply to the extent that the damages enumerated are caused by:

(i) any act or omission of the Commission, the Facilities, or their respective officers, directors, employees or agents; or

(ii) the successful bidder’s acts or omissions if requested by or in compliance with the Commission’s or any Facility’s requirements;

(iii) any act or omission of a third party that is not a subcontractor of the successful bidder?

No, the provision speaks for itself and the commission is not at liberty to modify it. These requests for clarification are really modifications. These type of issues are fact specific and would have to be addressed on a case by case basis in the event a claim were to arise.

29.
Derek/Agnes
2.2.8
22
Commonwealth of Massachusetts – Standard Contract Form [Limitation of Liability for Information Technology Contracts]: Could the PMT please clarify whether it considers the contract resulting from the RFR to be an Information Technology Contract?

If not, would the PMT consider similar limitations on contractor liability to apply to the contract resulting from the RFR (i.e., the greater of $100,000 or two times the value of the product or service that is the subject of the claim)?

A: Yes

30.

2.2.8
22
The RFR states that: “As part of their Technical Proposal bidders are asked to either submit the following Commonwealth-required forms, or attest that they understand and subscribe with the terms set forth in those forms, and will submit those forms once selected.” Mr. Derek Lennon October 31, 2014 Page | 4

Q: If a vendor elects to submit the forms after selection will it receive a lower evaluation than if it had included the forms with the RFR response?

Q: Are included forms counted against the Technical Response page count?

A: No A: No

31.

3.1(b)
24
Q: Will the 20% evaluation score for “Return on Investment” include vendor responses to BOTH Section 2.2.6 Return on Investment and Section 2.2.5 Economic Benefit?
A: Yes

32.

3.3
24
The RFR states that: “The PMT will give the Bidder at least three (3) business days’ prior notice regarding the date of an oral presentation. The PMT may require the Bidders assign key personnel to conduct the oral presentation/interview.”

Q: Will the Commission consider providing a minimum of seven (7) days’ notice prior to the date of the oral presentation/interview to assist vendors with travel planning?

A: Yes

33.
Agnes
4.3

bullet point one states that all prices must… if a percentage. Appendix C (A) states “Flat Fee (Monthly)”. Can 1) some prices be stated as fixed flat fees? and 2.) Some prices be submitted as a fixed percent of Gross Gaming Revenue (GGR)?

A: All prices must be fixed flat fees.

34.
John
4.4
27
The equipment cost per EGD may differ between SAS EGDs and G2S EGDs.

Can MGC provide information on the numbers or percentages of SAS EGDs and G2S EGDs that will be installed? If such information is not available at this stage, is it possible for MGC to provide indicative numbers or percentages that all proponents can use solely for price evaluation and comparison purposes?

A: MGC Regulations require EGD’s to operate using G2S as of January 2017. Up to 1200 Electronic Gaming Devices to be installed by Penn National Gaming, the operator of the slot parlor at Plainridge, could be SAS machines.

35.

5.1

Will MGC provide rack space at no charge or will Vendor be charged “rent” or “fees” for co-locating its servers at MGC and at properties?
A: The vendor will be responsible for co-location costs including rack space, electrical/environmentals, and network connectivity. .

36.

5.1

Will MGC provide server hardware and software licenses or is Vendor required to procure?
A: The vendor is required to procure the server hardware and software licenses.
37.
John/Rick Day
5.1.1

5.1.9 The RFR states that: “5.1.1. The Commission may decide to enter into a contract with a qualified Vendor to provide the design, development, implementation, lease, operation, and maintenance of a Central Monitoring and Control System (“Central Management System or CMS”) for Electronic Gaming Devices (EGD’s) which includes, but is not limited to, a central computer system located at the Commission's designated location, a hot back-up system located off-site, software, and a secure Wide Area Network that will connect each Commission regulated facility and all EGDs to the Central System as described more fully in this RFR.”

The RFR states that: “5.1.9. The Commission requests that Vendor’s proposals include an Operational Model and cost structure that would allow for transition of operational support for the CMS application and/or network monitoring to MGC staff.”

Q: Is it the intent of the Commission that the selected CMS vendor will operate the system for the entirety of the contract?

Q: If the Commission intends to assume operational responsibility for the CMS, what is the project timeframe for the transition?

A: MGC’s wants the option of transitioning operations of the Network Operations Center and the CMS to MGC staff. The Commission is requesting a proposal that allow for that transition and considers the cost implications. MGC does not desire to maintain the underlying infrastructure layers including application version upgrades, operating systems upgrades and patches.

A: MGC would like the vendor to propose a transition plan that would provide the option to transition operations support to MGC staff, starting in year 3, and with the option to transition open every two years for balance of the contract.

38.
John
5.1.2 and

5.4.2

28 and 46
Section 5.1.2 indicates that “the Backup site will be located at MGC’s Secondary Data Center.” Section 5.4.2 indicates that “the Back-up Site may not reside outside the state and be located in a different power substation and LATA.”

Q: What is the actual requirement for BDC location?

A: PMT will modify the language to “MGC highly prefers that the Back-up site be located at MGC’s Backup Data Center for other platforms. MGC’s Backup Data Center will be the Commonwealth’s Springfield Data Center, which satisfies the conditions in 5.4.2.

The PMT leaves open the option for vendor to propose a “VPN / cloud” solution to provide a Back-up Site, but the issues of data security and sovereign immunity would have to be addressed.

39.
John
5.1.2 and 5.4.2
28 and 46
These sections are potentially inconsistent with respect to the Commission requiring that the primary and backup sites be located within Massachusetts.

Could the PMT please confirm that it will consider proposals that offer an out-of-state primary site and/or an out-of-state backup site, as long as the vendor can address concerns about data security and sovereign immunity?

A: See # 38.

40.
John
5.1.2
28
Q: Will the Commission please describe the accessible infrastructure available in each of these facilities for use by the vendor?

Q: What are the fees associated with housing the vendor’s PDC and BDC within the Commission’s Primary and Back-up facilities?

Q: Will there be a portion of the infrastructure maintenance costs that will be passed on to the vendor?

Q: Does each of the Commission’s Primary and Secondary Data Centers have the ability to house the vendor’s operators?

A: Secure Data Centers, with N+1 Redundancy, redundant high speed (10GB) connection, and standard rack hosting and co-location space.

A: Vendor can assume standard industry fees for co-location / hosting services. A rack fee, or percentage of a rack, and additional costs for electricity/environmental and network connectivity.

A: The vendor will only be responsible for the monthly costs that cover the rack, as well as the costs for electricity / environmental and network connectivity.

A: Yes, MGC would prefer the vendor to co-locate at the facilities where MGC currently has primary and backup data center infrastructure.

Please Note: MGC Primary Data Center – Markley / One Summer Street, Boston; MGC Backup Data Center – SDC (Commonwealth’s Springfield Data Center) operational target February 2015. MGC plans to move its primary operations into the Commonwealth’s Data Center (MITC / Massachusetts Information Technology Center) in Chelsea in the next two years.

41.
John
5.1.2
28
Q: Does the Commission’s Primary Data Center have space available for a test area that would meet the RFR requirement “that the test area to be at the PDC”?
A: Clarification - MGC has allocated space (1500 sq ft) in its new main offices for a Gaming Technology Laboratory. A portion of this space will be allocated to interoperability testing of EGD’s and the CMS.
42.
Agnes
5.1.6
28 and 29
The RFR has two sections numbered 5.1.6. Could the PMT please correct the numbering format in the RFR?
A: Please refer to 5.1.6 page 28 and 5.1.6 page 29 to differentiate between the sections in your response.
43.
John
5.1.6
28
Would the PMT be willing to revise this requirement to provide that any dispute between the vendor and the EGD Facilities, EGD manufacturers, etc., will be resolved upon mutual agreement of the parties?
The PMT will accept dispute resolution upon mutual agreement of all parties, including MGC.
44.
Derek
5.1.6

5.2.7.3 5.7.5 5.10.1

Q: Given that the standard contract form and terms and conditions are insufficient to address all of the contractual issues raised by the RFR (e.g., possible assessment of unspecified liquidated damages and software escrow mentioned in the referenced sections) or usually found in CMS provider contracts, how does the Commission intend to develop a contract with the selected bidder (if any) that addresses all relevant issues consistent with 801CMR 21.07?
Once the preferred vendor is selected, presents to the Commission, and if the Commission decided to award a contract for a CMS to the preferred vendor, the MGC would begin negotiations with the awarded vendor to come to an agreement that is agreeable to both parties.

45.

5.1.6.3

28
Will the commission consider use of shared network infrastructure at facilities as an option configuration to create efficiencies and cost saving for the commission? IE: Facility supplied VLAN

A: No

46.

5.1.6.4
28
In our experience, facilities prefer to handle wiring to the gaming floor either themselves or via their established contractor rather than have the CMS provider wire separately. Would the MGC consider facility-supplied wiring to the EGD floor?
A: Yes
47.
Derek/Agnes

John/paragraph 3

5.1.7
29
Section 5.1.7 states “…The Vendor and CMS shall be responsible for the polling and reporting of EGD accounting and Ticket-in/Ticket-out.”

In some jurisdictions (Pennsylvania, Maryland and Kansas), the CMS is responsible for polling and recording accounting transactions, including a record of Ticket-in/Ticket-out transactions, but each facility’s system is responsible for the actual validation of Ticket-in/Ticket-out transactions.

In other jurisdictions (Rhode Island), the CMS is responsible for polling and recording accounting transactions, including a record of Ticket-in/Ticket-out transaction and the actual validation of those Ticket-in/Ticket-out transactions. Assigning responsibility for validation of Ticket-in/Ticket-out transactions to the facilities’ systems typically results in lower operating costs for the regulator while still maintaining a record of all accounting and Ticket-in/Ticket-out transactions.

Which system will be responsible for the validation of Ticket-in/Ticket-out transactions in Massachusetts: the CMS or the facilities’ individual systems?

A: The facilities individual systems will be responsible for Ticket-In/Ticket-Out Operations.

48.

5.1.10

“Vendor must provide in its proposal a statement of intent to comply.” Does this mean that detail for these sections is not required for RFR by November 17, 2014?

A: It is not required for submission as long as the vendor agrees to comply.

49.
Agnes
5.1.10(2)
30
Q: Will the Commission please provide the end of the sentence (“. . . Facility to the C and”)?
… Facility to the CMS: and
50.
Agnes/Joanne
5.2.1
30
Q: Will the Commission please provide a detailed explanation of the “marketing support” expected from the CMS?
A: Modify 5.2.1 to remove “marketing support”

51.

5.2.1(1)
30
Please specify the type(s) of marketing reports required and purpose of those reports.

A: See # 50.

52.
Agnes/Joanne
5.2.1
30
Q: Given that the standard contract form and terms and conditions appear to be inconsistent with certain contractual issues mentioned in the RFR (e.g., licensing of software mentioned in the referenced section vs. Commission ownership of all deliverables mandated in the opening paragraphs of the terms and conditions), how does the Commission intend to develop a contract pursuant to 801CMR 21.07 with the selected bidder (if any) that is consistent with the RFR and industry practices for CMS provider contracts?

Q: Does the Commission lack the authority under 801CMR 21.07 to modify or clarify certain portions of the standard contract form and terms and conditions?

Q: If so, which portions?

A: Yes. The Terms and Conditions as well as changes to the Standard Contract Form cannot be amended without written authority from the State Comptroller

53.

5.2.1 (1,2,3)
30
The Vendor shall provide a CMS with comprehensive functionality which shall include, but not be limited to, gaming activities, sales, validations, inventory management, marketing support, and information management reporting. The Vendor shall provide the following to the Commission on a lease basis for the duration of this Contract and any extension thereof:”

Please elaborate?

PMT will revise to:

The Vendor shall provide a CMS with comprehensive functionality which shall include, but not be limited to, gaming activities, inventory management, and information management reporting. The Vendor shall provide the following to the Commission on a lease basis for the duration of this Contract and any extension thereof:”

54.
John
5.2.1

Item 4

31
Could the PMT please confirm that the vendor shall not bear the cost of resolving Telecommunications Network problems and/or repairs, including problems that involve wiring or devices used to connect the EGDs to the CMS when those problems are attributable to the conduct (or lack thereof) of a Facility?
A: Vendor shall not be responsible for the costs of Telecommunication Network problems directly attributable to the conduct of the Facility.

55.

5.2.1.4
31
Will the commission consider use of shared network infrastructure at facilities as an option configuration to create efficiencies and cost saving for the commission? IE: Facility supplied VLAN
A: No
56.
Derek
5.2.1(5)
31
Any other item, equipment or facilities deemed necessary by the Commission for the efficient operation of the CMS.”

Please elaborate. This is a very open and general statement.

A: This is intended as an open and general statement to account for anything that may have been missed below. The scope of the project and requirements are very specific and we cannot ask for substantial differences from the scope, but this clause is intended to account for any minor omissions this RFR may have made

57.
John
5.2.4(2)

C: SAS is only mentioned in this section.

As all gaming venues will be new, it would make sense for the MGC to require all VLT Vendors to have G2S compliant machines. This would reduce the cost and complexity of CMS roll out. Most VLT Vendors now have G2S enabled machines.

C: If SAS is used to connect EGMs, some functionality will be seriously degraded (GAT, progressive tracking, ...).

Q: Is SAS therefore still an option to be considered?

Q: Is the CMS Vendor required to supply SMIBs converting SAS to G2S?

Q: Who is going cover the SMIB costs as this is significant cost?

A: See #34

A: Yes, CMS vendor would be required to provide system management interface boards to connect SAS protocol EGD’s to the CMS system

A: The cost of the SMIB’s need to be included in the start up cost for the Penn National Gaming slot parlor that will have a maximum of 1200 SAS EGD’s.

58.
John/Stephanie
5.2.4(8)

C: Warnings on meter readings (changes) over some threshold must be provided. There may be expected transient incorrect meter readings from EGMs especially when SAS is used to connect machines. Normally CCS/CMS filter such a transient readings and only generate notifications when meter move was over threshold and change persists.

Q: Is such a behavior permissible?

A: Yes

59.
John
5.2.4(10)

C: Meter adjustments should be kept in system as deltas and evaluated in reporting as it is required that system handles only RAW machine maters (MGC-CMS).

Q: Is such an approach acceptable?

A: Yes

60.

5.2.4(11)
33
Will EGDs be allowed to continue to operate if they do not have a connection to a site controller?
A: EGD’s should be able to operate up to seventy-two (72) hours without a connection to CMS.
61.
John
5.2.6
34
C: Refreshing

Q: What is to be understood under (virtualization) platform refresh?

A: Assuming that the servers that house the CMS application are running on a virtualization platform (i.e.VMWare), that the platform be kept current with the most recent supported release, within a year of general availability.

62.
John
5.2.6.3
34
Could the PMT please confirm that the system refresh is only required at Contract years five and ten, and that the second refresh would only be required in the event that the Commission exercises its right to extend the Contract for the entire maximum 15-year term (otherwise vendors may need to burden their pricing to account for the refresh cost being recaptured over a shorter period)?

Additionally, could the PMT please clarify if the vendor equipment located at the facilities is part of the CMS refresh and, if the equipment is part of the refresh, should the cost for that refresh be captured in the one-time start-up fee for vendor equipment and wiring for each facility, or will there be a separate method for pricing a refresh of vendor equipment at each facility?

Finally, if the vendor equipment at each facility is part of the refresh, what refresh schedule would be followed for the venues, as equipment located at a facility that opens at the end of 2017 would be much newer than equipment located at a facility that opens in June of 2015?

The system refresh is only required at years five and ten and the second refresh is only required in the event MGC exercises its right to extend the Contract for the maximum 15 year term.

Vendor equipment at the facilities is part of the CMS refresh according to the same schedule. Vendor will determine how the costs of the refresh shall be allocated to the Facilities.

The refresh schedule would for Facility equipment would be 5 years from initial installation date, provided that equipment installed in the Facility is new. If used equipment is used, the refresh schedule shall follow the initial established timeline.

Base Cost which is being added to attachment C

63.

5.2.6.3
34
The Vendor will build the cost of a full refresh of the hardware / operating system and virtualization platform refresh every 5 years”

Please confirm whether this cost should be included in the central system fee (Appendix “B”, section A) with a possible extension of monthly payments, or quoted separately in another section of the document.

A: The refresh should be presented as a separate line item, with the cost of the hardware and software components individually identified.

64.
John
5.2.7

C: Protocol Simulators shall be provided.

Q: Does this request cover external to CMS protocols like G2S, S2S or also all internally used connections?

A: The request covers only external to CMS protocols such as G2S and S2S.

65.

5.2.7.1

C: Unauthorized Changes to SW Q: Are (Security) Critical OS updates excluded from requirement to acquire pre-authorizations for SW updates on CCS?

Yes

66.
John
5.2.7.4(3b)

Ref: MGC-CMS 5.2.7.4, Statement 3 (b) C: Software Validation with pre-calculated signatures: Nowadays EGMs are based on OSes like Linux, Windows, and other RTOS. Method to calculate signatures vary largely between EGM vendors. Therefore it is not possible to use single utility program to calculate verification vectors for all vendors. Vendors might consider such information proprietary and private and might not be willing to share information with CCS vendor(s). Therefore integration of software utility program from vendors might be needed.

Q: Would such an approach be acceptable?

A: The PMT would require the technical details of the integration between the CMS and the third party “software utility program” to make a determination.

67.

5.2.8.1

C: Required information list contains in 16. and 17. to be able to identify who accessed cash and logic areas. G2S requires for such purpose fully implemented and supported idReader and employee classes. Alternatively this information must be tracked by operators CMS and reported to CCS through other protocol(s). In any case it is necessary to be able to query operator staff database.

Q: Is it clear that operator need to provide interface to their employee database over (MGC preferred) GSA S2S protocol?

A: No we do not need it integrated.

68.

5.2.8.3

C: ...read and report using full set of actual EGM meters. Most CMS (and CCS as well) system operate and report on normalized metering information that filters out meter and transaction anomalies received from EGMs. Normalized meters are produced based on RAW EGM meters movements.

Q: Shall this be interpreted that CCS MUST use RAW EGM meters instead of normalized?

A: Yes it must use RAW EGM.

69.
Bruce
5.2.8.1(5)
37
“Number of cents accepted via bill, ticket or other instrument of value”

Please specify the credit/payment methods that will be utilized by the EGDs Under current regulations regarding debit and credit: Credit cards will not be allowed to be used.

70.

5.2.8.1(10)
37
“Number of cumulative credits representing money inserted by a player;”

Please specify how the CMS will be able to identify a player given that no player tracking functionality will be available. Does the MGC contemplate an interface with the Operator System in order to obtain such information?

A: The PMT will remove this requirement since the CMS will not know user information on the EGD.

71.
Stephanie
5.2.8.1(16-17)
37
The CMS system is not required to offer any identification mechanisms for the users of the EGDs.

How does MGC invision the CMS getting information on each person who is accessing the logic area (item 16) and the cash door (item 17) in cases the EDG does not collect or report this information through its protocol port?

A: The PMT will remove this requirement since the CMS will not know user information on the EGD.

72.
Derek
5.2.8.1(16)
37
Each person who accessed the logic area and the date and time it was accessed;”

Person identification will require the use of personal card and player tracking capability. Does the MGC contemplate an interface with the Operator System in order to obtain such information?

A: The PMT will remove this requirement since the CMS will not know user information on the EGD. The MGC does not contemplate an interface with the operator system to obtain the information. That would be the responsibility of gaming agents to validate the ID with the player management system.

73.
Derek
5.2.8.1(17)
37

Each person who accessed the cash door and the date and time it was accessed;”

Person identification will require the use of personal card and player tracking capability. Does the MGC contemplate an interface with the Operator System in order to obtain such information?

A: The PMT will remove this requirement since the CMS will not know user information on the EGD.

The MGC does not contemplate an interface with the operator system to obtain the information. That would be the responsibility of gaming agents to validate the ID with the player management system.

74.
Derek
5.2.8.5
38
Promo Credits”

Is the Vendor’s system expected to provide Promo Credits functionality or only to monitor and report transactions and values generated by 3rd party systems?

A: Vendor’s systems shall be required only to monitor and report transactions and values generated by third party systems.

75.
Bruce/Derek
5.2.8.6
38
C: Side-by-side-by-side comparison (CMS meter reads, operator meter reads, actual cash count); there is no standard ways (protocol) to transfer clearance, fill and refill data from gaming machines or CMS to CCS

Q: How frequent such a comparison MUST be provided?

Q: Is it already known which CMS(s) casino operators are going to use? (as custom integration will be needed and need to be planned and estimated for)

A: No

76.
Bruce
5.2.8.6
38
Section5.2.8.6 indicates that “The CMS shall provide daily report with side-by-side comparisons of CMS meter reads, operator meter reads, actual cash count by device and game.”

Q: Does the term ‘operator meter reads’ refer to information obtained by facility player tracking system?

Q: Does ‘Cash Count’ refer to Amount Played/Amount Won per device and game or does it refer to $$ inserted into the EGD?

A: Yes, operational meter reads are information obtained by the facilities casino management system.

A: Cash count refers to actual monies dropped and counted from the EGD.

77.
Derek
5.2.8.6(5)
38
“The CMS vendor shall be required to provide a daily report to the Commission that does a side-by-side-by-side comparison to the CMS meter reads, the operator meter reads, and the actual cash count for each EGD and game operating on an EGD”

Will files containing ‘operator meter reads’ and ‘actual cash count’ be provided by the Commission?

Please elaborate how data sourcing, separation, comparison and reporting is invisioned.

A: The Commission will require operators to provide a daily report of their projected and reconciled meter reads to cash counts to the CMS vendor in the format specified by the CMS vendor, and the CMS vendor will be responsible for generating a report that does a comparison and reports variances.

78.
John
5.2.9
38
It is understood that the CMS is not required to provide Progressive or any other linked Jackpot functionality to the Facilities, but just monitor, collect and report Jackpot Related information either from the EGDs that participate in Jackpots or by the 3rd party jackpot controllers. Is this correct?

Does this include progressive jackpots not controlled by the CMS? Is the CMS required to monitor all progressive jackpots and controllers? Is the commission going to require all jackpot controller manufacturers to update their controllers to communicate with the CMS in order to be able to be monitored?

If the above understanding is correct, then items 5.2.9.4, 5.2.9.5 and 5.2.9.6 seem irrelevant to the CMS. Please confirm or state otherwise.

A: Yes, this is correct.

A: The CMS will not be required to provide jackpot functionality to the Facilities or to directly monitor jackpot controllers.

5.2.9.4, 5.2.9.5 and 5.2.9.6 do not apply to this RFR and will be removed.

79.

5.2.9.1

Q: Are we correct in assuming that the phrase “multi-state” is an error and should be deleted from the requirement?
A: The requirement can be deleted, however it must be noted that MGC may modify its regulations to allow for multi-state gaming in the future.
80.
John
5.2.9.4

5.12.2

69
Section 5.12.2 indicates that “User Acceptance Testing of CMS will be performed by the Commission.” Section 5.2.9.4 indicates that “Requirement for linked progressive servers to be certified by independent testing laboratory.”

Q: Is there a requirement for CMS to undergo third party testing and certification?

A: Yes, CMS will be required to be tested by one of MGC’s Certified Independent Testing Laboratories.

81.

5.2.9.4
38

Q: Are progressive controllers deemed part of CCS or operated by casino operator?

A: Casino Operator

82.

5.2.9.4
38
Will the CMS be allowed to provide Progressive or other Jackpot functionality to the Facilities or is this considered as a conflict of interest?
A: No

83.

5.2.10.1
39
Will the commission assign a ‘state identification number’ in addition to the manufacturer serial number?

A: Yes

84.

5.2.10.2
39
Would the MGC consider a Hotline operation based outside the State of Massachusetts?
A: Yes

85.

5.2.11.2(15)
88
The report required in 5.2.11.2(15) is a manually generated management report and is not generated by, or dependent on, the CMS.

Q: Will the Commission delete line item 5.2.11.2(15) from the CMS checklist?

A: Yes, it will be deleted

86.
John
5.4.1
45
There appears to be an error in the RFR. Would the PMT be willing to consider striking the first and second paragraphs or the third and fourth paragraphs from this requirement?
A: Yes
87.
John
5.4.1(3)

“The Vendor shall operate a Primary Site including but not limited equipment and staff (24x7x365) which shall be used exclusively to support the Commission's Contract and shall be co-located in the Commission's new headquarters building at 101 Federal Street, Boston, MA 02019.”

This requirement seems contradictory to section 5.1.2 can you please clarify?

Clarification the response should include provisions for:

NOC - Network Operations Center – Staffed with personnel (24x7x365) tasked with operating the CMS, and located at the MGC headquarters at 101 Federal Street, Boston, MA 02019.”

MGC/Vendor Primary Data Center – Markley / One Summer Street, Boston; MGC

MGC/Vendor Backup Data Center – SDC (Commonwealth’s Springfield Data Center) operational target February 2015.

MGC plans to move its primary data center operations into the Commonwealth’s Data Center (MITC / Massachusetts Information Technology Center) in Chelsea in the next two years.

88.
John
5.4.2
45
The RFR states that the: “Test System must be exact duplicate configuration of Primary System.”

Q: If primary system is a duplex configuration, is it necessary for test system to be duplex or is simplex configuration sufficient?

A: Simplex is sufficient.

89.
John
5.4.3
47-48
Considering that the CMS will be housed in the MGC Data Center, is it a Vendor responsibility to provide for and comply to all stated requirements?
A: No, if the CMS is housed in MGC’s Data Center’s, these requirements are waived.
90.
John
5.6.2

Item 3

50 - 51
The RFR states that “The Vendor shall conduct operational recovery and business continuity (Disaster Recovery) testing/exercises twice a year, to include full performance and end to end testing of all business processes and procedures, CMS and component functionality. The Commission shall be allowed to observe the testing/exercises.”

Does this mean that the MGC will be onsite for the entire duration of the test?

Also, could the PMT please clarify what it means by “include full performance and end to end testing of all business processes and procedures?”

A: Yes, MGC will be onsite for the entire duration of the test.

A: Full performance and end-to-end testing means a test of the ability of the primary system to fail over to the backup system with no disruption of the gaming operations. Full performance and end to end testing incorporates the demonstration of an automatic and immediate failover to the backup instance of CMS. It does not require shutting down of the operational system and will not include testing for an extended period of time.

91.
John
5.6.2

Item 3

50 - 51
The RFR states that “The Vendor shall conduct operational recovery and business continuity (Disaster Recovery) testing/exercises twice a year, to include full performance and end to end testing of all business processes and procedures, CMS and component functionality. The Commission shall be allowed to observe the testing/exercises.”

Could the PMT please provide further information regarding the extent of the testing? Also, does this include shutting down of the operational system with failover?

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