Advertising Services RFR LOT 1508.docx

RFR LOT # 1508

Advertising Services

The Commonwealth of Massachusetts

MASSACHUSETTS STATE LOTTERY COMMISSION

60 Columbian Street Braintree, MA 02184

Request for Response (RFR)

Document Title: Advertising Services

COMMBUYS Bid Number: BD- 15-1062-LOT-00001-00000003432 MSLC Document Number: RFR LOT #1508

RFR Release Date: April 9, 2015

RFR Response Due Date/Time: Thursday, May 21, 2015 at 5:00 PM

All Bid Responses Must be Submitted via COMMBUYS

Please note: This is a single document associated with a complete RFR (also referred to as Solicitation) that can be found on www.COMMBUYS.com. All firms are responsible for reviewing and adhering to all information, forms, and requirements for the entire RFR, which are all incorporated into this RFR. Firms may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is open from 8:00 a.m. to 5:00 p.m. Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

Table of Contents

The Massachusetts State Lottery Commission (MSLC) is seeking to enter into a contract to purchase Advertising Services. The MSLC was created in 1971 as a mechanism to generate local aid revenues for the three hundred fifty one (351) cities and towns of the Commonwealth. Since selling its first ticket in 1972, the MSLC has generated over $100 billion in sales, awarded more than $69.8 billion in prizes, and returned nearly $22 billion in net profit to the Commonwealth in unrestricted local aid, and paid over $5.7 billion in commissions and bonuses to its statewide network of over seven thousand five hundred (7,500) retailers.

The MSLC launched its inaugural offering, a weekly jackpot game called “The Game” on March 22, 1972. In May 1974, Massachusetts revolutionized the U.S. lottery industry when it became the first (1st) state to sell instant tickets as an alternative to weekly jackpot games. Today with three (3) in-state draw games, two (2) multi-state jackpot games, one (1) multi-state draw game, two (2) monitor games and the industry's most robust instant ticket portfolio, the Massachusetts Lottery has grown to be one (1) of the most successful lotteries in the world.

The Opportunity The MSLC is issuing this Request for Responses (RFR) to obtain proposals from qualified Bidders to provide a range of advertising services that are strategically designed to increase the sale of games and maximize net profit returned to the Commonwealth.

The Successful Bidder will work in partnership with the MSLC staff in the development and execution of an integrated marketing/advertising plan that aims to: generate brand awareness and build excitement for all the MSLC games amongst current and prospective players; assist the MSLC’s seven thousand five hundred (7,500) plus retailers in selling more MSLC products through strong and effective retail advertising programs; and, engage audiences to help positively influence public attitudes and perceptions of the MSLC.

The Successful Bidder shall be required to perform services as specified in this RFR and shall fully understand the MSLC’s history and background, and support its vision, mission, core values, and goals.

The Successful Bidder must be able to perform the functions of a full-service advertising agency, including, but not limited to: branding, creative concepting, production, planning, buying, and placement of broadcast, digital, print and out-of-home advertising, as well as the development, and activation of social media based advertising and promotions. The MSLC prints most point of sale (POS) materials in-house utilizing the capabilities of a Xerox 1000.

The MSLC needs a highly-creative advertising partner to elevate its overall brand, and to support new game launches by developing innovative campaigns, and initiatives that serve to engage new, existing, and lapsed players.

The Challenge The MSLC continues to aggressively pursue its mission of generating local aid revenues available to the cities and towns of Massachusetts. In FY14, the MSLC generated a record-high $4,863 billion in sales and returned $974.5 million in net profit to the Commonwealth, $920.2 million of which went directly back to cities and towns. Adjustments to the existing game offerings, the introduction of new games, and strategic marketing initiatives undertaken at the MSLC have set the organization on pace for another banner performance in FY15. As the MSLC marks its 44th year of operation, it is necessary to refresh the organization’s image in the eyes of the playing public, demonstrating to existing, lapsed, and new audiences that Massachusetts Lottery games are exciting, innovative, and a lucrative source of entertainment.

Given the increased competition that the Lottery expects to face from other entertainment and gaming entities vying for disposable income dollars, including the two (2) casinos and slot facility to be licensed/built in Massachusetts over the course of the next several years, it is imperative that the Lottery utilize creative solutions to broaden its player base by attracting new/younger audiences, effectively market its products to remain top- of-mind with consumers, and to maintain relevancy in an already crowded and evolving retail marketplace.

Advertising Sensitivity Advertising should be consistent with the MSLC’s core values, mission, and vision. The following stipulations apply to all MSLC advertising concepts and campaigns:

· Advertising should not unduly influence.

· Advertising should not over promise.

· Advertising should not show a change of lifestyle.

· Advertising should not present, directly or indirectly, any Lottery game as a potential means of relieving any person’s financial or personal difficulty.

· Advertising should not display guns, alcohol, tobacco, improper attire or imply lewd or indecent language, images or actions.

· Advertising should not portray product abuse, excessive play or preoccupation with gambling.

· Advertising should not specifically target with the intent to exploit a person or specific group or economic class.

· Advertising should not create the perception that the MSLC has control over where winning tickets are sold and/or purchased.

· All MSLC Advertising must include the following language or similar language approved by the MSLC: Help is available at the Massachusetts Council on Compulsive Gambling at telephone number (#) 1-800-426-1234 and You Must Be 18 Years or Older to Play the Lottery.

0. Applicable Procurement Law The Bid is issued under the following law(s): MGL c.7 §22, c 30 §51, §52; and 801 CMR 21.00.

Number of Awards The target maximum number of Successful Bidders is one (1). This is a target number; the Strategic Sourcing Team/Procurement Management Team (SST/PMT) may award more or fewer contracts if it is in the best interests of the MSLC to do so.

Adding Contractors after Initial Contract Award If, over the life of the contract, the SST/PMT determines that additional Bidders should be added, these may first (1st) be drawn from qualified companies that responded to this Bid, but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be re-opened to obtain additional Quotes/Responses.

Eligible Entities Any contract resulting from this Bid will be open for use to the Issuing Entity Only. It is the intent of this contract that the MSLC is the only user.

Acquisition Method The acquisition method to acquire goods and/or services from this Bid is Fee for Service.

Performance/Payment Timeframes that continue Beyond Contract Duration All terms of leases, rentals, maintenance, or other agreements for services entered into during the duration of this contract and whose performance and payment time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new leases, rentals, maintenance, or other agreements for services may be executed after the contract has expired, excepting any options and/or extensions thereto as may be exercised at the sole discretion of MSLC.

Contract Duration The expected duration of this Contract is as follows:

Three (3) years (36 months) commencing on the resulting Contract commencement (start) date.

Two (2) options to renew for one (1) year each. The MSLC, at its sole discretion, shall have the option to extend the term of any Contract(s) resulting from this RFR for up to two (2) one (1) year option periods. The MSLC shall exercise its option by submitting written notice to the Successful Bidder at least thirty (30) days prior to the termination.

Total Contract Duration: initial term is three (3) years. MSLC will have sole discretion to exercise two (2) one (1) year options. Total contract duration with options is five (5) years.

No goods may be ordered and no new leases, rentals, maintenance, or other agreements for services may be executed after the Contract or any options thereto have expired.

The exercise of each option by the MSLC at its sole discretion, and accepted by the Successful Bidder shall constitute an acceptance of all contract terms provided herein unless amended in writing and executed by the MSLC and the Successful Bidder.

Estimated Value of the Contract The estimated value resulting from this Bid is to be determined (TBD). The MSLC makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR. Any estimates or past solicitation volumes referenced in this RFR are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

If, due to unforeseen circumstances, the scope of services is substantially changed or modified, the MSLC maintains the right to amend the contract to increase or decrease the maximum obligation in order to obtain the best value. The Successful Bidder will be bound by the terms of the contract and the MSLC will not be responsible for price increases due to market fluctuations or product availability.

Times are Eastern Standard Time (EST), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

2.2 Evaluation Process and Criteria (Components)

The evaluation process and criterion are designed to select Bid Quote/Response that offer the best value to the MSLC. Only responsive proposals that meet all mandatory requirements, as outlined in this RFR, will be evaluated, scored and qualified by the SST/PMT. The following process will be followed to review the criteria and specifications set forth in this RFR:

A. Review of all mandatory specifications;

B. Evaluate and score all highly desirable specifications;

C. Evaluate and score all desirable specifications;

D. Assess points for Invest in Massachusetts Data Form (see Attachment J);

E. Assess points for Supplier Diversity Program (SDP)/(see Attachment G Three [3] Forms);

F. Cost (Attachment C – Cost Table including years one [1] through three [3], for scoring purposes).

The SST/PMT may add a scoring category for Oral Presentations/Product Demonstrations if it deems appropriate to assess what is the best value for the MSLC. Bidder’s scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter into negotiations with the MSLC to receive a contract award.

2.3 Mandatory Requirements

Mandatory specifications must be met in order for a Bid to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components to them that may be evaluated by the SST/PMT. The SST/PMT reserves the right, in its discretion, to determine if non-compliance with a mandatory specification is insignificant or can be easily corrected.

Bid sections that include terms such as “must”, “shall”, “will” and “required” are “mandatory.” Failure to meet the requirements of a mandatory specification without providing an alternate that is acceptable to the SST/PMT may result in the disqualification of a Bidder's proposal.

2.4 Highly Desirable and Desirable Specifications

Highly desirable and desirable specifications will be scored according to the written Evaluation Criteria as established by the SST/PMT.

The RFR specifications prefaced with language such as: “highly desirable”, "desirable", "could," "can," "should," "preferably," "prefers," "suggested," and "requested" identify a discretionary item or factor which will receive points in the evaluation criteria.

2.5 Alternatives

A proposal, that fails to meet any material term or condition of the Bid, including the submission of required attachments, may lose points or be deemed unresponsive, and disqualified. Unless otherwise specified, Bidders may submit proposals offering alternatives, which provide equivalent, better or more cost effective performance than achievable under the stated Bid specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the contract. The Quote/Response should describe how any alternative achieves substantially equivalent or better performance to that of the Bid specifications.

The SST/PMT will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this Bid is to provide the overall best value of commodities and/or services to accomplish the best value and fulfill the MSLC procurement needs.

2.6 Cost Table

The Cost Table (see Attachment C) must be fully completed. The Cost Table must be submitted to COMMBUYS as a separate file and clearly name it “Cost Table – Attachment C Advertising Services - COMMBUYS Bid Number: BD- 15-1062-LOT-00001-00000003432, MSLC Document Number: RFR LOT #1508”. Compensation will be based solely on the Cost Table supplied by the Bidder and accepted by the SST/PMT. The Cost Tables must contain all goods and services to be provided on this contract.

Please note: Do not put any cost related information in the main portion of the Quote/Response. All cost related information, either direct, or that can be derived, must only be in the cost proposal portion of the Quote/Response. Inclusion of cost related information in the main portion of the Quote/Response will result in the disqualification of the Quote/Response.

Costs which are not specifically identified in the Bidder’s Quote/Response and accepted by the MSLC as part of a contract, will not be compensated hereunder. The MSLC will not be responsible for any costs or expenses incurred by Bidders responding to this RFR (see Attachment C – Cost Tables).

2.7 Costing Alternatives

Bidders may propose alternatives for equivalent, better or more cost effective performance than specified under the Bidder’s original Quote/Response at any time during the life of the contract and any subsequent renewals.

2.8 Oral Presentations/Product Demonstrations

Successful Bidders who are asked to participate in Oral Presentations/Product Demonstrations will be expected to prioritize this in their schedules. The SST/PMT will make every effort to find a mutually convenient time for the Bidder and the SST/PMT. However, failure to appear at the scheduled time of the presentation/demonstration may result in disqualification, reduction of points or other action that the SST/PMT deems appropriate (see Sections 8.0 and 9.0 for details).

2.9 Best Value

The Contract will be awarded to the Bidder with the highest overall score that has met all mandatory performance and business specifications, provided it is the “best value” for the MSLC. A procurement will be considered in the best interest, or the “best value,” when it 1) supports the achievement of required performance outcomes; 2) generates the best quality and economic value; 3) is performed timely; 4) minimizes the burden on administrative resources; 5) expedites simple or routine purchases; 6) allows flexibility in developing alternative procurement and business relationships; 7) encourages competition and the continuing participation of quality Bidders; and 8) supports Commonwealth and MSLC procurement planning and implementation (801 CMR 21.01 (1)).

The SST/PMT may select the Quote/Response that demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the MSLC. The SST/PMT and a Successful Bidder, or a Bidder, may negotiate a change in any element of contract performance or cost identified in the original RFR or the Successful Bidder’s Quote/Response which results in lower costs or a more cost effective or better value than was presented in the Successful Bidder’s original Quote/Response.

2.10 Electronic Quote/Response Requirement for Bids

COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.COMMBUYS.com. All bid responses must be submitted via COMMBUYS in order to be considered. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Q&A, are all components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid, and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder’s submission of written questions associated with a Bid and publication of official answers.

It is each Bidder’s responsibility to check COMMBUYS for: any amendments, addenda or modifications to this Bid; any Bid Q&A records related to this Bid.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote/Response based on an out-of-date Bid or on information received from a source other than COMMBUYS.

Bidders are advised that the MSLC (1) restricts submission of written questions to the Bid Q&A tool, (2) requires all Quote/Response to be submitted using the online submission tools available to active COMMBUYS account holders only, and (3) requires submission of a Supplier Diversity Program (SDP) Plan as specified in the RFR file attached to this Bid. Bidders are solely responsible to monitor this site for Bid amendments, if any. Bidders may monitor the record by frequently checking the Header Information for the list of Amendments. Bidders with active COMMBUYS accounts may also monitor the record through COMMBUYS email notification and record tracking tools enabled when a vendor acknowledges receipt of a bid. To establish a COMMBUYS account, Bidders must select the Register link on www.COMMBUYS.com and complete the online subscription process.

Bidders may not submit multiple Quotes/Responses in response to a Bid unless the Bid authorizes multiple Quotes/Responses submissions. If you submit multiple Quotes/Responses in response to a bid that does not allow multiple Quotes/Responses, only the latest submission prior to the Bid opening date will be evaluated.

COMMBUYS Subscription. Bidders may elect to obtain a free COMMBUYS Seller subscription which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, in order to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller subscription account.

All Bidders submitting a Quote/Response in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; (4) they understand and acknowledge that all references to the Comm-PASS website, or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (5) in the event the Commonwealth adopts an alternate market center system, they will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

The COMMBUYS system introduces new terminology, which Bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

2.11 Written Questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SST/PMT regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The MSLC reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions. Upon any submission to COMMBUYS, the MSLC requires that all Bidders send an email to lotteryprocurement@masslottery.com confirming their submission. The email shall read as follows: “This email is to confirm that [Bidder Name] has submitted a response [or question] for RFR #1508 through COMMBUYS.” MSLC staff will confirm receipt of Bidders’ emails

Upon confirmation, Bidders must send a validation email with the COMMBUYS confirmation email attached to Lotteryprocurement@masslottery.com.

Please note: Questions submitted to the SST/PMT using any other medium (including those that are sent by mail, fax, email, or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing, since all of the questions are accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s firm or other companies. The SST/PMT reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the MSLC or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

It is the responsibility of the Bidders to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective Contract Manager, if awarded a contract, and to monitor that email inbox for communications from the MSLC, including requests for clarification. The MSLC and the Commonwealth assume no responsibility if a Bidder’s designated email address is not current, or if technical problems, including those with the Bidder’s computer, network or internet service provider (ISP) cause email communications sent to/from the Bidder and the MSLC to be lost or rejected by any means including email or spam filtering.

2.12 Amendment Deadline

The SST/PMT reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The SST/PMT and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote/Response based on an out-of-date Bid or on information received from a source other than COMMBUYS.

The Bidder must provide the following information:

A. Company affiliations, including but not limited to partnerships, subsidiaries, and joint ventures, if any;

B. Certification, trade associations, and professional affiliations associated with the company, and key individuals within the company, if any;

C. Statutory, certification and license requirements, if any;

D. Brief overview of business entity;

E. Business entity experience, including but not limited to gaming and lotteries;

F. Years in business and years associated with gaming and lotteries;

G. Organizational chart of business entity;

H. List any and all current, pending and past matters relating to bankruptcy, litigation and contract defaults;

I. Most current audited annual financial statements (audited, if available) from the last three (3) complete years;

J. Gross annual revenue for most recently completed fiscal year (FY).

3.2 References and Reference Information and/or Requirements

Bidders must complete the Business Reference Form (Attachment F) as directed. Bidders must provide all requested information on this form for three (3) business references. In completing this form, note that the “Bidder” is the name of the firm submitting a Quote/Response in response to this RFR and the “RFR Name/Title” and the “Agency Document Number” can be found on the cover of this RFR document, and in the Short Description field in the Header Information of the Bid record in COMMBUYS.

Please note: “Reference Name” is the name of the organization (if not applicable, then name of the individual) that is providing the reference; “Contact” is the name of the individual inside the organization that will provide the reference; and the “Address,” “Phone Number” and “Fax/Internet Address” are those of the “Contact” so that the SST/PMT may be able to reach them. The Bidder must provide the following information:

A. Largest customers in MA;

B. Largest state government customers.

3.3 Prohibitions

Bidders are prohibited from communicating directly with any employee of the MSLC or any member of the SST/PMT regarding this RFR, except as specified in this RFR, and no other individual, Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person using the contact information provided in the Header Information of this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk.

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Quote/Response, the Bidder certifies that the Quote/Response has been arrived at independently and has been submitted without any communication, collaboration, agreement, understanding and/or planned common course or action with any other Bidder of the commodities and/or services described in this RFR.

3.4 Reporting

Bidders are responsible for compliance with all other contract reporting requirements including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this RFR.

3.5 Security and Confidentiality

The Successful Bidders must comply with any and all state and federal statutory and regulatory requirements in connection with the transmittal of personally identifying information (PII) or information which may be used to identify individuals including but not limited to email and IP addresses. The Successful Bidder shall comply fully with all security procedures, data security and privacy requirements herein this Contract and of the Commonwealth and Commonwealth Agencies in performance of the contract. The Successful Bidder shall not divulge to third (3rd) parties any confidential information obtained by the Successful Bidder or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency.

3.6 Audit

During the term of this Contract and for a period of six (6) years thereafter, the MSLC, its auditors, the Operational Services Division (OSD), the Office of the Inspector General (IGO) or other authorized representatives shall be afforded access at reasonable times to Successful Bidder’s accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Contract. If such an audit indicates that the Successful Bidder for example, has materially overcharged the MSLC, the Successful Bidder or agrees to remit the overcharged amount and be responsible for payment of any costs associated with the audit.

3.7 Samples

Unnecessary samples, attachments, or documents not specifically asked for should not be submitted.

3.8 Freight

Unless otherwise specified, all products and services shall be FOB Destination. The MSLC will not assume any separate freight, mileage, travel time, or any other associated charges in addition to the Bid price. Any charges of this nature must be included in the Bid price.

3.9 Required Submissions

A. Bidders must provide a detailed narrative description of the work.

B. Bidders must identify the specific individual(s) who will coordinate and perform the services to the MSLC and include a detailed resume of each individual’s educational and professional background, experience, and accomplishments.

C. The Successful Bidder shall commit to providing a team and a team leader for the MSLC. If the Team Leader(s) are re-assigned or no longer assigned to the MSLC account, the Bidder shall fill the vacant position with an individual who has comparable or better experience and training. That replacement shall be made subject to MSLC’s approval.

D. Bidders must provide a summary description of the Bidders’ firm (entity) including but not limited to the structure (proprietorship, partnership, corporation, etc.), principals of the entity, number of employees, locations, etc. Also, provide a description of the resources available to the entity to assist in performing the work required in this RFR, such as computer resources and proper records retention.

E. Bidders must, if applicable, list and describe all litigation (including outcome) for the last five (5) years that relates to any action taken by a private, state or federal actor against the Bidder as a whole or an employee(s) specifically, which emanates from the improper conduct of any employee(s)/former employee(s) during their term of employment with the Bidders, including but not be limited to, actions of perjury, bribery, corruption, conflict of interest, larceny, environmental violation, and other civil and/or criminal actions that would be contrary to the accepted conduct of a Successful Bidder working in partnership with a State Agency.

F. The Successful Bidder must continue to provide any such new information, including but not limited to notices of bankruptcy, litigation, and contract defaults, during the life of the contract period. The Successful Bidder must also include: last bankruptcy, current/pending litigation, and any defaults on contracts.

G. Bidders must provide Financial Statements (audited, if available) from the last three (3) most recent complete years.

H. Bidders must submit the Cost Table via a separate file in COMMBUYS and clearly name it: “Cost Table – Attachment C -. Advertising Services - COMMBUYS Bid Number: BD- 15-1062-LOT-00001-00000003432, MSLC Document Number: RFR LOT #1508.

Please note: All cost related information, either direct, or that can be derived, must only be in the cost proposal portion of the Quote/Response.

I. Bidders must describe the format they intend to use to invoice the MSLC. The invoices must provide the MSLC with easily understood information to be able to properly and completely monitor project status relative to payments. This must include, and is not limited to: the MSLC Reference Number, Contract Number, dates of service, a unique Invoice Number, and specific tasks. Electronic submission of invoices is acceptable to the MSLC’s Finance Accounts Payable Division upon request of the format.

3.10 Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products (EPP) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program; the order can be seen at www.mass.gov/epp.

To be eligible for contract award, a Bidder must agree and comply with the following provisions:

A. The Bidder must agree to the terms and conditions contained within the Commonwealth Terms and Conditions attached hereto as Attachment A and the Standard Contract Form Attached hereto as Attachment B.

B. The Bidder must comply with all Federal, State, and local rules and regulations as they apply to the work to be performed under this RFR.

C. The Bidder must have three (3) years of demonstrable and relevant experience in a business or similar to that which is described in this RFR with the capacity to accommodate all the needs contained in this RFR.

D. The Bidder must provide the retained clients retention rate for the last three (3) years.

E. The Bidder must provide a minimum of three (3) references for which work has been performed, preferably similar in scope and size to that specified in this RFR within the prior three (3) years of the date of this RFR (see Attachment F).

F. The Bidder must include a statement acknowledging that all technical and business requirements are understood and shall be complied with by the Bidder in performing the service(s) being sought by the MSLC.

G. The Bidder must state that pursuant to M.G.L. c. 7, § 22 (20) the undersigned certifies under the penalties of perjury that this proposal is in all respects bona fide, fair and made without collusion or fraud with any other person. The word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

H. The MSLC will own all right, title and interest in all data that is related to the services provided by this contract. The Bidder shall not access any MSLC data except (1) in the course of data center operations, (2) in response to service or technical issues, or (3) as required by the express terms of this contract. All data obtained by the Bidder in performance of this contract shall become and remain the property of the MSLC. All data shall be returned and/or destroyed, at the discretion of the MSLC at the end of the term of this agreement. Providers are prohibited from using the data for any purpose not intended or authorized. This includes copying, disclosing or otherwise using the data or any information collected for purposes not required as part of the services pursuant to the contract or authorized by the MSLC. The Bidder shall implement and maintain appropriate administrative, technical and organization security measures to safeguard against unauthorized access, disclosure, or theft of data and or access to data. Such measures shall be in accordance with recognized industry practice and not less stringent than the measures the Bidder applies to its own data. The Bidder shall not use any information collected in connection with the service issued from this RFR for any purpose other than fulfilling the service.

I. Determinations and/or requirements for and as to all intellectual property and/or proprietary information, including but not limited to copyright, licensing agreements, and processes, and the use thereof existing, shall be made in consultation and review with the Bidder for the best means of protecting the MSLC’s property, and information while accomplishing the MSLC purposes as stated herein.

J. The MSLC reserves the right to obtain, from sources other than the Bidder, information concerning the Bidder, the Bidder’s capabilities and the Bidder’s performance under other contracts which the MSLC deems pertinent to this RFR and to consider such information in evaluating the Bidder’s bid.

4.2 Limitation of Liability and Indemnification

Bidder agrees to and shall comply with the following provisions:

A. The MSLC shall not be liable to Bidder under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred including loss of data, whether or not the MSLC should have been advised or should have been aware of the possibilities of any such losses arising.

B. To the maximum extent permitted by law, Bidder agrees to defend, indemnify and hold harmless the MSLC, its directors, officers, and employees from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses arising out of or accruing from any violation of this agreement and your product infringing upon any copyright, trademark, trade secret, patent or other intellectual property right of any person or entity, whether or not involving a third party claim, which arise out of or relate to (1) any breach of any representation or warranty of contained herein, (2) any breach or violation of any covenant or other obligation or duty of enumerated herein or under applicable law, in each case whether or not caused by the negligence of the MSLC or any other indemnified party and whether or not the relevant claim has merit.

C. The Bidder acknowledges, accepts and shall be governed by the provisions of the Digital Millennium Copyright Act (DMCA) and shall hold harmless the MSLC for and/or in connection of information thereof for any violations, including transmission, reproduction and/or use of any protected or restricted material beyond that allowed by fair use.

D. The MSLC must be notified of any security incident or data breach immediately upon becoming aware of such incident or data breach. Upon such knowledge, the Successful Bidder shall notify the MSLC contract manager by telephone and then provide a security incident report within twenty four (24) hours. The Successful Bidder shall (1) cooperate with the MSLC as reasonably requested to investigate and resolve the incident or breach to the satisfaction of the MSLC (2) implement necessary remedial measures, if necessary, and (3) document responsive actions.

4.3 Alterations

Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in this RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Quote/Response.

4.4 Ownership of Submitted Quote/Response

The SST/PMT shall be under no obligation to return any Quote/Response or materials submitted by a Bidder in response to this RFR. All materials submitted by Bidders become the property of the MSLC and will not be returned to the Bidder. The MSLC reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote/Response, whether or not the Quote/Response is selected for contract award.

Quote/Response stored on COMMBUYS in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active. Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as a Universal Serial Bus [USB] or flash drive, as a backup.

4.5 Commonwealth Tax Exemption

Invoices submitted to Massachusetts government entities must not include sales tax.

4.6 Bidder’s Contact Information

It is the Successful Bidder’s responsibility to keep its Contract Manager information current. If this information changes, the Successful Bidder must notify the MSLC Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order on COMMBUYS.

The Commonwealth assumes no responsibility if a Successful Bidder’s designated email address is not current, or if technical problems, including those with the Successful Bidder’s computer, network or internet service provider (ISP), cause email communications between the Successful Bidder and the SST/PMT to be lost or rejected by any means including email or spam filtering.

4.7 Publicity

Any Successful Bidder awarded a contract under this RFR is prohibited from selling or distributing any information collected or derived from the contract.

4.8 News Releases

The Successful Bidder shall not issue any news releases, advertising, social media or promotional materials pertaining to the performance of the contract without prior written approval by the Executive Director of the MSLC.

4.9 Other Required Specifications and Limitations

A. Electronic Funds Transfer (EFT). All Bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) {Attachment I} program for receiving payments, unless the Bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (massfinance.state.ma.us/VendorWeb/vendor.asp).

Successful Bidders, upon notification of contract award, will be required to enroll in EFT as a Contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to the MSLC for review, approval, and forwarding to the Office of the Comptroller. If the Bidder is already enrolled in the program, it may so indicate in its Response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the SST/PMT on a case-by-case basis if participation in the program would be unduly burdensome on the Bidder. If a Bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its Response. The SST/PMT will communicate the findings with the Bidder.

B. Minimum Quote/Response (Bid Response) Duration. Bidder’s Quote/Response made in response to this Bid must remain in effect for at least one hundred twenty (120) calendar days from the date of Quote/Response submission.

C. Public Records. All responses and information submitted as a response to this RFR may be subject to the Massachusetts Public Records Law, M.G.L., c. 66, § 10, and c. 4, §§ 7, 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

D. Reasonable Accommodation. Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of this RFR information in an alternative format, must communicate such requests in writing to the contact person. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for this RFR. The SST/PMT reserves the right to reject unreasonable requests.

E. Restriction on the Use of the Commonwealth Seal. Bidders are prohibited by law from the use of the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are…