Agent Hardware RFQ.pdf

Agent Location Hardware

RFQ LOT# 1701 Page 1 of 103

The Commonwealth of Massachusetts

Massachusetts State Lottery Commission

60 Columbian Street, Braintree, MA 02184

REQUEST FOR QUALIFICATIONS

Document Title:

AGENT LOCATION HARDWARE

COMMBUYS Bid Number: BD-17-1062-LOT-00001-00000009131

MSLC Document Number: RFR LOT # 1701

RFQ Release Date: August 11, 2016

RFQ Response Due Date/Time: September 22, 2016 at 3:00 PM

Please note: This is a single document associated with a complete Bid (also referred to as

Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The

Helpline is staffed 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.

http://www.commbuys.com/ mailto:COMMBUYS@state.ma.us

RFQ LOT# 1701 Page 2 of 103

1 RFQ INFORMATION

1.1 SUMMARY AND PURPOSE

1.2 CALENDAR

1.3 RFQ INSTRUCTIONS

1.4 EVALUATION CRITERIA

1.5 RFQ TERMS AND CONDITIONS

1.6 COMPONENTS OF PROCURMENT

1.7 RFQ DEFINITIONS

2 PHASE ONE EVALUATION – MANDATORY RESPONSE REQUIREMENTS

2.1 Phase One Evaluation Checklist

2.2 Mandatory Bidder Requirements

2.3 Mandatory Forms

3 MSLC INFORMATION

3.1 ABOUT THE MSLC

3.2 MSLC Business Overview

3.3 Background to this RFQ

3.4 Related Solicitations

3.5 Scope of this RFQ

3.6 Performance and Contract Specifications

RFQ LOT# 1701 Page 3 of 103

4 PHASE TWO EVALUATION – TECHNICAL SPECIFICATIONS

4.1 General requirements for all hardware components in all product categories

4.2 Category I: Full Service Terminal

4.3 Category II: Compact Terminal

4.4 Category III: Mobile Terminal

4.5 Category IV: Ticket Checker/customer interaction device

4.6 Category V: Player Activated Terminal

4.7 Category VI: Miscellaneous peripherals and devices

5 Appendices

RFQ LOT# 1701 Page 4 of 103

1 RFQ INFORMATION

1.1 SUMMARY AND PURPOSE

The Massachusetts State Lottery Commission (“MSLC” or “Lottery”) requests qualification statements from companies interested in providing Agent Location Hardware and associated peripherals including software (Operating System, drivers and API) to support an integration to the existing ProSys lottery host system and migration to an upgraded host platform (determined in a separate procurement process).

The purpose of this Request for Qualifications (“RFQ”) is to allow the MSLC to select companies that are qualified to provide specific equipment on an as needed basis in the following categories:

1. Full Service Terminals

2. Compact Terminals

3. Mobile Terminals

4. Ticket Checkers

5. Player Activated Terminals

6. Miscellaneous Peripherals and Devices

A company responding to this RFQ may respond with respect to any or all of the categories and may ultimately be qualified to provide the desired equipment in more than one category. It is the intent of the MSLC for this RFQ to result in the selection of separate groups of companies qualified to provide equipment with respect to each category. Although the purpose of this RFQ is to establish a qualified list of firms, the MSLC provides no assurance that any company chosen to be part of a particular group will be requested to provide services for the related category.

Procurement Purpose and Guiding Principles

The mission of the MSLC is rapidly expanding while the system is aging and the technical limitations are impeding the ability of the system to keep up with increasing business demands.

Efforts to design, develop, and implement new system hardware must adhere to the following guiding principles:

1.1.1.1 Flexibility:

The MSLC processes may be subjected to both administrative and legislative/regulatory change throughout the duration of the Contract as well as a changing face of the gaming industry in

Massachusetts. MSLC is interested in solutions that ensure flexibility and enable the MSLC to adapt to new requirements with a minimum amount of effort.

RFQ LOT# 1701 Page 5 of 103

1.1.1.2 Quality/Ease of Use:

MSLC places high value on solutions that create and deliver quality with a minimum of human interaction, input and effort. Additionally MSLC favors solutions that consider the impact of change on our users and end-customers.

1.1.1.3 Information:

MSLC places high value on providing internal operations with accurate and reliable data for the purposes of measuring operational and process performance. Data should be easily accessible for analysis, modeling, and reporting, providing the knowledge related to the customers, business partners, economic and legislative environments, other jurisdictions, and internal Operations.

1.1.1.4 Interoperability:

The MSLC operates in a similar fashion to that of the retail industry. In that respect, our customer’s expectations are strongly influenced by the changes that have taken place in the everyday retail environment. We expect to increase the use of our stakeholder and business partner communities to undertake the MSLC’s processes at their point of origin, rather than requiring multiple steps culminating in a trip to the MSLC.

1.1.1.5 Simplicity/Reliability:

The MSLC places high value on solutions that enable the Lottery Sales Agent to complete her job predictably and to interact with the customer in an efficient, straightforward manner.

1.2 CALENDAR

EVENT

DATE

RFQ Release Date August 11, 2016

Initial Deadline for Submission of Questions through COMMBUYS (“Bid Q&A”)

August 25, 2016 by 5PM

Official Answers/Response for Bid Q&A published (estimated).

September 1, 2016

RFQ LOT# 1701 Page 6 of 103

Initial Response Deadline September 22, 2016 by 3PM

TIMES ARE EASTERN TIME, 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.

Subsequent to the initial response deadline, this RFQ will remain open and proposals will be accepted through January 31, 2021 (open and rolling period) unless otherwise indicated. Proposals will be reviewed quarterly and awards for contracts will be made on a rolling basis throughout the open period.

Questions concerning this RFQ will be accepted throughout the open period.

Please note: Any future RFR’s related to this RFQ will ONLY be issued to the qualified vendors selected as a result of this RFQ. In order to receive any future RFR related to this RFQ the vendor MUST be included in the qualified list of vendors. After the initial response deadline, Responses will only be reviewed on a quarterly basis beginning December 2, 2016.

1.3 RFQ INSTRUCTIONS

Response Submission:

1.3.1.1 COMMBUYS

All responses will be posted to COMMBUYS. COMMBUYS is the Commonwealth’s state-of-the-art electronic Market Center supporting online commerce between government purchasers and business

(see www.COMMBUYS.com).

Bidders should be advised that only written responses from the MSLC will be binding on the MSLC, the

PMT encourages the Bidder to submit written inquiries (by the required due date) in cases where a clear and binding response may be required.

1.3.1.2 Response Deadline

Initial responses are due no later than 3PM on September 22, 2016 and must be submitted to

COMMBUYS (COMMBUYS@state.ma.us) as directed. In addition to the required official submissions in

COMMBUYS the Bidder must also submit the Quote/Response (1) original, twelve (12) paper copies, and two (2) removable media (USB stick/flash drive) to the contact person below. Failure to adhere to these requirements may result in the disqualification of the bid. A facsimile Response will not qualify as a mailto:COMMBUYS@state.ma.us

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“submission” for deadline purposes in advance of or in lieu of a hard copy submission. The MSLC requires mail or personal delivery, hard copies, sealed responses, no faxed or electronic responses.

Response and attachments must be delivered to:

Erin C. Nally Legal and Financial Analyst

Massachusetts State Lottery Commission 60 Columbian Street Braintree, MA 02184

Bids must be clearly marked “Agent Location Hardware - RFQ LOT # 1701 - COMMBUYS Bid Number:

BD-17-1062-LOT-00001-00000009131”.

Important: Bids enclosed in FedEx or UPS type shipping packages must be clearly marked with the bid number and title on the outer most container in order to be distinguished from regular delivery items.

COMMBUYS is the only official procurement record system for the Commonwealth of Massachusetts.

Responses submitted in COMMBUYS will supersede all hard copy Responses received via mail or personal delivery

Upon confirmation, Bidders must send a validation email with the COMMBUYS confirmation email to

Lotteryprocurement@masslottery.com.

The MSLC will not be responsible for improperly marked Responses.

Point of Contact

From the issue date of this RFQ until a Bidder is selected and a contract is executed and approved, Bidders are not allowed to communicate with any MSLC staff, Massachusetts Treasury staff or contractors working for the MSLC or Massachusetts Treasury regarding this procurement except the designated point of contact.

The only point of contact for this RFQ and any subsequent related Requests is:

Erin C. Nally Legal and Financial Analyst

Massachusetts State Lottery Commission 60 Columbian Street Braintree, MA 02184 mailto:Lotteryprocurement@masslottery.com

RFQ LOT# 1701 Page 8 of 103 lotteryprocurement@masslottery.com

Response Provisions

When responding to this RFQ, Bidder’s should take note of the following provisions.

1.3.3.1 The MSLC reserves the right to request additional information from firms responding to this

Request. Additionally, upon reviewing the responses the MSLC may decide to have certain firms make oral presentations.

1.3.3.2 The MSLC reserves the right to reject any and all responses to this request, to waive any minor informality in a response, to request clarification of information from any firm responding and to effect any agreement deemed by the MSLC to be in the Commonwealth’s best interest with one or more of the firms responding. The MSLC reserves the right to amend or cancel this RFQ at any time.

1.3.3.3 All responses and their contents submitted in response to this RFQ shall become the property of the MSLC and will not be returned to the Bidder. Bidders are cautioned that ideas, techniques, information, etc., submitted as part of the Bidder’s response may be used by the

MSLC without separate payment to the Bidder or Sub-Contractors.

1.3.3.4 The MSLC will not reimburse any firm for any costs associated with the preparation or submittal of any response to this request or for any travel and/or per diem incurred in any presentation of such responses.

Disqualification of Responses

Reasons for disqualification of responses include, but are not limited to:

mailto:lotteryprocurement@masslottery.com

RFQ LOT# 1701 Page 9 of 103

1.3.4.1 Nonresponsive Proposals. Proposals which are not responsive or which fail to comply with mandatory requirements of the RFQ shall be deemed nonresponsive and shall be disqualified.

Nonresponsive proposals shall include, but not be limited to those, which fail to address or meet any mandatory item, and those submitted in insufficient number, or in incorrect format.

1.3.4.2 Collusion. Collusion by two or more Bidders agreeing to act in a manner intended to avoid or frustrate fair and open competition is prohibited and shall be grounds for rejection or disqualification of a proposal or termination of this contract.

1.3.4.3 Debarred Bidders or Subcontractors. A Bidder who is currently subject to any Commonwealth or federal debarment order or determination, shall not be considered for evaluation by the

PMT. If a Bidder’s proposal is dependent upon the services of a named subcontractor and the disqualification of this named subcontractor would materially alter the proposal, then that proposal shall be deemed unresponsive if the named subcontractor is found to be debarred.

Proposals that indicate that subcontractors will be used but do not rely on any specifically named subcontractor shall not be deemed unresponsive if the disqualification of a proposed subcontractor will not materially alter the proposal.

QUESTIONS AND ANSWERS

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 PMT regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). It is the Bidder’s responsibility to verify receipt of questions. Upon confirmation, Bidders must send a validation email with the COMMBUYS confirmation email attached to Lotteryprocurement@masslottery.com.

Please note: Questions submitted to the 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 company or other companies. The 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.

mailto:Lotteryprocurement@masslottery.com

RFQ LOT# 1701 Page 10 of 103

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

It is the responsibility of the prospective Bidder and awarded Bidder 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 prospective Bidder’s/awarded Bidder’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Bidder’s computer, network or internet service provider (“ISP”) cause email communications sent to/from the prospective

Bidder/Awarded Bidder and the MSLC to be lost or rejected by any means including email or spam filtering.

1.4 EVALUATION CRITERIA

Evaluation Process and Criteria

The RFQ Evaluation Process will be conducted in two phases that will be evaluated separately. An evaluation team consisting of staff from the MSLC will complete the Phase One Evaluation for all proposal submissions. The purpose of the Phase One Evaluation is to eliminate any bids that are non-responsive to the mandatory requirements of the RFQ. Bids that are deemed to be qualified based on the Phase One Evaluation will be submitted to the PMT, consisting of staff from the MSLC for Phase Two

Evaluation.

1.4.1.1 Phase One Evaluation:

Bidder’s Responses will be evaluated based on listed criteria, completeness of response, including mandatory attachments and compliance to submission criteria. Bids that do not comply with these requirements will be rejected and will not proceed to Phase Two Evaluation. Please be aware that if any

Bidder does not meet a Phase One requirement, MSLC Staff reserves the right to allow that Bidder to cure.

1.4.1.2 Phase Two Evaluation:

In this phase, Technical Proposals will be evaluated based upon the proven ability of the vendor to satisfy the requirements and qualifications necessary to perform the requested services.

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Awarding of Work

The purpose of this RFQ is to establish a qualified list of firms for a full range of equipment. Accordingly, the Lottery provides no assurance that any firm deemed qualified and selected to be on that list will be requested to provide equipment for any particular purpose or at any time.

Open and Rolling Submissions

Subsequent to the initial response deadline, this RFQ will remain open and proposals will be accepted through January 31, 2019 (open and rolling period) unless otherwise indicated. Proposals will be reviewed quarterly and awards for contracts will be made on a rolling basis throughout the open period.

Questions concerning this RFQ will be accepted throughout the open period.

Any future RFR’s related to this RFQ will ONLY be issued to the qualified vendors selected as a result of this RFQ. In order to receive any future RFR related to this RFQ the vendor MUST be included in the qualified list of vendors. After the initial response deadline, Responses will only be reviewed on a quarterly basis beginning December 2, 2016.

Additional Categories

The PMT may create additional categories at any time (for example, a specific category for tablets) if it is in the best interests of the Lottery to do so. Any new categories will be open for bidding by all qualified bidders and not limited to companies who are on the qualified list(s) created as a result of this RFQ.

1.5 RFQ TERMS AND CONDITIONS

RFQ General Information

The MSLC is exempt from 801 Code of Massachusetts Regulations (CMR) 21.00: Procurement of

Commodities and Services, but has opted to follow these regulations in this RFQ. Therefore, unless a conflict with any other applicable law or statute arises, the MSLC will conduct itself as a “procuring department” as that term is used in 801 CMR 21.00 which provisions are otherwise incorporated herein by reference. Additional definitions may also be identified in this RFQ. All terms, conditions, requirements, and procedures included in this RFQ must be met for a response to be qualified as responsive. A response that fails to meet any material term, condition, requirement or procedure of this RFQ may be deemed unresponsive and disqualified. The MSLC reserves the right to waive or permit cure of non-material errors or omissions. The MSLC reserves the right to modify, amend or cancel the terms of the RFQ at any time. Unless otherwise specified, all communications, responses, and documentation regarding this RFQ must be in English, all measurements must be provided in feet, RFQ LOT# 1701 Page 12 of 103 inches, and pounds and all cost proposals or figures in U.S. Currency. All responses must be submitted in accordance with the specific terms of this RFQ.

This RFQ is in accordance with the World Trade Organization Government Procurement Agreement.

Procurement Specifications

1.5.2.1 Alternatives.

Any proposal failing to meet any material term or condition of this Bid, including submission of required attachments, may 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 Response should describe how any alternative achieves substantially equivalent or better performance to that of the Bid specifications.

1.5.2.2 Bidder Communication.

Bidders are prohibited from communicating directly with any employee of the MSLC or any member of the PMT regarding this RFQ except as specified in this RFQ, and no other individual, Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFQ. An exception to this rule applies to individuals or firms that currently do business with the MSLC, but shall be limited to that business, and should not relate to this RFQ. Failure to observe this rule will result in disqualification. Bidders may contact the contact person using the contact information provided in the Header Information of this Bid in the event that this RFQ is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk (See the document cover page for contact information).

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a

Response to this RFQ, the Bidder certifies that the 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

RFQ.

RFQ LOT# 1701 Page 13 of 103

1.5.2.3 Reasonable Accommodation.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFQ information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case-by-case basis. A Bidder requesting accommodation must submit a written statement, which describes the Bidder’s disability and the requested accommodation to the contact person for the RFQ. The PMT reserves the right to reject unreasonable requests.

1.5.2.4 Change in Financial Condition.

Bidders shall be required to immediately inform the Executive Director of the MSLC in writing of any major change in the financial condition or organization of the company. Misrepresentation or failure of the Bidder to notify the MSLC shall be grounds for contract award cancellation and/or termination.

The MSLC reserves the right to request a business profile and financial condition report on any corporation, parent company, directors, principals, officers, partnerships or sole proprietorships involved in submitting a response to this RFQ.

1.5.2.5 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 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 Bidder has materially overcharged the MSLC, the Bidder agrees to remit the overcharged amount and be responsible for payment of any costs associated with the audit.

1.5.2.6 Samples.

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

1.5.2.7 Freight.

Unless otherwise specified in writing, all products and services shall be “FOB Destination” and shall be the freight for the Master Agreement unless otherwise agreed to by the parties. The MSLC will not assume any separate freight, mileage, travel time, or any other associated charges in addition to the Bid

RFQ LOT# 1701 Page 14 of 103 price. Any charges of this nature must be included in the Bid price. All risk shall be determined by freight and unless agreed to by the parties in writing.

1.5.2.8 Public Records.

All responses and information submitted as a response to this RFQ 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.

Bidders are advised that all proposals are deemed sealed, and therefore their contents will be treated as confidential and will not be disclosed to competing Bidders until the evaluation process has been completed.

1.5.2.9 Alterations.

Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in this RFQ. 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 Response.

1.5.2.10 Estimated Provisions.

The MSLC makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFQ. Any estimates and/or past or current procurement volumes referenced in this

RFQ are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

1.5.2.11 Conflict of Interest.

Prior to award of any contract, the vendor shall certify in writing to the procuring agency that no relationship exists between the vendor and the procuring or contracting agency that interferes with fair competition or is a conflict of interest, and no relationship exists between the vendor and another person or organization that constitutes a conflict of interest with respect to a state contract. The MSLC may waive this provision, in writing, if these activities of the vendor will not be adverse to the interests of the Commonwealth. No official or employee of the Commonwealth who exercises any function or responsibility in the review or approval of the undertaking or carrying out of this project shall, prior to the completion of the project, voluntarily acquire any personal interest, either directly or indirectly, in this contract or proposed contract.

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The Bidder shall provide assurance that it presently has no interest and shall not acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of its services hereunder. The Bidder shall also provide assurances that no person having any such known interests shall be employed during the performance of this contract.

1.5.2.12 Brand Name or Equal.

Unless otherwise specified in this RFQ, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFQ to any manufacturer or proprietor or to constitute an endorsement of any service. The MSLC will consider clearly identified offers of substantially equivalent services submitted in response to such reference.

1.5.2.13 Costs.

The Commonwealth will not be responsible for any costs or expenses incurred by Bidders responding to this RFQ.

1.5.2.14 COMMBUYS.

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 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

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COMMBUYS account holders only, and (3) requires submission of a Supplier Diversity Program (SDP)

Plan as specified in the RFQ 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 COMMBUYS website, or related requirements throughout this RFQ, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and

(6) 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 may use 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.

1.5.2.15 Electronic Communication/update of Bidder's contractors contact information.

It is the responsibility of the prospective Bidder and awarded contractor to keep current the E-mail address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/conduct-a-procurement/commbuys/quick-click-resource-center.html

RFQ LOT# 1701 Page 17 of 103 monitor that E-mail inbox for communications from the PMT, including requests for clarification. The

PMT and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded contractor’s designated E-mail address is not current, or if technical problems, including those with the prospective

Bidder’s/awarded contractor’s computer, network or Internet service provider (ISP) cause E-mail communications sent to/from the prospective Bidder/awarded contractor and the PMT to be lost or rejected by any means including E-mail or spam filtering.

1.5.2.16 Electronic Funds Transfer.

All Bidders responding to this RFQ must agree to participate in the Commonwealth Electronic Funds

Transfer (“EFT”) program for receiving payments, unless the Bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both Bidders and the Commonwealth because it ensures fast, safe and reliable payment directly to Bidders and saves both parties the cost of processing checks. Bidders 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 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 PMT will consider such requests on a case-by-case basis and communicate the findings with the Bidder.

1.5.2.17 Environmental Response Submission Compliance.

In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all responses submitted should comply with the following guidelines:

All copies should be printed double sided.

All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e., paper made from raw materials other http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/osd-forms.html http://www.mass.gov/osd https://massfinance.state.ma.us/VendorWeb/vendor.asp https://massfinance.state.ma.us/VendorWeb/vendor.asp

RFQ LOT# 1701 Page 18 of 103 than trees, such as kenaf). To document the use of such paper, a photocopy of the ream cover/wrapper should be included with the response.

Unless absolutely necessary, all responses and copies should minimize or eliminate use of non-recyclable or non-reusable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable.

Bidders should submit materials in a format that allows for easy removal and recycling of paper materials.

Bidders are encouraged to use other products that contain recycled content in their response documents. Such products may include, but are not limited to, folders, binders, paper clips, diskettes, envelopes, boxes, etc. Where appropriate, Bidders should note which products in their responses are made with recycled materials.

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

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 Executive Order or the appropriate specifications may be directed to OSD’s EPP Procurement Program; the order can be seen at www.mass.gov/epp.

1.5.2.18 Minimum Bid Duration.

Responses must remain in effect for at least 120 days from the submission deadline and thereafter until either the Bidder withdraws the response in writing, a contract is executed or the procurement is canceled, whichever occurs first.

1.5.2.19 Pricing: Price Limitation.

The Bidder must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the

Commonwealth. If the Commonwealth believes that it is not receiving this lower price as required by http://www.mass.gov/epp

RFQ LOT# 1701 Page 19 of 103 this language, the Bidder must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the contract period in the absence of proprietary information being part of such contracts.

1.5.2.20 Pricing:

Federal Government Services Administration (GSA) or Veteran’s Administration Supply. The

Commonwealth reserves the right to request from the successful Bidder(s) initial pricing schedules and periodic updates available under their GSA or other federal pricing contracts. In the absence of proprietary information being part of such contracts, compliance for submission of requested pricing information is expected within 30 days of any request. If the contractor receives a GSA or Veteran’s

Administration Supply contract at any time during this contract period, it must notify the

Commonwealth contract manager.

1.5.2.21 Restriction on the Use of the Commonwealth Seal.

Bidders and contractors are prohibited by law from the displaying the Commonwealth of Massachusetts

Seal in their bid package or subsequent marketing materials if they are awarded a contract.

1.5.2.22 Restrictions on Use of Information.

Any Bidder awarded a contract under this RFQ is prohibited from selling or distributing any information collected or derived from the contract and/or procurement process, including lists of participating or eligible MSLC employee names, telephone numbers or addresses.

1.5.2.23 Ownership.

All responses and their contents submitted in response to this RFQ shall become the property of the

MSLC and will not be returned to the Bidder. Bidders are cautioned that ideas, techniques, information, etc., submitted as part of the Bidders response may be used by the MSLC without separate payment to the Bidder or Sub-Contractors.

1.5.2.24 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.

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1.5.2.25 Security and Confidentiality.

All materials and information provided to the Contractor by the Commonwealth or acquired by the

Contractor on behalf of the MSLC shall be regarded as confidential information in accordance with

Federal and State law, and ethical standards. The contractor must take all necessary steps to safeguard the confidentiality of such materials or information. 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 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 for this Contract and of the Commonwealth and

Commonwealth Agencies in performance of the contract. The Bidder shall not divulge to third parties any confidential information obtained by the successful Bidder or its agents, distributors, resellers, sub-

Bidders, 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, including but not limited to any data and or information provided to received, maintained, derived, or generated by successful Bidder in the performance of configuring testing or system/data loading or conversion by successful Bidder unless expressly authorized in writing by the MSLC solely for the express purpose of accomplishing the objective for which this RFQ issues.

1.5.2.26 Compliance with Standards.

Bidder shall ensure that all deliverables that shall be used by end users delivered under this agreement adhere to the ITD Enterprise Information Technology Accessibility Standards (the “ITD Standards”) issued by the Commonwealth of Massachusetts’ Information Technology Division (“ITD”). For purposes of this Agreement, Bidder must test against the ITD Standards and the Supplemental Web Accessibility

Testing Criteria Version 1.0, both of which are posted by ITD at www.mass.gov/itd. The ITD Standards and the Supplemental Web Accessibility Testing Criteria may be modified from time to time, and Vendor is responsible for compliance with the most current version in effect on the date that Bidder executes this Agreement.

1.5.2.27 Training.

Bidder shall coordinate with MSLC in the identification of all prospective attendees at Bidder training who require accommodation, and shall cooperate with MSLC in its provision of such accommodation.

All technical and user documentation and any additional training material delivered by Bidder under this

Agreement that specify mouse commands shall also include alternative keyboard commands wherever a http://www.mass.gov/itd

RFQ LOT# 1701 Page 21 of 103 mouse command is specified. Any documentation delivered under this Agreement and wholly owned by the MSLC shall be in an agreed-upon editable format.

1.5.2.28 Maintenance Agreements.

Any maintenance agreement entered into by Bidder and MSLC in connection with the system delivered under this Agreement shall require Bidder to cooperate with MSLC in its efforts to resolve interoperability problems that arise during the term of the maintenance agreement related to the use of such system with specific AT in a specific IT environment.

1.5.2.29 Damages; Retainage

Any Request for Proposal issued pursuant to and/or in connection with shall include, but is not limited to, a provision for liquidated damages and a provision for retainage for the contract.

The PMT reserves the right to modify, amend, or cancel the terms and conditions of this RFQ at any time.

1.6 COMPONENTS OF PROCURMENT

Duration and Renewal Options.

The expected duration of this Contract is five (5) years. Subsequent to the initial response deadline of

September 22, 2016, this RFQ will remain open and proposals will be accepted through January 31, 2021, unless otherwise provided in writing by first class mail and/or posted on COMMBUYS. Proposals will be reviewed quarterly and awards for contracts will be made on a rolling basis throughout the open period.

The MSLC, from time to time, may review and assess its needs in connection with the provision of services, and reserves the right to amend the scope to reflect the needs and best value for MSLC. The

MSLC and successful Bidders may mutually agree to add additional services if in MSLC, sole discretion, determines such need should arise to accomplish the objectives stated herein.

Acquisition Method.

The acquisition method to acquire goods and/or services from this Bid is outright purchase.

Single or Multiple Contracts.

The MSLC reserves the right to award contracts to a single vendor or multiple vendors. It is the MSLC’s intent that multiple firms will be awarded contracts for providing agent location hardware equipment.

RFQ LOT# 1701 Page 22 of 103

Contract Guidelines.

Any contract resulting from this Bid will be open for use to the Lottery only. It is the intent of MSLC that the MSLC is the only user for this contract.

Anticipated Expenditures, Funding or Compensation for Expected Duration.

Any or all expenditures made resulting from contracts from qualified bidders and/or other vendors shall be subject to selected Bidder’s quotes and rates, subject to negotiation, upon MSLC needs and determination of best value.

Contract Performance and Business Specifications

1.6.6.1 Evaluation and Selection of Contractor

The MSLC shall have sole authority to evaluate and make the final selection of Bidder(s) to include on the qualified list pursuant to this RFQ. The selection will be made after evaluation of the business and technical proposals by the PMT and final approval by the Commissioners.

1.6.6.2 Change in Terms

The MSLC reserves the right to make changes and/or modify the specifications identified in the RFQ at any time prior to the closing date. The MSLC reserves the right to negotiate with the selected Bidder(s) as to any element of cost or performance, including without limitation, elements identified in the RFQ and/or the selected Bidder’s response in order to achieve the best value for the Commonwealth.

1.6.6.3 Termination or Suspension

Contractor’s services may be terminated or suspended from the any MSLC’s contract issued in connection herewith for poor performance, failure to perform, breach of regulatory requirements, covenants, duty or other obligation, unauthorized disclosure of information, misrepresentations, fraud or other cause with two (2) weeks prior written notice by the MSLC. Contractors may be terminated from the contract without cause with sixty (60) days prior written notice. The contractor may not terminate the contract or performance thereunder except upon a minimum of 120 days written notice to the MSLC. Other terms regarding contract termination are subject to negotiation between the selected Bidder(s) and the MSLC.

RFQ LOT# 1701 Page 23 of 103

Permits and Compliance

The contractor shall procure and pay for all permits, licenses and approvals necessary to perform the services solicited in this RFQ. The contractor shall comply with all applicable laws, ordinances, rules, orders and regulations related to the performance of the services solicited.

Rejection of Proposals

The MSLC reserves the right to reject any and all proposals submitted under this solicitation.

Fees Subject to the MSLC Signatory Authorization

Any and all fees in connection with any contract pursuant to this RFQ must be approved prior to payment by the MSLC or a designee and are subject to verification of performance.

Subcontracting Policies

Prior approval of the MSLC is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors.

Subcontractors are required to meet the same state and federal financial and program reporting requirements, and payment for services will be made directly by the Vendor to the subcontractor. .

Contract Expansion

If additional funds become available during the contract duration period, the MSLC reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFQ or to execute contracts with contractors not funded in the initial selection process, based upon satisfactory contract performance and service or commodity need.

Concurrent Contracts Running (Renewals and Transitions)

The MSLC shall cancel the contract if funds are not appropriated by the Legislature or otherwise made available to support continuation of performance in any fiscal year succeeding the first year or in the event the vendor does not perform to the satisfaction of MSLC. The MSLC will also have the right to sole discretion in exercising an option to renew, which will not be subject to Vendor acceptance or agreement. Any assistance required for this transition must be provided in a smooth and timely manner. If at any time the contract is canceled, terminated or expires, and a contract is subsequently executed with a firm other than the Vendor, the Vendor shall to assist in the smooth transition of contract services to the subsequent Vendor, and this shall be a requirement of performance.

RFQ LOT# 1701 Page 24 of 103

Failure to Agree to the Terms and Condition

Failure by Bidder to agree to the Commonwealth, MSLC and RFQ terms and conditions may result in

MSLC rejection of the Bidder response.

Ethics in Public Contracting

By submitting their responses, Bidders certify that their responses are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other

Bidder, supplier, manufacturer or subcontractor in connection with their response, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. Bidders 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.

1.7 RFQ DEFINITIONS

In addition to the definitions found in 801 CMR 21.00, which apply to all procurements for goods and services, the definitions found below apply to this Solicitation. Those definitions below designated with an asterisk (“*”) are Quote/Response directly from 801 CMR 21.00 and are included below for quick reference purposes.

Term Definition

Acceptance With respect to any deliverable, a written confirmation by MSLC of its confirmation that deliverable(s) conform, in all material respects, with the criteria set forth by MSLC herein, the Commonwealth Terms and Conditions, the provisions of any Master Service Agreement to be mutually executed, and any other terms and conditions as may be required by the MSLC at its sole discretion

Agency See Department…