CRFP LOT27-01 Solicitation Documents.pdf

Date Printed: Oct 1, 2026 Page: 1 FORM ID: WV-PRC-CRFP-002 2020\05

Department of Administration Purchasing Division 2019 Washington Street East Post Office Box 50130 Charleston, WV 25305-0130

State of West Virginia Centralized Request for Proposals

Info Technology

Proc Folder: 1912445 Reason for Modification:

Doc Description: RFP - Lottery Modern Retail Central Gaming System Solution

Proc Type: Central Master Agreement

Date Issued Solicitation Closes Solicitation No Version

2026-10-01 2027-01-14 13:30 CRFP 0705 LOT2700000001 1

BID RECEIVING LOCATION

BID CLERK

DEPARTMENT OF ADMINISTRATION

PURCHASING DIVISION

2019 WASHINGTON ST E

CHARLESTON WV 25305

US

VENDOR

Vendor Customer Code:

Vendor Name :

Address :

Street :

City :

State : Country : Zip :

Principal Contact :

Vendor Contact Phone: Extension:

FOR INFORMATION CONTACT THE BUYER

Brandon L Barr 304-558-2652 brandon.l.barr@wv.gov

Vendor Signature X FEIN# DATE All offers subject to all terms and conditions contained in this solicitation

Date Printed: Oct 1, 2026 Page: 2 FORM ID: WV-PRC-CRFP-002 2020\05

ADDITIONAL INFORMATION

The West Virginia Department of Administration, Purchasing Division (hereinafter referred to as the "Purchasing Division") is issuing this solicitation as a request for proposal ("RFP"), as authorized by W. Va. Code 5A-3-10b, for the West Virginia Lottery (hereinafter referred to as the "Agency") to provide a contract for Modern Retail Central Gaming System Solution per the attached documentation.

**** Online responses have been prohibited for this solicitation, if you have questions contact the Buyer - Brandon Barr - Brandon.L.Barr@wv.gov

See attached instructions for requirements for responding.

INVOICE TO SHIP TO

LOTTERY

PO BOX 2067

CHARLESTON WV 25327-2067

US

LOTTERY

900 PENNSYLVANIA AVE

CHARLESTON WV 25302

US

Line Comm Ln Desc Qty Unit of Measure Unit Price Total Price 1 Modern Retail Central Gaming System

Solution

Comm Code Manufacturer Specification Model # 43211512

Extended Description:

Equipment and services to operate on-line and instant ticket gaming system per attached specifications. Service Fee as a percentage of sales.

Vendors MUST fill out Cost Sheet included as Exhibit A **ONLINE SUBMISSIONS OF REQUESTS FOR PROPOSAL ARE

PROHIBITED**

See attached instructions for requirements for responding.

SCHEDULE OF EVENTS

Line Event Event Date 1 Technical questions due November 5th at 10am ET 2026-11-05

REQUEST FOR PROPOSAL

(West Virginia Lottery and RFP #)

Revised 07/01/2021

TABLE OF CONTENTS

1. Table of Contents

2. Section 1: General Information and Instructions

3. Section 2: Instructions to Vendors Submitting Bids

4. Section 3: General Terms and Conditions

5. Section 4: Project Specifications

6. Section 5: Vendor Proposal

7. Section 6: Evaluation and Award

8. Certification and Signature Page

SECTION 1: GENERAL INFORMATION

1.1. Introduction:

The West Virginia Department of Administration, Purchasing Division (hereinafter referred to as the

“Purchasing Division”) is issuing this solicitation as a request for proposal (“RFP”), as authorized by W. Va. Code §5A-3-10b, for the West Virginia Department of Revenue, West Virginia State Lottery Commission (hereinafter referred to as “Lottery”) to provide equipment and services to operate its draw based (hereinafter referred to as “draw” games) and scratch-off ticket central gaming system (hereinafter referred to as “System”). Service and equipment requirements are within Section 4 of this RFP. This solicitation serves as notice, pursuant to WV Code §5A-3-10c, of the commodity or service being sought and is to be considered the opportunity for vendors to indicate their interest in bidding on such commodity or service.

The RFP is a procurement method in which vendors submit proposals in response to the request for proposal published by the Purchasing Division. It requires an award to the highest scoring vendor, rather than the lowest cost vendor, based upon a technical evaluation of the vendor’s technical proposal and a cost evaluation. This is referred to as a best value procurement. Through their proposals, vendors offer a solution to the objectives, problem, or need specified in the RFP, and define how they intend to meet (or exceed) the RFP requirements.

Any material within the response, including images, pictures, depictions, or diagrams that are not explicitly identified as outside the base product, will be considered part of the base System. The State requires the Contractor to have the proven ability to deliver the types of services sought in this RFP.

The purpose of this section is to provide the State with a basis for determining a Proposer’s capability to undertake a Contract of this size and scope. Unless requested to do so, Proposer must not direct the reader to a website or any other source outside of the applicable RFP section as part of its response to the requirement or question unless it is a map, diagram, or schematic included in another section within the RFP. Responses to scored questions that merely restate the requirement or only indicate an acknowledgment of understanding and a willingness to comply will be considered unresponsive.

1.2. Project: The Lottery will obtain a Vendor to warehouse, distribute, sell, account, monitor, and operate WV Lottery traditional lottery games, including draw-based games and scratch-off games, and installation/maintenance and operations of the System. The successful Vendor shall provide a full range of services and personnel as described in this RFP.

1.3. Oral Statements or Commitments: Any verbal representations made or assumed to be made during any oral discussions held between Vendor’s representatives and any State personnel are not binding.

Only the information issued in writing and added to the Request for Proposal specifications file by an official written addendum is binding.

1.4. Economy of Preparation: Proposals should be prepared economically, providing a straightforward, concise description of the vendor’s abilities to satisfy the requirements of the RFP. Emphasis should be placed on content completeness and clarity.

1.5. Labeling of RFP Sections: The sections within this RFP contain instructions governing how the

Vendor's proposal is to be arranged, submitted, and to identify the material to be included therein.

1.6. Informational Sections and Response Notes: All information specifications do not require a response from the Vendor. They intend to aid the Vendor in structuring an effective proposal that meets the Lottery's needs.

1.7. Definitions and Glossary of Terms:

TERM DEFINITION

ABCA Alcohol Beverage Control Administration, a state agency that has regulatory authority over facilities that sell alcohol.

Acceptance Written notice of approval from the Director is transmitted to the Vendor, stating that the Lottery has evaluated the Vendor's performance and determined that it meets the Lottery's requirements.

Activation, Activate The act of notifying the Lottery through a Retailer Terminal that the Lottery Retailer has begun selling a particular Pack of Scratch Game Tickets, which then authorizes a Retailer and the Lottery to validate and pay a prize from a ticket within that Pack.

ADA Americans with Disabilities Act

Agreement See Contract.

Back-office System Data processing systems support the Lottery's central business operations and are distinct from gaming systems or systems used by retailers at the point of sale. This includes, for example, the Lottery’s ICS systems.

Back-up System A computer system located at the currently active data center (PDC or BDC) that can immediately function as the Primary Production System.

Base Cost The rate proposed by a Vendor for the Online Gaming System and for all items, equipment, software, services, functions, and duties required by the RFP and subject to all of the terms and conditions specified by the RFP, and any other feature or upgrade proposed to be included by the Vendor, represented as a percentage of daily net revenue.

Base System Base System means the standard system marketed and sold to existing customers. It may or may not have all the required functionality described in this RFP.

BDC or Backup Data Center The data center that shall be ready at any moment to take over production of the System from the Primary Data Center.

A geographically separate, highly secure facility designed to host the backup system hardware, software, and data, and has the full functionality of the primary data center, including independent network paths.

BRSL Brightstar Lottery, currently contracted vendor providing the traditional lottery system and services to West Virginia. Formerly

IGT.

CAT A testing process that the Lottery and the Vendor utilize to ensure that systems are operating as designed before production deployment.

Chains Chains are groups having the same ownership and/or electronic funds transfer (“EFT”) account.

Consumables Play slips, ticket stock, printer paper, printer ribbons, ink supply, toner, and any other operational supplies required by retailers to operate their terminals, and point-of-sale materials. The term “Consumables” does not include scratch tickets.

Contract The written agreement resulting from this RFP, the successful Proposal and subsequent negotiations, which incorporates, among other things, this RFP and the Vendor’s Proposal, and all modifications hereto and thereto, as well as WV forms WV-96 and Affidavit.

Contract Manager The manager of a party is responsible for the Contract on behalf of the respective organization.

Degraded Functionality The operation of the System when (i) any online function required by the Agreement, including but not limited to validation, selling and/or canceling tickets, or producing retailer accounting reports, is not available due to failures other than failures which are determined to be outside the responsibility of the Vendor, (ii) data is not being recorded on two (2) magnetic media within six (6) seconds of ticket issuance on the computer that is acting as the Primary Computer System, (iii) data is not being recorded on the Secondary Computer System, or (iv) data is not being recorded on the Back-up Computer System.

Degraded Performance The operation of the System when draw game tickets are not being produced within the specifications and response times required by the Contract.

Draw-Based Game Draw‑Based Games are traditional lottery games operated through the Lottery’s online gaming system, in which winning outcomes are determined by officially conducted drawings administered according to established Lottery procedures.

Effective Date The date upon which the Contract is signed.

Enhancements Changes to the System requested by the Lottery that the Vendor is not required to provide in its base cost. Changes to the System that are required to comply with Contract specifications are not Enhancements. Note: All ICS modifications and enhancements are included in the Base Cost.

Estimated Quantity The estimated number of pieces of equipment needed at Go-Live on July 1, 2028.

Gaming System, Online Gaming System, Online Lottery Gaming System, System, or Traditional System

The set of software and hardware components required to deploy and operate a particular game or set of games. Such components include, for example, game terminals, communications channels, game host computers, and back-office systems at the Lottery Headquarters Office.

Go-Live Date (Start-Up Date) The designated date is set by the Lottery upon completion of the new System conversion, and the Lottery permits the Vendor to enable live business transactions.

Hash Totals The two primary methods utilized are MD5 and SHA-1, each of which is a mathematical computation of the individual characters within a file, resulting in a string of characters. If two files have the same hash value, their contents are identical. If any bit is changed in one of the files, the hash values will not match.

Changing MAC dates, file names, or file locations will not change the computed hash values.

Hotline Two hotlines are required, one for Retailers and the other for Customer Service. The method utilized by a Vendor to handle incoming telephone calls from Lottery Retailers regarding Retailer Terminal problems, supply ordering, and Lottery Retailer questions.

Intellectual Property Rights Any rights with respect to inventions, discoveries, or improvements, including patents, patent applications and certificates of invention; trade secrets, know-how, or similar rights; the protection of works of authorship or expression, including copyrights and future copyrights; and trademarks, service marks, logos, and trade dress; and similar rights under any laws or international conventions throughout the world, including the right to apply for registrations, certificates, or renewals with respect thereto, and the rights to prosecute, enforce, and obtain damages.

Internal Control System (ICS) The audit system and its associated processes audit the gaming system component to ensure the integrity, security, and accuracy of gaming transactions.

ICS Vendor The 3rd party Vendor selected by the West Virginia Lottery, with whom the bidder is contracted to supply the Lottery's Internal Control System as specified in this RFP.

Lottery The West Virginia Lottery.

Lottery Headquarters The main physical location of the Lottery’s central offices is 900 Pennsylvania Avenue, Charleston, WV 25302.

Lottery Director or Acting Director

The person(s) in charge of running the Lottery and making executive decisions on a day-to-day basis or his designee.

Lottery Retailer, Retailer Legal business authorized by the Lottery to sell and validate lottery tickets at a POS.

Maintenance Cycle Schedule Lottery-approved schedule addressing preventative maintenance for terminals

Management Terminal, Management Workstation

Terminal or personal computer used by the Lottery for inquiry, report preparation, and/or managing game parameters for the Online Gaming System or other Systems.

Material Change Any event that, following Generally Accepted Accounting Principles (GAAP) or International Accounting Standards (IAS), requires a disclosure in the annual report of a publicly traded corporation.

MUSL Multi-State Lottery Association - The association of lotteries based in Des Moines, Iowa, that currently conducts several games, including Powerball®.

NASPL North American Association of State and Provincial Lotteries, www.naspl.org.

Net Sales (Draw Based Sales less voids/cancellations) plus (Scratch-off Sales less returns) less Promos

Online Transaction, System Transaction, Transaction

The activity in the Online Gaming System that creates a record and receipt of a sale, canceled or validated ticket, or other transaction.

A transaction may begin when a Lottery Retailer presses the send key or function on the Retailer Terminal and ends with the printing and dispensing of a Draw-Based Ticket or report. A transaction may also be a result of a player-activated terminal, a kiosk, or a web-located user.

Pack A quantity of Scratch-off Game Tickets that are shrink-wrapped and inventoried to be distributed to Lottery Retailers.

Party, Parties The Lottery and the Vendor or Vendor, each being a Party, jointly referred to as Parties.

Play Slip A pre-printed Retailer Terminal-readable form issued under the authority of the Lottery used for marking a player’s draw game play selections.

Player Hotline The vendor shall provide a toll-free number answered by vendor staff between the hours of 9am and 5pm Eastern Standard time, Monday through Friday. The vendor staff must be knowledgeable of WV Lottery products and have access to assist players with questions related to games and purchases, including cashless transactions.

POS Point of Sale (retail location), often linked to a Lottery Retailer.

http://www.naspl.org/

Point-of-Sale (POS) Materials All physical and digital materials used at retail locations to promote, support, and facilitate Lottery product sales, player engagement, and program participation. POS Materials include, but are not limited to, signage, displays, play slips, brochures, terminal messaging, digital content, and promotional items related to traditional Lottery products, iPlay (iLottery), and PlayOn (loyalty program).

POS Materials are designed to communicate game information, promotions, responsible gaming messaging, and participation instructions, and to integrate with iPlay and PlayOn via mechanisms such as QR codes, barcodes, or other approved technologies that enable player interaction, account access, and reward tracking.

Primary system A computer system located at the Primary Site that can process and record all transactions in real time, as well as all functions related to the Traditional Gaming System. Each data center has two redundant systems, and the one currently operational and processing transactions is referred to as the Primary System.

PDC (Primary Data Center) The data center that shall handle the actual production operations of the System, while the Backup Data Center shall be ready to take over production.

The System comprises four redundant systems: two housed at the Primary Data Center (a fully operational data center) and two at a Lottery-approved Backup Data Center. At any moment in time, one of the four systems is actively processing gaming data and is referred to as the Primary System; the second system at that particular data center is referred to as the Secondary System. All four have mechanisms in place to synchronize all transactions so that the relevant databases are kept up to date and contain the same data.

Promos The value of free or discounted tickets offered to players for promotional purposes. For example, a player could be awarded a free Daily 3 ticket (a value of $1) with the purchase of five Powerball tickets.

Proposal (Bid) Anything that a vendor submits in response to a solicitation that constitutes an offer to the State and includes, but is not limited to, documents submitted in response to a request for proposal.

Proposal Clarification A process used by the Proposal Evaluation Committee to resolve ambiguities and improve the understanding of an individual Vendor’s Proposal. The responses of individual Vendors to Lottery requests for clarification are considered part of the deliberative process of clarifying the offerings in a Proposal.

Retailer Invoice Data File Referring to the weekly data file that contains the previous week’s retailer invoice information. The file includes the retailer number, invoice amount, week ending date, and either “622” for EFT credits or “627” for EFT debits.

Returns Unsold scratch-off tickets may be returned by retailers for credit if they meet the eligibility as set by the the Lottery.

Requests for Credit Claims will be made by the Lottery for the value of draw based tickets that are improperly created due to retailer input errors, incorrect wager details, misprints or non-printed tickets, or other errors.

RFP References this “Request For Proposal” document, including all appendices and subsequent amendments.

Scratch-off ticket A physical product sold by the Lottery, belonging to the scratch-off products. To play, the player must scratch or tear off a covering to reveal ticket symbols and determine whether it is a winning ticket.

Secondary system A second set of computers, located at each data center, records all transactions in real time from the Primary Computer System in the event of a failure of the Primary Computer System. The Secondary system can immediately function as the Primary Computer System with identical performance and capabilities. Note that the PDC and BDC each have two systems, one is primary, the other is secondary, unless the roles are reversed due to a local failure.

SLA Service Level Agreement includes specifications and objectives to achieve the desired level of service.

Software All system software and customized software (which includes the source code and any technical and functional (development) documentation developed by the Vendor for or at the request of the Lottery).

SRS System Requirements Specifications document how certain functions or programs will be designed.

SSAE18 Statement on Standards for Attestation Engagements (SSAE) No.

18, as issued by the American Institute of Certified Public Accountants (AICPA), or its successor standard.

SST Self-service terminals allow players to purchase and validate Lottery games.

Subcontractor Person(s) to whom the Vendor entrusts a portion of the execution of the Contract.

System A collection of hardware, software, facilities, and procedural elements that provides gaming services and produces data related to games played and won. In this RFP, there are numerous references to systems, including those that are subsystems of other referenced systems. The immediate context and adjectives or labels define which systems are being discussed. When used without other qualification, “System” refers to the comprehensive central gaming system as set forth in the objective of this RFP proposed by the Vendor.

Telecommunications Network, Communications Network

The System, including telecommunications lines, switches, routers, and central office equipment, provides the interface and compatibility between Retailer Terminals, communications equipment, and the Primary and Back-up Computer Systems.

Currently, the majority of the circuits utilize satellite communications.

Terminal A machine designated to facilitate Lottery product sales, validations, reports, and scratch-off ticket ordering at a POS.

Test Environment A test environment is an isolated, controlled system setup that mimics production conditions. It includes specific hardware, software, network configurations, and databases. It allows developers and QA teams to safely test cases, validate functionality, and identify bugs without disrupting live systems or risking real user data.

Ticket Tangible or digital evidence issued by the Lottery to provide participation in a lottery game.

Ticket Checker or Self-Check Unit

A player-activated terminal where players can check whether their Draw-based Games or Scratch ticket is a winner. The terminal replies with an appropriate message.

Transaction Log or System Log

The file or data structure that lists all transactions, by a Lottery Retailer, that have occurred during a day (or longer). This includes all Draw-Based Game transactions, selection sets, times, management commands, Scratch Game Ticket validations, pass-through transactions, and related functionality.

Turnkey A Turnkey Solution is a fully integrated, end-to-end lottery system provided by the Vendor. It is responsible for all technology, equipment, operations, and services required to run the Lottery, with all costs included in the base compensation.

Vendor The Vendor with whom the State of West Virginia will execute a Contract pursuant to this RFP, before Contract Award, generally refers to bidders submitting a proposal.

Once the State of West Virginia signs the Contract, the bidder becomes the Vendor.

Voids/Cancellations The invalidating of an eligible draw-based ticket before the applicable drawing occurs.

Voucher Ticket or transaction number on a ticket that will be used for entry to contests conducted over the internet.

SECTION 2: INSTRUCTIONS TO VENDORS SUBMITTING BIDS

Instructions begin on next page.

Revised 10/17/2024 Request for Proposal

INSTRUCTIONS TO VENDORS SUBMITTING BIDS

1. REVIEW DOCUMENTS THOROUGHLY: The attached documents contain a solicitation for bids. Please read these instructions and all documents attached in their entirety.

These instructions provide critical information about requirements that if overlooked could lead to disqualification of a Vendor’s bid. All bids must be submitted in accordance with the provisions contained in these instructions and the Solicitation. Failure to do so may result in disqualification of Vendor’s bid.

2. MANDATORY TERMS: The Solicitation may contain mandatory provisions identified by the use of the words “must,” “will,” and “shall.” Failure to comply with a mandatory term in the Solicitation will result in bid disqualification.

3. PRE-BID MEETING: The item identified below shall apply to this Solicitation.

A pre-bid meeting will not be held prior to bid opening

A MANDATORY PRE-BID meeting will be held at the following place and time:

All Vendors submitting a bid must attend the mandatory pre-bid meeting. Failure to attend the mandatory pre-bid meeting shall result in disqualification of the Vendor’s bid. No one individual is permitted to represent more than one vendor at the pre-bid meeting. Any individual that does attempt to represent two or more vendors will be required to select one vendor to which the individual’s attendance will be attributed. The vendors not selected will be deemed to have not attended the pre-bid meeting unless another individual attended on their behalf.

An attendance sheet provided at the pre-bid meeting shall serve as the official document verifying attendance. Any person attending the pre-bid meeting on behalf of a Vendor must list on the attendance sheet his or her name and the name of the Vendor he or she is representing. It is the Vendor’s responsibility to locate the attendance sheet and provide the required information. Failure to complete the attendance sheet as required may result in disqualification of Vendor’s bid.

Vendors who arrive after the starting time but prior to the end of the pre-bid will be permitted to sign in but are charged with knowing all matters discussed at the pre-bid.

Any discussions or answers to questions at the pre-bid meeting are preliminary in nature and are non-binding. Official and binding answers to questions will be published in a written addendum to the Solicitation prior to bid opening.

4. VENDOR QUESTION DEADLINE: Vendors may submit questions relating to this Solicitation to the Purchasing Division. Questions must be submitted in writing. All questions must be submitted on or before the date listed below and to the address listed below to be considered. A written response will be published in a Solicitation addendum if a response is possible and appropriate. Non-written discussions, conversations, or questions and answers regarding this Solicitation are preliminary in nature and are non-binding.

Submitted emails should have the solicitation number in the subject line. Question

Submission Deadline:

Submit Questions to:

2019 Washington Street, East Charleston, WV 25305 Fax: (304) 558-3970 Email:

5. VERBAL COMMUNICATION: Any verbal communication between the Vendor and any State personnel is not binding, including verbal communication at the mandatory pre-bid conference. Only information issued in writing and added to the Solicitation by an official written addendum by the Purchasing Division is binding.

6. BID SUBMISSION: All bids must be submitted on or before the date and time of the bid opening listed in section 7 below. Vendors can submit bids electronically through wvOASIS, in paper form delivered to the Purchasing Division at the address listed below either in person or by courier, or in facsimile form by faxing to the Purchasing Division at the number listed below. Notwithstanding the foregoing, the Purchasing Division may prohibit the submission of bids electronically through wvOASIS at its sole discretion. Such a prohibition will be contained and communicated in the wvOASIS system resulting in the Vendor’s inability to submit bids through wvOASIS. The Purchasing Division will not accept bids or modification of bids via email.

Bids submitted in paper, facsimile, or via wvOASIS must contain a signature. Failure to submit a bid in any form without a signature will result in rejection of your bid.

A bid submitted in paper or facsimile form should contain the information listed below on the face of the submission envelope or fax cover sheet. Otherwise, the bid may be rejected by the Purchasing Division.

VENDOR NAME:

BUYER:

SOLICITATION NO.:

BID OPENING DATE:

BID OPENING TIME:

FAX NUMBER:

Any bid received by the Purchasing Division staff is considered to be in the possession of the Purchasing Division and will not be returned for any reason.

Bid Delivery Address and Fax Number:

Department of Administration, Purchasing Division 2019 Washington Street East Charleston, WV 25305-0130 Fax: 304-558-3970

For Request for Proposal (“RFP”) Responses Only: Submission of a response to a Request for Proposal is not permitted in wvOASIS. In the event that Vendor is responding to a request for proposal, the Vendor shall submit one original technical and one original cost proposal prior to the bid opening date and time identified in Section 7 below, plus convenience copies of each to the Purchasing Division at the address shown below. Additionally, the Vendor should clearly identify and segregate the cost proposal from the technical proposal in a separately sealed envelope.

7. BID OPENING: Bids submitted in response to this Solicitation will be opened at the location identified below on the date and time listed below. Delivery of a bid after the bid opening date and time will result in bid disqualification. For purposes of this Solicitation, a bid is considered delivered when confirmation of delivery is provided by wvOASIS (in the case of electronic submission) or when the bid is time stamped by the official Purchasing Division time clock (in the case of hand delivery or via delivery by mail).

Bid Opening Date and Time:

Bid Opening Location:

Department of Administration, Purchasing Division 2019 Washington Street East Charleston, WV 25305-0130

8. ADDENDUM ACKNOWLEDGEMENT: Changes or revisions to this Solicitation will be made by an official written addendum issued by the Purchasing Division. Vendor should acknowledge receipt of all addenda issued with this Solicitation by completing an Addendum Acknowledgement Form. Failure to acknowledge addenda may result in bid disqualification.

The addendum acknowledgement should be submitted with the bid to expedite document processing.

9. BID FORMATTING: Vendor should type or electronically enter the information onto its bid to prevent errors in the evaluation. Failure to type or electronically enter the information may result in bid disqualification.

10. ALTERNATE MODEL OR BRAND: Unless the box below is checked, any model, brand, or specification listed in this Solicitation establishes the acceptable level of quality only and is not intended to reflect a preference for, or in any way favor, a particular brand or vendor. Vendors may bid alternates to a listed model or brand provided that the alternate is at least equal to the model or brand and complies with the required specifications. The equality of any alternate being bid shall be determined by the State at its sole discretion. Any Vendor bidding an alternate model or brand shall clearly identify the alternate items in its bid and should include manufacturer’s specifications, industry literature, and/or any other relevant documentation demonstrating the equality of the alternate items. Failure to provide information for alternate items may be grounds for rejection of a Vendor’s bid.

This Solicitation is based upon a standardized commodity established under W. Va. Code § 5A-3-61. Vendors are expected to bid the standardized commodity identified. Failure to bid the standardized commodity will result in your firm’s bid being rejected.

11. COMMUNICATION LIMITATIONS: In accordance with West Virginia Code of State Rules §148-1-6.6.2, communication with the State of West Virginia or any of its employees regarding this Solicitation during the solicitation, bid, evaluation or award periods, except through the Purchasing Division, is strictly prohibited without prior Purchasing Division approval. Purchasing Division approval for such communication is implied for all agency delegated and exempt purchases.

12. REGISTRATION: Prior to Contract award, the apparent successful Vendor must be properly registered with the West Virginia Purchasing Division and must have paid the $125 fee, if applicable.

13. UNIT PRICE: Unit prices shall prevail in cases of a discrepancy in the Vendor’s bid.

14. PREFERENCE: Vendor Preference may be requested in purchases of motor vehicles or construction and maintenance equipment and machinery used in highway and other infrastructure projects. Any request for preference must be submitted in writing with the bid, must specifically identify the preference requested with reference to the applicable subsection of West Virginia Code § 5A-3-37, and must include with the bid any information necessary to evaluate and confirm the applicability of the requested preference. A request form to help facilitate the request can be found at: www.state.wv.us/admin/purchase/vrc/Venpref.pdf.

15A. RECIPROCAL PREFERENCE: The State of West Virginia applies a reciprocal preference to all solicitations for commodities and printing in accordance with W. Va. Code § 5A-3-37(b). In effect, non-resident vendors receiving a preference in their home states, will see that same preference granted to West Virginia resident vendors bidding against them in West Virginia. Any request for reciprocal preference must include with the bid any information necessary to evaluate and confirm the applicability of the preference. A request form to help facilitate the request can be found at:

www.state.wv.us/admin/purchase/vrc/Venpref.pdf.

15. SMALL, WOMEN-OWNED, OR MINORITY-OWNED BUSINESSES:

For any solicitations publicly advertised for bid, in accordance with West Virginia Code §5A- 3-37 and W. Va. CSR § 148-22-9, any non-resident vendor certified as a small, women-owned, or minority-owned business under W. Va. CSR § 148-22-9 shall be provided the same preference made available to any resident vendor. Any non-resident small, women-owned, or minority- owned business must identify itself as such in writing, must submit that writing to the Purchasing Division with its bid, and must be properly certified under W. Va. CSR § 148- 22-9 prior to contract award to receive the preferences made available to resident vendors.

16. WAIVER OF MINOR IRREGULARITIES: The Director reserves the right to waive minor irregularities in bids or specifications in accordance with West Virginia Code of State Rules § 148-1-4.7.

17. ELECTRONIC FILE ACCESS RESTRICTIONS: Vendor must ensure that its submission in wvOASIS can be accessed and viewed by the Purchasing Division staff immediately upon bid opening. The Purchasing Division will consider any file that cannot be immediately accessed and viewed at the time of the bid opening (such as, encrypted files, password protected files, or incompatible files) to be blank or incomplete as context requires and are therefore unacceptable. A vendor will not be permitted to unencrypt files, remove password protections, or resubmit documents after bid opening to make a file viewable if those documents are required with the bid. A Vendor may be required to provide document passwords or remove access restrictions to allow the Purchasing Division to print or electronically save documents provided that those documents are viewable by the Purchasing Division prior to obtaining the password or removing the access restriction.

18. NON-RESPONSIBLE: The Purchasing Division Director reserves the right to reject the bid of any vendor as Non-Responsible in accordance with W. Va. Code of State Rules § 148- 1- 5.3, when the Director determines that the vendor submitting the bid does not have the capability to fully perform or lacks the integrity and reliability to assure good-faith performance.”

19. ACCEPTANCE/REJECTION: The State may accept or reject any bid in whole, or in part in accordance with W. Va. Code of State Rules § 148-1-4.6. and § 148-1-6.3.”

20. WITH THE BID REQUIREMENTS: In instances where these specifications require documentation or other information with the bid, and a vendor fails to provide it with the bid, the Director of the Purchasing Division reserves the right to request those items after bid opening and prior to contract award pursuant to the authority to waive minor irregularities in bids or specifications under W. Va. CSR § 148-1-4.7. This authority does not apply to instances where state law mandates receipt with the bid.

21. EMAIL NOTIFICATION OF AWARD: The Purchasing Division will attempt to provide bidders with e-mail notification of contract award when a solicitation that the bidder participated in has been awarded. For notification purposes, bidders must provide the Purchasing Division with a valid email address in the bid response. Bidders may also monitor wvOASIS or the Purchasing Division’s website to determine when a contract has been awarded.

22. EXCEPTIONS AND CLARIFICATIONS: The Solicitation contains the specifications that shall form the basis of a contractual agreement. Vendor shall clearly mark any exceptions, clarifications, or other proposed modifications in its bid. Exceptions to, clarifications of, or modifications of a requirement or term and condition of the Solicitation may result in bid disqualification.

SECTION 3: GENERAL TERMS AND CONDITIONS

Terms and conditions begin on next page.

Revised 10/17/2024

GENERAL TERMS AND CONDITIONS:

1. CONTRACTUAL AGREEMENT: Issuance of an Award Document signed by the Purchasing Division Director, or his designee, and approved as to form by the Attorney General’s office constitutes acceptance by the State of this Contract made by and between the State of West Virginia and the Vendor. Vendor’s signature on its bid, or on the Contract if the Contract is not the result of a bid solicitation, signifies Vendor’s agreement to be bound by and accept the terms and conditions contained in this Contract.

2. DEFINITIONS: As used in this Solicitation/Contract, the following terms shall have the meanings attributed to them below. Additional definitions may be found in the specifications included with this Solicitation/Contract.

2.1. “Agency” or “Agencies” means the agency, board, commission, or other entity of the State of West Virginia that is identified on the first page of the Solicitation or any other public entity seeking to procure goods or services under this Contract.

2.2. “Bid” or “Proposal” means the vendors submitted response to this solicitation.

2.3. “Contract” means the binding agreement that is entered into between the State and the Vendor to provide the goods or services requested in the Solicitation.

2.4. “Director” means the Director of the West Virginia Department of Administration, Purchasing Division.

2.5. “Purchasing Division” means the West Virginia Department of Administration, Purchasing Division.

2.6. “Award Document” means the document signed by the Agency and the Purchasing Division, and approved as to form by the Attorney General, that identifies the Vendor as the contract holder.

2.7. “Solicitation” means the official notice of an opportunity to supply the State with goods or services that is published by the Purchasing Division.

2.8. “State” means the State of West Virginia and/or any of its agencies, commissions, boards, etc. as context requires.

2.9. “Vendor” or “Vendors” means any entity submitting a bid in response to the Solicitation, the entity that has been selected as the lowest responsible bidder, or the entity that has been awarded the Contract as context requires.

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3. CONTRACT TERM; RENEWAL; EXTENSION: The term of this Contract shall be determined in accordance with the category that has been identified as applicable to this Contract below:

[ ] Term Contract

Initial Contract Term: The Initial Contract Term will be for a period of _____________ _______________________. The Initial Contract Term becomes effective on the effective start date listed on the first page of this Contract, identified as the State of West Virginia contract cover page containing the signatures of the Purchasing Division, Attorney General, and Encumbrance clerk (or another page identified as __________________________________), and the Initial Contract Term ends on the effective end date also shown on the first page of this Contract.

Renewal Term: This Contract may be renewed upon the mutual written consent of the Agency, and the Vendor, with approval of the Purchasing Division and the Attorney General’s office (Attorney General approval is as to form only). Any request for renewal should be delivered to the Agency and then submitted to the Purchasing Division thirty (30) days prior to the expiration date of the initial contract term or appropriate renewal term. A Contract renewal shall be in accordance with the terms and conditions of the original contract. Unless otherwise specified below, renewal of this Contract is limited to ___________________ successive one (1) year periods or multiple renewal periods of less than one year, provided that the multiple renewal periods do not exceed the total number of months available in all renewal years combined. Automatic renewal of this Contract is prohibited. Renewals must be approved by the Vendor, Agency, Purchasing Division and Attorney General’s office (Attorney General approval is as to form only)

[ ] Alternate Renewal Term – This contract may be renewed for __________________ successive __________ year periods or shorter periods provided that they do not exceed the total number of months contained in all available renewals. Automatic renewal of this Contract is prohibited. Renewals must be approved by the Vendor, Agency, Purchasing Division and Attorney General’s office (Attorney General approval is as to form only)

Delivery Order Limitations: In the event that this contract permits delivery orders, a delivery order may only be issued during the time this Contract is in effect. Any delivery order issued within one year of the expiration of this Contract shall be effective for one year from the date the delivery order is issued. No delivery order may be extended beyond one year after this Contract has expired.

[ ] Fixed Period Contract: This Contract becomes effective upon Vendor’s receipt of the notice to proceed and must be completed within days.

[ ] Fixed Period Contract with Renewals: This Contract becomes effective upon Vendor’s receipt of the notice to proceed and part of the Contract more fully described in the attached specifications must be completed within _________________ days. Upon completion of the work covered by the preceding sentence, the vendor agrees that:

[ ] the contract will continue for _________________ years;

[ ] the contract may be renewed for __________________ successive __________ year periods or shorter periods provided that they do not exceed the total number of months contained in all available renewals. Automatic renewal of this Contract is prohibited.

Renewals must be approved by the Vendor, Agency, Purchasing Division and Attorney General’s Office (Attorney General approval is as to form only).

[ ] One-Time Purchase: The term of this Contract shall run from the issuance of the Award Document until all of the goods contracted for have been delivered, but in no event will this Contract extend for more than one fiscal year.

[ ] Construction/Project Oversight: This Contract becomes effective on the effective start date listed on the first page of this Contract, identified as the State of West Virginia contract cover page containing the signatures of the Purchasing Division, Attorney General, and Encumbrance clerk (or another page identified as __________________________________), and continues until the project for which the vendor is providing oversight is complete.

[ ] Other: Contract Term specified in ________________________

4. AUTHORITY TO PROCEED: Vendor is authorized to begin performance of this contract on the date of encumbrance listed on the front page of the Award Document unless either the box for “Fixed Period Contract” or “Fixed Period Contract with Renewals” has been checked in Section 3 above. If either “Fixed Period Contract” or “Fixed Period Contract with Renewals” has been checked, Vendor must not begin work until it receives a separate notice to proceed from the State. The notice to proceed will then be incorporated into the Contract via change order to memorialize the official date that work commenced.

5. QUANTITIES: The quantities required under this Contract shall be determined in accordance with the category that has been identified as applicable to this Contract below.

[ ] Open End Contract: Quantities listed in this Solicitation/Award Document are approximations only, based on estimates supplied by the Agency. It is understood and agreed that the Contract shall cover the quantities actually ordered for delivery during the term of the Contract, whether more or less than the quantities shown.

[ ] Service: The scope of the service to be provided will be more clearly defined in the specifications included herewith.

[ ] Combined Service and Goods: The scope of the service and deliverable goods to be provided will be more clearly defined in the specifications included herewith.

[ ] One-Time Purchase: This Contract is for the purchase of a set quantity of goods that are identified in the specifications included herewith. Once those items have been delivered, no additional goods may be procured under this Contract without an appropriate change order approved by the Vendor, Agency, Purchasing Division, and Attorney General’s office.

[ ] Construction: This Contract is for construction activity more fully defined in the specifications.

6. EMERGENCY PURCHASES: The Purchasing Division Director may authorize the Agency to purchase goods or services in the open market that Vendor would otherwise provide under this Contract if those goods or services are for immediate or expedited delivery in an emergency.

Emergencies shall include, but are not limited to, delays in transportation or an unanticipated increase in the volume of work. An emergency purchase in the open market, approved by the Purchasing Division Director, shall not constitute of breach of this Contract and shall not entitle the Vendor to any form of compensation or damages. This provision does not excuse the State from fulfilling its obligations under a One-Time Purchase contract.

7. REQUIRED DOCUMENTS: All of the items checked in this section must be provided to the Purchasing Division by the Vendor as specified:

[ ] LICENSE(S) / CERTIFICATIONS / PERMITS: In addition to anything required under the Section of the General Terms and Conditions entitled Licensing, the apparent successful Vendor shall furnish proof of the following licenses, certifications, and/or permits upon request and in a form acceptable to the State. The request may be prior to or after contract award at the State’s sole discretion.

The apparent successful Vendor shall also furnish proof of any additional licenses or certifications contained in the specifications regardless of whether or not that requirement is listed above.

8. INSURANCE: The apparent successful Vendor shall furnish proof of the insurance identified by a checkmark below prior to Contract award. The insurance coverages identified below must be maintained throughout the life of this contract. Thirty (30) days prior to the expiration of the insurance policies, Vendor shall provide the Agency with proof that the insurance mandated herein has been continued. Vendor must also provide Agency with immediate notice of any changes in its insurance policies, including but not limited to, policy cancelation, policy reduction, or change in insurers. The apparent successful Vendor shall also furnish proof of any additional insurance requirements contained in the specifications prior to Contract award regardless of whether that insurance requirement is listed in this section.

Vendor must maintain:

[ ] Commercial General Liability Insurance in at least an amount of: ____________ per occurrence.

[ ] Automobile Liability Insurance in at least an amount of: _________________per occurrence.

[ ] Professional/Malpractice/Errors and Omission Insurance in at least an amount of:

__________________per occurrence. Notwithstanding the forgoing, Vendor’s are not required to list the State as an additional insured for this type of policy.

[ ] Commercial Crime and Third Party Fidelity Insurance in an amount of: ________________ per occurrence.

[ ] Cyber Liability Insurance in an amount of: ___________________________ per occurrence.

[ ] Builders Risk Insurance in an amount equal to 100% of the amount of the Contract.

[ ] Pollution Insurance in an amount of: _________________ per occurrence.

[ ] Aircraft Liability in an amount of: _________________ per occurrence.

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9. WORKERS’ COMPENSATION INSURANCE: Vendor shall comply with laws relating to workers compensation, shall maintain workers’ compensation insurance when required, and shall furnish proof of workers’ compensation insurance upon request.

10. VENUE: All legal actions for damages brought by Vendor against the State shall be brought in the West Virginia Claims Commission. Other causes of action must be brought in the West Virginia court authorized by statute to exercise jurisdiction over it.

11. LIQUIDATED DAMAGES: This clause shall in no way be considered exclusive and shall not limit the State or Agency’s right to pursue any other available remedy. Vendor shall pay liquidated damages in the amount specified below or as described in the specifications:

[ ] ___________________________ for ___________________________________.

[ ] Liquidated Damages Contained in the Specifications.

[ ] Liquidated Damages Are Not Included in this Contract.

12. ACCEPTANCE: Vendor’s signature on its bid, or on the certification and signature page, constitutes an offer to the State that cannot be unilaterally withdrawn, signifies that the product or service proposed by vendor meets the mandatory requirements contained in the Solicitation for that product or service, unless otherwise indicated, and signifies acceptance of the terms and conditions contained in the Solicitation unless otherwise indicated.

13. PRICING: The pricing set forth herein is firm for the life of the Contract,…