Office of Procurement and Contracts 900 SW Jackson St., Room 451 South Topeka, KS 66612

Phone: 785-296-2376 Fax: 785-296-7240 www.admin.ks.gov/offices/procurement-and-contracts

Adam Proffitt, Secretary

Laura Kelly, Governor

Amendment Request for Proposal

Questions and Answers

Date: March 12, 2026

Amendment Number: Three (3)

Event Number: EVT0010692

Closing Date: April 8, 2026

Procurement Officer: Nicki Mears Telephone: 785-296-6924 E-Mail Address: nicole.mears@ks.gov

Agency: Kansas Lottery

Item: Instant Lottery Tickets

Conditions: 1) Answers to submitted questions follow on page two (2) of this document.

A signed copy of this Addendum must be submitted with your bid. If your bid response has been returned, submit this Addendum by the closing date indicated above.

I (We) have read and understand this addendum and agree it is a part of my (our) bid response.

NAME OF COMPANY OR FIRM:

SIGNED BY:

TITLE: DATE:

It shall be the vendor's responsibility to monitor this website on a regular basis for any changes/addenda.

http://admin.ks.gov/offices/procurement-contract mailto:nicole.mears@ks.gov http://admin.ks.gov/offices/procurement-contract

Event ID: EVT0010692

EVT0010692 – Amendment Three (3)

Instant Lottery Tickets

QUESTIONS

Number

Page

RFP Section

Question

Answer

1. In the RFP process, it is common for bidders to have more than one opportunity to ask questions. Given that bidders may have follow-up questions based on the initial answers provided by the Lottery, will the Lottery please consider providing a second opportunity for questions to be submitted?

All official clarification questions regarding the specifications were due by close of business day on February 27, 2026.

Any questions pertaining to the event’s specifications/cost sheet that are proposed after this timeframe will not be considered an official State response to include within your submissions.

2. The closing date is March 25, 2026. To give vendors time to provide the most complete response possible, will the Lottery please consider extending the proposal deadline by two calendar weeks, to April 8, 2026?

If DofA allows it, we would like to approve this extension.

3. 10-

Bidding Instructions

Would the Lottery please confirm that this section is for information purposes and requires no response from the bidder (when bidding on either Program A or B)?

No response is needed; these are only instructions for bidding.

4. 13 1.17 In this section, the Lottery indicates that trade secrets or proprietary information should be submitted separately from the main proposal. For ease of readability for the Evaluation Committee, will the Lottery accept a Technical Proposal that includes any trade secret/confidential content within the document, provided that (i) each occurrence is clearly bracketed with “START OF / END OF CONFIDENTIAL, PROPRIETARY AND TRADE SECRET

INFORMATION,” and (ii) each page containing such information is clearly labeled “Proprietary”? If requested by the Lottery, the bidder will also submit a separate redacted “Public Copy” that removes only the specifically marked confidential portions, allowing evaluators to review one complete, uninterrupted version while still providing the Lottery with a clean copy suitable for public disclosure needs.

This will be acceptable.

5. 14 2.1 This section states that the max email file size is 20MB. If our response exceeds the email file size limit, can we send our response via multiple emails with the files labeled accordingly (example: Technical X of Y, Proprietary X of Y, etc.)?

Several emails can be submitted but must be labeled accordingly:

EVT0010692-Company Name- Technical Proposal - 1 of 2 (2 of 2) EVT0010692-Company Name-Cost Proposal – 1 of 2 (2 of 2) EVT0010692-Company Name- Proprietary - 1 of 2 (2 of2)

6. 14-

2.1-2.2 Will the Lottery please clarify whether the bidder (when bidding on either Program A or B) must provide responses to these sections?

Bidders must respond to Requirement

2.3 Transmittal Letter and Requirement

2.4 Bidder Information on page 15.

7. 15 2.4 This requirement states “financial statement may be required.” Appendix A requires a copy of the vendor’s latest financial statement. Will the Lottery please confirm that the latest financial statement will fulfil

2.4. Bidder Information, (f)?

Yes.

8. 16 2.10 Will the Lottery please confirm that the requirement to identify the proposed equipment by manufacturer and model number, including descriptive literature, applies only to equipment delivered directly to the Lottery, and not to vendor-owned or third party equipment used in production?

Unless stated in the specifications, this provision will not apply to this

RFP.

9. 17-

Terms & Conditions

Will the Lottery please confirm that Terms and Conditions requires no response from the bidder (when bidding on either Program A or B)?

No response is required.

10. 25 4.1-4.3 Will the Lottery please clarify whether the bidder (when bidding on either Program A or B) must provide responses to these sections?

No response is required.

11. 27-

4.11 Will the Lottery please clarify whether the bidder must

provide responses to each subsection of this section?

A bidder may agree to or acknowledge this Requirement in its entirety, however certain subsections (including but not necessarily limited to 16 and 19) may require additional response or incorporation in a bid response.

12. 38 4.13 This section states, “Storage and rotation of ticket stock to address potential disaster recovery issues.”

Will the Lottery please provide further details about what this refers to?

4.13.16.g contemplates that a Vendor will describe a disaster recovery plan. If storage and rotation of ticket stock is not a part of the plan, Vendor must describe a suitable alternative or demonstrate sufficient printing capacity/redundancy to reprint or replace tickets in the event of a disaster or other business interruption.

13. 40 4.14 This section requests a list of all ticket security breaches which have occurred in state lotteries where the vendor provides lottery tickets. Would the Lottery please state a specific period of time for which it wants this information?

The Lottery will accept responses including the last 3 calendar years.

14. 40 4.15 Will the Lottery please consider reducing the number of consecutively numbered tickets from 5,000 to 1,000, or accepting 1,000 consecutively number tickets from five different games (for a total of 5,000 tickets)? All sample requests such as this one are gathered from our sample library. Over the course of time, however, numerous requests invariably result in breaks in the consecutive book numbers of specific games.

The number of consecutively numbered tickets may be reduced from 5,000 to five games of 1,000 consecutively numbered tickets each (for a total of 5,000 tickets).

15. 31 &

4.11.19 & 4.16

4.11.19 states, “Each potential vendor should state in its proposal whether it desires to enter into an agreement with the Lottery to produce and deliver game tickets and related products under a multiple contract situation where the contracts are written to mirror one another in all material respects.” 4.16, states, “Vendors shall indicate whether or not they would be interested in providing services and products under a contract identical in all material respects with a contract awarded to another vendor.”

Will the Lottery please clarify the meaning of “in all material respects”? Does it mean that the contract wording would be the same across all successful vendors? Does it mean that the contract pricing would be the same across all successful vendors?

Requirement 4.11.19 is intended to allow the Lottery to offer a unified contract to any Vendor meeting its qualifications.

Requirement 4.16 is intended to allow the Lottery to offer a contract to an otherwise unsuccessful Bidder.

16. 30, 36 &

4.11.17, 4.14 In 4.11.17 Liquidated Damages and 14. Additional

Specifications, the Lottery is requesting that vendors meet a 34 calendar day timeline; however, in 4.14., the Lottery is requesting a proposed schedule from design to delivery in working days.

Given the disparity between “calendar days” and

“working days,” will the Lottery accept a calendar day schedule in 4.14.? From our perspective, this approach will allow for a more direct correlation between these two sections of the RFP.

A schedule using calendar days is acceptable.

17. 47- 52 &

Cost Sheet At the bottom of each page, part A states, “A. Ticket pricing for other than the above sizes is to be based on their area in square inches relative to the base price of a 4.0” x 2.5” (8.0 square inches) ticket area times a multiplier of _____ percent.” Will the Lottery please clarify they mean a “4.0 x 2.0 (8.0 square inches) ticket area”?

Please use the new sizing of 4.0” x

2.5” (10.0 square inches) as the base ticket size for pricing.

18. 48 &

Cost Sheet Will the Lottery please provide stock specifications for the VIRGIN NON-FOIL STOCK and PAPER TICKETS tables, including caliper, and confirm whether either stock must be recycled and/or include a post-consumer waste (PCW) component?

10pt C1S card stock. The Lottery does not have a post-consumer waste requirement.

19. 51 Cost Sheet At the bottom of the page part A states, “A. Ticket pricing for other than the above sizes is to be based on their area in square inches relative to the base price of a 4.0” x 10.0” (4.0 square inches) ticket area times a multiplier of _____ percent.” Will the Lottery please clarify they mean a “4.0” x 10.0” (40 square inches) ticket area”?

Yes, 40 square inches.

20. 49, 51-

Cost Sheet For the BREAK-OPEN TICKETS, FOLDABLE TICKETS, DOUBLE-SIDED TICKETS, and the MARKER-TYPE STOCK pricing matrices, will the Lottery please confirm whether the base price is expected to include all required features/options (i.e.

laminated tickets, scoring / folding, play area on the back of ticket, translucent ink, etc.) necessary to produce each ticket type as specified?

Yes, please list pricing that include all features/options that would be required to produce the base product of each ticket type specified.

21. 56 Cost Sheet Will the Lottery please clarify whether the e-Instants percentage-of-sales cost should be calculated based on total gross sales (i.e., full ticket sales revenue) or on Gross Gaming Revenue (GGR), defined as total sales minus prizes paid?

The Lottery prefers GGR for comparison.

22. 41 4.18 Program B

Would the Lottery please confirm how many eInstant games you anticipate launching annually?

Additionally, how often do you anticipate launching new games (e.g. bi-weekly, monthly)

The Kansas Lottery will launch between 24 –30 Einstant games per year.

23. 41 4.18 Program B

Can the Lottery confirm if it is able to participate in multi‑state shared‑pool progressive eInstant games?

Yes

24. 41 4.18 Program B

Can the Lottery please confirm what game standards there are on price points such as the price point range that is acceptable? For example, is the Lottery permitted to offer eInstant price points below $1?

All games are required to have a minimum purchase price of $1.00

25. 41 4.18 Program B

Would the Lottery please confirm what the game standards are for play-styles including what is accepted and what is not permitted? For example, can the Lottery offer cascade‑style games within the eInstant portfolio?

The Lottery does not allow eInstant games to have casino theme or dress, including but not limited to slot-style “reel” cascades. Additional specifications will be provided to the successful Vendor(s)

26. 41 4.18 Program B

Would the Lottery please confirm what the game standards are for payout?

For example, what is the minimum and maximum

RTP?

Current RTP ranges between 88 and 91%.

27. 27 4.11 The RFP states "The Lottery also wishes to have multiple contractors under contract ready to immediately produce eInstant lottery tickets, following necessary security checks and system integration" and the period of contract is July 1, 2026, through June 30, 2031. Will the Lottery provide the Lottery and/or Contractors anticipated timing for "System Integration" following the RFP award, contract and security checks?

The Lottery is unable to predict a timeframe for system integration.

28. 56 Cost Sheet Program B

"For Program B, the eInstant Ticket Price says, “cost as a percentage of sales”. Would the Lottery please confirm this is cost as a percentage of gross sales?"

The Lottery prefers GGR for comparison.

29. Will the Lottery please share the number of instant ticket games from 2024 and 2025 that were produced on Foil substrate?

30 tickets over the time frame of 2024 and 2025 – avg. 15/year

30. Will the Lottery please share copies of current instant ticket pricing from all current vendors?

Previous contractor information, length of service, and rates can be seen on the eSupplier portal.

Homepage Contract 42017, 42015, and 52793.

31. 11 1.9 Given that the proposal is being submitted electronically, would an electronic signature be acceptable to the Lottery?

Electronic Signatures are accepted https://supplier.sok.ks.gov/psc/sokfsprdsup/SUPPLIER/ERP/c/NUI_FRAMEWORK.PT_LANDINGPAGE.GBL?&

32. 13 1.17 Would the Lottery please clarify whether each instance of proprietary information must be submitted as a separate document as part of the electronic submission? We want to ensure full compliance with the requirements; however, if every occurrence needs to be separated individually, there may be multiple instances within each section, which could result in a significant number of separate documents.

You may submit your proprietary information in a separate document.

Please labeled accordingly:

EVT0010692-Company Name- Technical Proposal EVT0010692-Company Name-Cost Proposal EVT0010692-Company Name- Proprietary Technical Proposal EVT0010692-Company Name- Proprietary Cost Proposal

33. 41 &

4.18 Would the Lottery please consider renumbering

Section 4.18 Additional Kansas Lottery Requirements as Section 4.19?

So noted in this amendment.

34. 31 &

4.11.19 & 4.13.24

The RFP states, “Each vendor(s) shall quote a price to develop validation and auto cash algorithms compatible with the Lottery’s system and shall print a test game utilizing game data, game/pack number, validation numbers and bar codes.”

The RFP states, “The contractor(s) shall provide a test game and a re-order test game.”

Question: Will the Lottery please clarify if the test game described in 4.11.19 (p.31) is in addition to, or part of, the test games specified in 4.13.24 (p.39)?

The test game described in 4.11.19 (p.

31) may be part of the test games specified in 4.13.24 (p. 39)

35. Cost Sheet The RFP states on each of the cost sheets for Item A, “Ticket pricing for other than the above sizes is to be based on their area in square inches relative to the base price of a 4.0” x 2.5” (8.0 square inches) ticket area times a multiplier of _____ percent.”

And The RFP states on each of the cost sheets for Item A, “Ticket pricing for other than the above sizes is to be based on their area in square inches relative to the base price of a 4.0” x 10.0” (4.0 square inches) ticket area times a multiplier of _____ percent.”

Question: The ticket sizes shown in Item A conflict with square inches indicated in the parenthetical description. For instance, a 4.0” x 2.5” ticket is a 10 square inch product instead 8 square inches as shown, and a 4.0” x 10.0” ticket is a 40 square inch product instead of 4 square inches as shown. Will the Lottery please supply corrected cost sheets, or alternatively, allow bidders to correct cost sheet discrepancies in Item A?

Please use the new sizing of 4.0” x 2.5” (10.0 square inches) as the base ticket size for pricing.

36. 46 &

4.18.14-

4.18.19 & 4.14

Will the Lottery please clarify which of these requirements (Items 4.18.14 through 4.18.19) vendors need to answer only upon award and which requirements vendors need to answer and submit with their proposal responses? Similarly, can the Lottery please provide the same information for Section 4.14 Additional Kansas Lottery Requirements for the last seven unnumbered requirements?

4.14 (un-numbered) states “upon award.” The succeeding paragraphs refer to the same.

4.18.14 (renumbered 4.19.14) states

“upon award.” The succeeding paragraphs refer to the same.

37. 25 4.1 Will the Lottery please provide further detail about how it anticipates allocating work among multiple awarded vendors (e.g., rotational basis, by game type, by price point, or discretionary per game)?

The Lottery allocates work based upon game type and is discretionary per game, for both Program A & B.

38. 21 3.36 Will the Lottery please provide estimated annual ticket volumes by size and type for Program A and projected annual sales or launch volumes for Program B for planning purposes?

Instant scratch games will launch on average 43 games per year and eInstant Program B The Kansas Lottery will launch between 24 –35 eInstant games per year

39. 37 4.13.16.b Will the Lottery please clarify if the $50,000 annual Market Research Fund is required per awarded vendor, and how expenditures will be approved and administered?

Yes – fund is required per vendor Expenditures will be mutually approved by both vendor and Kansas Lottery.

40. 38 4.13.16.d Will the Lottery please clarify if the Travel Fund requirement is applied per vendor contract, and if unused funds roll forward for the entire contract term?

Yes – the Travel fund will be per vendor contract and unused funds will roll forward for the entirety of the contract.

41. 43 4.18.4 The RFP states, the “Vendor must support omni-channel games including the award of free play.”

Question: Will the Lottery please clarify if omni-channel support requires integration with the Lottery’s loyalty platform?

Yes – omni-channel games must integrate with the Lottery’s player loyalty platform.

42. 45 4.18.10 Will the Lottery please clarify if this requirement applies solely to eInstant-related inquiries, and is English-only support acceptable?

The Lottery does not currently intend to require customer service separate from that provided by its PLP/iLottery provider, but as that contract ends in October 2026 the Lottery intends to keep this requirement in this Event so that it may require Vendors to integrate customer service with the Lottery's PLP/iLottery customer service or to stand up its own customer service, if required.

If the Lottery requires fulfillment of this Requirement, it intends for English-only support to meet this Requirement.

43. 29 4.11.13 Will the Lottery please confirm if the $250,000 performance bond requirement applies to Program A (Scratch and Pull Tab Lottery Tickets) or to Program B (eInstant Lottery Tickets), or both Program A and Program?

Both programs A & B.

44. 29 4.11.14 Will the Lottery please confirm whether the $3,000,000 DDD bond requirement applies to Program A (Scratch and Pull Tab Lottery Tickets) or to Program B (eInstant Lottery Tickets), or both Program A and Program?

Requirement 4.11.14 applies to both

Program A and Program B. The

Lottery is amending this

Requirement to $5,000,000.

45. 32-

4.12-4.16 Please confirm that Sections 4.12 through 4.16 apply solely to Program A (Scratch and Pull Tab Lottery Tickets) submissions and are not required to be addressed in Program B (eInstant) submissions. If Sections 4.12 through 4.16 are confirmed to apply only to Program A submissions, should Program B proposals omit those sections entirely, or include them in sequence and designate them as “Not Applicable”?

A Bidder responding only to Program B may omit responses to Requirements 4.12 through 4.16.

Any other deviation should be explicitly noted.

46. 29-

4.11.15 Will the Lottery please clarify whether the Errors

and Omissions insurance requirements in Section

4.11.15 applies to Program A (Scratch and Pull Tab Lottery Tickets) or to Program B (eInstant Lottery Tickets), or both Program A and Program?

Yes – Program A & B.

47. 42-

4.18.4 The RFP states in the Omni-Channel section

“Coupons for Instants.”

And The RFP states, the “Vendor shall have the ability to offer second chance opportunities, including automatic entry into drawings to win prizes, with regular play.”

And The RFP states, “Filter Selections shall be made available based upon specifications including, but not limited to: Favorite, New, Progressive, Hot, Multi-Ticket, and Single Ticket.”

Question: Will the Lottery please clarify what needs to be provided from the RGS vendor to fulfill these requirements? Is a vendor expected to integrated into the existing solution or is each RGS vendor expected to stand up separate systems to support the requirements?

The vendor can offer best practice options for integrating second chance opportunities but must have the ability to do second-chance integration.

Filter and Sort shall be features of the system of record, and Vendor will be required to integrate with that solution provider.

48. 45 4.18.10 Will the Lottery please clarify if this is an integration into an existing CRM and call center or does this need to be a separate CRM and call center?

Integration into the existing CRM and call center.

49. 40-

4.15 Will the Lottery please clarify if the sample request

is for either foil or card stock, or foil and card stock?

Preferably a combination of foil and card stock.

50. 40-

4.15 If foil and card stock, is it for 5,000 consecutive of

each?

Can be 5 games of 1,000 each.

Games may be a combination of foil and card stock.

51. 40-

4.15 Will the Lottery please confirm if the official vendor

samples must be printed on actual aluminum foil stock?

Preferably a combination of foil and card stock.

52. 40-

4.15 Regarding the samples ensuring “compliance with

the Lottery’s security requirements” will the Lottery please provide additional information on those security requirements, including a list of tests required?

Vendors shall provide an overall security plan by which they intend to produce the recommended Instant game tickets, including plant security, game ticket construction security, anti-counterfeiting and validation security, redemption security, game design security, and the like.

Vendors must fully describe methods to be employed in the construction of tickets to avoid security problems. These methods include protective measures against unauthorized invasion utilizing all types of known techniques. Also to be included is a description of measures that have been taken to minimize and detect ticket alteration and counterfeiting attempts.

Vendors should discuss applicable laboratory test reports and other certifications assuring the security of said Instant lottery tickets against practical compromise by reasonably comprehensive technical effort. All laboratories supplying any test report must be certified independent laboratories.

53. 55 Additional Pricing

Will the Lottery please provide its precise definition of colored foil?

Colored foil on lottery tickets is a, security and aesthetic feature, often utilizing metalize holographic materials (reds, blues, golds) that break into fragments when scratched, preventing tampering.

These foils are applied via high-speed lamination or heat-transfer, adding durability, security, and eye-catching visual effects, often over a protective security coating

54. 37 &

4.13.16.a & 4.18.5

The requirements in these two sections state that the Lottery shall have rights to use all licensed properties at no cost or minimal cost to Lottery;

and if a cost is charged, it will be factored into the total cost of ticket production. Will the Lottery please elaborate on how that cost would be incorporated? Is the intent that the potential fee would be added to the cost of all tickets in the pricing evaluation? Will the Lottery also be factoring in the quality of the licensed properties available as part of the evaluation?

This response is for both Program A

& B. Vendors are allowed to be competitive with regards to licensed property pricing. Licensed fees included within the contract or a percentage of sales. Yes, the quality of licensed properties will be taken into consideration.

55. 32 &

4.13.3 & 4.13.8

Will the Lottery please provide a precise description of what it means by changing color during production?

The lottery’s discretion would be pre-planned and within the Executed papers (i.e. a scene or pulse), although the Lottery reserves the right to issue post-executed changes. The Lottery does not intend this paragraph to mean it could request a color change mid-printing.

56. 37 &

4.13.18 & 4.18.5

The Lottery requires a customer service artist in both Program A (Instant and Pull Tab) and Program B (eInstant), which given the nature of the RFPs would be two different positions. Will the Lottery please clarify what is the intended role for this person?

For both Program A and B the Lottery would expect to have a dedicated customer service artist for each of the programs.

57. 52 Cost Sheet Double-Sided Tickets

Given that there is only one significant vendor, and limited similar specialty vendors, of pull tab lottery tickets, will the Lottery please consider making pricing of pull tab tickets an Option? Further, will the Lottery please confirm that vendors who do not provide pricing, or provide “to be determined” pricing, for pull tab tickets will not be deemed non-compliant?

Vendors that do not have the ability or capacity to produce pull tabs will not be deemed non-compliant.

58. 31 4.11.19 Will the Lottery please elaborate on how it will achieve mirrored multiple contracts? Further, if vendors respond in the affirmative to this requirement, will that supersede any pricing given in the rest of a vendor’s bid?

Please see response to Question 15.

59. In light of the historic, severe weather event currently affecting much of the East Coast, would the Lottery please consider extending the RFP’s closing date from March 25, 2026, by another two weeks, to April 8, 2026?

If Department of Administration allows, I would like to approve.

60. 10 Section 1 Will the Lottery please confirm that Section 1, Bidding Instructions (including all subsections) is for informational purposes and does not require a response from the bidder?

No response is needed, these are only instructions for bidding.

61. 13 1.17 Will the Lottery confirm that the technical proposal should be a redacted submission, to respectively show where proprietary content is located within the main response? The proprietary content will only contain those pages that contain proprietary information.

You may submit your proprietary information in a separate document.

Please labeled accordingly:

EVT0010692-Company Name- Technical Proposal EVT0010692-Company Name-Cost Proposal EVT0010692-Company Name- Proprietary Technical Proposal EVT0010692-Company Name- Proprietary Cost Proposal

62. 16 2.8 Would the Lottery please confirm our understanding that bidders may include desired terms and conditions, including applicable license and intellectual property terms and conditions that the bidder would propose to incorporate into the contract generated from this Bid Event, pursuant to this provision?

In addition, would the Lottery consider accepting the terms and conditions (except pricing) in an offeror’s existing contract for physical instant tickets supply with the state to continue with the pricing established pursuant to this RFP?

Yes, a Bidder may highlight terms and conditions in their existing contracts they wish the State of Kansas to consider in issuing a contract in this Event. However, as this is a multi-award contract, all signed contracts will be as uniform as possible and may only be accepted as offered.

63. 17 Section 3 Would the Lottery please confirm that Section 3, Terms and Conditions (including all subsections), require no response from the bidder, unless exceptions are documented?

No response is need from the vendor on this section.

64. 18 3.10 Would the Lottery please confirm our understanding that the Director of Purchases shall provide the Contractor with written notice of any of the circumstances listed in subsection 3.10, giving rise to the right to termination for cause as set forth in this section?

Would the Lottery consider adding a materiality threshold to the right to terminate the contract for cause to clarify that an immaterial failure to comply does not result in a termination for cause?

The director of purchases will provide the contractor written notice.

The contractor will have ten (10) days to remedy the conditions in the notice.

The State of Kansas will not be accepting any changes or modifications to the contract. As this is a multi-award contract, all signed contracts are to be as uniform as possible and accepted as written.

65. 18 3.12 Will the Lottery clarify our understanding that upon termination for convenience, in addition to the payment set forth in this section, the state will also reimburse the Contractor for any verified committed expenses that are not otherwise recoverable by the Contractor?

The State will only pay for the work that was actually done and accepted before the agreement ended. If the contractor only performed part of the job, they will only get paid for that part.

If a contractor’s actions (or failure to act) cause the State to lose money

— for example, if the State loses expected federal funding because the contractor did not meet requirements — the State can typically offset or deduct those losses from payments owed to the contractor.

66. 19 3.16 Would the State please confirm our understanding that the Contractor will not be required to indemnify the state against any loss or damage to the extent to which such loss or damage arises out of the state’s own negligence, or the negligence of the state’s own employees, agents, or representatives?

Would the State be willing to negotiate indemnification and hold harmless provisions consistent with standard industry practice?

The indemnification provision applies as written. The Contractor’s obligation to indemnify the State is limited to loss or damage “to the extent arising out of the Contractor’s negligence” in the performance of services under the contract, as well as for copyright or patent infringement occurring in connection with contract performance.

The State will not revise or negotiate the indemnification and hold harmless provisions. The terms and conditions are established by the State and are not subject to modification.

67. 19 3.17 Would the Lottery please add “terrorism” to the list of Force Majeure events?

The State of Kansas will not be accepting any changes or modifications to the contract.

68. 20 3.27 Section 3.27 states that the Contractor shall present an “affidavit of Workers’ Compensation, Public Liability, and Property Damage Insurance”.

Would the Lottery please confirm that a Certificate of Insurance will be accepted as an affidavit?

Yes.

69. 22 3.37 Would the State be willing to negotiate prices for the term of any extension of the contract, to be applicable following the expiration of the initial term of the contract?

This will go back out for rebid after the five (5) year contract term. There is no option to renew or extend.

70. 23 3.48 Would the Lottery be willing to negotiate the extent of the parties’ respective ownership of the data, forms, procedures, software, manuals system descriptions, and workflows developed or accumulated by the Contractor under this contract?

Would the Lottery be willing to negotiate commercially reasonable terms regarding the ownership, license and use of intellectual property used in the performance of the contract?

The State of Kansas will not be accepting any changes or modifications to the contract. As this is a multi-award contract, all signed contracts are to be as uniform as possible and accepted as written.

71. 26 4.6 Would the Lottery please confirm our understanding– or specify otherwise – that all information in requirement 4.6 is required only upon award and from the successful vendor?

Correct.

72. 28 4.11.10 Would the Lottery be willing to consider a reasonable carve out from the warranty for errors caused by the faults or negligence of third parties not under the control or responsibility of the Contractor?

“Errors and Defects” implies fault within the control of the Vendor. This provision will not be amended.

73. 29 4.11.13 Will the Lottery accept an Industry Standard Performance Bond Form, rather than the one included in the RFP?

The bond provided in the RFP is an example only.

74. 29 4.11.13 After the initial term, can the bond be renewed annually by a Continuation Certificate for the remainder of the term of the Contract?

The Lottery will recognize a certificate of continuation

75. 29 4.11.14 A crime policy or fidelity bond is designed to protect the insured from losses from their employees; it is not designed to cover the employees of others (i.e., subcontractors or assignees). Will the Lottery delete the words “agent or subcontractor of the contractor” from Section 4.11.14? Alternatively, would the Lottery require the subcontractors or assignees to provide evidence of their own coverage?

The Lottery will not amend this provision.

76. 29 4.11.15 In the first paragraph of Section 4.11.15 the third sentence states that the insurance shall be payable to the Lottery and to the Contractor as “co-insured….” Will the Lottery amend subsection

4.11.15 to read as follows, to include the industry standard term “Additional Insured”?

“The insurance shall be payable to the Lottery as an Additional Insured, or loss payees as their respective interests may appear.”

Yes, Amend.

77. 29 4.11.15 It is commonly found that liability policies are written as a Commercial General Liability policy, and that limits are written on a Combined Single Limit basis for Bodily Injury and Property Damage.

Will the Lottery accept evidence of a Commercial General Liability policy with limits of $2,000,000 Combined Single Limit for Bodily Injury and Property Damage per occurrence and aggregate to satisfy the requirement for subsection 4.11.15?

Yes

78. 29 4.11.15 We believe it is standard in Lottery printing contracts to evidence a specific limit for Errors and Omissions Insurance. There is no limit indicated in Section 4.11.15; therefore, will the Lottery amend this section to state that the Contractor is to provide $5,000,000 in Errors and Omissions coverage?

Yes, $5,000,000 is enough coverage.

79. 30 4.11.15 Errors and Omissions policies are written to provide coverage for the wrongful acts of the Contractor, or subcontractors performing on behalf of the Contractor, arising out of the performance or failure to perform for which the Contractor is legally liable. Coverage would not specify “Lottery Expenses” on a policy. If the Lottery incurred a financial injury for which the Contractor found to be legally liable, then the policy would respond.

Will the Lottery please remove the following paragraph? “Lottery Expenses: In addition to the insurance for errors and omissions in connection with tickets for the instant games, coverage shall be obtained, and proof provided to the Lottery, to indemnify the Lottery for up to $250,000 per instant game for actual incurred expenses (e.g., advertising, promotion, etc.) for which the Lottery does not receive full value because the Lottery discontinues a game due to poor manufacturing quality of the tickets, deviation from the approved prize structure, identification of winning tickets before play, or any other defect identified by the Lottery in connection with the production of the Lottery's instant game tickets.”

See Amendment Four (4)

80. 30 4.11.17 Will the Lottery provide the Contractor the opportunity to respond to the notice of claim for liquidated damages before finalizing any such award?

Are we correct in interpreting these paragraphs to apply to physical instant tickets except for the fourth paragraph that specifies eInstant tickets, or could the Lottery please clarify otherwise?

The Lottery intends the Award to have more specific terms.

Paragraphs 1, 2, and 5 apply to both Program A and Program B.

81. 31 4.11.18 Would the Lottery please confirm that the Contractor may not be liable for liquidated damage when delays arise from natural disasters or as a result of Force Majeure?

The Lottery intends the Award to have more specific terms.

82. 32 4.13.3 For how many games in each of the last two years did the Lottery request a change to the color of tickets during the printing of a game? Does the Lottery anticipate any change to this frequency during the term of the new contract?

Please see response to Question 55.

83. 36 4.13.14 Will the Lottery please confirm that its current practice of having 100% of the game data generated for each game audited by a firm of certified public accountants – acceptable to the Lottery along with the vendor supplying an End-of- Production Prize Structure – will meet the intention of the last sentence of subsection 4.13.14?

Yes.

84. 38 4.13.16.k Will the Lottery consider removing the requirement to use trucks “with full functioning air lift capabilities”? We believe that the nature of instant tickets along with the agreed packing requirements of the Lottery ensures that tickets are not damaged during their delivery to the Lottery’s warehouse in normal situations.

85. 38 4.13.17 Given that the Lottery prepares rules and regulations today, will the Lottery remove the requirement to assist the Lottery in preparing rules and regulations, or agree to define the scope of the required assistance with Contractors?

86. 38 4.13.17 Does the reference to individual licensing agreement in this section refer to third-party licensed properties, or could the Lottery please specify otherwise?

The sixth paragraph in 4.13.17 refers to licensing agreements, including for third-party licensed properties and for properties licensed by the Vendor requiring a licensing agreement.

87. 39 4.13.19 Would the Lottery agree that any software required to be provided by the Contractor that is necessary for compatibility with future hardware or software of the Lottery would be upon terms mutually agreed upon in good faith between the Contractor and the Lottery?

Additional terms for compliance with this requirement, including timelines, may be negotiated in good faith between the Lottery and the Vendor.

88. 39 4.13.24 Will the Lottery consider limiting requests for test games in situations where it is implementing new functionality into its lottery system and/or a new system or changing the validation algorithm?

During the course of performance, the Lottery will consider any request to deviate from this requirement on its own merits.

89. 39 4.14 Would the Lottery allow the numbering of requirement 4.14, Additional Kansas Lottery Requirements, similar to Requirement 4.18 for ease of organization?

Yes

90. 40 4.15 Would the Lottery please confirm if the Vendor Ticket Samples should be shipped to the below Attention and Address:

Attention: Nicki Mears Kansas Department of Administration Procurement and Contracts 900 SW Jackson, Suite 451-South Topeka, KS 66612-1286 Event ID EVT0010692

That is correct.

Please have all samples to that location no later than the bid close date.

91. 42 4.18.3 Regarding the requirement: “The Contractor shall provide an end‑of‑run prize structure at the end of the printing of a game detailing the expected and actual number of prizes in each prize level by an independent certified public accounting firm.”

Would the Lottery please confirm whether this applies only to printed retail instant tickets, given that there is no “printing” or end‑of‑run manufacturing stage for eInstant (digital) games?

As written, this requirement applies to instant scratch and pull-tab tickets only; however, the Lottery or its auditors may require additional or similar auditing of eInstant games (see 4.18.5).

92. 42 4.18.4 The RFP states: “Filter Selections shall be made available based upon specifications including, but not limited to: Favorite, New, Progressive, Hot, Multi‑Ticket, and Single Ticket.”

Would the Lottery please confirm that these filters are expected to be implemented and controlled in the front‑end (portal/mobile app) and not a responsibility of the Contractor’s Remote Game Server (RGS)?

Please see response to Question 47.

93. 43 4.18.4 Would the Lottery please clarify the requirement for a proprietary RNG in subsection 4.18.4?

Specifically, what is the Lottery’s rationale for mandating a proprietary RNG for eInstant games?

Would the Lottery permit the use of a certified third‑party RNG embedded within a vendor’s RGS, provided it meets all applicable security, certification, and audit standards?

The Lottery will accept a certified third-party RNG embedded within a

Vendor’s RGS.

94. 43 4.18.5 The RFP states that “The Contractor shall provide a full‑time customer service artist to coordinate ticket design and activities with the Lottery’s art department.”

Could the Lottery please clarify whether this requirement applies specifically to printed retail instant tickets, given there is no printed ticket workflow and therefore no need for a full‑time Customer Service Artist (CSA) for eInstant (digital) games?

The Lottery will accept a dedicated account rep for Program B to provide account coordination and workflow management, including art development, localization, etc., between the Lottery and Vendor, to meet this requirement.

95. 43 4.18.5 The RFP requires the Contractor to provide “detailed lottery design, including game rules, ticket copy, artwork and printing as directed by the Lottery.”

Could the Lottery please confirm whether this requirement is intended only for printed instant tickets, and what the appropriate digital equivalent (if any) should be for eInstants, given that ticket copy, printing and traditional printed ticket artwork typically relates to retail instant scratch tickets and not digital products?

This provision applies to Program B.

96. 45 4.18.8 Would the Lottery agree that any software and upgrades that may be required to be provided by the Contractor for future eInstant games, which are not supported by the current software, would be upon terms mutually agreed upon in good faith between the Contractor and the Lottery?

Yes

97. 45 4.18.10 & 4.18.11

“Contractor will provide back-office and customer support services including a 16/7/365 (16-hours per day, 7 days per week, 365 days per year) Customer support center offering chat, voice and email support to players.”

“Contractor will oversee all vendors and subcontractors required to provide the System and Services, subject to approval by the Lottery.

Contractor will provide a 24/7/365 (24-hours per day, 7-days per week, 365 days per year) Technical operations Center to monitor availability, reliability, and security of the system and Services.

Contractor will provide the maintenance and support service set forth.”

Could the Lottery please clarify whether the requirements for a 24/7/365 customer support center and a 24/7/365 technical operations center apply only to the Lottery’s primary iLottery platform provider, if the Contractor maintains scope and responsibility under a multivendor model that limits delivery to eInstant games and integrates into the Lottery’s existing front-end and PAM system?

The Lottery expects a Vendor to have a Technical Operations Center (TOC) to address service availability and reliability issues related to the Vendor's games and RGS. The Lottery does not intend to require the TOC to be available 24/7/365 but will reserve the right to require that availability according to business needs.

The Lottery does not currently intend to require customer service separate from that provided by its PLP/iLottery provider, but as that contract ends in October 2026 the Lottery intends to keep this requirement in this Event so that it may require Vendors to integrate customer service with the Lottery's PLP/iLottery customer service or to stand up its own customer service, if required.

98. 45 4.18 Would the Lottery confirm that the subsection titled

4.18 Additional Kansas Lottery Requirements

should be numbered 4.19?

That is correct, the last section should be 4.19.

99. 57 Section 6 Would the Lottery please confirm that 6.

Contractual Provisions Attachment requires only a compliance statement for the entire section and subsection, or if a response is required for each separate requirement?

This document does not require a response to each provision.

100. Could the Lottery please provide the contract start date for eInstants?

The Lottery intends for an effective date of July 1, 2026, but this may be delayed by contract award, background checks, and Lottery Commission approval.

101. 26 4.6 Would the lottery please confirm our understanding (or please specify otherwise) that upon award a completed Vendor Security Background is required for the Successful Vendor, its officers and directors, its stockholders with at least 5% interest in the Successful Vendor and the Successful Vendors owners which have a controlling interest in the Successful Vendor; and would the lottery please confirm our understanding that Partners as used in this section means co-bidders or Joint Venture partners of the Successful Vendor or please specify otherwise; please also confirm our understanding that vendor controlled subsidiaries as used in this sections means and refers to the Successful Vendors direct controlled subsidiaries providing any goods or services under the contract?

This provision speaks for itself.

102. Can the lottery clarify if their portfolio of eInstant games must all function using depleting pools or if this can be a configurable game parameter with some games offering depleting pools and others adopting replenishing pools to maintain the odds of winning throughout the game’s lifespan?

The Lottery requires all eInstant games to use a depleting pool mechanic.

103. In the Bid Details document, there are two sections number 4.18 - the first on page 41 (4.18. Work to be Performed: eInstant Lottery Tickets, Program B) and the second on page 45 (4.18. Additional Kansas Lottery Requirements). Considering Bidders are required to follow the same sequence of the RFP when preparing their response (per Section 2.2), please confirm the correct numbering for these two sections?

The last section should be 4.19 and this has been amended.

104. 14 2.2 We will only be responding to Program B: eInstant Lottery Tickets.

Can we ignore the sections that refer to Program A and leave them out of our response? If yes, do we have to note which questions do not pertain to Plan B?

Please see response to Question 45.

105. Is a non-U.S. company (Swedish corporation) eligible to submit a proposal for this RFP? Are there any restrictions or additional requirements for international bidders?

Yes, you may submit a proposal.

106. Regarding the Kansas Tax Clearance Certificate requirement — what is the process for an international company with no prior U.S. tax history? We understand there may be a Form CM- 21 for international vendors.

Please email bids@ks.gov to get registered and information on gaining the tax clearance certificate.

107. Is Foreign Entity Registration with the Kansas Secretary of State required prior to bid submission, or can this be completed upon contract award?

Yes.

108. Are there any mandatory pre-bid conferences or question submission deadlines we should be aware of?

No.

109. For the Performance Bond requirement — the RFP mentions an irrevocable letter of credit as an alternative. Can this be issued by an international bank with a U.S. branch?

Yes.

110. 42 4.18.3 Does the lottery expect a marketing strategy that includes marketing spend for user acquisition?

Is the vendor managing the marketing strategy or are we being asked to contribute ideas and support planning?

For “Sales Objectives” – This would be difficult to provide without information from the Lottery. Is the Lottery looking for engagement numbers, sign-ups, etc.? Or possible gross gaming revenue?

Yes, the lottery expects a marketing strategy that includes marketing spend for acquisition, engagement, first time deposits, and increasing GGR. The Vendor will work in conjunction and collaborate with the Lottery; and the Lottery will share data relevant to or required for the Vendor to meet this Requirement.

1. 1

What retailer incentive promotions did the Lottery run in the last two years?

The Lottery did not run any incentive programs. We have difficulty with timely and accurate validation of participation and corporate restraints.

1. 1

What instant scratch-off products has the Lottery promoted via TV, Radio, Digital, and POS in the last two years?

Hot 7s Family, X-Games, Rivalry Riches X2, Chiefs X2, Tiger/Dragon, Pharaohs, Bass Pro and Holiday X2, Platinum Payout, Fabulous Fortune, Crossword (Dig), Black Diamond (dig).

mailto:bids@ks.gov

What Lottery instant scratch-off products have had a second chance promotion in the last two years?

Hot 7s Family, X-Games, Rivalry Riches X2, Chiefs X2, Tiger/Dragon, Pharaohs, Bass Pro and Holiday X2, Platinum Payout, Fabulous Fortune.

16 2.10 This requires that all proposed equipment, equipment options, and hardware expansions be identified by manufacturer and model number, with descriptive literature submitted with the bid response. Will the Lottery please clarify the intent of this requirement and confirm whether it applies to eInstants?

No response is need from the vendor on this section.

Equipment will not apply to this bid event.

30-

4.11.16 This section appears to apply to physical instant

tickets, as it references “ticket production system.”

We assume this requirement applies only to instant scratch tickets and does not apply to eInstant games.

Please confirm.

Yes – this applies to both scratch and e-instants. We understand they may not have 3 years of instances/incidents.

30- 31 &

4.11.17 & 4.18.7

The Lottery refers to calendar days; however, in 4.18.7., the Lottery is requesting a proposed schedule from design to delivery in working days.

Given the disparity between “calendar days” and “working days,” will the Lottery accept a calendar day schedule in 4.18.7.? From our perspective, this approach will allow for a more direct correlation between these two sections of the RFP.

Yes – we will accept a schedule utilizing calendar days.

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4.11.17 The last…