PR0013772JM Flutter Flag Kits and Flags - IFB.pdf

Commonwealth of Virginia

Invitation for Unsealed Bids

Title: Flutter Flag Kits and Flags

Due Date: August 20, 2026

Contact Information:

Jenn Mabie, VCO Senior Contract Specialist

JMabie@valottery.com 804-513-4962

Invitation for Bids (IFB) #: ........................................................................................................... PR13772JM

IFB Issue Date: ............................................................................................................................ August 5, 2026

Bid Due Date and Time: .............................................................................. August 20, 2026; 3:00 PM ET

Anticipated Initial Contract Term:……………………October 18, 2026, through October 17, 2027 With four (4) optional (1) one-year renewal periods

The Virginia Lottery does not discriminate against faith-based organizations or against a Bidder because of race, religion, color, sex, national origin, age, disability or any other basis prohibited by state law relating to discrimination in employment. The Virginia Lottery encourages firms to provide for the participation of small businesses and businesses owned by minorities and women through partnerships, joint ventures and subcontracting opportunities.

Complete Legal Name of Bidder’s Firm: ______________________________________

There Will Be No Pre-Bid Conference For This Solicitation.

The Lottery requires that a sample Flutter Flag Kit be submitted with the bid. See page 6 for more information.

mailto:JMabie@valottery.com

I. PURPOSE:………………………………………………………………………………………………………………………………..……4

II. PRODUCT AND/OR SERVICE REQUIREMENTS:………………………………………………………………………………4

III. SPECIAL TERMS AND CONDITIONS:……………………………………………………………………………………………..10

A. ADVERTISING:

B. AUDIT:

C. AWARD:

D. BID ACCEPTANCE PERIOD:

E. BID PRICES:

F. CANCELLATION OF CONTRACT:

G. CONFIDENTIALITY OF PERSONAL IDENTIFIABLE INFORMATION………………..…………….…….11

H. CONTRACTOR SUBCONTRACTOR LICENSE REQUIREMENTS …………………………….………..……11

I. COPYRIGHT LIABILITY……………………………………………………………………………………………...…….11

J. DATA BREACH …………………………………………………………………………………………………..…………...12

K. DATA OWNERSHIP………………………………………………………………………………………………………….13

L. DATA USAGE…………………………………………………………………………………………………………..……….14

M. DELIVERY AND STORAGE…………………………………………………………………………………..……

N. DELIVERY NOTIFICATION………………………………………………………………………………….……………15

O. DELIVERY TERMS:

P. DISCOUNTS, PROMPT PAYMENT:

Q. EXTRA CHARGES NOT ALLOWED:

R. FEDERAL TARIFFS…………………………………………….…………………………………………………………..………..16

S. FINAL INSPECTION:

T. IDENTIFICATION AND DELIVERY OF BID:

U. INDEMNIFICATION:

V. NAME OF MANUFACTURER AND SHIPPING POINT……………………………..……………………………19

W. NEW EQUIPMENT……………………………………………………………………………………….…………………. 19

X. NOTICE OF MATERIAL LEGAL DISPUTE:

Y. OPERATIONAL COMPONENTS:

Z. PERFORMANCE, CONTRACTOR:

AA. PRIME CONTRACTOR RESPONSIBILITIES:

BB. PRINTING DEFINITIONS:

CC. PRINTING OVERUNS ..…………………………………………………………………………….……………………… 21

DD. PRINTING OWNERSHIP……………………………………………………………………………….…………………..21

EE. PRINTING PICKUPS………………………………………………………………………………….……………………...22

FF. PRODUCT AVAILABILITY/SUBSTITUTION:

GG. PRODUCT INFORMATION:

HH. QUANTITIES:

II. REFERENCES…………………………………………………………………………………………………………………..22

JJ. RENEGOTIATION OF CONTRACT:

KK. RENEWAL OF CONTRACT:……………………………………………………………………………………………

LL. SECURITY CLEARANCE …………………….,,,,………………………………………………………………………………23

MM. SMALL BUSINESS, WOMAN-OWNED, AND MINORITY-OWNED (SWAM) BUSINESS……….….24

NN. SUBCONTRACTS:

OO. WARRANTY:

PP. WORK SITE DAMAGES…………………………………………………………………………………………………

IV. GENERAL TERMS AND CONDITIONS:……………………………………………………………………………………………25

A. ANTI-DISCRIMINATION:

B. ADDENDA:

C. ANNOUNCEMENT OF AWARD:

D. ANTITRUST:

E. APPLICABLE LAWS AND COURTS:

F. ASSIGNMENT OF CONTRACT:

G. AVAILABILITY OF FUNDS:

H. BID PRICE CURRENCY:

I. CHANGES TO THE CONTRACT:

J. CLARIFICATION OF TERMS:

K. DEBARMENT STATUS:

L. DEFAULT:

M. DRUG-FREE WORKPLACE:

N. ETHICS IN PUBLIC CONTRACTING:

O. IMMIGRATION REFORM AND CONTROL ACT OF 1986:

P. INSURANCE:

Q. MANDATORY USE OF LOTTERY DOCUMENT:

R. NONDISCRIMINATION OF CONTRACTOR:

S. PAYMENT:

T. PERSONNEL SECURITY CLEARANCES:

U. PRECEDENCE OF TERMS:

V. QUALIFICATION OF BIDDER:

W. TAXES:

X. TESTING AND INSPECTION:

Y. TRANSPORTATION AND PACKAGING:

V. METHOD OF PAYMENT AND INVOICING:

VI. DISCOUNT FOR PROMPT PAYMENT:

VII. PRICING:

VIII. ADDENDA:

IX PROPOSED TIMELINE…………………………………………………………………………………………………………...……..35

X. SIGNATURE AND BIDDER PROFILE SHEET:…………………………………………………………………………………..36

XI. BIDDERS CHECKLIST……………………………………………………………………………………………………………….…..37

XII. ATTACHMENTS…………………...……………………………………………………………………………………………………….38

I. PURPOSE:

The purpose of this Invitation for Unsealed Bids (“IFB”) is to solicit bids from qualified firms to produce and ship Flutter Flag Kits and Flags to be used by the Virginia Lottery (“Lottery”), an independent agency of the Commonwealth of Virginia.

II. PRODUCT AND/OR SERVICE REQUIREMENTS:

The Contractor shall produce and ship Flutter Flag kits and flags in accordance with the following minimum requirements. Attachment A for representative design can be found at the end of the solicitation.

A. QUANTITIES: The Lottery will place an initial order of 300 Flutter Flag kits and 100 Flutter Flags upon notification by the Lottery. The kits and flags shall be warehoused by the Contractor in the United States until the Lottery requests shipment. The Lottery will pay for the kits and flags once they are delivered to the Contractor’s warehouse in the United States. Current inventories do not warrant an immediate order. Contractor shall be notified of order via receipt of the Lottery’s Term Contract Release form (“TCR”, see page 8, letter F). During the 12-month initial Contract term, orders will be placed in lots of 25 kits and/or flags.

Beyond the initial order, quantities of kits and flags to be produced and delivered over the term of the Contract (12 months) are unknown. If the Contractor pre-produces kits and/or flags beyond the instruction of the Lottery, the Lottery will not be required to purchase any kits or flags remaining in the Contractor’s inventory at the end of the Contract term.

The Lottery will have the option of adding other Flutter Flags of the same size, but different artwork, during the Contract term. A digital proof and pre-production sample will be required for approval. Pricing will be re-examined at that time due to increases in quantity.

B. ITEM DESCRIPTION:

This solicitation includes three alternative specifications. Bidders shall review the three specifications provided and select only one (1) specification on which to submit a bid. Bidders shall submit pricing for their selected specification only. The Lottery will make a single award to the responsive and responsible bidder offering the lowest price among all bidders regardless of which specification is selected. Separate awards will NOT be made for each specification. (See Attachment A)

1. Flutter Flag: Bidders shall submit a bid for only one (1) of the following specifications: Style A, Style B, or Style C.

Style A:

• 10.5’ digitally printed, double-sided, (reverse image), knitted polyester (approx. 130 grams) portable teardrop banner with black canvas-like pole sleeve

• Approximate height – 104”

Approximate width – 24”

• Print – digitally printed with UV ink/dye on both sides from file supplied by the Lottery

• Tether line from flag to metal hook, loop, etc. on pole. See additional specifications included with letter C, #2.

• Flag material shall be durable and UV-proof

• The color shall be PMS7731 and PMS361 or visually equivalent.

Style B:

• 10’ digitally printed, double-sided, (reverse image), knitted polyester (approx. 130 grams) portable teardrop banner with black canvas-like pole sleeve

• Approximate height – 107” Approximate width – 31”

• Print – digitally printed with UV ink/dye on both sides from file supplied by the Lottery

• Tether line from flag to metal hook, loop, etc. on pole. See additional specifications included with letter C, #2.

Style C:

• 10’ digitally printed, double-sided, (reverse image), knitted polyester (approx. 130 grams) portable teardrop banner with black canvas-like pole sleeve

• Approximate height – 102.5” Approximate width – 23.81”

• Print – digitally printed with UV ink/dye on both sides from file supplied by the Lottery

• Tether line from flag to metal hook, loop, etc. on pole. See additional specifications included with letter C, #2.

2. Flutter Flag Kit A Flutter Flag kit shall consist of the following:

• Cardboard box clearly labeled per packaging instructions

• Detailed assembly instructions

• Ground spike. See additional specifications included with letter C., 2.

• Sectional pole kit composed of aluminum and fiberglass components that do not easily bend

• Flutter flag

3. Packaging

• Each kit shall be shipped in a cardboard box with the exterior clearly labeled “Virginia Lottery Flutter Flag Kit”. The Lottery does not want a carry/ship bag to be included with any kit shipment.

• Flags ordered separately shall be individually poly bagged and shipped in a cardboard box with the exterior clearly labeled “Virginia Lottery Flutter Flag Only”.

• Assembly of kits shall be accomplished manually without the use of tools. Contractor shall provide detailed assembly instructions with each kit.

C. FLUTTER FLAG SAMPLE:

1. The Lottery requires that a sample Flutter Flag kit be submitted with the bid. Artwork submitted on the sample is for review purposes only and may consist of a previously produced flag kit; however, it shall feature double-sided graphics.

If bid is submitted electronically, the sample Flutter Flag kit needs to be shipped and received by the Contract Officer by the due date and time stipulated on the cover page of this solicitation. If the Flutter Flag kit is not received by the Contract Officer by the due date and time stipulated, the bid may not continue to be considered for award.

2. The sample may be used as a basis for award. The following evaluation criteria will be used to evaluate samples:

• Was sample provided?

Note: By not submitting a sample, the Bidder may be excluded from consideration of award.

• Is the cardboard box labeled per packaging instructions?

• Are the assembly instructions included and are they easy to understand?

• Pole construction and material used for the pole Note: The Lottery will be looking for poles of sufficient material strength to not easily bend. Previous poles have bent in strong winds and/or snapped in two. If a pole can be bent over a knee, it is not strong enough.

• Ground spike Note: The Lottery will be looking for a spike of sufficient material strength to retain its structure while and after being inserted into the ground. The pole also needs to be secure on the spike to prevent poles from becoming airborne. Current spike in use is pictured below.

• Tether line from flag to metal hook, loop, etc. on pole Note: The Lottery will be looking for a secure method of fastening the flag to the pole or spike. The flag needs to stay on the pole to prevent flag from becoming airborne. Current tether loop in use is pictured below.

• Ink coverage and material stock used for the flag

3. Sample Flutter Flag kits submitted with the bid may be returned at the

Contractor’s expense, provided a return shipping label is included with the kit submission. In the absence of a return shipping label, the Contractor shall be solely responsible for coordinating and arranging for pickup. The Contractor must coordinate with the Contract Officer (Jenn Mabie; JMabie@valottery.com, 804-513-4962) to arrange a time for pick up and complete pickup within thirty (30) days from the closing date on the bid. Items not retrieved within this timeframe may be disposed of at the Lottery’s discretion.

D. ARTWORK:

1. Artwork will be provided by the Lottery upon determination of low Bidder. File format will be available in several industry standards to include layered AI, EPS or print quality pdf.

2. Contractor shall be responsible for the pickup and delivery of any artwork or proofs not delivered electronically.

3. Artwork may change during the twelve (12) month term of the Contract.

In the event the Lottery revises the artwork, the Contractor shall submit a digital sample of the revised flag artwork for approval prior to the submission of a pre-production sample. The Contractor shall produce and deliver the kits and flags in accordance with the Lottery’s revised artwork for all subsequent orders. Contractor shall provide pricing for art changes in the pricing schedule.

E. PRE-PRODUCTION SAMPLE: The apparent lowest bidder shall, upon request by the Contract Officer, provide pre-production sample kit for review by the Lottery prior to award and the initial production run. The samples shall meet the specifications set forth in this solicitation and shall be exact and true representatives of the actual finished product. A digital sample shall be submitted for approval prior to the submission of a pre-production. Samples shall be provided at no cost to the Lottery. This sample is not the same as the sample to be sent prior to the closing date of the solicitation.

Virginia Lottery, Attn: Jenn Mabie, 22nd Fl., Procurement 600 East Main Street Richmond, VA 23219

F. TERM CONTRACT RELEASE (TCR): The Lottery will communicate to the

Contractor when kits or flags need to be produced and delivered by using the Lottery’s Term Contract Release (TCR) form. The form will indicate the Contract number, whether kits, flags or both are desired, exact quantity to be produced and delivery locations. The prices, terms, and conditions of the TCR shall be the same as the Contract, which will result from this solicitation.

G. WARRANTY:

1. Contractor shall warrant that all flags shall resist fading and are free from defects in material and workmanship for a period of one (1) year from the date of receipt by the Lottery.

2. During the warranty period, the Contractor shall replace any defective or damaged kits or flags at no additional cost to the Lottery upon receipt from the Lottery of the defective or damaged kit or flag.

H. DELIVERY/SHIPPING:

1. Once notified to produce the initial order, Contractor shall warehouse the flag kits and flags in the United States until delivery to various Lottery Customer Service Center (“CSC”) locations throughout the State.

See page 14, letter M. Delivery and Storage, to indicate earliest date of delivery. All shipping charges shall be included in the unit price and deliveries are F.O.B. Destination.

2. Delivery Addresses:

Virginia Lottery NOVA Customer Service Center 14550 Potomac Mills Road Woodbridge, VA 22192 Attn: Ron Rose 703-494-1501

Virginia Lottery Shenandoah Valley Customer Service Center 1790-26 East Market Street Harrisonburg, VA 22801 Attn: Todd Huffman 540-433-7979

Virginia Lottery Hampton Roads Customer Service Center 2306 W. Mercury Boulevard Hampton, VA 23666 Attn: Alan Brown 757-825-7800

Virginia Lottery Central Virginia Customer Service Center 1524 S. Main Street Farmville, VA 23901 Attn: Scott Schrader 434-392-7294 Note: deliveries require a lift gate truck

Virginia Lottery Roanoke Valley Customer Service Center 1287 Towne Square Boulevard Roanoke, VA 24012 Attn: Chris Johnson 540-561-7011

Virginia Lottery Southwestern Virginia Customer Service Center 408 E. Main Street Abingdon, VA 24210 Attn: Robert Cole 276-676-5540

Virginia Lottery Prize Zone West 1620 E. Parham Rd.

Richmond, VA 23228 Attn: Chris Collins 804-692-7955

Virginia Lottery Headquarters

600 East Main Street Richmond, VA 23219 Attn: Brayanna Jones, 18th Floor 804-692-7529

3. Subsequent orders shall be shipped in accordance with the Lottery’s TCRs.

4. All shipments shall be F.O.B. Destination.

5. All shipping charges shall be borne by the Contractor and be included in the “each” price of the kits and flags.

6. During the Contract term, kits and flags shall be shipped in lots of 25 to Lottery CSC locations.

III. SPECIAL TERMS AND CONDITIONS:

A. ADVERTISING:

In the event a Contract is awarded for supplies, equipment, or services resulting from this solicitation, no indication of such sales or services to the Lottery shall be used in product literature or advertising without the Lottery Executive Director’s prior written approval. The Contractor shall not state in any of its advertising or product literature that the Lottery has purchased or uses its products or services.

B. AUDIT:

The Contractor shall retain all books, records, and other documents relative to this Contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The Lottery, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

C. AWARD:

The Lottery will make the award based on the lowest responsive and responsible Bidder’s grand total. The sample submitted with the bid may be used as a basis for award in addition to any/all of the dates supplied below in the Delivery and Storage term and condition. The Purchasing Office reserves the right to conduct any test it may deem advisable and to make all evaluations. The Lottery also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed, in the sole opinion of the Lottery, to be in its best interest.

D. BID ACCEPTANCE PERIOD:

Any bid in response to this solicitation shall be valid for 180 days. At the end of the 180 days the bid may be withdrawn at the written request of the

Bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the program is canceled.

E. BID PRICES:

Bid shall be in the form of a firm unit price for each item during the Contract period.

F. CANCELLATION OF CONTRACT:

The Lottery reserves the right to cancel and terminate any resulting Contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event of a material breach with no options to cure, the Lottery reserves the right to cancel this Contract within ten (10) days written notice. If the initial Contract period is for more than 12 months, the resulting Contract may be terminated by either party, without penalty, after the initial 12 months of the Contract period upon 60 days written notice to the other party. Any Contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

G. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION:

The Contractor assures that information and data obtained as to personally-identifiable information and circumstances related to Lottery players/consumers, employees, retailers, vendors, applicants, and/or licensees will be collected and held confidential, during and following the term of this agreement, and will not be divulged without the individual’s and the Lottery’s written consent and only in accordance with federal law or the Code of Virginia. Contractors who utilize, access, or store personally identifiable information as part of the performance of a contract are required to safeguard this information and immediately notify the Lottery of any breach or suspected breach in the security of such information.

Contractors shall allow the Lottery to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement.

H. CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT:

By my signature on this solicitation, I certify that this firm/individual and subcontractor are properly licensed for providing the goods/services specified.

Contractor Name:

Subcontractor Name:

License Number:

License Type:

I. COPYRIGHT LIABILITY:

The Contractor shall hold and save harmless the Commonwealth of Virginia and the Virginia Lottery, the Lottery Board and its officers, retailers, and employees, from liability of any nature or kind arising out of a claim or suit for or on account of the use of any copyrighted or uncopyrighted composition, software, trademark, service mark, secure process, patented invention, article, or appliance furnished or used in the performance of any Contract resulting from the solicitation. Contractor agrees to assume the defense of any and all such suits and pay the costs and expenses incidental thereto, subject to the right of the Commonwealth of Virginia to provide additional legal counsel at the Commonwealth’s own expense.

J. DATA BREACH CLAUSE

Notification and Response The Contractor shall notify the Virginia Lottery as soon as practicable, but in no event later than twenty-four (24) hours after becoming aware, of any actual or suspected Cybersecurity Incident or Data Breach involving Virginia Lottery Data, including unauthorized access, acquisition, disclosure, alteration, or loss of data, whether maintained by the Contractor or its subcontractors. For purposes of this Agreement, “Cybersecurity Incident” means any actual or suspected event that results in, or has the potential to result in, unauthorized access to, disruption of, misuse of, modification of, or destruction of information systems, networks, applications, or data, or that compromises the Confidentiality, Integrity, or Availability (CIA) of Lottery information resources, including any error or omission, negligence, misconduct, or breach that compromises or is suspected to compromise the security, confidentiality, or integrity of Virginia Lottery Data or the safeguards implemented to protect such data.

Notice shall be provided by telephone and email to the Lottery’s Director of Information Security and by email to the Lottery’s Office of Legal Counsel (Deputy General Counsel) and Director of Security, and shall occur without unreasonable delay and in all events within the twenty-four (24) hour period stated above. The notice shall include, at a minimum:

1. A description of the nature of the incident and the date and time it was discovered;

2. The categories and approximate volume of Virginia Lottery Data affected;

3. Whether the data was encrypted, redacted, or otherwise protected, and whether encryption keys were compromised;

4. Actions taken or planned to contain, investigate, and remediate the incident; and

5. A designated point of contact responsible for coordinating incident response.

The Contractor shall fully cooperate with the Virginia Lottery, the Commonwealth of Virginia Fusion Center, law enforcement, and their designee(s) in incident investigation, forensic analysis, containment, remediation, and recovery activities, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable law or as otherwise required by the Lottery. The Virginia Lottery retains the sole authority to determine whether external notifications (including notices to affected individuals, regulators, or law enforcement) are required and to approve the timing, method, and content of any such notifications.

Notification to Individuals and Costs If notification to individuals or entities affected by the incident is required under applicable law (federal or state), the Contractor shall, at its own expense and only as approved by the Virginia Lottery with respect to timing, method, and content, provide such notification. In the case of Personally Identifiable Information (PII), and at the Virginia Lottery’s sole election, the Contractor shall additionally: (i) notify affected individuals as soon as practicable but no later than required by applicable law, or, if no legally required notification period applies, within five (5) calendar days of the occurrence; (ii) reimburse the Virginia Lottery for any costs incurred in notifying affected individuals; (iii) provide third-party credit and identity monitoring services to each affected individual for the period required by applicable law, or, if no legally required monitoring period applies, for no less than twenty-four (24) months following the date of notification; (iv) perform any other actions required to comply with applicable law; (v) indemnify, defend, and hold harmless the Virginia Lottery and the Commonwealth of Virginia from and against any and all claims, including reasonable attorneys’ fees, costs, and expenses, arising from or related to the occurrence; (vi) recreate lost Virginia Lottery Data in the manner and on the schedule set by the Virginia Lottery, without charge; and (vii) provide the Virginia Lottery a detailed plan within ten (10) calendar days of the occurrence describing the measures the Contractor will undertake to prevent a future occurrence.

To the extent the Contractor provides notification to affected individuals, such notification shall, at a minimum, include: (a) name and contact information of the Contractor’s representative; (b) a description of the nature of the incident; (c) a list of the types of data involved; (d) the known or approximate date of the incident; (e) how the incident may affect the affected individual; (f) what steps the Contractor has taken to protect the affected individual; (g) what steps the affected individual can take to protect themselves; (h) contact information for major credit reporting agencies;

and (i) information regarding the credit and identity monitoring services to be provided by the Contractor (if applicable).

Subcontractors The Contractor shall ensure that all subcontractors are contractually bound to equivalent incident reporting and response obligations. The Contractor remains fully responsible for subcontractor actions or omissions.

K. Data Ownership All data provided to the Contractor by the Virginia Lottery, or collected, generated, processed, or stored on behalf of the Virginia Lottery under this Agreement (“Virginia Lottery Data”), remains the exclusive property of the Virginia Lottery. No rights, title, or interest in such data is transferred to the Contractor.

The Contractor shall act solely as a data custodian and shall not assert any ownership, lien, or other interest in Virginia Lottery Data.

Return and Destruction of Data Upon termination or expiration of this Agreement, or upon written request by the Virginia Lottery, the Contractor shall:

1. Return all Virginia Lottery Data in a format designated by the Virginia

Lottery; and

2. Securely delete or destroy all copies of Virginia Lottery Data, including backups and archival copies, within 30 days, unless retention is otherwise required by law or otherwise directed by the Lottery.

The Contractor shall provide written certification of data return and destruction upon completion. These obligations survive contract termination.

L. Data Usage The Contractor shall use Virginia Lottery Data solely for the purpose of performing services expressly authorized under this Agreement and for no other purpose.

Use of Virginia Lottery Data for analytics, product development, artificial intelligence training, marketing, benchmarking, resale, or disclosure to third parties is strictly prohibited unless explicitly authorized in writing by the Virginia Lottery.

Access Controls and Segregation The Contractor shall:

• Restrict access to Virginia Lottery Data to authorized personnel with a demonstrated need-to-know;

• Implement logical and physical controls to prevent unauthorized access or use;

• Maintain segregation of Virginia Lottery Data from other customer or contractor data;

Location, Storage, and Transfer The Contractor shall not store, process, or transmit Virginia Lottery Data outside of the Continental US without prior written authorization. Any data sharing, interconnection, or system-to-system exchange shall be documented and approved by the Virginia Lottery in writing to include the following the types of shared data and the direction(s) of data flow documented in a data flow diagram.

M. DELIVERY AND STORAGE:

Bidder shall state the earliest firm date in calendar days that a pre-production sample can be provided after request by the Contract Officer. This date may be a factor in making the award.

Firm delivery date of Pre- Production sample after request by Contract Officer:

_________________calendar days after request

Bidder shall state the earliest firm date in calendar days after award that the initial quantity (300 flag kits and 100 flags) shall be in storage in the United States warehouse. This date may be a factor in making the award.

Firm date of arrival of initial warehouse stock:

_________________calendar days after award

Bidder shall state the earliest firm delivery date in calendar days after receipt of an order for flag kits or flags from warehoused stock. This date may be a factor in making the award.

Firm delivery date after receipt of order (“ARO”) from warehoused stock:

_________________calendar days ARO

Bidder shall state the earliest firm delivery date in calendar days after receipt of an order for flag kits or flags to be manufactured. This date may be a factor in making the award.

Firm delivery date after receipt of order (“ARO”) to be manufactured:

_________________calendar days ARO

N. DELIVERY NOTIFICATION:

Deliveries shall only be accepted Monday through Friday, between the hours of 8:30 a.m. and 4:30 p.m. Notification shall be made to:

Name:

Please refer to page 8 of the solicitation for the list of names associated with each Virginia Lottery CSC and Headquarters location.

Phone:

Please refer to page 8 of the solicitation for the phone numbers associated with each Virginia Lottery CSC and Headquarters location.

O. DELIVERY TERMS:

Delivery shall be FOB Destination with shipping costs included in the unit price.

P. DISCOUNTS, PROMPT PAYMENT:

Discounts for prompt payment will not be calculated in determining net low bid. Discounts for prompt payment will be shown on the purchase order/Contract and taken if invoices are processed and payment made within the stipulated time frame. If discounts are not offered, payment shall be made 30 days after receipt of an accurate invoice by the Lottery’s Accounts Payable Department. Bidder shall indicate discount (if applicable) within the “Discount for Prompt Payment” on page 33 of this solicitation.

Q. EXTRA CHARGES NOT ALLOWED:

The bid price shall be for kits and flags ready for the Lottery’s use and shall include all applicable freight charges; extra charges will not be allowed.

R. FEDERAL TARRIFFS:

In the event that the President of the United States, the United States Congress, Customs and Border Protection, or any other federal entity authorized by law, imposes an import duty or tariff (a “tariff”), on an imported good that results in an increase in contractor’s costs to a level that renders performance under the Agreement impracticable, the Lottery may agree to an increase to the purchase price for the affected good. No increase in purchase price may exceed 50% of the additional tariff imposed on the goods imported or purchased by the contractor that are provided to the Lottery under this Agreement.

Prior to the Lottery agreeing to a price increase pursuant to this Section, the contractor must provide to the Lottery, the following documentation, all of which must be satisfactory to the Lottery:

evidence demonstrating: (i) the unit price paid by contractor as of the date of award for the good or raw material used to furnish the goods to the Lottery under this Agreement, (ii) the applicability of the tariff to the specific good or raw material, and (iii) contractor’s payment of the increased import duty or tariff (either directly or through an increase to the cost paid for the good or raw material). The evidence submitted shall be sufficient in detail and content to allow the Lottery to verify that the tariff is the cause of the price change.

a certification signed by contractor that it has made all reasonable efforts to obtain the good or the raw materials comprising the good procured by the Lottery at a lower cost from a different source located outside of the country against which the tariff has been imposed.

a certification signed by contractor that the documentation, statements, and any other evidence it submits in support of its request for a price increase under this Section are true and correct, and that the contractor would otherwise be unable to perform under this Agreement without such price increase.

as requested by the Lottery, written instructions authorizing the Lottery to request additional documentation from individuals or entities that provide the good or the raw materials to verify the information submitted by contractor.

If the Lottery agrees to a price increase pursuant to this Section, the parties further agree to add the following terms to this Agreement:

During the Term and for five (5) years after the termination of this Agreement, contractor shall retain, and the Commonwealth and its authorized representatives shall have the right to audit, examine, and make copies of, all of contractors books, accounts, and other records related to this Agreement and contractor’s costs for providing goods to the

Commonwealth, including, but not limited to those kept by the contractor’s agents, assigns, successors, and subcontractors.

In the event the import duty or tariff is repealed or reduced prior to termination of this Agreement, the increase in the Lottery’s contract price shall be reduced by the same amount and adjusted accordingly.

S. FINAL INSPECTION:

Prior to beginning production, the kits and flags shall be in compliance with Contract specifications. Any deficiencies shall be promptly and permanently corrected by the Contractor at the Contractor’s sole expense prior to final acceptance.

T. IDENTIFICATION AND DELIVERY OF BID:

The cover page of this solicitation indicates that bids will be accepted as unsealed. Bids will be received for this procurement preferably via electronic submission through the eVA vendor portal. Submissions will also be accepted through email to the Contract Officer indicated on the cover page, mail or hand delivery to the Contract Officer indicated on the cover page. Bids received for this procurement should be identified as follows:

Name of Bidder:

Due Date and Time:

Bidder’s complete address:

IFB No. : PR13772JM IFB Title: Flutter Flag Kits and Flags

IF BID IS SUBMITTED ELECTRONICALLY:

Electronic bid submission through eVA is preferred. Bidder must be registered in eVA to submit an electronic bid. Additionally, Bidders must be registered in eVA to be awarded a bid. Bidders must submit one (1) complete copy of the bid and attachments as well as one copy with proprietary information redacted, if any.

If a Bidder needs assistance submitting an electronic response, the Bidder must contact eVA Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov. Customer Care Hours: 8:00am to 5:00pm.

Bids may also be submitted via email to the Contract Officer, Jenn Mabie, at JMabie@valottery.com Subject Line: “PR13772JM – Flutter Flag Kits and Flags”

IF BID IS MAILED: Bidder must mail bid to:

Virginia Lottery Purchasing Office – 22nd Floor Attn: Jenn Mabie 600 East Main Street Richmond, VA 23219

No other correspondence or other bids should be placed in the envelope.

mailto:eVACustomerCare@dgs.virginia.gov

IF BID IS HAND DELIVERED (INCLUDING COURIER): Bid must be delivered to 600 East Main Street, Richmond, Virginia 23219. Due to increased building security, bid will not be accepted unless delivered to the Security Guard Station located on the Main Street entrance of Lottery Headquarters, Main Street Centre (address above). However, the Security Guard is not responsible for identifying the date and time a bid is received; only a Lottery employee can make that determination. The Security Guard will contact an appropriate Lottery employee from Procurement for bid receipt; this process could take 30 minutes or more – Bidders should not wait to submit bids at the last minute.

Late bids will not be accepted.

Note: the Lottery does not conduct public openings.

U. INDEMNIFICATION:

Contractor agrees to indemnify and hold harmless the Commonwealth, the Lottery, their officers, directors, agents and employees (collectively, “Commonwealth’s Indemnified Parties”) from and against any and all losses, damages, claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, assessments, fines, penalties (whether criminal or civil), judgments, settlements, expenses (including attorneys’ and accountants’ fees and disbursements) and costs (each, a “Claim” and collectively, “Claims”), incurred by, borne by or asserted against any of Commonwealth’s Indemnified Parties to the extent such Claims in any way relate to, arise out of or result from: (i) any intentional or willful conduct or negligence of any employee, agent, or subcontractor of the Contractor, (ii) any act or omission of any employee, agent, or subcontractor of the Contractor, (iii) breach of any representation, warranty or covenant of the Contractor contained herein, (iv) any defect in the Contractor-provided products or services, or (v) any actual or alleged infringement or misappropriation of any third party’s intellectual property rights by any of the Contractor-provided products or services. Selection and approval of counsel and approval of any settlement shall be accomplished in accordance with all applicable laws, rules and regulations. For state agencies, the applicable laws include §§ 2.2-510 and 2.2-514 of the Code of Virginia. In all cases involving the Commonwealth or state agencies, the selection and approval of counsel and approval of any settlement shall be satisfactory to the Commonwealth.

In the event that a Claim is commenced against any of Commonwealth’s Indemnified Parties alleging that use of the Contractor-provided products or services, including any components thereof, or that the Contractor’s performance or delivery of any product or service under this Contract infringes any third party’s intellectual property rights and the Contractor is of the opinion that the allegations in such Claim in whole or in part are not covered by this indemnification provision, Contractor shall immediately notify the Lottery in writing, via certified mail, specifying to what extent the Contractor believes it is obligated to defend and indemnify under the terms and conditions of this Contract. The Contractor shall in such event protect the interests of the Commonwealth’s Indemnified Parties and secure a continuance to permit the Lottery to appear and defend their interests in cooperation with the Contractor as is appropriate, including any jurisdictional defenses the Lottery may have.

In the event of a Claim pursuant to any actual or alleged infringement or misappropriation of any third party’s intellectual property rights by any of the Contractor-provided Deliverables, Products, Software, Services, Solution, including Solution Components, Application and Licensed Services, as applicable, or Contractor’s performance, and in addition to all other obligations of the Contractor in this Section, the Contractor shall at its expense, either (a) procure for all Authorized Users the right to continue use of such infringing Deliverables, Products, Software, Services, Solution, including Solution Components, Application and Licensed Services, as applicable, or any component thereof; or (b) replace or modify such infringing Deliverables, Products, Software, Services, Solution, including Solution Components, Application and Licensed Services, as applicable, or any component thereof, with non-infringing Deliverables, Products, Software, Services, Solution or Solution Component(s), Application and Licensed Services, as applicable, satisfactory to the Lottery. And in addition, the Contractor shall provide any the Lottery with a comparable temporary replacement products and/or services or reimburse the Lottery for the reasonable costs incurred by the Lottery in obtaining an alternative product or service, in the event the Lottery cannot use the affected Deliverable, Product, Software, Services, Solution or Solution Component(s), Application and Licensed Services, as applicable, or any component thereof. If the Contractor cannot accomplish any of the foregoing within a reasonable time and at commercially reasonable rates, then the Contractor shall accept the return of the infringing Deliverables, Products, Software, Services, Solution, Solution Component, Application and Licensed Services, as applicable, or any component thereof, along with any other components rendered unusable by the Lottery as a result of the infringing component, and refund the price paid to the Contractor for such components.

V. NAME OF MANUFACTURER AND SHIPPING POINT:

Each Bidder shall supply in the space below the name and address of the manufacturer of each item offered and the shipping point.

Item Numbers:

Manufacturer:

Manufacturer’s Address:

Shipping Point:

W. NEW EQUIPMENT:

Unless otherwise expressly stated in this solicitation, any equipment furnished under the Contract shall be new, unused equipment.

X. NOTICE OF MATERIAL LEGAL DISPUTE:

Contractor shall notify the Lottery of its involvement in any legal dispute that is or may become material to this Contract. Contractor shall provide the Lottery with pertinent, non-privileged details upon request.

Y. OPERATIONAL COMPONENTS:

Unless otherwise requested in the solicitation, stated kit prices shall include all assembly hardware and documentation for all components, and any other items necessary for full function.

Z. PERFORMANCE, CONTRACTOR:

Contractors providing goods and services to the Lottery are required to perform in accordance with the terms and conditions of their Contract.

When contractual requirements are not met, the following actions may be taken (at the Lottery’s option):

1. Contractor Complaint Form:

If a Contractor fails to perform in accordance with the terms and conditions of the Contract, the Lottery will prepare a Contractor Complaint Form and forward to the Purchasing Office. This form will be sent to the Contractor for a corrective action plan.

2. Default:

If the Contractor is non-responsive to the complaint form or does not satisfy the corrective action plan submitted in the complaint form or provides an unsatisfactory corrective plan, as determined by the Lottery, the Contractor may, at the Lottery’s discretion, be placed in default and notified via Contractor Complaint Form.

3. Ineligible for Award:

Once placed in default, the Contractor will be ineligible to do business with the Lottery for purchases exceeding $10,000 for a period of three (3) years.

4. Re-procurement of Goods and Services:

In addition to a Contractor’s ineligibility for award of programs over $10,000, the Lottery may procure the goods and/or services from other sources and hold the Contractor responsible for the price difference of the original Contract amount and the amount of the new Contract. The Lottery will follow competitive principles as outlined herein for the re-procurement.

The vendor will remain in default until the re-procurement costs have been paid to the Lottery. The vendor is still subject to the three

(3) year ineligibility based on the default regardless as to when the re-procurement cost is paid.

5. Number of Complaints:

a) For Term Contracts: if the Contractor has received three (3) or more complaints within the initial Contract period as documented by Contractor Complaint Forms, the Contractor may, at the Lottery’s discretion, be ineligible to submit a bid/proposal if the goods/services are re-solicited at expiration of Contract. Ineligibility shall apply even though a satisfactory resolution to all complaints occurred.

b) For a Renewal Period: if the Contractor has received three

(3) or more complaints within a renewal period as documented by Contractor Complaint Forms, the Contractor may, at the Lottery’s discretion, be ineligible to submit a bid/proposal if the goods/services are re-solicited at expiration of Contract. Ineligibility shall apply even though a satisfactory resolution to all complaints occurred.

c) For Spot Purchases: if the Contractor has received three (3) or more complaints within a period of one (1) year as documented by Contractor Complaint Forms, the Contractor may, at the Lottery’s discretion, be ineligible to do business with the Lottery for purchases exceeding $10,000 for a period of one (1) year after the issuance of the third Contractor Complaint Form. Ineligibility shall apply even though a satisfactory resolution to all complaints occurred.

AA. PRIME CONTRACTOR RESPONSIBILITIES:

The Contractor shall be responsible for completely supervising and directing the work under this Contract and all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this Contract shall be responsible to the prime Contractor. The Contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees.

BB. PRINTING DEFINITIONS:

CLASS 1 - CRITICAL QUALITY PRINTING: This class shall be used for four-color process printing where critical color matches are necessary or where engraved and/or embossed invitations are required. Typical examples:

matching artist’s original paintings or sculptures, or product colors so that they represent true colors or materials used in creating the original are accurately represented, and reproduction of medical slides where true color may be critical. This is a step above “pleasing colors.” Finishing and bindery operations shall be of this same critical quality.

CC. PRINTING OVERRUNS/UNDERRUNS:

Bids for printing will be rejected if the quoted overrun cost exceeds the base lot price quoted for the equivalent incremental unit quantity. On bids for multiple part forms, envelopes, and signage, the additional overrun quoted shall not exceed the base lot price quoted for the equivalent incremental quantity. The Lottery may at its discretion accept an underrun, provided credit is allowed the Lottery at the full base price per unit for the quantity of the underrun.

DD. PRINTING - OWNERSHIP OF PRINTING MATERIALS:

All artwork, camera-ready copy, negative, dies, photos, and similar materials used to produce a printing job shall become the property of the

Lottery. Any furnished materials shall remain the property of the Lottery.

All such items and materials shall be delivered to the Lottery in usable condition after completion of the work, and prior to submission of the invoice for payment.

EE. PRINTING - PICK-UPS/DELIVERIES:

Contractor shall be responsible for all pick-ups and deliveries of all materials.

FF. PRODUCT AVAILABILITY/SUBSTITUTION:

Substitution of a product, brand or manufacturer after the award of Contract is expressly prohibited unless approved in writing by the Contact Specialist. The Lottery may, at its discretion, require the Contractor to provide a substitute item of equivalent or better quality subject to the approval of the Contract Specialist, for a price no greater than the Contract price, if the product for which the Contract was awarded becomes unavailable to the Contractor.

GG. PRODUCT INFORMATION:

The Bidder shall clearly and specifically identify the product being offered and enclose complete and detailed descriptive literature, catalog cuts and specifications with the bid to enable the Lottery to determine if the product offered meets the requirements of the solicitation. Failure to do so may cause the bid to be considered nonresponsive.

HH. QUANTITIES:

Quantities set forth in this solicitation are estimates only, and the Contractor shall supply at bid prices actual quantities as ordered, regardless of whether such total quantities are more or less than those shown.

II. REFERENCES:

Bidders shall provide a list of at least three references where similar goods and/or services have been provided. Each reference shall include the name of the organization, the complete mailing address, the name of the contact person, telephone number and email address.

Organization:

Contact Person:

Telephone:

Email:

Organization:

Organization:

JJ. RENEGOTIATION OF CONTRACT:

The Lottery reserves the right, at any time during the Contract term or any renewals of the term, to renegotiate with the Contractor a reduction in the compensation paid to the Contractor that is less than the compensation initially agreed to by the Contractor and the Lottery at the time of Contract execution. The Lottery may initiate such negotiations whenever the Lottery determines that it is in the Lottery's best fiscal interests to do so.

Notwithstanding any other provision of this Contract to the contrary, the Lottery may terminate this Contract immediately and without penalty if the Lottery is unable to renegotiate the compensation with the Contractor to an amount which the Lottery determines to be appropriate.

KK. RENEWAL OF CONTRACT:

This Contract may be renewed by the Lottery for four (4) optional successive one-year periods under the terms and conditions of the original Contract except as stated in 1. and 2. below. Price increases/decreases may be negotiated only at the time of renewal. Written notice of the Lottery’s intention to renew shall be given approximately 90 days prior of each Contract period.

1. If the Lottery elects to exercise the option to renew the Contract for an additional one-year period, the Contract price(s) for the additional one year shall not exceed the Contract price(s) of the original Contract increased/decreased by more than the percentage increase/decrease of the Other Goods and Services category of the CPI-U section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest 12 months for which statistics are available.

2. If during any subsequent renewal periods, the Lottery elects to exercise the option to renew the Contract, the Contract price(s) for the subsequent renewal period shall not exceed the Contract price(s) of the previous renewal period increased/decreased by more than the percentage…