RFP173 CompetitiveSolicitation.docx

WASHINGTON’S LOTTERY

COMPETITIVE SOLICITATION – NO. RFQQ173

DIGITAL JACKPOT SIGNS

INTRODUCTION

Washington’s Lottery (Lottery) is issuing this Competitive Solicitation pursuant to chapter 39.26 RCW. Pursuant to this Competitive Solicitation, Lottery intends to conduct a competitive procurement to award an Agency Contract for Lottery to purchase Digital Jackpot Signs (Signage).

Lottery provides Signage at retail locations to advertise current jackpots and draw days for Lotto, Hit 5, Powerball, and Mega Millions. Signage under the resulting contract will be required to interact with Lottery’s gaming vendor to update as jackpots and draw days change.

Bidders interested in this Competitive Solicitation shall have at least five (5) years of experience in providing, producing, or creating products of the same nature as those identified in this solicitation.

This Competitive Solicitation is divided into six (6) sections:

· Section 1 provides a summary table of relevant deadlines for responding to the Competitive Solicitation and identifies contact information for Lottery’s Procurement Coordinator.

· Section 2 provides important information about the procurement that is designed to help interested bidders evaluate the potential opportunity, including the purpose of the procurement, the form of the resulting Contract, and potential contract sales.

· Section 3 identifies how Lottery will evaluate the bids.

· Section 4 identifies how to prepare and submit a bid for this Competitive Solicitation, including detailed instructions regarding what to submit and how to submit your bid.

· Section 5 details the applicable requirements to file a complaint, request a debrief conference, or file a protest regarding this Competitive Solicitation.

· Section 6 provides information pertaining to doing business with the State of Washington, including Lottery’s efforts to enable Washington’s small and diverse businesses to compete for and participate in state procurements for goods/services.

In addition, this Competitive Solicitation includes the following Exhibits:

· Exhibit A – Required Bidder Information: These exhibits identify information that bidders must provide to Lottery to constitute a responsive bid. See Section 4, below.

· Exhibit A-1 – Bidder’s Certification

· Exhibit A-2 – Bidder’s Profile

· Exhibit B – Product Specifications & Requirements: This exhibit outlines the required specifications/qualifications for the Signage that is the subject of this Competitive Solicitation.

· Exhibit C – Price Proposal: This exhibit provides the pricing information that bidders will complete as part of their bid and the price evaluation tool that Lottery will use to evaluate and compare bids.

· Exhibit D – Contract: This exhibit is a draft of the Contract that any successful bidder will execute with Lottery.

· Exhibit D1 – Contract Issues List: This exhibit outlines the bidder’s issues, if any, and proposed resolution for bidders who have business concerns with the form of the Contract. Note, however, that Lottery reserves the right not to modify the Contract and to award the Contract on the basis of a bidder’s willingness to agree to the Contract.

Section 1 – Deadlines, Questions, Procurement Coordinator, and Modification

This section identifies important deadlines for this Competitive Solicitation, where to direct questions regarding the Competitive Solicitation, and the process for potential amendments or modifications to the Competitive Solicitation.

1.1. COMPETITIVE SOLICITATION DEADLINES. The following table identifies important dates for this Competitive Solicitation:

COMPETITIVE SOLICITATION DEADLINES

March 14, 2024

RSVP must include whether attendance is virtual or in person

Pre-Bid Conference

March 28, 2024, at 10:00 a.m. (Pacific Time)

In Person: Washington’s Lottery (HQ) 814 4th Ave E Olympia WA 98506

Virtual Attendance: A MS Teams meeting notification and instructions will be sent out after receiving bidder’s RSVP.

1.2. COMPETITIVE SOLICITATION QUESTIONS. Questions or concerns regarding this Competitive Solicitation

1.3. must be directed to the following Procurement Coordinator:

Procurement Coordinator

Questions raised at the pre-bid conference and during the Q&A period will be answered and responses posted to Washington’s Electronic Business Solution (WEBS).

1.4. COMPLAINTS, DEBRIEFS, & PROTESTS. The Competitive Solicitation (and award of any Contract) is subject to complaints, debriefs, and protests as explained in Section 5, which may impact the dates set forth above.

1.5. COMPETITIVE SOLICITATION – AMENDMENT & MODIFICATION. Lottery reserves the right to amend and modify this Competitive Solicitation. Only bidders who have properly registered and downloaded the original Competitive Solicitation directly via the Washington Electronic Business Solution (WEBS) will receive notifications of amendments and other correspondence pertinent to this Competitive Solicitation. Visit WEBS to register.

Section 2 – Information About the Procurement

This section describes the purpose of the Competitive Solicitation and provides information about this procurement, including the potential scope of the opportunity.

2.1. PURPOSE OF THE PROCUREMENT – AWARD A CONTRACT. The purpose of this Competitive Solicitation is to receive competitive bids to evaluate and, as appropriate, award a Contract for Lottery to procure Digital Jackpot Signs as set forth herein. Pursuant to Washington’s Procurement Code for Goods and Services, chapter 39.26 RCW, state agency purchases of goods and services must be based on a competitive solicitation process in which the Contract is awarded to the lowest responsive, responsible bidder.

2.2. CONTRACT. The form of the Contract that will be awarded as a result of this Competitive Solicitation is attached as Exhibit D – Contract.

2.3. CONTRACT TERM. As set forth in the attached Contract for this Competitive Solicitation, the contract term is four (4) years, with the option, at the discretion of Lottery, for up to two (2) one (1) year extensions. Bidders are to specify prices for the contract term. The Contract is subject to earlier termination.

2.4. ESTIMATED CONTRACT VALUE. Historically, for prior contracts, annual total spend was approximately $450,000 for Signage. Total potential or estimated contract sales for this Competitive Solicitation are not known.

2.5. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES. Lottery will apply the following Washington State procurement priorities and preferences to this Competitive Solicitation which, as set forth in Section 3.6, will impact the evaluation of bids for this Competitive Solicitation:

· Executive Order 18-03: 1%

· Washington Small Business: 3%

· Certified Veteran-Owned Business: 3%

Section 3 – Bid Evaluation

This section identifies how Lottery will evaluate bids for this Competitive Solicitation.

3.1. OVERVIEW. Lottery will evaluate bids for this Competitive Solicitation as described below.

· Bidder responsiveness, performance requirements, price factors, and responsibility will be evaluated based on the process described herein.

· Any bidder whose bid is determined to be non-responsive will be rejected and will be notified of the reasons for this rejection.

· Lottery reserves the right to: (1) Request clarification regarding any bid; (2) Waive any informality; (3) Reject any or all bids, or portions thereof; (4) Accept any portion of the bid unless the bidder stipulates all or nothing in their bid; (5) Cancel the Competitive Solicitation and, if desired, re-solicit bids; and/or (6) Negotiate with the highest scored responsive, responsible bidder(s) to determine if such bid can be improved.

· Lottery will use the following process and evaluation criteria to determine eligibility for an award of the Contract:

Bid Evaluation

Exhibit B – Product Specifications & Requirements

Exhibit C – Price Proposal

State Procurement Priorities

3.2. BID RESPONSIVENESS (STEP 1). Lottery will review bids – on a pass/fail basis – to determine whether the bid is ‘responsive’ to this Competitive Solicitation. This means that Lottery will review each bid to determine whether the bid is complete – i.e., does the bid include each of the required bid submittals, are the submittals complete, signed, legible. Lottery reserves the right – in its sole discretion – to determine whether a bid is responsive – i.e., to determine a bidder’s compliance with the requirements specified in this Competitive Solicitation and to waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the Competitive Solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the goods or the quality, capability, or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial, to bidders. For responsive bids, Lottery will perform a cursory review to determine Bidder’s ability to meet the minimum requirements. In determining responsibility, Lottery will review Exhibit B – Product Specifications and Requirements on bidder’s ability to meet the minimum pass/fail requirements.

3.3. BIDDER RESPONSIBILITY ANALYSIS (STEP 1 CONTINUED). For responsive bids, Lottery must determine whether the bidder is a ‘responsible bidder.’ In determining bidder responsibility, Lottery will consider the following statutory elements:

· Bidder’s ability, capacity, and skill to perform the contract or provide the service required;

· Bidder’s character, integrity, reputation, judgment, experience, and efficiency;

· Bidder’s ability to perform the contract within the time specified;

· Bidder’s performance quality pertaining to previous contracts or services;

· Bidder’s compliance with laws relating to the contract or services;

· Whether, within the three-year period immediately preceding the date of the Competitive Solicitation, bidder has been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW; and

· Such other information as may be secured having a bearing on the decision to award the Contract.

See RCW 39.26.160(2)(a)-(g).

In addition, Lottery may consider the following:

· Financial Information: Lottery may request financial statements, credit ratings, references, record of past performance, clarification of bidder’s bid, on-site inspection of bidder's or subcontractor's facilities, or other information as necessary to determine bidder’s capacity to perform and the enforceability of bidder’s contractual commitments. Failure to respond to these requests may result in a bid being rejected as non-responsive.

· References: Lottery reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry and timeliness. Lottery also reserves the right to be its own reference. Any negative or unsatisfactory reference can be reason for rejecting a bidder as non-responsible.

3.4. PERFORMANCE REQUIREMENTS EVALUATION (STEP 2). Lottery will evaluate each bid to ensure that each bidder’s goods(s) and/or service(s) meet the specifications and/or performance requirements set forth in Exhibit B – Performance Requirements. Lottery reserves the right to request additional information or perform tests and measurements before selecting the Apparent Successful Bidder. A bidder’s failure to provide requested information to Lottery within ten (10) business days may result in disqualification.

3.5. BID PRICING EVALUATION (STEP 3). Lottery will evaluate bid pricing by reviewing and comparing the submitted bid prices provided in Exhibit C – Price Proposal.

3.6. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES (STEP 4). Lottery will apply the following Washington State procurement priorities and preferences, as set forth below, to this Competitive Solicitation

· PROCUREMENT PREFERENCE FOR EXECUTIVE ORDER 18-03 (Firms without Mandatory Individual Arbitration for Employees). Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 18-03 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), Lottery will evaluate bids for best value and will provide a bid preference in the amount of one percent (1%) to any bidder who certifies, pursuant to Exhibit A-1 – Bidder’s Certification, that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

· WASHINGTON SMALL BUSINESSES. In furtherance of Washington’s business inclusion goals, Lottery will evaluate bids for best value and will provide a bid preference in the amount of three percent (3%) to any bidder who certifies, pursuant to Exhibit A-1 – Bidder’s Certification, that bidder qualifies as a ‘Washington Small Business’ as set forth in Exhibit A-1 – Bidder’s Certification.

· CERTIFIED VETERAN-OWNED BUSINESSES. In furtherance of Washington’s business inclusion goals, Lottery will evaluate bids for best value and will provide a bid preference in the amount of three percent (3%) to any bidder who certifies, pursuant to Exhibit A-1 – Bidder’s Certification, that bidder qualifies as a Washington Department of Veterans’ Affairs Certified Veteran-Owned Business.

3.7. ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDER. Lottery will determine the Apparent Successful Bidder (ASB). The ASB will be the responsive and responsible bidder that best meets the Competitive Solicitation requirements and presents the best total value, including price, as calculated consistent with the instructions set forth in Exhibit C – Price Proposal, and other factors as set forth in this Competitive Solicitation, including any applicable state procurement priority or preference.

· Designation as an ASB does not imply that Lottery will issue an award for a Contract. Rather, this designation allows Lottery to perform further analysis and ask for additional documentation. The bidder must not construe ASB designation as an award, impending award, attempt to negotiate, etc. If a bidder acts or fails to act as a result of such notification or designation, it does so at its own risk and expense.

· Upon ASB announcement, bidders may request a debrief conference as specified in Section 5.

3.8. CONTRACT NEGOTIATIONS. Lottery may negotiate with the highest scored responsive, responsible bidder to finalize the Contract and to determine if the bid may be improved. If, after a reasonable period of time, Lottery, in its sole judgement, cannot reach agreement on acceptable Contract terms with such bidder, Lottery may suspend negotiations and undertake negotiations with the next highest scored responsive, responsible bidder as determined by the evaluations.

3.9. AWARD OF CONTRACT. Subject to protests, if any, Lottery and the ASB will enter into a Contract as set forth in Exhibit D – Contract. A contract award is made, and a contract formed, by signature of Lottery and awarded bidder on the Contract. Lottery reserves the right to award on an all-or-nothing consolidated basis. Following the award of the Contract, all bidders registered in WEBS will receive a Notice of Award delivered to the bidder’s email address provided in the bidder’s profile in WEBS.

3.10. BID INFORMATION AVAILABILITY. Upon Lottery’s announcement of ASB, all bid submissions and all bid evaluations are subject to public disclosure pursuant to Washington’s Public Records Act. See RCW 39.26.030(2).

3.11. ADDITIONAL AWARDS. Lottery reserves the right, during the resulting Contract term, to make additional Contract awards to responsive, responsible bidders who provided a bid but who were not awarded a Contract. Such awards would be on the same or substantially similar terms and conditions and would be designed to address an awarded Contractor vacancy (e.g., an awarded contractor is terminated or goes out of business) or be in the best interest of the State of Washington.

Section 4 – How to Prepare and Submit a Bid for this Competitive Solicitation

This section identifies how to prepare and submit your bid to Lottery for this Competitive Solicitation. In addition, bidders will need to review and follow the Competitive Solicitation requirements, including those set forth in the exhibits, which identify the information that bidders must provide to Lottery to constitute a responsive bid. By responding to this Competitive Solicitation and submitting a bid, bidders acknowledge having read and understood the entire Competitive Solicitation and accept all information contained within this Competitive Solicitation.

4.1. PRE-BID CONFERENCE. Lottery will host a Competitive Solicitation pre-bid conference at the time set forth in Section 1.1 of this Competitive Solicitation. Attendance is not mandatory. Bidders, however, are encouraged to attend and participate. The purpose of the pre-bid conference is to clarify the Competitive Solicitation as needed and raise any issues or concerns that bidders may have. If changes to the Competitive Solicitation are required as a result of the pre-bid conference, the Procurement Coordinator will post an amendment to this Competitive Solicitation to WEBS. Assistance for disabled, blind, or hearing-impaired persons who wish to attend the pre-bid conference is available with prior arrangement by contacting the Procurement Coordinator.

4.2. BIDDER COMMUNICATIONS REGARDING THIS COMPETITIVE SOLICITATION. During the Competitive Solicitation process, all bidder communications regarding this Competitive Solicitation must be directed to the Procurement Coordinator specified in Section 1.2 of this Competitive Solicitation. Bidders should rely only on this Competitive Solicitation and written amendments to this Competitive Solicitation issued by the Procurement Coordinator. In no event will oral communications regarding this Competitive Solicitation be binding.

· Bidders are encouraged to make any inquiry regarding the Competitive Solicitation as early in the process as possible to allow Lottery to consider and, if warranted, respond to the inquiry. If a bidder does not notify Lottery of an issue, exception, addition, or omission, Lottery may consider the matter waived by the bidder for protest purposes.

· If bidder inquiries result in changes to the Competitive Solicitation, written amendments will be issued and posted on WEBS.

· Unauthorized bidder contact regarding this Competitive Solicitation with other state employees involved with the Competitive Solicitation may result in bidder disqualification.

4.3. PRICING. Bid prices must include all cost components needed for the goods and/or services as described in this Competitive Solicitation. See Exhibit C – Price Proposal. A bidder’s failure to identify all costs in a manner consistent with the instructions in this Competitive Solicitation is sufficient grounds for disqualification.

· Inclusive Pricing: Bidders must identify and include all cost elements in their pricing. In the event that bidder is awarded a Contract, the total price for the goods and/or services shall be bidder’s price as submitted. Except as provided in the Contract, there shall be no additional costs of any kind.

4.4. BID SUBMITTAL CHECKLIST – REQUIRED BID SUBMITTALS. This section identifies the bid submittals that must be provided to Lottery to constitute a responsive bid. The submittals must be delivered as set forth below. Bids that do not include the submittals identified below may be rejected as nonresponsive. In addition, a bidder’s failure to complete any submittal as instructed may result in the bid being rejected. Bidders may not provide unsolicited materials. For any supplemental materials expressly required by Lottery in writing, bidders must identify such supplemental materials with the bidder’s name.

· EXHIBIT A-1 – BIDDER’S CERTIFICATION

This document is the Bidder’s Certification.

Complete the certification, along with any exceptions or required explanations, and submit it with the bid to Lottery.

Note: The Certification must be complete. Where there are choices, bidder must check a box. The Certification must be signed and submitted by a duly authorized representative for the bidder.

· EXHIBIT A-2 – BIDDER’S PROFILE

This document is required bidder information for Lottery’s contract administration purposes.

Complete as instructed and submit it with the bid to Lottery.

· EXHIBIT B – PRODUCT SPECIFICATIONS AND REQUIREMENTS

Bidder must confirm that bidder’s goods and/or services and/or bidder’s performance meets or exceeds the detailed specifications/qualifications set forth in Exhibit B – Performance Requirements and submit it with the bid to Lottery.

· EXHIBIT C – PRICE PROPOSAL

Bidder must complete the price worksheet tools as instructed in Exhibit C – Price Proposal and submit it with the bid to Lottery.

· EXHIBIT D-1 – CONTRACT ISSUES LIST

This document is a required submittal if bidder has business issues with the Contract attached as Exhibit D – Contract. If so, bidder must complete and submit to Lottery. Note, however, that Lottery reserves the right not to modify the Contract and to award the Contract on the basis of a bidder’s willingness to agree to the Contract.

· EXHIBIT E – DIVERSE BUSINESS INCLUSION PLAN (IF APPLICABLE)

This exhibit is required only if Bidder will be using subcontractors to perform the Contract. This exhibit outlines the inclusion plan for diverse business subcontractors pertaining to the Contract.

4.5. BID FORMAT. Bids must be complete, legible, signed, and follow all instructions stated in this Competitive Solicitation (including the exhibits). Unless otherwise specified in writing by Lottery, documents included with an electronic bid must be prepared in MS Word, MS Excel, or Adobe PDF. Where required to do so, bidders may sign using either a physical or electronic signature.

4.6. SUBMITTING BIDS. Bidder’s electronic bid must be emailed to jenna.johnson@walottery.com. Lottery’s email only can accept emails (including attachments) that total less than 30MB in size. Bidders are cautioned to keep email sizes to less than 25MB to ease delivery. Zipped files cannot be accepted.

Section 5 – Complaint, Debrief, & Protest Requirements

This section details the applicable requirements for complaints, debriefs, and protests.

5.1. COMPLAINTS. This Competitive Solicitation offers a complaint period for bidders wishing to voice objections to this Competitive Solicitation. The complaint period ends five (5) business days before the bid due date. The complaint period is an opportunity to voice objections, raise concerns, or suggest changes that were not addressed during the Question & Answer Period or, if applicable, at the Pre-Bid Conference. Failure by the bidder to raise a complaint at this stage may waive its right for later consideration. Lottery will consider all complaints but is not required to modify or cancel the Competitive Solicitation. If bidder complaints result in changes to the Competitive Solicitation, written amendments to the Competitive Solicitation will be issued and posted on WEBS.

a. CRITERIA FOR COMPLAINT. A complaint may be based only on one or more of the following grounds: (a) The Competitive Solicitation unnecessarily restricts competition; (b) The Competitive Solicitation evaluation or scoring process is unfair or flawed; or (c) The Competitive Solicitation requirements are inadequate or insufficient to prepare a response.

b. INITIATING A COMPLAINT. A complaint must: (a) Be submitted to and received by the Procurement Coordinator no less than five (5) business days prior to the deadline for bid submittal; and (b) Be in writing (see Form and Substance, and Other below). A complaint should clearly articulate the basis of the complaint and include a proposed remedy.

c. RESPONSE. When a complaint is received, the Procurement Coordinator (or designee) will consider all the facts available and respond in writing prior to the deadline for bid submittals, unless more time is needed. Lottery is required to promptly post the response to a complaint on WEBS.

d. RESPONSE IS FINAL. The Procurement Coordinator’s response to the complaint is final and not subject to administrative appeal. Issues raised in a complaint may not be raised again during the protest period. Furthermore, any issue, exception, addition, or omission not brought to the attention of the Procurement Coordinator prior to bid submittal may be deemed waived for protest purposes.

5.2. DEBRIEF CONFERENCES. A Debrief Conference is an opportunity for a bidder and Lottery, through its Procurement Coordinator, to meet and discuss the bidder’s bid (and, as further explained below, is a necessary prerequisite to filing a protest). Following the bid evaluation, Lottery will issue an ASB announcement. The ASB announcement may be made by any means, but Lottery likely will use email to the bidder’s email address provided in the Bidder’s Profile. Bidders will have three (3) business days to request a Debrief Conference, if desired. If a Debrief Conference is timely requested, Lottery will offer the requesting bidder one meeting opportunity and notify the bidder of the Debrief Conference place, date, and time. Please note, because the debrief process must occur before making an award, Lottery likely will schedule the Debrief Conference shortly after the ASB announcement and the bidder’s request for a Debrief Conference. Lottery will not allow the debrief process to delay the Contract award. Accordingly, bidders should plan for contingencies and alternate representatives. Bidders who wish to protest must first participate in a Debrief Conference. Bidders who are unwilling or unable to attend the Debrief Conference will lose the opportunity to protest. A Debrief Conference is a required prerequisite for a bidder wishing to file a protest.

a. TIMING. A Debrief Conference may be requested by a bidder following the ASB announcement.

b. PURPOSE OF DEBRIEF CONFERENCE. Any bidder who has submitted a timely bid response may request a Debrief Conference (see also Section 5.4 below). A Debrief Conference provides an opportunity for the bidder to meet with Lottery to discuss bidder’s bid and evaluation. It does not provide an opportunity to discuss other bids and evaluations.

c. REQUESTING A DEBRIEF CONFERENCE. The request for a Debrief Conference must be made in writing via email to the Procurement Coordinator and received within three (3) business days after the ASB announcement. Debrief conferences may be conducted either in person at the Lottery’s offices in Olympia, Washington, or virtually (e.g., by telephone or web-based virtual meeting such as Zoom, Skype, MS Teams), as determined by Lottery, and may be limited by Lottery to a specified period of time. A bidder’s failure to request a Debrief Conference within the specified time and attend the Debrief Conference constitutes a waiver of the right to submit a protest. Any issue, exception, addition, or omission not brought to the attention of the procurement coordinator before or during the Debrief Conference may be deemed waived for protest purposes.

5.3. PROTESTS. Following a Debrief Conference, a bidder may protest the award of a Contract.

a. CRITERIA FOR A PROTEST. A protest may be based only on one or more of the following: (a) Bias, discrimination, or conflict of interest on the part of an evaluator; (b) Error in computing evaluation scores; or (c) Non-compliance with any procedures described in the Competitive Solicitation.

b. INITIATING A PROTEST. Any bidder may protest an award to the ASB. A protest must: (a) Be submitted to and received by the Protest Officer specified below, within five (5) business days after the protesting bidder’s Debriefing Conference (see also Section 5.4 below); (b) Be in writing; (c) Include a specific and complete statement of facts forming the basis of the protest; and (d) Include a description of the relief or corrective action requested.

c. PROTEST RESPONSE. After reviewing the protest and available facts, Lottery’s Protest Officer will issue a written response within ten (10) business days from receipt of the protest, unless additional time is needed.

d. DECISION IS FINAL. The protest decision is final and not subject to administrative appeal. If the protesting bidder does not accept Lottery’s protest response, the bidder may seek relief in Thurston County Superior Court.

5.4. COMMUNICATION DURING COMPLAINTS, DEBRIEFS, AND PROTESTS. With the exception of protests, all communications about this Competitive Solicitation, including complaints and debriefs, must be addressed to the Procurement Coordinator unless otherwise directed. Protests must be addressed to the Protest Officer.

a. FORM, SUBSTANCE, & OTHER. All complaints, debrief conference requests, and protests must:

i. Be in writing;

ii. Be signed by the complaining, requesting, or protesting bidder or an authorized agent;

iii. Be delivered within the time frame(s) outlined herein;

iv. Identify the Competitive solicitation number;

v. Conspicuously state “Complaint,” “Debrief,” or “Protest” in any subject line of any correspondence or email; and

vi. Be sent to the address identified below.

b. COMPLAINTS & PROTESTS. All complaints and protests must (a) State all facts and arguments on which the complaining or protesting bidder is relying as the basis for its action; and (b) Include any relevant documentation or other supporting evidence.

5.5. HOW TO CONTACT LOTTERY.

a. TO SUBMIT A COMPLAINT. Send an email message to the Procurement Coordinator listed in this Competitive Solicitation (see Section 1.2, above). The email message must include “Complaint” in the subject line of the email message. Alternatively, mail the complaint to the Procurement Coordinator listed in this Competitive Solicitation at the following address:

Attn: Procurement Coordinator – Complaint Support Services Washington’s Lottery P.O. Box 43040 Olympia, WA 98504-3040

b. TO REQUEST A DEBRIEF CONFERENCE. Send an email message to the Procurement Coordinator listed in this Competitive Solicitation (see Section 1.2, above). The email message must include “Debrief” in the subject line of the email message.

c. TO SUBMIT A PROTEST. Send an email message to the Protest Officer at the following email address: asatterlund@walottery.com. The email message must include “Protest” and the Solicitation number in the subject line of the email message. Alternatively, mail the protest to the Protest Officer at the following address:

Attn: Alex Satterlund, Protest Officer Executive Division Washington’s Lottery P.O. Box 43000 Olympia, WA 98504-3000

Section 6 – Doing Business with the State of Washington

This section provides additional information regarding Washington’s Public Records Act and doing business with the State of Washington, including Lottery’s efforts to enable Washington’s small, diverse, and veteran-owned businesses to compete for and participate in state procurements for goods/services.

6.1. WASHINGTON’S PUBLIC RECORDS ACT – PUBLIC RECORDS DISCLOSURE REQUESTS.

· All documents (written and electronic) submitted to Lottery as part of this procurement are public records. Unless statutorily exempt from disclosure, such records are subject to disclosure if requested. See chapter 42.56 RCW, Public Records Act. Lottery strongly discourages bidders from unnecessarily submitting sensitive information (e.g., information that bidder might categorize as ‘confidential,’ ‘proprietary,’ ‘sensitive,’ ‘trade secret,’ etc.).

· If, in bidder’s judgment, Washington’s Public Records Act provides an applicable statutory exemption from disclosure for certain portions of bidder’s bid, please mark the precise portion(s) of the relevant page(s) of the bid that bidder believes are statutorily exempt from disclosure and identify the precise statutory basis for exemption from disclosure.

· In addition, if, in bidder’s judgment, certain portions of bidder’s bid are not statutorily exempt from disclosure but are sensitive because these particular portions of bidder’s bid (NOT including pricing) include highly confidential, proprietary, or trade secret information (or the equivalent) that bidder protects through the regular use of confidentiality or similar agreements and routine enforcements through court enforcement actions, please mark the precise portion(s) of the relevant page(s) of bidder’s bid that include such sensitive information.

· In the event that Lottery receives a public records disclosure request pertaining to information that bidder has submitted and marked either as (a) statutorily exempt from disclosure; or (b) sensitive, Lottery, prior to disclosure, will do the following:

· Lottery’s Public Records Officer will review any records marked by bidder as statutorily exempt from disclosure. In those situations, where the designation clearly comports with the stated statutory exemption from disclosure, Lottery will redact or withhold the document(s) as appropriate.

· For documents marked ‘sensitive’ or for documents where Lottery either determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, Lottery will notify bidder, at the address provided in the bid submittal, of the public records disclosure request and identify the date that Lottery intends to release the document(s) (including documents marked ‘sensitive’ or exempt from disclosure) to the requester unless the bidder, at bidder’s sole expense, timely obtains a court order enjoining Lottery from such disclosure. In the event bidder fails to timely obtain a court order enjoining such disclosure, Lottery will release the requested document(s) on the date specified. Bidder’s failure properly to identify exempted or sensitive information and/or timely respond after notice of request for public disclosure has been given shall be deemed a waiver by bidder of any claim that such materials are exempt or protected from disclosure.

6.2. SMALL & DIVERSE BUSINESSES. Lottery, in accordance with Washington law, encourages small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded bidders. See, e.g., chapter 39.19 RCW (OMWBE certified businesses); RCW 43.60A.200 (WDVA certified veteran-owned businesses); and RCW 39.26.005 (Washington small businesses). In support of the state’s economic goals and to support a diverse supplier pool, Lottery has established the following voluntary numerical goals for Lottery’s Competitive Solicitations:

· Ten percent (10%) Minority- and Women-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE);

· Five percent (5%) Veteran-Owned Businesses certified by the Washington State Department of Veterans Affairs (WDVA); and

· Twenty-Five percent (10%) Washington Small Businesses, as defined in RCW 39.26.010(16) and (17).

Achievement of these goals is encouraged whether directly or through subcontractors.

· OMWBE CERTIFICATION. Bidders may contact the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) regarding information on Minority-Owned and Women-Owned certified firms, state, and federal certification programs, or to become certified. OMWBE can be reached by telephone, 866-208-1064, or through their website at OMWBE. OMWBE-Certified firms may provide their certification information on Exhibit A-2 – Bidder’s Profile.

· WDVA CERTIFICATION. Bidders may contact the Washington State Department of Veterans’ Affairs (WDVA) for information regarding Certified Veteran-Owned businesses or to become a Certified Veteran-Owned Business. The WDVA can be reached by telephone, (360) 725-2169, or through their website at WDVA. The qualification requirements to be a Certified Veteran-Owned Business are set forth in Exhibit A-1 – Bidder’s Certification.

· WASHINGTON SMALL BUSINESSES. Bidders may contact Lottery about small and diverse business inclusion and qualification as a Washington Small Business. If you qualify as a Washington Small Business, identify yourself as such in WEBS. The qualification requirements to self-certify as a Washington Small Business are set forth in Exhibit A-1 – Bidder’s Certification.

6.3. WEBS REGISTRATION. Individuals and firms interested in state contracting opportunities with Lottery or any state agency should register for competitive solicitation notices at the Washington Electronic Business Solution (WEBS) WEBS Registration. Note: There is no cost to register on WEBS.

INCLUDED EXHIBITS

EXHIBIT A-1 – BIDDER’S CERTIFICATION

See attached Exhibit A-1 – Bidder’s Certification.

Note: As set forth above, bidder must complete, sign, and return the Bidder’s Certification to Lottery.

EXHIBIT A2 – BIDDER’S PROFILE

See attached Exhibit A-2 – Bidder’s Profile.

Note: As set forth above, bidder must complete and return the Bidder’s Profile to Lottery.

EXHIBIT B – PRODUCT SPECIFICATIONS AND REQUIREMENTS

See attached Exhibit B – Product Specifications and Requirements.

Note: As set forth above, bidder must complete and return Exhibit B – Product Specifications and Requirements.

EXHIBIT C – PRICE PROPOSAL

See attached Exhibit C – Price Proposal.

Note: As set forth above, bidder must complete and return Exhibit C – Price Proposal to Lottery.

EXHIBIT D – CONTRACT

See attached Exhibit D – Contract for Competitive Solicitation No. RFQQ173 – Digital Jackpot Signs.

EXHIBIT D-1 – BIDDER’S CONTRACT ISSUES LIST (IF APPLICABLE)

See attached Exhibit D-1 – Bidder’s Contract Issues List.

Note: As set forth above, bidder must complete and return Exhibit D-1 – Bidder’s Contract Issues List to Lottery if bidder has any issues with the Contract set forth as Exhibit D – Contract.

EXHIBIT E – BIDDER’S DIVERSE BUSINESS INCLUSION PLAN - SUBCONTRACTORS

See attached Exhibit E – Bidder’s Diverse Business Inclusion Plan – Subcontractors Note: As set forth above, bidder must complete and return Exhibit E – Diverse Business Inclusion Plan – Subcontractors to the Procurement Coordinator if bidder intends to utilize subcontractors if awarded a Contract.

COMPETITIVE SOLICITATION NO. RFQQ173 - DIGITAL JACKPOT SIGNS PAGE 1

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