RFQ 2204. Agent Hardware_ Amendment 2.pdf

Agent Location Hardware

RFQ LOT# 2204 Page 1 of 73

The Commonwealth of Massachusetts

Massachusetts State Lottery Commission 150 Mount Vernon Street Dorchester, MA 02125

REQUEST FOR QUALIFICATIONS

Document Title:

AGENT LOCATION HARDWARE, PARTS, AND SERVICES

New COMMBUYS Bid Number: BD-22-1062-LOT-LOTDO-71112 Original COMMBUYS Bid Number: BD-22-1062-LOT-LOTDO- 69365

MSLC Document Number: RFQ LOT # 2204

RFQ Release Date: December 20, 2021 Original RFQ Response Due Date/Time: February 3, 2022 at 10:00 AM

Rolling Enrollment Period: Open

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

Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at

COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 a.m. to 5:00 p.m. Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

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

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1 RFQ INFORMATION

1.1 SUMMARY AND PURPOSE

1.2 CALENDAR

1.3 RFQ INSTRUCTIONS

1.4 EVALUATION CRITERIA

1.5 RFQ TERMS AND CONDITIONS

1.6 COMPONENTS OF PROCURMENT

1.7 RFQ DEFINITIONS

2 PHASE ONE EVALUATION – MANDATORY RESPONSE REQUIREMENTS

2.1 Phase One Evaluation Checklist

2.2 Mandatory Bidder Requirements – Phase I Template

2.3 Mandatory Forms

3 MSLC INFORMATION

3.1 ABOUT THE MSLC

3.2 Background to this RFQ

3.3 Scope of this RFQ

3.4 Performance and Contract Specifications

4 PHASE TWO EVALUATION – TECHNICAL SPECIFICATIONS

4.1 General requirements for all hardware components in all product categories

4.2 Category I: Full Service Terminal

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4.3 Category II: Compact Terminal

4.4 Category III: Mobile Terminal

4.5 Category IV: Ticket Checker/customer interaction device

4.6 Category V: Player Activated Terminal

4.7 Category VI: Miscellaneous Equipment and/or New-to-Market Equipment

4.8 Category VII: Miscellaneous peripherals and devices

4.9 Category VIII: Parts

4.10 Category IX: Services and Repairs

1 RFQ INFORMATION

1.1 SUMMARY AND PURPOSE

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The Massachusetts State Lottery Commission (“MSLC” or “Lottery”) requests qualification statements from companies interested in providing Agent Location Hardware and associated peripherals to support the MSLC’s ongoing modernization of equipment and systems. This RFQ will also include parts and services related to the continued maintenance of Lottery owned equipment.

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

I. Full Service Terminals II. Compact Terminals

III. Mobile Terminals IV. Ticket Checkers V. Player Activated Terminals

VI. Miscellaneous Equipment and/or New-to-Market Equipment VII. Miscellaneous Peripherals and Devices

VIII. Parts IX. Services and Repairs

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

Procurement Purpose and Guiding Principles

The mission of the MSLC is to continually provide efficient and high functioning agent equipment for utilization in the field. As additional equipment is purchased the efforts to integrate and implement system hardware must adhere to the following guiding principles:

1.1.1.1 Flexibility:

The MSLC processes may be subjected to both administrative and legislative/regulatory change throughout the duration of the Contract as well as a changing face of the gaming industry in Massachusetts. MSLC is interested in solutions that ensure flexibility and enable the MSLC to adapt to new requirements with a minimum amount of effort.

1.1.1.2 Quality/Ease of Use:

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

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1.1.1.3 Information:

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

1.1.1.4 Interoperability:

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

1.1.1.5 Simplicity/Reliability:

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

1.1.1.6 Ongoing Maintenance:

It is the MSLC’s goal to retain the in-house ability to maintain and enhance all agent equipment as able. The MSLC would like to have the contractual and technical flexibility to independently maintain and repair Agent based hardware and equipment. However, the Lottery may need and/or desire the support of outside vendors in providing both parts and services related to the Lottery’s agent hardware.

1.2 CALENDAR

The following is the tentative time schedule for the MSLC’s selection of qualified Bidders under this RFQ. All dates are subject to change by the MSLC with notice on COMMBUYS.

• Issuance of RFQ December 20, 2021

• Initial Bidder Question Deadline January 7, 2022 at 11AM

• Post Answers to Bidder Questions January 14, 2022

(posted on COMMBUYS at http://commbuys.com)

• Initial RFQ Bidder Submission Deadline February 3, 2022 at 10AM

• Approximate Notification of February/March 2022 Apparent Successful Bidder(s) http://commbuys.com/

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NOTE: Questions concerning the RFQ must be submitted in writing to:

Lee C. Conroy, Procurement Manager

ATTN: RFQ LOT# 2204

E-mail Address: lotteryprocurement@masslottery.com

TIMES ARE EASTERN TIME, AS DISPLAYED ON THE COMMBUYS SYSTEM CLOCK DISPLAYED TO BIDDERS AFTER LOGGING IN. IF THERE IS A CONFLICT BETWEEN THE DATES IN THIS PROCUREMENT CALENDAR AND DATES IN THE BID’S HEADER, THE DATES IN THE BID’S HEADER ON COMMBUYS SHALL PREVAIL. BIDDERS ARE RESPONSIBLE FOR CHECKING THE BID RECORD, INCLUDING BID Q&A, ON COMMBUYS FOR PROCUREMENT

CALENDAR UPDATES.

Subsequent to the initial response deadline, this RFQ will remain open and proposals will be accepted through November 30, 2028 (open and rolling period) unless otherwise indicated. Proposals will be reviewed quarterly and awards for contracts will be made on a rolling basis throughout the open period. Questions concerning this RFQ will be accepted throughout the open period.

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

1.3 RFQ INSTRUCTIONS

Response Submission:

1.3.1.1 COMMBUYS

Bidders must submit their bids through the Commonwealth’s online procurement system, COMMBUYS (www.COMMBUYS.com). Bidders are advised to check this site regularly, as this will be the sole method used for notification of changes. Initial responses are due no later than 10AM on February 3, 2022 and must be submitted to COMMBUYS as directed.

All times in this RFQ are in prevailing Eastern Time. Responses must be received no later than the response due date and time indicated in the RFQ event calendar. Bidders must have their responses fully loaded and accepted in COMMBUYS prior to the RFQ Response Due date and time listed in the event calendar. Bidders are urged to allow sufficient time to upload their entire response.

COMMBUYS Support and Useful links:

• Job aid on how to submit a quote: https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download

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• Webcast: How to Locate and Respond to a Bid in CommBuys, which will familiarize bidders with CommBuys terminology, basic navigation, and provide guidance for locating bid opportunities in CommBuys and submitting an online quote.

• Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

o Website: Go to www.commbuys.com for Vendor Training Resources.

o Email: Send inquiries to the COMMBUYS Helpdesk at OSDHelpDesk@mass.gov o Telephone: Call the COMMBUYS Help Desk at 1-888-627-8283 or 617-720-3197. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

o Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

o A facsimile or email response will not qualify as a “submission” for deadline purposes. Facsimile and email responses will not be accepted.

o All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. The MSLC is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

o There should be no file size restrictions, however if a large file fails to upload, the Bidder must save the contents as multiple files. If a large file fails to upload, bidders must break up the file and append _Part1, _Part2 to the end of the Description and File Name.

o It is the responsibility of the prospective Bidder and awarded Bidder to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective Contract Manager, if awarded a contract, and to monitor that email inbox for communications from the MSLC, including requests for clarification. The MSLC and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Bidder’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Bidder’s computer, network or internet service provider (“ISP”) cause email communications sent to/from the prospective Bidder/Awarded Bidder and the MSLC to be lost or rejected by any means including email or spam filtering.

Bidders should be advised that only written responses from the MSLC will be binding on the MSLC, the PMT encourages the Bidder to submit written inquiries (by the required due date) in cases where a clear and binding response may be required.

https://www.youtube.com/watch?v=IG7XDNk4-U0 mailto:OSDHelpDesk@mass.gov?Subject=COMMBUYS%20Question

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1.3.1.2 Response Deadline

Point of Contact

Communications in connection with this RFQ shall be restricted until such time as Bidders are qualified. Once qualified, Bidders may communicate with MSLC regarding general issues relating to the specific industry, standards and technology. However, once an RFR is issued by the MSLC, specific questions, relating to the RFR will be subject to the terms and conditions of the RFR.

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

Lee Conroy Procurement Manager lotteryprocurement@masslottery.com

Response Provisions

When responding to this RFQ, Bidders should take note of the following provisions:

A. The MSLC reserves the right to request additional information from Bidders responding to this request. Additionally, upon reviewing the responses the Procurement Management Team (“PMT”) may decide to have Bidders make oral presentations.

B. The MSLC reserves the right to reject any and all responses to this request, to waive any minor informality in a response, and to request clarification of information from any Bidder responding.

The MSLC reserves the right to amend or cancel this RFQ at any time.

C. All responses and their contents will become the sole property of the Commonwealth/ MSLC upon receipt and will not be returned to the Bidder.

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

E. The narrative response should address all applicable items included in each section of the RFQ.

F. The MSLC reserves the right to obtain, from sources other than the Vendor, information concerning a

Vendor, the Vendor’s capabilities and the Vendor’s performance under other contracts that the MSLC deems relevant to this bid and the bidder, and to consider such information in evaluating the Vendor’s bid.

Disqualification of Responses

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

mailto:lotteryprocurement@masslottery.com

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A. Late Proposals: Proposals that are received after the rolling enrollment deadline date and time shall be automatically disqualified.

B. Non-responsive Proposals: A response that fails to meet any material term, condition, requirement or procedure of this RFQ may be deemed unresponsive and disqualified. The MSLC reserves the right to waive or permit cure of non-material errors or omissions. Non-responsive proposals shall also include, but are not limited to those responses which fail to address or meet any mandatory item.

C. Collusion: Collusion by two or more Bidders agreeing to act in a manner intended to avoid or frustrate fair and open competition is prohibited and shall be grounds for rejection or disqualification of a proposal or termination of this contract. Bidders will be required to complete a “Certificate of Non-Collusion” as one of the mandatory forms to this RFQ.

D. Debarred Bidders or Subcontractors: A Bidder, who is currently subject to any Commonwealth or federal debarment order or determination, shall not be considered for evaluation by the PMT. If a Bidder’s proposal is dependent upon the services of a named subcontractor and the disqualification of this named subcontractor would materially alter the proposal, then that proposal shall be deemed unresponsive if the named subcontractor is found to be debarred. Proposals that indicate that subcontractors will be used but do not rely on any specifically named subcontractor shall not be deemed unresponsive if the disqualification of a proposed subcontractor will not materially alter the proposal.

1.4 EVALUATION CRITERIA

Evaluation Process and Criteria

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

1.4.1.1 Phase One Evaluation:

Bidder’s Responses will be evaluated based on listed criteria, completeness of response, including mandatory attachments and compliance to submission criteria. Bids that do not comply with these requirements will be rejected and will not proceed to Phase Two Evaluation. Please be aware that if any Bidder does not meet a Phase One requirement, MSLC Staff reserves the right to allow that Bidder to cure.

1.4.1.2 Phase Two Evaluation:

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

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Awarding of Work

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

Open and Rolling Submissions

Subsequent to the initial response deadline, this RFQ will remain open and proposals will be accepted through November 30, 2028 (open and rolling period) unless otherwise indicated. Proposals will be reviewed quarterly and awards for contracts will be made on a rolling basis throughout the open period. Questions concerning this RFQ will be accepted throughout the open period.

Any future RFR’s related to this RFQ will ONLY be issued to the qualified vendors selected as a result of this RFQ.

In order to receive any future RFR related to this RFQ the vendor MUST be included in the qualified list of vendors. After the initial response deadline, Responses will/may only be reviewed on a quarterly basis.

Additional Categories

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

1.5 RFQ TERMS AND CONDITIONS

RFQ General Information

To the maximum extent possible and subject to the best interests of the MSLC, the MSLC follows the rules and regulations set forth in 801 Code of Massachusetts Regulations (“CMR”) 21.00: Procurement of Commodities and Services in this RFQ and subsequent RFRs. Words used in this RFQ shall have the meanings defined in 801 CMR 21.00. Additional definitions may also be identified in this RFQ. All terms, conditions, requirements, and procedures included in this RFQ must be met for a response to be qualified as responsive. A response that fails to meet any material term, condition, requirement or procedure of this RFQ, at the sole discretion of the MSLC, may be deemed unresponsive and disqualified. The MSLC reserves the right to waive or permit cure of non-material errors or omissions. The MSLC and/or the PMT reserves the right to modify, amend or cancel the terms of the RFQ at any time.

Unless otherwise specified, all communications, responses, and documentation regarding this RFQ must be in English, all measurements must be provided in feet, inches, and pounds, equipment must be new and of current manufacturing models and unused, and all cost proposals or figures in U.S. Currency. All responses must be submitted in accordance with the specific terms of this RFQ.

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Procurement Specifications

A. Alternatives.

A response which fails to meet any material term or condition of the RFQ, including the submission of required forms, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, Bidders are encouraged to submit responses proposing alternatives that provide equivalent, better or more cost-effective performance than achievable under the stated RFQ specifications. Such response should describe how any alternative achieves substantially equivalent or better performance to the RFQ specification. These alternatives may include related services that may be available to enhance performance during the period of the contract.

The response should describe how any alternative achieves substantially equivalent or better performance to that of the RFQ specifications. The MSLC will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this RFQ is to provide the best value of commodities and services to achieve the procurement goals of the MSLC. Bidders that propose discounts, uncharged commodities and services or other benefits in addition to the RFQ specifications may receive a preference or additional points under this RFQ as specified.

B. Best Value Selection and Negotiation.

The PMT may select the response(s) that demonstrates the “Best Value” overall including proposed alternatives that will achieve the procurement goals of the Lottery. The Lottery and selected Bidder(s) may negotiate a change in any element of performance, cost and / or deliverable pursuant to awarding of a contract, subsequent thereto if mutually agreed upon in writing, which results in lower costs or is more cost effective or is an overall better value.

C. Bidder Communication.

Bidders are prohibited from communicating directly with any employees of the MSLC, including any MSLC departments and divisions and affiliated commissions, boards, and trusts,1 or any member of the PMT regarding this RFQ and may be disqualified for doing so at the discretion of the PMT, except as specified in this RFQ, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFQ. Bidders may communicate with the contact person for this RFQ in the event this RFQ is incomplete or the Bidder is having trouble obtaining any required forms electronically through COMMBUYS (https://www.commbuys.com).

1 For purposes of this RFR, “MSLC” includes the following departments, divisions, boards, trusts, and commissions: Office of the State Treasurer and Receiver General (“Treasury”), Advisory Board to the Comptroller, State Retirement Board, Board of Bank Incorporation (Division of Banks and Loan Agencies), Water Pollution Abatement Trust (now known as the Clean Water Trust), Pension Reserves Investment Management Board, Massachusetts Convention Center Authority, Massachusetts School Building Authority, Teachers’ Retirement Board, Alcoholic Beverages Control Commission, Health Care Security Trust, Commissioners on Fireman’s, Economic Empowerment Trust Fund

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D. Brand Name or Equal.

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

E. Change in Financial Condition.

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

F. COMMBUYS Market Center.

COMMBUYS is the official source of information for this RFQ and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are all components of the RFQ, as referenced in COMMBUYS, and are incorporated into the RFQ and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this RFQ via COMMBUYS. RFQ Q&A supports Bidder submission of written questions associated with a RFQ and publication of official answers.

It is each Bidder's responsibility to check COMMBUYS for:

• Any amendments, addenda or modifications to this RFQ, and

• Any RFQ Q&A records related to this RFQ.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a response based on an out-of-date RFQ or on information received from a source other than COMMBUYS.

Bidders may not alter (manually or electronically) the RFQ language or any RFQ component files. Modifications to the body of the RFQ, its specifications, or terms and conditions, which change the intent of this RFQ are prohibited and may disqualify a response.

G. COMMBUYS Subscription.

Bidders may elect to obtain a free COMMBUYS Seller subscription which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records.

All Bidders submitting a response to this RFQ agree that, if awarded a contract: (1) they will maintain an active http://www.commbuys.com/

RFQ LOT# 2204 Page 13 of 73 seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; and (4) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (“UNSPSC”).

The COMMBUYS system introduces new terminology, which bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

H. Conflict of Interest.

Prior to an award of any contract, the Bidder shall certify in writing to the MSLC that no relationship exists between the Bidder and the MSLC that interferes with fair competition or is a conflict of interest, and no relationship exists between the Bidder and another person or organization that constitutes a conflict of interest with respect to a state contract. No official or employee of the Commonwealth who exercises any function or responsibility in the review or approval of the undertaking or carrying out of this project shall, prior to the completion of the project, voluntarily acquire any personal interest, either directly or indirectly, in this contract or proposed contract.

The Bidder shall provide assurance that it presently has no interest and shall not acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of its services hereunder.

The Bidder shall also provide assurances that no person having any such known interests shall be employed during the performance of this contract.

I. Costs.

Costs that are not specifically identified and defined in the Bidder's response, and accepted by the MSLC, will not be compensated. The MSLC is not responsible for any costs or expenses incurred by Bidders in responding to this RFQ.

J. Electronic Communication/Update of Bidder’s/Contractor’s Contact Information.

It is the responsibility of the prospective Bidder and qualified company to keep current the E-mail address of the Bidder’s contact person and/or prospective contract manager, if awarded a contract, and to monitor that E-mail inbox for communications from the PMT, including requests for clarification. The PMT and the MSLC assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated E-mail address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or

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Internet service provider (“ISP”) cause E-mail communications sent to/from the prospective Bidder/awarded Contractor and the PMT to be lost or rejected by any means including E-mail or spam filtering.

K. Environmental Response Submission Compliance.

Documents and items that cannot be submitted electronically, like confidential business references submitted by the reference, or requests for material samples, respectively, must follow all of the Quote submission requirements including Bid Opening Date/Time, Bid Package and Environmental Response Submission Compliance provisions.

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

- All copies should be printed double sided.

- All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e., paper made from raw materials other than trees, such as kenaf). To document the use of such paper, a photocopy of the ream cover/wrapper should be included with the response.

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

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

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

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

L. Estimated Provisions.

The MSLC makes no guarantee that any commodities or services will be purchased from any qualification resulting from this RFQ. Any estimates and/or past or current procurement volumes referenced in this RFQ are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

M. Freight.

Unless otherwise specified herein, all products and services shall be “FOB Destination”. The MSLC will not assume any separate freight, mileage, travel time or any other associated charges in addition to the bid price.

Any charges of this nature must be included in the bid price as requested in subsequent RFRs.

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N. Mandatories and Desirables.

Mandatory specifications in this RFQ are identified with the words "must", "shall", "will", "mandatory", or "is required". A mandatory specification is one that must be met in order for a response to be considered responsive. Any response, which fails to meet a mandatory specification of the RFQ, will be deemed non-responsive and will be disqualified. Desirable specifications are designated with the words, "is desired", "desirable", and "highly desirable". Unless there is an explicit indication to the contrary stated in this RFQ, Bidders may receive evaluation points for “desirable” goods and services.

O. News Releases.

The successful Bidder shall not issue any news releases, advertising or promotional materials pertaining to the performance of the contract without prior approval by the Executive Director of the MSLC.

P. Payments

Payment shall be made for services only after such services have been delivered and accepted by the MSLC.

Payments shall be made only in arrears. No advance payments can be made to Contractors. Payment will be made 45 days after acceptance and following receipt of invoice.

Q. Prime Contractor Responsibility.

The MSLC requires a single point of contact; Bidder acknowledges and accepts responsibility for performance of any Contract that may result from this RFQ. Subcontractors may be used, but the Bidder accepts full responsibility for the subcontractor's performance. All subcontractors must be identified by the Bidder and the Bidder must describe the type of contractual arrangement that will exist with all subcontractors. The Bidder shall be responsible for meeting all of the terms of the Contract resulting from the RFQ. Prior approval of the MSLC is required for any subcontracted service of the contract. Bidders are responsible for the satisfactory performance and adequate oversight of its subcontractors. Subcontractors are required to meet the same local, state, and federal financial and program reporting requirements and are held to the same reimbursable cost standards as successful Bidders.

R. Public Records.

All responses and information submitted in response to this RFQ are subject to the Massachusetts Public Records Law, Massachusetts General Laws (“M.G.L.”), Chapter 66, Section 10, and Chapter 4, Section 7, Subsection 26. Any statements in submitted responses that are inconsistent with these statutes will be disregarded, and all submissions will be treated as confidential until the contract is awarded, all terms are negotiated and documents are executed.

S. Reasonable Accommodation.

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

T. Restriction on the Use of the Commonwealth Seal.

Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their response package or in any subsequent marketing materials if they are awarded a contract. Use of the Coat of Arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

U. Prohibition Against Selling or Distributing Information.

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

V. Audit.

During the term of this Contract and for a period of six (6) years thereafter, the MSLC, its auditors, the Operational Services Division (“OSD”), the Office of the Inspector General (“IGO”) or other authorized representatives shall be afforded access at reasonable times to Bidder's accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Contract. If such an audit indicates that Bidder has materially overcharged the MSLC, the Bidder agrees to remit the overcharged amount and be responsible for payment of any costs associated with the audit.

W. Alterations.

Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in this RFQ. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Response.

X. Pricing.

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

RFQ LOT# 2204 Page 17 of 73 any request. If the contractor receives a GSA or Veteran’s Administration Supply contract at any time during this contract period, it must notify the Commonwealth contract manager.

Y. Ownership.

All responses and their contents submitted in response to this RFQ shall become the property of the MSLC and will not be returned to the Bidder. Bidders are cautioned that ideas, techniques, information, etc., submitted as part of the Bidders response may be used by the MSLC without separate payment to the Bidder or Sub- Contractors.

Z. Security and Confidentiality.

All materials and information provided to the Contractor by the Commonwealth or acquired by the Contractor on behalf of the MSLC shall be regarded as confidential information in accordance with Federal and State law, and ethical standards. The contractor must take all necessary steps to safeguard the confidentiality of such materials or information. The successful Bidders must comply with any and all state and federal statutory and regulatory requirements in connection with the transmittal of personally identifying information or information which may be used to identify individuals including but not limited to email and IP addresses. The successful Bidder shall comply fully with all security procedures, data security and privacy requirements herein for this Contract and of the Commonwealth and Commonwealth Agencies in performance of the contract. The Bidder shall not divulge to third parties any confidential information obtained by the successful Bidder or its agents, distributors, resellers, sub-Bidders, officers or employees in the course of performing contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency, including but not limited to any data and or information provided to received, maintained, derived, or generated by successful Bidder in the performance of configuring testing or system/data loading or conversion by successful Bidder unless expressly authorized in writing by the MSLC solely for the express purpose of accomplishing the objective for which this RFQ issues.

AA. Compliance with Standards.

Bidders shall ensure that all deliverables under agreements awarded under subsequent RFRs that shall be operated by end users adhere to the Enterprise Information Technology Accessibility Standards issued by the Commonwealth of Massachusetts or otherwise be acceptable to the MSLC. Accessibility specifications will be further outlined in subsequent RFRs posted against this RFQ. Please reference https://www.mass.gov/guides/enterprise-it-accessibility-standards for more information.

BB. Training.

https://www.mass.gov/guides/enterprise-it-accessibility-standards

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

All technical and user documentation and any additional training material delivered by Bidder under this Agreement that specify mouse commands shall also include alternative keyboard commands wherever a mouse command is specified. Any documentation delivered under this Agreement and wholly owned by the MSLC shall be in an agreed-upon editable format and be made available throughout the life of the contract.

CC. Maintenance Agreements.

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

DD. Damages; Retainage.

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

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

1.6 COMPONENTS OF PROCURMENT

Duration and Renewal Options.

The selected Bidders hereunder shall remain qualified from the date of qualification through February 28, 2029 (“Qualification Period”) and will be eligible to participate in any RFR’s issued pursuant to this RFQ as determined by the MSLC to expeditiously fulfill its needs from time to time. Subsequent to the initial response deadline of February 3, 2022, this RFQ will remain open and proposals will be accepted through November 30, 2028, unless otherwise provided in writing which will be posted on COMMBUYS. Proposals will be reviewed quarterly and awards for contracts will be made on a rolling basis throughout the open period.

The MSLC, from time to time, may review and assess its needs in connection with the provision of services during the open enrollment period and/or contract term, and reserves the right to amend the scope to reflect the needs and best value for MSLC. The MSLC and successful Bidders may mutually agree to add additional services if in MSLC, sole discretion, determines such need should arise to accomplish the objectives stated herein.

Acquisition Method.

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

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Single or Multiple Contracts.

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

The Bidder must agree to cooperate with such other Bidders, and must not commit or permit any act that may interfere with the performance of work by any other Bidder.

Contract Guidelines.

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

Anticipated Expenditures, Funding or Compensation for Expected Duration.

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

The MSLC will not be responsible for price increases due to market fluctuations or product availability.

Contract Performance and Business Specifications

A. Evaluation and Selection of Contractor.

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

B. Change in Terms.

The MSLC reserves the right to change, and/or amend the specifications identified in the RFQ at any time prior to the closing date. The MSLC reserves the right to negotiate with the selected Bidder(s) as to any element of cost or performance, including without limitation, elements identified in the RFQ and/or the selected Bidder’s response in order to achieve the best value for the Commonwealth. The MSLC reserves the right to procure some, all, or none of the services specified in this RFQ.

C. Contract Negotiation and Amendments.

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The MSLC may negotiate changes to the specifications requirements, performance, measures, quantities, and/or term length provided in this RFQ at any time, provided that such changes are consistent with the scope of this RFQ, as may be amended. The MSLC may negotiate additional terms and/or execute contract amendments with the awarded Bidder(s), which the MSLC reasonably determines are within the scope of this RFQ and necessary to accomplish the purpose for which this RFQ was issued and/or may result in best value to the Commonwealth.

D. Termination or Suspension.

Once retained, a vendor’s service, or a portion thereof, may be terminated or suspended from the MSLC’s contract for poor performance, failure to perform, fraud or other cause, including MSLC’s sole determination of performance, at any time without prior notice. The MSLC may terminate vendors from the contract without cause with sixty (60) day prior written notice.

E. Permits and Compliance.

The vendor shall procure and pay for all permits, licenses and approvals necessary to perform the services solicited in this RFQ. The Bidder shall comply with all applicable laws, ordinances, rules, orders and regulations related to the deliverables and/or performance of the services solicited. The MSLC may, at its option, request documentation evidencing the vendor’s compliance.

F. Rejection of Proposals.

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

G. Fees Subject to MSLC Signatory Authorization.

All fees must be approved by the Executive Director or his designee and are subject to verification of performance.

H. Confidentiality Policy Regarding Bidder’s Support Staff and/or Vendors.

The MSLC may require Bidders’ support staff or outside vendors to sign a confidentiality agreement for the confidential information they will have or have access to.

I. Concurrent Contracts Running (Renewals and Transitions).

The MSLC shall cancel the contract if funds are not appropriated or otherwise made available to support continuation of performance in any fiscal year succeeding the first year, in the sole determination of the MSLC, if awarded Bidder’s performance fails to meet contract requirements. The MSLC reserves the right, in its sole discretion to exercise its option to renew, which will not be subject to contractor acceptance or agreement. Any assistance required for this transition must be provided in a smooth and timely manner. If at any time the

RFQ LOT# 2204 Page 21 of 73 contract is canceled, terminated or expires, and a contract is subsequently executed with a firm other than the contractor, the contractor has the affirmative obligation to assist in the smooth transition of contract services to the subsequent contractor.

J. Subcontracting Policies

Prior approval of the MSLC is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Subcontractors are required to meet the same state and federal financial and program reporting requirements, and payment for services will be made directly by the Vendor to the subcontractor.

K. Contract Expansion

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

L. Minimum Bid Duration

Responses must remain in effect for the duration of the Qualification Period unless either the Bidder withdraws the response in writing or the procurement is canceled, whichever occurs first. If the Bidder withdraws the response in writing, the response will remain in effect for any previously executed contracts resulting from an RFR issued pursuant to this RFQ.

M. Price Limitation.

The Bidder must agree that no other state or public entity customer within the Commonwealth of Massachusetts of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the MSLC. Upon request by MSLC, the Bidder must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the contract period in the absence of proprietary information being part of such contracts.

N. Submission of Proposal Materials and Oral Presentation.

All materials, representations and submissions made within the proposal and at the oral presentation (if applicable) are subject to becoming part of the contract binding the selected Bidder to uphold the materials, representations and submissions made by the selected Bidder within the proposal and at the oral presentations.

O. Fiduciary Status of the Bidder/Firm; Chapter 268A.

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With respect to the performance of its duties and responsibilities hereunder, if awarded the contract, the Bidder/Firm acknowledges that it is a fiduciary, and that the Bidder/Firm will discharge its duties and responsibilities under this Agreement in accordance with the fiduciary standards of conduct and other requirements as they apply to the Bidder. The Bidder in submitting a response acknowledges and agrees to be subject to Massachusetts General Laws, Chapter 268A (the Massachusetts "Conflict of Interest" statute), and is required to act and perform its duties in accordance with such provisions.

P. Security Breach Law, M.G.L. c. 93H.

The Bidder hereby acknowledges and agrees to comply with the requirements and responsibilities, including those of providing notice and response, as set forth in G.L. c. 93H concerning Security Breaches and any regulations implemented to effectuate security of “personal information” as defined in § 1 of G.L. c. 93H.

Qualified Bidders must agree to protect the information, documents, materials (hard copy or digital) and selected Bidders shall provide the same standards of care or better from disclosure as it would its own information, documents and or materials.

Q. Failure to Agree to the Terms and Condition

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

R. Ethics in Public Contracting

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