RFR 2005. Acrylic Dispensers and Displays~1.pdf

The Commonwealth of Massachusetts

Massachusetts State Lottery Commission

150 Mount Vernon St., Dorchester, MA 02125

REQUEST FOR RESPONSE

Document Title:

Acrylic Dispensers and Displays

COMMBUYS Bid Number: BD-20-1062-LOT-BRLOT-45616

MSLC Document Number: RFR LOT # 2005

RFR Release Date: November 21, 2019

RFR Response Due Date/Time: January 7, 2020 at 3:00 PM

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

Plastic Dispensers

RFR LOT# 2005 Page 1 of 33

Contents

1 REQUEST FOR RESPONSE INFORMATION

1.1 SUMMARY AND PURPOSE

1.2 RFR CALENDAR/TIMELINE

1.3 RFR INSTRUCTIONS

1.3.1 Response Submission:

1.3.2 Response Format:

1.3.3 Cost Proposal:

1.3.4 Response Provisions:

1.3.5 Disqualification of Responses:

1.4 RFR EVALUATION PROCESS

1.4.1 Evaluation Process:

1.5 ORAL PRESENTATIONS / INTERVIEWS

1.6 RFR TERMS AND CONDITIONS

1.6.1 RFR General Information

1.6.2 Procurement Specifications

1.7 COMPONENTS OF PROCUREMENT

1.7.1 Duration and Renewal Options

1.7.2 Acquisition Method

1.7.3 Single or Multiple Contracts

1.7.4 Contract Guidelines

1.7.5 Contract Performance and Additional Business Specifications

RFR LOT# 2005 Page 2 of 33

2 PHASE ONE REQUIREMENTS

2.1 MINIMUM QUALIFICATIONS

2.2 LEGAL AND OTHER REQUIREMENTS

2.3 DISCLOSURE STATEMENT

2.4 MANDATORY FORMS AND ENCLOSURES

2.5 COST PROPOSAL

3 PHASE II REQUIREMENTS

3.1 GENERAL SPECIFICATIONS

3.1.1 Colors

3.1.2 Warranties

3.2 Sample Instant Tickets

3.3 Technical Specifications – Current Dispensers

3.3.1 Specification I - Single Unit Acrylic Dispensers

3.3.2 Specification II – Ten (10) and Twenty (20) Game Acrylic Dispensers

3.3.3 Specification III – KENO Table Tent Double Display Unit

3.3.4 Specification IV – New Concept – Single Acrylic Dispensers

3.3.5 Specification V – Pull Tab Dispenser/Display Unit

3.3.6 Table Top Bet Slip Dispensers

3.4 Samples

3.5 Alternative Designs

3.5.1 Alternative Designs - Samples

4 Inventory Management Requirements: Cadence

RFR LOT# 2005 Page 3 of 33

4.1 Individual Packaging requirements:

4.2 Serial Number Tag Requirements:

4.3 Pallet Packaging Requirements:

4.4 Load Tag Labels Provided By the Vendor

4.5 Pallet Requirements

5 ATTACHMENTS

RFR LOT# 2005 Page 4 of 33

1 REQUEST FOR RESPONSE INFORMATION

1.1 SUMMARY AND PURPOSE

The Massachusetts State Lottery Commission (MSLC) intends to purchase or enter into an agreement to obtain plastic dispensers and displays. These dispensers will be located at Lottery

Sales Agent establishments throughout the Commonwealth to display tickets and allow for the ease of dispensing tickets for purchase.

1.2 RFR CALENDAR/TIMELINE

The following is the tentative time schedule for the MSLC’s selection of qualified Bidders under this

RFR. All dates are subject to change by the MSLC with notice on COMMBUYS.

Issuance of RFR November 21, 2019

Bidder Question Deadline December 2, 2019 at 5PM

Post Answers to Bidder Questions December 9, 2019

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

RFR Bidder Submission Deadline January 7, 2020 at 3PM

Approximate Notification of TBD Apparent Successful Bidder

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

Lee Conroy, Procurement Manager

ATTN: RFR LOT# 2005

E-mail Address: lotteryprocurement@masslottery.com

Contact with any other Lottery employee is expressly prohibited.

1.3 RFR INSTRUCTIONS

1.3.1 Response Submission:

The original, three (3) copies and two (2) USB sticks (or equivalent USB storage device) of the

Bidder’s responses and attachments must be delivered in the same sealed package no later than

January 7, 2020 at 3PM EDT.

THE COST PROPOSAL(S) MAY BE SUBMITTED IN THE SAME PACKAGE AS THE REST OF THE RESPONSE, BUT MUST BE SUBMITTED UNDER SEPARATE COVER IN A SEPARATE SEALED ENVELOPE LABELED

“COST PROPOSAL – RFR LOT# 2005”. DO NOT INCLUDE ANY COST PROPOSALS ON THE MEMORY

STICKS OR WITHIN THE ORIGINAL PROPOSAL SUBMISSION. FAILURE TO MEET THIS REQUIREMENT

MAY RESULT IN DISQUALIFICATION OF THE BID.

Responses and attachments received after this deadline date and time will not be evaluated. A facsimile or email response will not qualify as a “submission” for deadline purposes in advance of or http://commbuys.com/

RFR LOT# 2005 Page 5 of 33 in lieu of a hard copy submission. Facsimile and email responses will not be accepted.

Responses and attachments should be delivered to:

Lee Conroy, Procurement Manager Massachusetts State Lottery Commission

ATTN: RFR LOT# 2005

150 Mount Vernon Street

Suite 300 Dorchester, Massachusetts 02125

1.3.2 Response Format:

Failure to follow these requirements may result in the disqualification of the Bidder’s response.

Bidders are required to use the Response Templates which can be downloaded from COMMBUYS.

Required elements of a valid proposal response incorporate the following:

(a) Cover Letter

(b) Statement of Minimum Qualifications

(c) Representations and Warranties

(d) Legal and Other Requirements

(e) Disclosure Statement

(f) Mandatory Forms and Enclosures

(g) Specifications Narrative

(h) Cost Response(s) (Separate envelopes)

NO COST INFORMATION SHALL BE INCLUDED ANYWHERE IN THE RESPONSE EXCEPT IN A

SEPARATE SEALED ENVELOPE.

1.3.3 Cost Proposal:

THE COST PROPOSAL(S) MAY BE SUBMITTED IN THE SAME PACKAGE AS THE REST OF THE RESPONSE, BUT MUST BE SUBMITTED UNDER SEPARATE COVER IN A SEPARATE SEALED ENVELOPE LABELED

“COST PROPOSAL – RFR LOT# 2005”. FAILURE TO MEET THIS REQUIREMENT MAY RESULT IN

DISQUALIFICATION OF THE BID. PLEASE ALSO NOTE THAT THE COST PROPOSAL MUST HAVE AN

ORIGINAL SIGNATURE BY A PERSON AUTHORIZED TO BIND THE FIRM WITH RESPECT TO THIS RFR.

1.3.4 Response Provisions:

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

1.3.4.1 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.

1.3.4.2 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 RFR at any time.

1.3.4.3 All responses and their contents will become the sole property of the Commonwealth/

MSLC upon receipt and will not be returned to the Bidder.

RFR LOT# 2005 Page 6 of 33

1.3.4.4 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.

1.3.4.5 The narrative response should address all items included in each section of the RFR

1.3.5 Disqualification of Responses:

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

1.3.5.2 Non-responsive Proposals: A response that fails to meet any material term, condition, requirement or procedure of this RFR 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.

1.3.5.3 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 RFR.

1.3.5.4 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 RFR EVALUATION PROCESS

1.4.1 Evaluation Process:

The RFR Evaluation Process will be conducted in three phases. A review team, comprised of members from the PMT, will complete the Phase I Review for all proposal submissions. The purpose of the Phase I Review is to eliminate any bids that are non-responsive to the requirements of the

RFR. Bids that are deemed to be qualified based on the Phase I Review will be submitted to the PMT for additional review. The PMT will consist of staff from the MSLC. The PMT will make recommendations to the Executive Director who then makes a recommendation to the

Commissioners of the MSLC who will accept or reject the recommendation. (Phase I, Phase II and

Phase III of this RFR will be evaluated separately.)

1.4.1.1 Phase I Review:

Bidders’ responses will be reviewed based on listed criteria and completeness of response, including

RFR LOT# 2005 Page 7 of 33 mandatory forms and compliance to submission criteria. Bids that do not comply with these components will be rejected and will not proceed to the Phase II Review. The MSLC reserves the right to waive or permit cure of non-material errors or omissions.

1.4.1.2 Phase II Review:

Qualified bids, based on the Phase I Review, will be considered for additional review in Phase II by the PMT. The Phase II Review may also include any oral presentation/interview as may be requested by the PMT; the PMT may adjust a Bidder’s score based on any clarification of the Bidder’s response at any such oral presentation/interview.

1.4.1.3 Phase III Review:

Cost will be evaluated in relationship to the Phase II Review and scoring of Bidders' responses. The successful bid will be determined based on the one that represents the "best value" overall and achieves the procurement goals.

1.5 ORAL PRESENTATIONS / INTERVIEWS

The PMT shall have the option to invite any or all of the Bidders to make oral presentations/come in for interviews. Oral presentations/interviews provide the PMT with an opportunity to evaluate the

Bidder through the presentation of their proposal. The decision to engage in oral interviews will solely be in the purview of the PMT. It will be within the full discretion of the PMT to determine the

Bidders to move onto the oral presentations /interviews. If the decision is made to request oral presentations/interviews, then only Bidders that receive an invitation to participate in oral presentations/interviews will proceed to cost evaluation and Phase III. Bidders that do not receive an invitation to oral interviews will be eliminated from further consideration under this RFR. Bidders will not be informed of their rank at the time of the oral presentation/interview.

The time allotments and the format shall be the same for all oral presentations/interviews. The PMT may waive the location and medium requirements of an oral presentation/interview upon the written request of a Bidder due to special hardships, such as a Bidder with disabilities or limited resources. In these circumstances the PMT may conduct oral presentations through an alternative written or electronic medium (e.g., telephone, videoconference, TTY or Internet).

A Bidder is limited to the presentation of material contained in its proposal, with the limited exception that a Bidder may incorporate information relating to and which address specific questions posed by the PMT. Any other correction or modification of the proposal or the presentation of supplemental information shall not be permitted. A Bidder’s attempt to submit such corrections, modifications or supplemental information during an oral presentation/interview may subject the Bidder’s proposal to disqualification. A Bidder’s failure to agree to an oral presentation/interview may result in disqualification from further consideration. Oral presentations may be recorded by the MSLC as a matter of public record.

On-Site Visits (Optional). The PMT reserves the right to conduct on-site inspections of any or all

Bidder locations at any time prior to the awarding of this contract to verify the Bidder’s ability to perform the services required. The PMT shall schedule the time of these site visits and shall provide notice of at least three (3) business days before a visit. Failure to agree to a site visit may result in disqualification of a Bidder’s proposal. Only those firms that were evaluated in Phase II and were invited for an oral presentation / interview will be the subject of an on-site inspection, in the event

RFR LOT# 2005 Page 8 of 33 the PMT elects to conduct such an on-site inspection.

1.6 RFR TERMS AND CONDITIONS

1.6.1 RFR 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 RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions may also be identified in this RFR. All terms, conditions, requirements, and procedures included in this RFR 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 RFR, 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

RFR at any time.

Unless otherwise specified, all communications, responses, and documentation regarding this RFR 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 RFR.

1.6.2 Procurement Specifications

1.6.2.1 Alternatives.

A response which fails to meet any material term or condition of the RFR, 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 RFR specifications. Such response should describe how any alternative achieves substantially equivalent or better performance to the RFR 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

RFR specifications. The MSLC will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this RFR 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 RFR specifications may receive a preference or additional points under this RFR as specified.

1.6.2.2 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.

1.6.2.3 Bidder Communication.

Bidders are prohibited from communicating directly with any employees of the MSLC, including any

RFR LOT# 2005 Page 9 of 33

MSLC departments and divisions and affiliated commissions, boards, and trusts,1 or any member of the PMT regarding this RFR and may be disqualified for doing so at the discretion of the PMT, except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR.

Bidders may communicate with the contact person for this RFR in the event this RFR is incomplete or the Bidder is having trouble obtaining any required forms electronically through COMMBUYS

(https://www.commbuys.com).

1.6.2.4 Brand Name or Equal.

Unless otherwise specified in this RFR, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFR 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.

1.6.2.5 Change in Financial Condition.

Bidders shall be required to immediately inform the Executive Director 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.

1.6.2.6 COMMBUYS Market Center.

COMMBUYS is the official source of information for this RFR 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 RFR, as referenced in COMMBUYS, and are incorporated into the RFR and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this RFR via COMMBUYS.

RFR Q&A supports Bidder submission of written questions associated with a RFR and publication of official answers.

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

Any amendments, addenda or modifications to this RFR, and

Any RFR Q&A records related to this RFR.

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

COMMBUYS.

Bidders may not alter (manually or electronically) the RFR language or any RFR component files.

Modifications to the body of the RFR, its specifications, or terms and conditions, which change the

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, Mass Cannabis Control Commission http://www.commbuys.com/

RFR LOT# 2005 Page 10 of 33 intent of this RFR are prohibited and may disqualify a response.

1.6.2.7 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 RFR agree that, if awarded a contract: (1) they will maintain an active 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.

1.6.2.8 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.

1.6.2.9 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 RFR.

1.6.2.10 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 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.

RFR LOT# 2005 Page 11 of 33

1.6.2.11 Environmental Response Submission Compliance.

In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all responses 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, diskettes, 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.

1.6.2.12 Estimated Provisions.

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

1.6.2.13 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.

1.6.2.14 Mandatories and Desirables.

Mandatory specifications in this RFR 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 RFR, 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 RFR, Bidders may receive evaluation points for

“desirable” goods and services.

1.6.2.15 Minimum Bid Duration.

Bidder must certify in their response that the submitted response, including costs, will remain in effect for 150 days from the date of bid submission until either the Bidder withdraws the response in writing, a contract is executed or the procurement is canceled, whichever occurs first.

RFR LOT# 2005 Page 12 of 33

1.6.2.16 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

1.6.2.17 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.

1.6.2.18 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 department 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 state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as successful Bidders.

1.6.2.19 Public Records.

All responses and information submitted in response to this RFR 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.

1.6.2.20 Reasonable Accommodation.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the RFR 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 RFR. The PMT reserves the right to reject unreasonable requests.

1.6.2.21 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.

1.6.2.22 Prohibition Against Selling or Distributing Information.

Any Bidder awarded a contract under this RFR 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.

RFR LOT# 2005 Page 13 of 33

1.7 COMPONENTS OF PROCUREMENT

1.7.1 Duration and Renewal Options.

The MSLC intends to enter into a three (3) year contract with the selected Bidder(s) for the purchase of products outlined in this RFR. The MSLC may, at its option, extend the contract for two (2) additional one year period(s) for a maximum contract term not exceeding five (5) years, under the same or better terms and conditions as negotiated if deemed in the best interest of the MSLC.

Bidders who offer price guarantees for the life of the contract will be held to that offer or such better terms as may be negotiated and agreed upon by and between the MSLC and the selected

Bidder.

1.7.2 Acquisition Method.

Outright Purchase License Fee for Service Tax-exempt Lease Purchase

Term Lease Lease Purchase Rental (not to exceed 6 months) Other (specify)

1.7.3 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. 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.

1.7.4 Contract Guidelines.

It is the intent of this contract that the MSLC is the only user.

1.7.5 Contract Performance and Additional Business Specifications.

1.7.5.1 Evaluation and Selection of Contractor.

The MSLC shall have sole authority to evaluate and make the final selection of Bidder(s) for contract negotiation(s) pursuant to this RFR. The selection will be made after evaluation of both technical

(Phase I & II) and cost proposals (Phase III) by the PMT and final approval by the Commissioners of the MSLC.

1.7.5.2 Change in Terms.

The MSLC reserves the right to change, and/or amend the specifications identified in the RFR 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

RFR 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 RFR.

1.7.5.3 Termination or Suspension.

Once retained, a vendor’s service 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. Vendors may be terminated from the contract without cause with sixty (60) day prior written notice. The vendor may not terminate the contract or performance except upon a minimum of 150 days written notice to the MSLC.

RFR LOT# 2005 Page 14 of 33

1.7.5.4 Permits and Compliance.

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

1.7.5.5 Rejection of Proposals.

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

1.7.5.6 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.

1.7.5.7 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.

1.7.5.8 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.

Any assistance required for this transition must be provided in a smooth and timely manner. If at any time the 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.

1.7.5.9 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.

1.7.5.10 Submission of Proposal Materials and Oral Presentation.

All materials, representations and submissions made within the proposal and at the oral presentation 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.

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

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.

RFR LOT# 2005 Page 15 of 33

1.7.5.12 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.

2 PHASE ONE REQUIREMENTS

Compliance with all criteria listed below is mandatory in order for a bid to be accepted for further review. Lack of compliance with the Phase One criteria will automatically disqualify the Bidder.

Phase One of Bidder’s response should demonstrate compliance with each of the conditions qualifying an institution to propose as outlined below.

2.1 MINIMUM QUALIFICATIONS

Bidders submitting Proposals must meet the following minimum qualifications to be given further consideration. Failure of a Bidder to meet the minimum qualifications applicable to this RFR will result in immediate rejection. The Bidder’s response to each minimum qualification component should be “yes” or “no” followed by a detailed statement of explanation. Please be advised that

Bidders are requested to specifically describe how the Bidder meets each of these minimum qualifications.

- Bidder must have been in a business similar to that described in this RFR for a minimum of three (3) years within the industry and have the demonstrated experience and capacity to handle the requirements herein.

- Bidder must design, engineer, and produce all its own products.

- Deliveries must be fulfilled in 10 weeks or less from order receipt.

2.2 LEGAL AND OTHER REQUIREMENTS

Subject to the following legal and contract requirements, all bidders must certify and/ or provide in their response to the following:

1. As required in Phase I Response Template pp. 8-9

2. Compliance with standards: Bidder shall ensure that all deliverables adhere and comply with industry standards;

3. Security and Confidentiality: Bidder shall hold in strictest confidence any information and material which is related to MSLC other than that information which is now in the public domain through no fault of the bidder, prior disclosure received by 3rd party, subsequent lawful disclosure or obligated to be produced by order of court of competent jurisdiction.

2.3 DISCLOSURE STATEMENT

As required in Phase I Response Template pp. 10-12

2.4 MANDATORY FORMS AND ENCLOSURES

Phase I of the Bidder’s response shall include the completed mandatory forms listed in the Phase I

RFR LOT# 2005 Page 16 of 33

Response Template pp. 13 –20. The Phase I Response Template and the subject forms can be found on COMMBUYS with this RFR. All mandatory forms and enclosures must be signed by an individual having authority to bind the bidding company and the “originals” should have an original signature in blue ink. Furthermore, the signatory must be listed on the Contractor Authorized Signatory Listing form provided in the RFR Response Template.

2.5 COST PROPOSAL

The original (including a handwritten signature using blue ink) and one (1) copy of the cost proposal must be placed in a separate, sealed envelope, clearly identified on the outside as “Cost Proposal –

RFR LOT# 2005 submitted by (COMPANY NAME)”.

3 PHASE II REQUIREMENTS

3.1 GENERAL SPECIFICATIONS

The specifications below describe the acrylic dispensers and display units presently used by the

MSLC. It is the goal of the MSLC in this solicitation to purchase additional units per the guidelines and dimensions specified in this RFR document that are equal to or better in quality than those units presently being used. The MSLC is also seeking new concepts and designs for the dispensers and displays.

A sample of the existing dispensers and displays will be available for Bidders to inspect. Please contact Lotteryprocurement@masslottery.com to set an appointment to review the samples.

Samples will be available during normal business hours, 9:00AM to 4:00PM, Monday through Friday from December 2, 2019 through December 6, 2019 at:

Massachusetts State Lottery Commission 60 Columbian Street Braintree, Massachusetts 02184

3.1.1 Colors

All acrylic dispenser(s) must be made only of transparent materials.

3.1.2 Warranties

All Bidders must provide a warranty of at least ten (10) years on non-yellowing of the acrylic materials used for the all the dispensers/displays required in this RFR. The warranty would be in effect for ten

(10) years from the date of delivery of that item as determined from the records of the MSLC and the Bidder.

All Bidders must provide an unconditional warranty of at least five (5) years on the workmanship and material for all goods delivered to the MSLC under this RFR. The warranty would be in effect for five

(5) years from the date of delivery as determined from the records of the MSLC and the Bidder.

3.2 Sample Instant Tickets

Below are the ticket dimensions the MSLC currently uses. It is mandatory that all of the MSLC’s Instant Ticket acrylic dispensers allow for the book sizes listed below to be easily dispensed without being bent or altered in any way. The MSLC shall provide (1) voided book of any Instant Ticket size listed below upon request.

mailto:Lotteryprocurement@masslottery.com

RFR LOT# 2005 Page 17 of 33

Sample Instant Tickets:

Ticket size of 2.5” x 4.0” in continuous form books of three hundred (300) tickets folded in one hundred (100) strips of three (3) tickets each.

Ticket size of 4.0” x 4.0” in continuous form books of three hundred (300) tickets folded in one hundred fifty (150) strips of two (2) tickets each.

Ticket size of 4.0” x 6.0” in continuous form books of one hundred fifty (150) tickets with each ticket representing its own strip.

Ticket size of 4.0” x 8.0” in continuous form books of one hundred (100) tickets with each ticket representing its own strip.

Ticket size of 4.0” x 9.0” in continuous form books of one hundred (100) tickets with each representing its own strip.

Ticket size of 4.0” x 9.0” in continuous form books of fifty (50) tickets with each representing its own strip.

Ticket size of 4.0” x 10.0” in continuous form books of one hundred (100) tickets with each representing its own strip.

Ticket size of 4.0” x 10.0” in continuous form books of fifty (50) tickets with each representing its own strip.

Ticket size of 4.0” x 10.0” in continuous form books of twenty five (25) tickets with each representing its own strip.

Ticket size of 4.0” x 12.0” in continuous form books of one hundred (100) tickets with each representing its own strip.

Ticket size of 4.0” x 12.0” in continuous form books of fifty (50) tickets with each representing its own strip.

Ticket size of 4.0” x 12.0” in continuous form books of twenty five (25) tickets with each representing its own strip.

Ticket size of 8.0” x 10.0” in continuous form books of fifty (50) tickets with each representing its own strip.

Ticket size of 8.0” x 10.0” in continuous form books of twenty five (25) with each representing its own strip.

See Attachment U for Fanfold Configuration example.

RFR LOT# 2005 Page 18 of 33

The resulting books measure approximately as follows:

Ticket Width Length Thickness

(12 pt)

2.5” x 4” Tickets (300 per book) 4.0” 9.0” 1.50"

4” x 4” Tickets (300 per book) 4.0” 8.0” 2.25"

4” x 6” Tickets (150 per book) 4.0” 6.0” 2.25"

4” x 8” Tickets (100 per book) 4.0” 8.0” 1.50"

4” x 9” Tickets (100 per book) 4.0” 9.0” 1.50"

4” x 9” Tickets (50 per book) 4.0” 9.0” 0.75"

4” x 10” Tickets (100 per book) 4.0” 10.0” 1.50"

4” x 10” Tickets (50 per book) 4.0” 10.0” 0.75"

4” x 10” Tickets (25 per book) 4.0” 10.0” 0.375"

4” x 12” Tickets (100 per book) 4.0” 12.0" 1.50"

4” x 12” Tickets (50 per book) 4.0” 12.0" 0.75"

4” x 12” Tickets (25 per book) 4.0” 12.0" 0.375"

8” x 10” Tickets (50 per book) 8.0" 10.0” 0.75"

8” x 10” Tickets (25 per book) 8.0" 10.0” 0.375"

3.3 Technical Specifications – Current Dispensers

3.3.1 Specification I - Single Unit Acrylic Dispensers

The following specifications provided as a guideline to ensure each dispenser maximizes space and efficiency.

The single unit acrylic dispensers should be produced so that they can be mounted on pegboard or wall mounted, and must be capable of dispensing tickets under both of these conditions. The metal screws necessary for mounting conditions must be included in each individual pack. Units utilizing mounting plates for one (1) game must be available as are currently used by the MSLC. Suitable holes shall be put in the mounting plates to correspond with holes in the body of the tickets.

The acrylic dispenser should be made of materials as specified below. The entire body should be constructed of no less than .220 inches cell cast acrylic sheet with the following minimum industry standards (Please see the photo Attachment M for specifics):

A. Industry specifications ASTM D702 Type II grade 3 general purpose sheet and/or Type III grade 3 general purpose sheet must be used.

B. Federal specification L-P-391, Type I grade C general purpose sheet should be used.

C. Light transmittance on all clear acrylic used on the Instant Ticket acrylic dispenser s must be at least 92%. The fronts, backs, tops, and doors should be constructed of no less than .118 inches acrylic clear colorless for the clear units. The ticket slide on all units should be constructed of no less than 09” clear colorless acrylic.

D. The Single Ticket acrylic dispenser should have acrylic sheet measuring 4.25” x 1”, affixed to the front, 1” from the bottom of the unit.

RFR LOT# 2005 Page 19 of 33

E. A second 4.25” x 1” affixed to the outside bottom 1” down in front, flush with the cover must be used.

F. The ticket transport roller must be constructed of up to .625” (outside diameter) clear acrylic tubing.

G. Ticket roller bearings should be constructed of Nylon Zytel 101 mold or materials of equivalent quality. (Applies only to the single units, each unit should include a spare set of bearings).

H. Snap fasteners (bearing retainer) should be constructed of no less than Nylon Zytel mold grade or materials of equivalent or better quality.

I. Currently the MSLC is utilizing a secure cam lock – Camlock #437N090E, ES Corp., all are keyed alike to CH751 with one key per lock. Stainless steel scalps on shell and olive dichromate plating.

In the locked position the cam protrudes slightly through an opening in the acrylic. The key removable only in locked positon. The MSLC is also seeking a more cost effective solution to secure the removable face plate. Bidder may supply an alternative to the key system currently used and priced in this manner. Any such alternative must be completely described by the Bidder, including details as to the design and materials. Please note: Do not put any cost related information in the main portion of the Quote/Response. All cost related information, either direct, or that can be derived, must only be in the cost proposal portion of the Quote/Response.

J. Mounting plates must be made of material at least equal in durability, strength and aesthetic appeal as that currently being used on existing MSLC Instant Ticket acrylic dispensers (i.e. 3/16” White Hi-impact prime Coextruded #752 Forming Grade Styrene). Suitable Holes shall be put in the mounting plate to correspond with mounting holes in the body of the ticket Instant Ticket acrylic dispensers. The plates must measure 3.875” wide by 12” long for the one (1) game unit.

Dimensions and construction The physical dimensions of units supplied under a contract resulting from this RFR must be the same as the samples submitted.

Single Game Unit (One (1) book of three hundred (300) tickets, one hundred fifty (150) tickets, one hundred (100) tickets, or fifty (50) tickets).

The outside dimensions on this unit must be:

i. Height: 11” to plexiglass – 12” to mount

ii. Width: 4 3/4” max

iii. Depth: 5 1/4” max

iv. Protective Material

v. Velcro strip on lower inside 4.25” x 1” sheet opening through which tickets are dispensed. (This material protects the tickets as they are dispensed and prevents tickets from sliding back into the dispenser unit).

vi. A second 4.25” x 1” affixed to the outside bottom 1” down in front, flush with the cover must be used.

Please see the photo Attachment M for specifics.

This material must be at least equal in quality and performance to that used on the current MSLC acrylic dispensing units and must be designed to last for the life expectancy of the acrylic dispensing unit.

The delivery estimates given below are meant only as a rough guideline and are not guaranteed. The current estimates of the Instant Ticket acrylic dispenser needs are as follows:

RFR LOT# 2005 Page 20 of 33

Game Year One (1) Year Two (2) Year Three (3)

Single Games 20,000 20,000 20,000

3.3.2 Specification II – Ten (10) and Twenty (20) Game Acrylic Dispensers

Materials The acrylic dispensers should be made of materials as specified below. The entire body should be constructed of no less than .220 inches cell cast acrylic sheet with the following minimum industry standards:

A. Industry specification ASTM D702 Type II grade 3 general purpose sheet and/or Type III grade 3 general purpose sheet should be used.

B. Federal specification L-P-391. Type I grade C general purpose sheet should be used. Light transmittance on all clear acrylic used on the acrylic dispensers must be at least 92%. The fronts, backs tops and doors should be constructed of no less than .118 inches acrylic clear colorless for the clear units.

C. The ticket slide on all units should be constructed of no less than .09” clear colorless acrylic.

D. A secure cam lock must be used. Camlock #437N090E, ES Corp., keyed alike to CH751 with one (1) key per lock. Stainless steel scalps on shell and olive dichromate plating. In the locked position. The cam should protrude slightly through an opening in the acrylic. The key is removable only in the locked position. One (1) per unit.

E. All counter displays must have a removable divider on the top shelf to accommodate 8” wide tickets when needed.

Dimensions, Loading, and Construction

The physical dimensions of the units supplied under a contract resulting from this RFR must be identical…