RFR 2101. Q and A_1.pdf

RFR 2101. Questions and Answers

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1. Whether companies from Outside USA can apply for this? (like,from India or Canada)

Yes, however the printing facility must be within the United States.

2. Whether we need to come over there for meetings? Yes.

3. Can we perform the tasks (related to RFP) outside USA?

(like, from India or Canada)

No. Printing must occur within the United States.

4. Can we submit the proposals via email?

In lieu of hard copy submissions, electronic bids will be accepted only through Commbuys.com. Each submission should be in the format as required by the RFR.

Submissions will not be accepted by email. Please note:

The cost table must be submitted as a separate file in Commbuys and be clearly labeled.

5. Given the current pandemic, will the MSLC remove the requirement to provide hard copies?

In lieu of hard copy submissions, electronic bids will be accepted only through Commbuys.com. Each submission should be in the format as required by the RFR.

Submissions will not be accepted by email. Please note:

The cost table must be submitted as a separate file in Commbuys and be clearly labeled.

6. If hard copies are still required, would the MSLC allow hard copy delivery to be “received by MA Lottery procurement contact within 1 week of submission date” to facilitate any travel/courier delays due to the COVID-19 challenges outside of vendor control?

In lieu of hard copy submissions, electronic bids will be accepted only through Commbuys.com. Each submission should be in the format as required by the RFR.

Submissions will not be accepted by email. Please note:

The cost table must be submitted as a separate file in Commbuys and be clearly labeled.

7. 1.3.2 8 Do pre-printed items such as Audited Financials count towards the 1,200 page count?

No.

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8. 2.2.1.5 24 Will the Lottery allow the three (3) years of Audited Financials to be submitted on a USB?

Electronic submissions for financial statements will be accepted through Commbuys. Please submit on Commbuys separately from your response and title the document appropriately.

9. 2.2.2(3) 25 Scientific Games interprets “security incident or data breach” to mean an event resulting in a loss of player or Lottery data. If that is incorrect, please clarify what is the intended scope of this provision?

Yes, including but not limited to any security breach involving any Lottery assets while in the custody of the Vendor

10.

2.2.4

26 Typically, a lottery will request that vendors indicate confidential and proprietary information by placing a “Confidential” or “Proprietary” marking before and after the section. Is this acceptable to the MSLC? Or does the MSLC prefer an alternate method?

Yes; please also see RFR Section 1.6.2(18)

11. 2.2.5 26 Can the MSLC confirm that the indemnification by the Vendor against third party claims for personal injury or property damages or patent and copyright infringement or by the Vendor to the Commonwealth, its officers, or employees against any harm or damage will not be required and the Vendor will not be obligated to indemnify to the extent to which such harm or damage results from the Commonwealth’s, its officers’, or employees’ own negligence, willful misconduct or breach of the contract?

Please see Section 11 of the Commonwealth’s Terms and Conditions as provided in the RFR

12. 2.2.3 26 Will the Lottery accept a standard industry ACORD certificate of insurance for evidence of required coverage?

Yes.

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13. 2.3.6 28 Is there a minimum % and/or spend amount we should spend with SDP’s? If a SDP plan is submitted that does not include a SDVOBE partner will it be scored any differently?

No maximum/minimum; see RFR section 2.3.6

14. 3.6.5(3) 60 Please confirm three professional references are needed for the individuals identified in 3.6.4 (1). Should this be 3.6.5 (1)?

Yes, three professional references are needed, this should reference 3.6.5(1).

15. 3.6.2(4) 58 Please confirm MSLC’s request “per release” is the same as a per game launch.

“Per release” means “per game launch”. In the event that a vendor only has one game in a multigame launch, they will still be required to provide digital marketing assets for their particular game.

16. 3.6.2(4) 58 Please define “digital marketing program”. Digital marketing programs are marketing initiatives that do not require in-person participation by players such as online contests, free to play interactive online games, etc.

17.

Would the MSLC permit the use of Flash Drives for the required financial Statements?

Electronic submissions for financial statements will be accepted through Commbuys. Please submit on Commbuys separately from your response and title the document appropriately.

18. Would the MSLC please provide Word docx files for all Mandatory Forms?

No, all forms are in the correct file format.

19. Would the MSLC please provide soft copies of the instant ticket contracts for each of your current print vendors?

No, prior contracts do not address all elements of this RFR

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20. 1.3.1 7 Will the MSLC please confirm if the Lottery requires the Cost Proposal to be submitted with one original and 20 hard copies?

In lieu of hard copy submissions, electronic bids will be accepted only through Commbuys.com. Submissions will not be accepted by email. Please note: The cost table must be submitted as a separate file in Commbuys and be clearly labeled.

21. 1.3.1 7 Will the Lottery please confirm our understanding that the Cost Proposal is not required on USB sticks but only as printed material?

In lieu of hard copy submissions, electronic bids will be accepted only through Commbuys.com. Submissions will not be accepted by email. Please note: The cost table must be submitted as a separate file in Commbuys and be clearly labeled.

22. 1.3.2 7 Will the Lottery please permit the use of 11x17 paper for each of the Cost Tables? We also request that the Cost Tables Attachment AA be printed single sided for ease of reading.

The cost table must be submitted as a separate file in Commbuys and be clearly labeled.

23. 1.3.5 9 Will the Lottery accept a No Bid for features/options that a Bidder does not offer?

No.

24. 1.8.2.18 18 Would the MSLC, at a minimum, inform a Bidder prior to disclosing a Bidder’s confidential information to allow the Bidder to potentially file for an injunction to protect the Bidder’s confidential information?

The Lottery is subject to Massachusetts Public Record Law, G.L. c 66 §10 and G.L c 4 § 7 (26); see also RFR Section

1.6.2 (18)

25. 3, Termination or Suspension

20 Would the MSLC please provide notice to the Bidder and allow the Bidder to cure any poor performance, failure to perform, fraud or other cause prior to termination or suspension?

Notice will be provided; further action contingent upon circumstances at time of event

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26. 7, Confidentialit y Policy Regarding Bidder’s

Support Staff and/or Bidders

21 If the MSLC requires Bidders to execute a non-disclosure agreement for confidential information, would the MSLC please consider signing a mutual confidentiality agreement so as to protect the Bidder’s confidential information, as it is harmful to fair competition based on the industry and lottery systems and processes.

Yes.

27. Terms & Conditions Section 4

24 In the event the Department enforces its right to terminate or suspend a contract with the vendor due to a state of emergency after execution of the contract but before full payment has been made to the vendor, will the Department confirm that it shall compensate the vendor for all work performed in accordance with the contract, whether or not delivered to the MSLC, which has been completed up to, and as of, the date of termination or suspension?

Subject to procurement regulations and procedures, the Lottery may only pay for that which is delivered.

28. 2.2.5, Indemnificati on

26 Would the MSLC please confirm that a Bidder is not obligated to indemnify the Lottery or State for any claims or losses arising from or in connection with (i) any act or omission of the State, Lottery, or their officers, directors, employees and agents; and (ii) the Bidder’s acts or omissions if requested by or in compliance with the State’s or Lottery’s requirements;

or (iii) any act or omission of a third party that is not a subcontractor of the Bidder?

Please see Section 11 of the Commonwealth’s Terms and Conditions as provided in the RFR

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29. 3.6.1, Marketing

Environment

57 The MSLC references a mobile app for 2nd chance promotions that SGI maintains. Should Bidders integrate with the existing app or is the Lottery open to Bidders providing their own 2nd chance app?

Bidders will be required to integrate with the existing app and/or another app owned by MSLC based on MSLC’s request.

30. 3.6.2 Marketing

Support

57-58 Does the MSLC intend to replace the SGI mobile app as part of this RFP?

Replacement of the SGI mobile app is dependent upon responses to this RFR.

31. 3.6.2 Marketing

Support

57-58 Does the MSLC intend to replace its own mobile app for Keno To Go and All or Nothing as part of this RFP?

MSLC does not intend to replace its own mobile app for Keno to-go or All or Nothing to-go as part of this RFR.

32. 3.6.2 Marketing

Support

57-58 Does the MSLC intend to have the vendor develop integration points and/or develop social media capabilities to advertise instant tickets?

The vendor is expected to provide marketing assets for MSLC to use on its own social media channels.

33. 3.6.3, Licensed Games

59 Can the MSLC please clarify that the reference to Section 3.6.1 (“In conjunction with your response to

3.6.1 – Marketing Support…”) should instead reference Section 3.6.2?

Please reference 3.6.2

34. 3.6.5, Account

Personnel

60 1) Can the MSLC please clarify that the reference in #3 to Section 3.6.4(1) (“…for the individuals identified in 3.6.4(1)…) should instead reference Section 3.6.5(1)?

2) Similarly, can the MSLC please clarify that the reference in #4 to Section 3.6.4(3) should instead reference Section 3.6.5(3)?

1) Please reference 3.6.5.1

2) Please reference 3.6.5.3

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35. 3.6.6

Annual Marketing

Plan

60 Would the MSLC please confirm that the FY21 Marketing Plan should start July 2020 or if each Bidder should provide a 12-month plan that would begin with the start of the new contract?

If the MSLC would like the FY21 Marketing Plan to begin July 2020, would the MSLC please provide any game details (game plan, artwork, etc.) for games already planned or in production that would fall into the first quarter of FY21?

The 12 month marketing plan should begin with August 2020. The MSLC marketing plan for the first quarter of FY21 is to be determined.

36. 1.2 RFR Calendar/Timeline (page 6). Given the impact of the Coronavirus (COVID-19), with many jurisdictions including Massachusetts declaring states of emergency, would the Lottery please consider granting all current instant ticket vendors an emergency one-year extension to their existing instant ticket print contracts? This measure would effectively ensure the Lottery a continued supply of instant tickets during this extraordinary period while postponing the procurement process until next year once this situation has subsided. Given that responding to this RFR will require significant resources on the part Bidders and the Lottery, we respectfully request that the Lottery please respond to this question before the stated date of April 9, 2020?

The bidder submission deadline has been extended to June 25, 2020 by 3:00pm. See notice posted on Commbuys.

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37. 1.3.5 Cost Proposal

9 “Specification variations for which the Massachusetts Lottery requires additional cost quotes” includes 5”x8” pouch packages (printed 5 Colors and must be fully secure). Will the Lottery please provide printing specifications for the ticket contents to be included inside the pouch?

No. Bidders should provide details on a pouch package valued at $25.00.

38. 1.3.5 Cost Proposal

9 “Specification variations for which the Massachusetts Lottery requires additional cost quotes” includes 5”x8” pouch packages (printed 5 Colors and must be fully secure). Will the Lottery please describe the expectations for printing on front and back of pouches, i.e., number of colors, type of pouch material and number of pouches per pack?

No. Bidders should provide details on a pouch package valued at $25.00.

39. 1.3.5 Cost Proposal

9 “Specification variations for which the Massachusetts Lottery requires additional cost quotes” includes Playbook style ticket, Oversized play tickets (8” X 12”) up to (12”x 12”) and Oversized play tickets (12” X 12” +). Will the lottery please provide the required pack size for each of these three variations?

Required pack size is 25.

40. 2.2.1 24 Due to page volume and consideration of 1.6.2., 10.

Environmental Response Submission Compliance

(p. 16-17), will the Lottery accept financial statements submitted in electronic format only, on a USB? If acceptable, please indicate the number of USBs required.

In lieu of hard copy submissions, electronic bids will be accepted only through Commbuys.com. Each submission should be in the format as required by the RFR.

Submissions will not be accepted by email. Please note:

The cost table must be submitted as a separate file in Commbuys and be clearly labeled.

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41. 2.3.6 28-30 This section states that “the SDP Plan for large procurements greater than one hundred fifty thousand dollars ($150,000) will be evaluated at 10% of the total Phase II Review.” Will the Lottery please provide clarification on how the Bidders’ SDP Plans are evaluated? Also, what is required for a Bidder to earn the full 10%? For example, is a certain percent of the contract value committed to SDP required to achieve the full 10%?

The Bidder’s SDP Plan is evaluated by total spend with SDO certified M/W/SDVOBEs for the duration of the contract.

42. 3.3.8 48 This section refers to 3.3.6 (7) which does not exist;

please clarify what section this refers to?

Please reference 3.3.6.

43. 3.6.1 57-58 What is the percentage of corporate retailers vs.

independent retailers?

80% independent 20% corporate

44. 3.6.1 57-58 How often are retail incentive promotions offered? There are two primary Instant Ticket retail incentives per year in addition to smaller incentives that are occasionally offered.

45. 3.6.1 57-58 What retailer incentive promotions have been offered in the last two years?

There are two per year revolving around the Holiday and April Launches, rewarding agents with drawings for money upon activating and settling books within certain parameters. Other one off agent incentive programs run throughout the year including activating and settling certain games.

46. 3.6.1 57-58 Is the retailer incentive budget a separate allocated budget? If not, where are the funds taken from?

Yes.

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47. 3.6.3 59-60 Will the Lottery please clarify whether the costs of the two focus groups, Agent Study, and Customer Baseline Study will be proportionately based on the percentage of business given to primary vs. secondary vendors?

The RFR does not delineate between primary and second vendors. All bidders must be able to provide research services at MSLC’s request.

48. 3.6.3 60 Will the Lottery please provide a sample of its most recent annual agent study?

Please reference Attachment Z.

49. 3.6.3 60 Will the Lottery please clarify if the two focus groups are to be conducted annually in the event of a contract extension?

Yes, focus groups are to be conducted in the event of a contract extension.

50. 3.6.5 60 This section notes that Bidders must include three professional references for the individuals identified in 3.6.4 (1), however, there is no 3.6.4 (1) in the RFR. Should this refer to 3.6.5 (1) instead?

Yes.

51. 3.6.5 60 Will the Lottery please provide a description of the type and frequency of promotional support for each instant game it has implemented over the past year?

Promotional support is only offered for Licensed Games, so the frequency varies between years. The promotional support may include player promotions such as second chance contests as well as retail promotions like ticket launch parties.

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52. 3.6.5 61 Will the Lottery please provide the type of advertising utilized for each instant game over the past year, as well as the overall advertising spend over the past year?

Advertising support varies between launches. A “normal” launch will include digital, radio, social media, and point of sale print advertising. A “significant” launch such as supporting Holiday Games include digital, out of home, television, radio, social media, and point of sale print advertising.

In FY19, we spent $1,885,000.00 for Instant Games advertising and $4,750,000 on total advertising for all Lottery products.