RFR 2101. Q and A Round 2.pdf

RFR 2101. Questions and Answers – Round 2

RFR Reference

Number

RFR

Page

Question

Answer

1. Will the Lottery please provide the maximum file size to upload to COMMBUYS?

Please contact the Commbuys Helpdesk at OSDHelpDesk@mass.gov or at 1-888-627-8283.

2. Will the Lottery please provide the maximum number of files to upload to COMMBUYS?

Please contact the Commbuys Helpdesk at OSDHelpDesk@mass.gov or at 1-888-627-8283.

3. Section 3.3.1

Ticket Samples and Testing

35 The RFR states that Section 3.3.1 is marked as a mandatory response. However, the first sentence says “This Section only applies to Bidders who have not printed tickets for the MSLC in the past three (3) years.”

Question: If a Bidder has printed tickets for the MSLC in the past three years, how should the Bidder respond to 3.3.1 and 3.3.2 and to the corresponding sections in Attachment P, Bidder Questionnaire given these items are marked as “mandatory”?

If the Bidder has printed tickets for MSLC within the past three years, the Bidder should respond with the name and delivery date of the most recently printed ticket at the time of submission.

4. Section 3.3.3, Ticket Sizes

40 It appears that the subsections of this requirement are misnumbered. We believe the second requirement should be numbered as 2 rather than 1.

Please confirm.

Yes, the second requirement should be numbered as 2.

5. Section 3.3.4.3, Ticket Production and Delivery Schedules

41 The RFR states “It is desirable that Bidder’s provide detail regarding any delivery management systems that may be available to the MSLC in the narrative response. Please include a breakdown of the associated costs in the section provided on the cost table.”

Question: Is it the Lottery’s intent to look at additional options for delivery of your instant tickets from its current methodology?

The MSLC intends to maintain current delivery protocols;

however the MSLC is interested to know whether there are additional or extended storage options for printed tickets that could be provided by the Bidder and if so, state cost, if any, and time required for delivery upon notice.

mailto:OSDHelpDesk@mass.gov?Subject=COMMBUYS%20Question mailto:OSDHelpDesk@mass.gov?Subject=COMMBUYS%20Question

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6. Section 3.3.8.11, Fluorescent

Colors

47 The RFR states that “Samples of tickets (5 sets) representing the Bidder's ability to provide tickets utilizing fluorescent colors should be included in the Bidder's proposal.”

Question: Since we are to only submit electronically, how would the Lottery prefer to receive the 5 sets of sample tickets?

Please have clearly labeled samples delivered to:

Lee Conroy, Procurement Manager Massachusetts State Lottery Commission

ATTN: RFR LOT# 2101

150 Mount Vernon Street Suite 300 Dorchester, MA 02125

By the due date and time referenced in RFR 2101.

7. Section 3.3.8.12, Holographic

Images

47 The RFR states that “Samples of tickets (5 sets) representing the Bidder's ability to provide tickets utilizing holographic images should be included in the Bidder's proposal.”

Question: Since we are to only submit electronically, how would the Lottery prefer to receive the 5 sets of sample tickets?

Please have clearly labeled samples delivered to:

Lee Conroy, Procurement Manager Massachusetts State Lottery Commission

ATTN: RFR LOT# 2101

150 Mount Vernon Street Suite 300 Dorchester, MA 02125

By the due date and time referenced in RFR 2101.

8. Section 3.6.2, Marketing

Support

57 The RFR states that “Paragraphs 1 through 11 combined are highly desirable.” However, it appears that there are 12 items in the section.

Question: Should the language be changed to read “Paragraphs 1 through 12 combined are highly desirable”?

Yes.

9.

Attachment P, Bidder

Questionnaire

Question: In Line 5 of the Excel spreadsheet, there is a reference to Section A. There does not appear to be a Section A within the RFR. Was this reference inadvertently included in the Bidder Questionnaire?

Please disregard reference to Section A.

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10. Mandatory Forms

2.3 Mandatory Forms (page 27) and Q and A_1.

In Q and A_1, the Lottery notes in multiple answers that “In lieu of hard copy submissions, electronic bids will be accepted only through Commbuys.com.” Section 2.3 of the RFR states “All mandatory forms and enclosures must be executed with a wet signature by an individual having authority to bind the bidding company and the “originals” should have an original wet signature in blue ink.” Will the Lottery please confirm that PDF scans of forms containing an original wet signature will meet this requirement? That is, the form will be signed in person using ink (versus an electronic signature) and scanned, and the form will be submitted as a PDF. Alternatively, will the Lottery accept an electronic signature on these forms?

In light of the impact of Covid-19, the MSLC will permit either electronic signatures or scanned signatures;

however, the selected Bidder may be required to re-execute all documents with a wet signature in order to ensure proper processing, if required by MSLC and/ or the Office of the Comptroller of the Commonwealth of Massachusetts.

11. 3.3.8

Printing

3.3.8 Printing, 11., 12. and 13. (pages 47-48) and

Q and A_1. In Q and A_1, the Lottery notes in multiple answers that “In lieu of hard copy submissions, electronic bids will be accepted only through Commbuys.com.” Sections 3.3.8 Printing, 11., 12., and 13. request various types of sample tickets. Does the Lottery expect actual ticket samples in response to these requirements being delivered to the address stated in 1.3.1 Response Submission? If not, will the Lottery please modify these requirements to provide clarification?

Please have clearly labeled samples delivered to:

Lee Conroy, Procurement Manager Massachusetts State Lottery Commission

ATTN: RFR LOT# 2101

150 Mount Vernon Street Suite 300 Dorchester, MA 02125

By the due date and time referenced in RFR 2101.

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12. Section 1.2

RFR Calendar Timeline

6 Would the Lottery please allow bidders to submit an additional round(s) of clarifying questions once they have had a chance to review the Lottery’s initial responses to questions to be released by May 7?

The MSLC will allow an additional round of questions.

Round 3 Questions

Due by May 28, 2020 @ 3pm

Answers posted June 4, 2020

13. Section 1.3.5

Volume III – Cost Proposal

9 The RFR requires additional cost quotes for options.

In such cases that a bidder does not have the ability to provide a specific option, would the Lottery please confirm how bidders should respond with respect to such options in the Cost Proposal?

Any option provided in the Cost Proposal which a bidder does not have the ability to provide, the respective bidder should not provide a response.

14. Section 1.3.5

Volume III – Cost Proposal and

Section 3.6.3

Licensed Games

Paragraph 3

10,59 Would the Lottery please clarify what it means by the term “attendant artwork” in Section 3.6.3, paragraph 3, as stated below?

“It is desirable that the MSLC have flexibility in acquiring the rights to offer licensed games to the Massachusetts Consumer. As a supplement to the Cost Table, please provide the cost for each licensed property that your company currently has an agreement with to offer the name and attendant artwork. In addition to the traditional costing of a licensed property, please provide additional methods for the MSLC to obtain the rights to the licensed property as requested in Section 1.3.5.”

The phrase “attendant artwork” may be construed to be any and all intellectual property ( pictures, phrases/fonts, and the like) owned by the Licensor which is permitted to be used subject to the license agreement.

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15. Section 1.3.6

Volume IV – Supplementary

Proposal Information

10 Will the Lottery please clarify if supplementary information provided in a Volume IV will be evaluated as a part of the Phase II Review (as per Section 1.4, item 2.)?

Yes.

16. Section 3.3.4

Ticket Production and Delivery Schedules

Item 4

Penalty

40 In Section 3.3.4, the RFR provides that the Lottery reserves the option to penalize instant ticket Vendors for late deliveries.

Would the Lottery please confirm that any right to damages will be calculated based on actual damages incurred directly as a result of the late delivery of a specific game?

The MSLC has reserved the right to penalize a vendor which may include and / or be limited to actual damages.

17. Section 3.3.6

Ticket Quality

Item 6

46 Section 3.3.6, item 6, provides remedies for the Lottery in the event of a defective ticket beyond the acceptable level of defects The Lottery makes the final determination over the remedy and the Vendor shall bear all costs associated with the remedy.

Will the Lottery please confirm that, notwithstanding such right, the Lottery will consult with the Vendor as to the type of remedy and the Vendor shall not be responsible for any defect that arises as a result of the acts or omissions of the Lottery or any third party that is not a subcontractor or supplier to the Vendor?

The MSLC will consult with a Vendor for a curative strategy and shall determine remedy(s) in the event of a defective ticket. Massachusetts mandates a no omit requirement for all instant tickets orders.

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18. Section 3.6.6

Annual Marketing Plan

60 During the first round of questions & answers, a question (#35) was asked about the start date for the 12-month Marketing Plan and if the Lottery had any game details (game plan, artwork, etc.) for games already planned or in production that would fall into the first quarter of FY21. At the time, the Lottery confirmed the marketing plan for the first quarter of FY21 is to be determined, therefore no details were provided. Are there any game details available now for games planned for Quarter 1 that can be shared?

Not at this time.

19. Attachment A – Commonwealth of Massachusetts Standard Contract Form

Commonwealth and Contractor

Ownership Rights

3 This section provides that “Contractor certifies and agrees that the Commonwealth is entitled to ownership and possession of all “deliverables” purchased or developed with Contract funds. A Department may not relinquish Commonwealth rights to deliverables nor may Contractors sell products developed with Commonwealth resources without just compensation. The Contract should detail all Commonwealth deliverables and ownership rights and any Contractor proprietary rights.”

Would the Lottery please confirm our understanding that ““deliverables” purchased or developed with Contract funds” do not include intellectual property owned or licensed by Contractor prior to and outside of this Contract?

Intellectual property, unless specified by agreement, shall remain the property of the holder; all licensed property shall also be shared only subject to a license agreement.

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20. Appendix L – Disclosure

Statement Form

1 Will the Lottery please confirm that the Appendix to the Disclosure Statement is not included in the 4-page limit required for this form?

Yes.

21. Appendix L – Disclosure Statement Form

Item 3

1 Regarding Item 3, will the Lottery please confirm whether bidders should continue to list any contracts for goods and services that have expired?

Yes, but only within the past five years.