RFR 2507. Digital Window Signs.pdf

The Commonwealth of Massachusetts

Massachusetts State Lottery Commission

150 Mount Vernon Street, Dorchester, MA 02125

REQUEST FOR RESPONSE

Document Title:

Digital Window Signs

COMMBUYS Bid Number: BD-25-1062-LOT-LOTDO-110000

MSLC Document Number: RFR LOT # 2507

Intent to Post: November 20, 2024 RFR Release Date: December 2, 2024

RFR Response Due Date/Time: December 30, 2024, at 10:00 AM

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

Table of Contents

1 REQUEST FOR RESPONSE INFORMATION

1.1 BACKGROUND 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 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 Adding Contractors after Initial Contract Award

1.7.5 Contract Guidelines

1.7.6 Contract Performance and Additional Business Specifications

2 PHASE ONE REQUIREMENTS

2.1 MINIMUM QUALIFICATIONS

2.2 LEGAL AND OTHER REQUIREMENTS

2.3 MANDATORY FORMS AND ENCLOSURES

2.4 COST PROPOSAL

3 PHASE II REQUIREMENTS

3.1 PERFORMANCE SPECIFICATIONS AND REQUIREMENTS

3.1.1 General Signage Overview

3.1.2 Construction and Efficiencies

3.1.3 Communication Methods and Software:

3.1.4 Samples

3.1.5 Alternative Designs

3.1.6 Additional Designs or Services

4 Warehouse Management Requirements:

4.1 Individual Packaging requirements:

4.2 Pallet Packaging Requirements:

4.3 Load Tag Labels Provided by the Vendor

4.4 Pallet Requirements

ATTACHMENTS

1 REQUEST FOR RESPONSE INFORMATION

1.1 BACKGROUND AND PURPOSE

The MSLC was created in 1971 as a mechanism to generate local aid revenues for the three hundred fifty-one (351) cities and towns of the Commonwealth. Since selling its first ticket in 1972, the MSLC has generated over $155 billion in sales, awarded over $109 billion in prizes, returned over $33 billion in net profit to the Commonwealth for unrestricted local aid, and provided $8.8 billion in commissions and bonuses to its statewide network of retailers.

The Massachusetts State Lottery Commission (“MSLC” or “Lottery”) intends to purchase or enter into an agreement to obtain electronic digital messaging signs. These signs will be located at Lottery

Sales Agent establishments throughout the Commonwealth to advertise Lottery jackpots or other

Lottery information. The signs will primarily be placed in windows facing externally to those outside the Sales Agent Location. The Lottery will update the jackpots or other information to these signs remotely. The primary usage of the electronic signs will be to promote Powerball and Mega Millions jackpot amounts but must also include either static or electronic graphics that complement the products logos.

The MSLC has a private Wide Area Network (“WAN”) of multiple technologies. Each Lottery Sales

Agent has an individual dedicated circuit for its wagering terminal. The Lottery Sales Agent also has a

Lottery provided router with an extra Ethernet port. It is the Lottery’s intention to use this Ethernet port to communicate with the electronic digital messaging signage.

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.

EVENT DATE

Intent to Post November 20, 2024

RFR Release Date December 2, 2024

Deadline for Submission of Bidder Questions December 9, 2024, at 10:00 a.m.

Official Response posted to COMMBUYS for RFR Q&A December 11, 2024 (Estimated)

Bidder Submission Deadline

Written response uploaded to COMMBUYS and physical samples delivered to Braintree location.

December 30, 2024, at 10:00 a.m.

Notification of Apparent Successful Bidder(s) -

(Estimated).

January 2025

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

Lee C. Conroy, Procurement Manager

ATTN: RFR LOT# 2507

E-mail Address: lconroy@masslottery.com

Contact with any other Commonwealth or Lottery employee is expressly prohibited.

1.3 RFR INSTRUCTIONS

1.3.1 Response Submission:

Bidders must submit their proposals 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.

All times in this RFR are in prevailing Eastern Time. Responses must be received no later than the response due date and time indicated in the RFR event calendar, or they will not be evaluated. Bidders must have their responses fully loaded and accepted in COMMBUYS prior to the RFR Response Due date and time listed below. Bidders are urged to allow sufficient time to upload their entire response.

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.

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

• 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.

• Bidders MUST have their complete bid fully loaded and submitted prior to the Bidder

Submission Deadline time and date listed in the calendar. COMMBUYS will not allow for bids to be submitted after the posted time.

https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download https://www.youtube.com/watch?v=IG7XDNk4-U0 file:///C:/Users/mhutchinson/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/4D9CAJG2/www.commbuys.com mailto:OSDHelpDesk@mass.gov?Subject=COMMBUYS%20Question

• 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.

Facsimile and email responses will not be accepted.

• 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.

• 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.

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) Technical Response – Response format must use/follow RFR document and structure.

(h) Cost Response(s) (Attachment M)

The above documents and submissions will all be considered part of the Bidder’s RFR response and will ultimately be incorporated into the awarded Vendor’s contract.

NO COST INFORMATION SHALL BE INCLUDED ANYWHERE IN THE NARRATIVE RESPONSE. ALL COST

INFORMATION MUST BE CONTAINED IN A SEPERATE ATTACHMENT.

1.3.3 Cost Proposal.

• The Bidder must use the Cost Table provided and should make no changes, additions, or deletions.

• Any cost proposal(s) must be submitted as a separate attachment on COMMBUYS named “(Company Name) Cost Proposal – RFR# 2507”.

• Bid response must consist of the Vendor’s Cost Table (Attachment M). Pricing must remain firm for the entire contract period.

• Bidder must include a fully completed Cost Table, which includes a breakdown of charges and explanatory materials necessary for a full understanding of the data contained in the Cost Table.

• The Cost Table (Attachment M) must be completed comprehensively. When applicable, insert the expression N/C (No Charge) in the appropriate price column. If there is nothing inserted in a price column, the Procurement Board will assume N/C (No Charge).

• All costs and/or figures must be provided in US currency.

Prompt Pay Discount (“PPD”) Vendors should specify what prompt payment discounts are available to the MSLC. It is highly desirable that the Vendor offer a PPD. It is the policy of the Commonwealth of Massachusetts to pay bills on a forty-five (45) day cycle, unless a PPD is offered. Bidders will be required to complete a “Prompt Payment Discount Form” as one of the mandatory forms to this RFR.

Costs that are not specifically identified in the Bidder's Response and accepted by the MSLC as part of a Contract, will not be compensated under any Contract awarded pursuant to this RFR. Neither the

MSLC nor the Commonwealth will be responsible for any costs or expenses incurred by Bidders responding to this RFR.

Contractors may propose alternatives for equivalent, better or more cost-effective performance than specified under the Contractor’s original Quote at any time during the life of the contract and any subsequent renewals.

1.3.4 Response Provisions:

When responding to this RFR, 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 RFR 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 items included in each section of the RFR.

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.

1.3.5 Disqualification of Responses:

A. Late Proposals: Proposals that are received after the 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 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.

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 RFR.

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 RFR EVALUATION PROCESS

1.4.1 Evaluation Process:

The RFR Evaluation Process will be conducted in three phases. A review team 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.)

A. Phase I Review:

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

B. 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/site visit 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.

C. 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 PRESENTATIONS / INTERVIEWS

The PMT shall have the option to invite any or all of the Bidders to make presentations/come in for interviews. Presentations/interviews provide the PMT with an opportunity to evaluate the Bidder through the presentation of their proposal. The decision to engage in presentations/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 presentations/interviews. If the decision is made to request presentations and/or interviews, then only Bidders that receive an invitation to participate in presentations and/or interviews will proceed to cost evaluation and Phase III. Bidders that do not receive an invitation to interview will be eliminated from further consideration under this RFR. Bidders will not be informed of their rank at the time of the presentation/interview.

The time allotments and the format shall be the same for all presentations/interviews. The PMT may waive the location and medium requirements of a 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 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 a presentation/interview may subject the Bidder’s proposal to disqualification. A Bidder’s failure to agree to a presentation/interview may result in disqualification from further consideration. 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 will be the subject of an on-site inspection, in the event 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

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 Contract Manager/Representative.

The selected Bidder must assign a service representative(s) which the MSLC may contact regarding the service performance during the contract term. The MSLC reserves the option to require this individual(s) to be replaced if it finds that the individual(s) is not responsive or compatible. It is the

Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the MSLC immediately.

1.6.2.6 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.

1.6.2.7 COMMBUYS Market Center.

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

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 intent of this RFR are prohibited and may disqualify a response.

1.6.2.8 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.

1.6.2.9 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, http://www.commbuys.com/ 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. If awarded the contract, the bidder shall not act as the agent of or in the interest of any person or organization other than the

MSLC with respect to its procurement for an online lottery platform. If the bidder becomes aware of a conflict of interest that affects its services under this contract or if the bidder is required to take an action which could substantially affect its duties and responsibilities under this contract, the bidder shall immediately disclose all facts in full and complete detail to the appropriate MSLC personnel.

1.6.2.10 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.

1.6.2.11 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.

1.6.2.12 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 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.

1.6.2.13 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.

If, due to unforeseen circumstances, the scope of services is substantially changed or modified, the

MSLC maintains the right to amend the contract to increase or decrease the maximum obligation in order to obtain the best value. The Vendor will be bound by the terms of the contract and the MSLC will not be responsible for price increases due to market fluctuations or product availability.

1.6.2.14 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.

1.6.2.15 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.

1.6.2.16 Minimum Bid Duration.

Bidder must certify in their response that the submitted response, including costs, will remain in effect for 180 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.

1.6.2.17 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.

1.6.2.18 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. Accelerated payment may/will only occur if bidder submits a prompt pay discount option. Invoices or invoices submitted to

Massachusetts government entities must not include sales tax.

1.6.2.19 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 RFR. 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 RFR. Prior approval, as well as ongoing 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. Notwithstanding the foregoing, the MSLC reserves its rights under 1.7.3 and 1.7.4 and elsewhere in this RFR.

1.6.2.20 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.

1.6.2.21 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.

1.6.2.22 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.

1.6.2.23 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.

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 and needs as provided herein. The MSLC may, at its sole option, extend the contract for two (2) additional one (1) 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. Any additional related services may be performed under change orders or amendments.

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 target maximum number of awarded Vendors is one (1). 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 Adding Contractors after Initial Contract Award

If, over the life of the contract, the PMT determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional responses/quotes.

1.7.5 Contract Guidelines.

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

1.7.6 Contract Performance and Additional Business Specifications.

1.7.6.1 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.

1.7.6.2 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.

1.7.6.3 Contract Negotiation and Amendments

The MSLC may negotiate changes to the specifications, requirements, performance, measures, quantities, and/or term length provided in this RFR at any time, provided that such changes are consistent with the scope of this RFR, 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 RFR and necessary to accomplish the purpose for which this

RFR was issued and/or may result in best value to the Commonwealth.

1.7.6.4 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.

1.7.6.5 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 from vendor, and vendor shall promptly provide documentation evidencing the vendor’s compliance.

1.7.6.6 Rejection of Proposals.

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

1.7.6.7 Fees Subject to MSLC Signatory Authorization.

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

1.7.6.8 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.

1.7.6.9 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 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.

1.7.6.10 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.

1.7.6.11 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.

1.7.6.12 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.

1.7.6.13 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.

1.7.6.14 Security and Confidentiality

Successful Bidders must comply with any and all state and federal statutory and regulatory requirements in connection with the transmittal of personally identifying information (PII). The Bidder must also establish minimum security requirements. The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the contract. The

Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, 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.

1.7.6.15 Audit

During the term of this Agreement and for a period of six (6) years thereafter, Massachusetts State

Lottery Commission (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 Contractor'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 Agreement.

If such an audit indicates that Contractor has materially overcharged MSLC, then the contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

1.7.6.16 Prevailing Wage

All or part of the service(s) available under this RFR and resulting contract and any subsequent extensions may require the payment of prevailing wages pursuant to G.L. c. 149, Sections 26 through

27D (construction); Section 27F (trucks, vehicles and other equipment performing public works functions (non-construction); Section 27G (moving office furniture) and 27H (state cleaning contracts).

The Department of Labor Standards (DLS) will provide the prevailing wages. In addition, bidders and proposers must agree to comply with the Prevailing Wage Law, as administered by the DLS. Questions regarding the Prevailing Wage Law may be answered by accessing the DLS website at www.mass.gov/dols or by calling the DLS Prevailing Wage Program at (617) 626-6975.

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 demonstrated experience and capacity to handle the requirements herein.

http://www.mass.gov/dols

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 - Section II. Mandatory Bidder Requirements

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 MANDATORY FORMS AND ENCLOSURES

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

Response Template, Section III. Mandatory Response Forms. 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.

Electronic signatures with audit trail will be accepted, however original ink signatures may be required once contracts have been awarded. Successful Bidders who agreed to the terms and conditions of all mandatory forms and enclosures electronically via the COMMBUYS online Quote submission tool must still submit forms as requested by the MSLC with ink or electronic signatures within seven (7) calendar days of award notification or their contract may not be executed by the

Commonwealth.

2.4 COST PROPOSAL

The cost proposal(s) must be submitted as a separate attachment on COMMBUYS titled “(Company

Name) Cost Proposal – RFR# 2507.

The Bidder must fully complete Attachment M -…