INVITATION TO BID - publicgaminginternational.com€¦ · Web viewMUSL will accept joint bids from...

INVITATION TO BID

POWERBALL DRAWING TELEVISION STUDIO and PRODUCTION

Issued September 16, 2014

The Multi-State Lottery Association (MUSL) is seeking a qualified Bidder or Bidders to provide a Television Studio and Production Services for the Powerball Drawings.

MUSL will accept joint bids from two or more bidding partners with combined or separated cost proposals. Joint bids must include Letters of Intent, Bidder Certifications and Covenants Not to Sue signed by each bidding partner.

Interested Bidders may submit proposals by mail, carrier, or in person on or before October 20, 2014 to:

Wayne DolezalDirector of Business & Legal Affairs

MULTI-STATE LOTTERY ASSOCIATION4400 NW Urbandale Drive

Urbandale, Iowa 50322-7919Telephone: 515-453-1412

Fax: [email protected]

Multi-State Lottery AssociationITB Powerball Television Show Studio and Production

Issued: September 16, 2014 - Proposals Due: October 20, 2014

Contents

Section 1 – General and Legal Information and Requirements........................................... 3

Section 2 – Goals and Substantive Requirements of the ITB.............................................. 8

Section 3 – Expected Proposal Details............................................................................. 15

Section 4 – Bidder Details................................................................................................ 16

Section 5 – Cost and Fee Details...................................................................................... 17

Appendix A – Bidder Certification.................................................................................... 18

Appendix B – Covenant not to sue................................................................................... 19

of 19



SECTION 1

GENERAL AND LEGAL

INFORMATION and REQUIREMENTS

1.1 About MUSL

The Multi-State Lottery Association (MUSL), is a non-profit association owned and operated by 36 U.S. lotteries (including the District of Columbia and the U.S. Virgin Islands) selling such games as Powerball, and having contractual agreements with the remaining existing 10 U.S. lotteries that sell Powerball and other lottery games. As used in this Invitation to Bid (ITB) “Member Lotteries” are lottery members of MUSL and “Contracted Lotteries” are those lotteries which are not Member Lotteries but which contract with MUSL to participate in the Powerball game. All Member and Contracted Lotteries participating in the Powerball lottery game shall be referred to as “Participating Lotteries”.

1.2 Obligations and Responsibilities; Costs of Proposal

THE ISSUANCE OF THIS DOCUMENT CREATES NO OBLIGATIONS OR RESPONSIBILITIES WHATSOEVER FOR MUSL OR ANY LOTTERY. Obligations and responsibilities will be determined only after executed written agreements. This document and the issuance of this document do not obligate MUSL or any Lottery to enter into an agreement. Bidders to this document are wholly responsible for all costs in submitting a proposal to this document. Bidders shall hold MUSL and its Participating Lotteries harmless for any failure, negligent or otherwise, to provide the Bidder with pertinent information as intended by this ITB.

1.3 Advisory of Confidentiality, Proprietary, Trade Secret, Etc.

Bidder shall clearly and specifically indicate each page or section that the Bidder considers confidential, proprietary, or a trade secret. The release of such confidentiality, proprietary, or trade secret information shall be determined by federal and the various state and jurisdictional laws of each lottery viewing the materials. No enhanced obligations are created by this ITB. A statement that an entire proposal is confidential, proprietary or a trade secret will not be accepted.

1.4 Ownership of Materials; Intellectual Property; Indemnification

MUSL shall own all tangible materials submitted in response to this ITB. MUSL reserves the right to use any and all information in any response to draft a future ITB, if any. The Bidder will retain ownership, to the extent that such ownership exists under U.S. laws, of its intellectual property associated with the Bidder’s presentation of its products and services.

of 19



Bidders must provide in their proposal citations for patents, copyrights and trademarks offered in the Proposal. Bidder shall indemnify and hold harmless MUSL and its Participating Lotteries, their jurisdictions, departments, divisions, agencies, sections, commissions, members, agents, officers, officials and employees (the “Indemnified Parties”) against all claims related to the products and services to be provided as specified in the Proposal.

1.5 Contact, Questions, Modifications of ITB

The Bidders are requested to limit questions and contacts to email or other written communications. All questions and all responses from MUSL will be provided in writing to all Bidders expressing an interest in this ITB. Email questions are preferred. MUSL may modify this ITB through a Response to Questions document, but ONLY when it is expressly stated that the ITB is being modified. All Bidders who receive copies of the ITB from MUSL and who have a continuing interest will receive copies of the written questions received and the written answers provided by MUSL without identifying the source of the questions. The questions and answers will not modify the ITB unless MUSL specifically states that a modification is being made.

MUSL reserves the right to contact Bidders after the submission of proposals for the purpose of clarifying information or representations made in a proposal to ensure mutual understanding and to request clarification of the information or representations in a proposal before completing the initial evaluation.

Initial Questions are due on or before September 29, 2014.

All written questions and other inquiries regarding this ITB shall be directed to:

Wayne DolezalDirector of Business & Legal Affairs

MULTI-STATE LOTTERY ASSOCIATIONTelephone: 515-453-1412Email: [email protected]

1.6 Live Presentation

Proposals will be reviewed and evaluated by an Evaluation Committee to determine whether the Bidder has agreed to and can comply with the key requirements in this ITB. The Evaluation Committee may determine which Bidders, if any, will be invited to make an oral presentation of their proposals to them at a time and a site to be determined . The oral presentation should be made by individuals who will work on the account if the Bidder is awarded the contract.

The purpose of the presentation will be to assist in learning about the proposals and to permit the Evaluation Committee to ask questions of the bidders.

All Bidder costs, including but not limited to travel, lodging, meals, materials, etc., related to the presentations are the responsibility of the Bidder. No presentation fees will be paid by MUSL or the Lotteries.

of 19



1.7 Evaluation of Proposals

MUSL may not award any contracts as a result of this ITB. If a contract is awarded, MUSL will award the contract to the Bidder which submits the best overall proposal in MUSL’s sole discretion. The Evaluation process shall be as determined by MUSL.

Factors to be considered by the Evaluation Committee include the following (order below may not be indicative of actual weights given):

o Innovativeness of concept;

o Practical applicability of concept;

o Bidder capabilities;

o Bidder experience;

o Personnel;

o Plans and timelines; and

o Price.

1.8 Awards, Rejections, Cancellation, Waiver for Non-Compliance

MUSL reserves the right to reject any or all questions, proposals, replies, and responses to this ITB. MUSL reserves the right to waive any minor irregularity by a bidder in the best interests of MUSL for the purpose of continuing the process or of awarding a contract. MUSL reserves the right to cancel this ITB at any time.

1.9 Negotiation

MUSL reserves the right to negotiate for changed terms submitted in a Proposal, including modifications to proposed deliverables and Bidder compensation.

1.10 Contract Terms

Terms of an eventual contract are to be negotiated, but anticipated contract terms covering insurance, bonding and intellectual property requirements are available upon request.

1.11 Background Checks

Bidder and all control persons of Bidder and independent contractors must submit to and must pass a background check to provide product and services to MUSL and the lotteries. Contracts cannot be awarded to persons found guilty of a felony, a misdemeanor involving moral turpitude or any gambling law violation. Bidder shall be responsible for the costs of any background checks.

of 19



1.12 Sources of Information used in Addition to the Proposals

MUSL reserves the right to contact individual Bidders after the submission of information for the purpose of clarifying a proposal to ensure mutual understanding; such clarification shall be done in writing (including email) or confirmed in writing (including email). A bidder may not modify or amend their proposals if contacted by MUSL for this reason.

MUSL reserves the right to obtain, from any and all sources, information concerning a Bidder or a Bidder’s product which MUSL deems pertinent to this ITB and to consider such information in evaluating the Bidder’s proposal. Any information obtained may be used in evaluating the proposals. Information obtained from outside sources that has a significant impact on the evaluation of the Bidder’s Proposal may be reviewed with the Bidder for accuracy if that is deemed necessary by MUSL.

1.13 Proposals Valid for 365 Days

Proposals must be valid for 365 days after the final submission date.

1.14 Submission of Proposal

Bidders must submit the proposals via email, download link, or by delivery of an electronic memory device. Electronic submissions must be readable using Microsoft Windows and Office standard programs (Word, Excel, PowerPoint, Publisher), as a PDF file, or as a standard media file (JPG, GIF, PNG, WMV, MP4, MPG, MOV, MP3). Bidders may also submit one printed proposal by verified delivery, though not required, to assure timely deliver. Bidders may also submit one copy of printed or constructed material as may be necessary to demonstrate their proposal.

Each proposal must also be accompanied by a signed copy of: (1) APPENDIX A - Bidder’s Certification, certifying authority for the Bidder and acknowledging an understanding the terms of the ITB, and (2) APPENDIX B - Covenant Not to Sue.

Your complete response to this ITB must be received by MUSL on or before October 20, 2014.

Proposals will be opened in the presence of at least two MUSL executives but will not be opened in public so that confidential material may be ascertained.

of 19



1.15 Dates Relevant to this ITB

All dates are subject to change by MUSL.

September 16, 2014 ITB available to potential Bidders

September 29, 2014 Bidders’ initial questions are due

October 1, 2014 MUSL responses to Bidder’s questions due

October 6, 2014 Bidders’ follow-up questions due

October 8, 2014 MUSL second responses due

October 20, 2014 Proposals due

October 20, 2014 Proposal opening; Evaluation Comm. Review Begins

October 27, 2014 Invitation for Presentation by finalist bidders

November 3-7, 2014 Bidder Presentations (if required)

November 12, 2014 Evaluation Committee recommendation

November 14, 2014 Contractor Selection by Powerball Group

November 14, 2014 Contract Negotiations Begin

January 3, 2015 First Powerball Drawing under the Awarded Contract

of 19



SECTION 2

GOALS AND SUBSTANTIVE REQUIREMENTS OF THE ITB

2.1 Goals

2.1.1 MUSL is inviting interested parties to submit proposals for studio and production of the Powerball lottery game drawings. The Powerball drawings occur bi-weekly at 10:59pm ET on Wednesday and Saturday evenings. All costs for providing and updating the Powerball lottery game studio and production services must be included within the proposed cost (see Section 5).

The anticipated contract term will be one (1) year with four (4) one-year renewals at MUSL’s option.

2.1.2 GENERAL NEEDS

The selected bidder shall produce MUSL’s live High Definition, widescreen POWERBALL drawing shows and shall provide the necessary facilities, equipment, personnel, technical expertise and creative advice necessary for that purpose, all under the direction and control of MUSL.

Unless it is specifically excluded in this document, the production facility will be expected to provide all materials, labor, technical expertise, equipment and communications services necessary to produce the show and uplink it live to satellite.

2.2 PRODUCTION

MUSL reserves the right to change the below described drawing description, procedures or format at any time.

2.2.1 The Selected Bidder shall provide production facilities including a drawing studio for the Multi-State Lottery Association drawings which are held on Wednesday and Saturday nights at 10:59 p.m. Eastern Time.

2.2.2 Every Wednesday and Saturday beginning at 9:15 p.m. Eastern Time, MUSL representatives will arrive at the studio, remove the drawing equipment from a secure vault, set up the drawing equipment on the set, perform tests and rehearsals and conduct a live drawing at 10:59 p.m. Eastern Time. The drawing shall be 56 seconds in duration.

2.2.3 The Selected Bidder will provide a production team consisting of all personnel required for a live broadcast and uplink of the Powerball draw show.

of 19



2.2.4 The Selected Bidder shall provide the facilities, equipment, and production staff necessary and capable of producing a live television show of superior quality. The show now requires three HD cameras and instant on screen character generation as the numbers are drawn. The Selected Bidder is an independent contractor; however, MUSL reserves the right to reject any of Selected Bidder's personnel if MUSL determines that such person's job skills or criminal history does not meet MUSL standards.

2.2.5 The Selected Bidders shall provide a redundant uplink path, one feed for HD and another feed for a standard analog signal, that may be required for some of our TV stations throughout the nation.

2.2.6 The drawing show must be broadcast three times, live at 10:59 pm. Eastern with immediate re-feeds at 11:00 and 11:01 p.m. Eastern Time.

2.2.7 MUSL representatives will perform tests on the drawing equipment before securing it into the studio vault and will leave the studio at approximately 11:15 p.m. Eastern Time. The selected production facility shall keep the studio and personnel available for production past 11:15 p.m. if necessary due to technical problems. This has occurred no more than five times in the past 350 draws.

2.2.8 The drawing show will include animation, music and graphics as required by MUSL including the display of numbers drawn entered by a Selected Bidder employee. Animation and music shall be provided by MUSL.

2.2.9 The Selected Bidder shall provide facilities and necessary equipment (such as tables, chairs and lighting) for four MUSL staff persons who will be performing work on the studio set from approximately 9:30 p.m. Eastern Time until 11:15 p.m. Eastern Time on Wednesdays and Saturdays. The Selected Bidder must provide three (3) high speed Internet connections (2 lines minimum 50MB download and 10MB upload; 1 line minimum 10MB download and 5MB upload), preferably from a minimum of two (2) separate vendors. Selected Bidder shall arrange and pay for the installation of the internet connections and the Selected Bidder shall pay for the internet service.

2.2.10 MUSL will also need to have access to the facility on a periodic basis for machine maintenance or other draw related issues.

2.2.11 The Selected Bidder shall provide the Host’s wardrobe, and a dressing and makeup area for the show's host. The Selected Bidder shall provide a capable makeup person as a part of their technical staff.

2.2.12 Selected Bidder will provide on-going assistance and creative advice throughout the term for the design and content of the Show, including host interaction with the draw machines and cameras, edits and shot suggestion.

2.2.13 The Selected Bidder shall provide assistance in providing access to news media and the public, as necessary. To date, such access has been on an occasional basis.

of 19



2.2.14 The Selected Bidder shall provide a studio facility which can be secured during the live broadcast.

2.2.15 The Selected Bidder shall maintain a copy of each Powerball® drawing Show produced and upload a high quality copy of each Show to drawing officials designated by MUSL in agreed upon common formats after each draw to an SFTP location provided by the MUSL, From time to time, MUSL may request additional copies of the Show in other formats, which Selected Bidder will provide if the format’s production is within Selected Bidder’ technical ability to provide.

2.2.16 The Selected Bidder shall provide all post production, including editing, if required.

2.2.17 MUSL shall have complete and total approval authority of all or any part of the broadcast, production and transmission plans and shall have the expressed right to modify, change, or delete all or any part of the plans.

2.2.18 MUSL retains full ownership of all rights associated with the drawing. All material produced under the contract shall be the sole property of MUSL. Work performed and services provided by the Selected Bidder shall be deemed to be "work for hire" and MUSL shall have the right to reproduce or use any products derived from the Selected Bidder's work under the contract without payment of any royalties, fees, etc.

2.2.19 The selected Bidder shall produce, as a part of the cost of this Contract, a minimum of three (3) pre-recorded “drawing postponed” videos per year with the host. This recording is run during scheduled draw airing time when technical difficulties require postponement.

2.2.20 MUSL shall provide a minimum of eight (8) security cameras, and Selected Bidder shall assist MUSL in the installation of security cameras and audio equipment in the studio and the vault areas at the direction of the MUSL. This is done for the purpose of visual and audio communication between staff at the studio and at the central office. The Selected Bidder shall provide the telecommunications service (as referenced in 2.2.7) necessary for live transmission from the security cameras and audio equipment to MUSL’s headquarters in Urbandale Iowa and additional lottery headquarters as directed by MUSL.

of 19



2.2.21 From time to time during the Term, MUSL may conduct drawings off-site on non-bidder property. All costs associated with such remote drawings shall be paid for by MUSL. The Successful bidder will be required to provide production personnel at the remote drawing location as required by the MUSL; costs for such personnel including reasonable travel expenses will be paid for by the MUSL.

Notwithstanding the foregoing, Selected Bidder shall be prepared to conduct the drawings from the normal studio facilities during times of remote drawings off-site and shall also incorporate standard graphic and transmission elements into remote drawing uplinks at no additional charge to the MUSL. Selected Bidder shall not be required to provide a remote truck and camerawork for remote drawings except as separately agreed to and for a fee to be mutually determined at that time.

2.2.22 All Powerball drawings are 56 seconds in length. The Selected Bidder is responsible for compression and transmission of all drawings. A pre-production, production and post-production time of approximately two-and-one-half hours is typical for each drawing to accommodate set-up, rehearsals, production, compression and transmission of each drawing. However, Bidder staff will be expected to stay until released by the Lottery’s Draw Manager.

2.2.23 The Selected Bidder shall provide a Video Engineer, who must be certified in broadcast repair, for emergency repairs and regularly scheduled monthly maintenance throughout the term of the Contract, including any renewals.

2.2.24 Production Meetings. The Selected Bidder will be required to meet with Lottery representatives to evaluate production flow, receive new assignments and discuss monthly scheduling. MUSL will reimburse Selected Bidder any and all travel costs to attend such meetings.

2.2.25 Equipment Requirements. The Selected Bidder will provide all acceptable equipment for production of the live and recorded Powerball drawings as described herein and miscellaneous video production services as needed. The Selected Bidder will be responsible for maintenance, repair, or replacement of equipment as warranted throughout the contract term, including any renewals.

2.2.26 The Selected Bidder shall develop a plan to ensure back-up equipment will be available in the event of equipment failure. The plan will facilitate timely performance of the services required in the Contract. The plan is subject to MUSL approval. The Selected Bidder’s installed equipment shall not exceed the mechanical and electrical heat load design of the Florida Lottery’s Draw Studio.

2.2.27 The Selected Bidder’s employees and family members living within the employee’s households shall be prohibited from playing Powerball, and the Selected Bidder shall provide MUSL with the names and social security numbers and dates of birth of all employees and family members of employees living in the employee’s household for verification purposes.

of 19



2.2.28 The Selected Bidder must provide options that allow a third party contractor of MUSL to connect video and telecommunications equipment to Selected Bidder’s equipment for the purpose of that third party contractor directly receiving live video to be processed and forwarded to alternate destinations. Selected Bidder will not be responsible for communication costs relating to the third party video transmission.

2.3 SET DESIGN, CONSTRUCTION, ASSEMBLY AND MAINTENANCE

2.3.1 The current POWERBALL set requires a 30’ x 40’ stage area, minimum. The Selected Bidder may provide the drawing show set including set design, construction, assembly, storage and maintenance. All set designs must be approved by the MUSL.

2.3.4 MUSL will pay for the cost of drawing machines and ball sets and the maintenance of the drawing machines and ball sets.

2.3.5 The Selected Bidder shall light the set.

2.4 VAULT

2.4.1 The Selected Bidder shall provide a secure vault for the storage of four drawing machines, ball sets, and other drawing equipment of at least 384 square feet with doorway height of at least 80” and a ceiling height of at least 96”. The largest items are the drawing machines which are each 6'6" high and approximately 4' square. The vault must be constructed with only one entry. The vault shall have a metal entry door ready for the installation of two deadbolt locksets and be capable of fastening a metal seal (this requires two metal loops welded to the door and frame which are adjacent to each other when the door is closed). Only MUSL authorized personnel shall have access to the inside of the vault.

MUSL will arrange and pay for the installation of locksets on the vault door.

2.4.2 The Selected Bidder shall provide at least four dual electrical receptacle outlets providing standard 120-volt AC electrical current on UPS conditioned power with backup power, and also 4 double gang 4 plex outlets with each double gang box having a dedicated 120 volt 20 amp UPS conditioned power source with backup power. These outlets will be used to test equipment inside the vault and to operate the vault alarm system.

MUSL will arrange and pay for the installation, maintenance, and service costs of the vault alarm system.

of 19



2.4.3 The vault must be located near the studio set where the drawing is to be produced. MUSL must be able to move the drawing equipment from the vault to the set in a timely manner and not have to travel through areas which are not temperature controlled and reasonably secure.

2.4.4 The vault shall be temperature controlled so that the drawing equipment is not exposed to temperature extremes and remains at approximately the same temperature as where the equipment will be operated.

2.4.5 The Selected Bidder must provide security personnel as directed by MUSL to secure the drawing equipment, vault, live real winning numbers and otherwise as needed to maintain the integrity of MUSL’s drawing process during each show.

2.5 UPLINK AND COMMUNICATIONS

The Selected Bidder shall provide all the necessary personnel and equipment needed to distribute the drawing show through a satellite to television stations broadcasting the drawing show. These duties shall include transmitting these signals to C-band and KU uplinks and then to the satellite. The Selected Bidder shall use its best efforts to assure that the audio and video signals are distributed without any loss of audio or video quality beyond normal engineering standards.

MUSL requires connections to transmit the drawing show in both digital and analog signals and in both KU- and C-Bands:

(1) from the drawing studio to the uplink facilities;

(2) from the uplink facilities to the satellite; and

(3) for satellite airtime for transmissions from the satellite to the stations - Satellite time of 14 minutes before and 16 minutes after each draw is required (10:45:00 p.m. to 11:15:00 p.m. Eastern Time).

Bidders must describe their willingness to be responsible for establishing, operating and paying for all or some of these connections, and which connections they are not willing to be responsible for. If the Selected Bidder is unwilling to be responsible for establishing, operating and paying for each of these connections, Selected Bidder must provide a Vyvx connection for drawing show transmissions.

The Selected Bidder’s crew will receive and record return air checks from each uplink for each drawing conducted at Bidder’s facilities.

In the event that the Selected Bidder is unable to distribute the signals at the specified time due to the Selected Bidder’s error, the Selected Bidder’s duties shall also include contacting the television stations broadcasting the drawing show to indicate the time at which the signals will be distributed and arranging for satellite time so that the re-feed can be completed. These duties will be performed without additional cost to the MUSL.

of 19



2.6 POWER BACK-UP

The Selected Bidder shall provide a power back-up system which will allow the drawing to be held in the event of power failure.

2.7 DRAWING SHOW HOST AND BACKUP HOST(S)

It is anticipated that the show will use a live host. The Selected Bidder shall provide a draw host and backup host(s) to act as master of ceremonies for the Powerball television drawing show or to assist in finding a host.

The Selected Bidder must conduct Talent auditions, selections and coordinate background investigations to be performed by MUSL through the MUSL on a schedule to be mutually agreed upon with the MUSL.

The MUSL reserves the right to interview and approve/disapprove Talent throughout the term of the Contract, including any renewals.

The Selected Bidder, host and backup host(s) shall agree to grant to MUSL the right to use, publish, and copyright the host and backup host(s)’ name, voice, picture, portrait and likeness in all media and types of advertising for MUSL’s purpose.

Selected Bidder and the host and backup host(s) agrees that all photographs of the host and backup host(s) used and taken by MUSL are owned by MUSL and that MUSL may copyright material containing such photographs. If the Selected Bidder or the host or backup host(s) should receive any copy of the photographic material, the Selected Bidder shall not authorize its use by anyone else without the prior written approval of the MUSL.

The Selected Bidder, host and backup host(s) shall agree that no advertisement or other material shall need to be submitted to them for approval.

The Selected Bidder acknowledges that any public performances on behalf of other clients by the host or backup host(s) may have an adverse effect on the marketing efforts of MUSL. The Selected Bidder agrees that the host or backup host(s) shall not endorse, advertise, or promote a political candidate, a political party; an ideology, alcoholic beverages, tobacco products, or any films, books, recordings, or other materials which could be regarded as pornographic or obscene.

The Selected Bidder shall abstain from speaking or writing about the administration, technology, accounting practices, security procedures, trade secrets, or marketing strategies of MUSL or its Participating Lotteries. The Selected Bidder shall not represent that they are official spokesperson(s) for MUSL or its Participating Lotteries.

of 19



SECTION 3

EXPECTED PROPOSAL DETAILS

3.1 Content of Proposal - REQUIRED

Bidders MUST include the following, if relevant, for each concept submitted.

Bidders may submit more than one concept, but each proposal must include the following, if relevant.

Each proposal must respond in the order of this ITB’s subsection numbers (2.2A, 2.2B, etc.) and note each subsection number before each proposal element, including a N/A response if the subsection is not applicable.

Each proposal must provide:

A. A clear description of the studio, proposed set design and Powerball drawing production;

B. Bidders must indicate their capabilities to produce the drawing live with satellite uplink;

C. A timeline showing milestones and final delivery of the Powerball Drawing Show;

D. Experience with producing live television events;

E. Specific identification of all costs, fees, license costs, intellectual property charges, or charges of any kind that you expect MUSL or the lotteries to pay for the Powerball drawing show services. Costs of any kind not disclosed in Section 5 will be not be included in a final contract;

F. Bidder must describe staffing.

of 19



SECTION 4

BIDDER DETAILS

The Bidder MUST provide the following detailed information in Section 4 of its Proposal.

4.1 Name and address of company (or other business entity) submitting the proposal.

4.2 Type of business entity (e.g., corporation, partnership).

4.3 Place of incorporation, if applicable.

4.4 Name and location(s) of major offices and other facilities that relate to the interested party’s performance under the terms of this ITB.

4.5 Name(s), address(es), and function(s) of any and all subcontractors and independent contractors, associated companies, or consultants to be involved in any phase of this project, with an explanation of their respective roles.

4.6 Name, address, e-mail address, voice telephone number, and fax number of interested party’s representative to contact regarding all matters concerning this proposal.

4.7 Financial statements upon request. Note: If a Bidder who has submitted a proposal in response to this ITB experiences a substantial change in financial condition prior to the award of a contract pursuant to this ITB, or if a selected Bidder experiences a substantial change in financial condition during the term of a contract with MUSL, notification in writing must be submitted to MUSL at the time the change occurs or is identified.

4.8 Each bidder must include in its proposal a complete disclosure of any pending civil or criminal litigation or investigation involving the company, including any litigation under appeal. This is a continuing disclosure requirement; any litigation or investigation commencing after submission of a proposal, including after a contract award, must be disclosed in a timely manner in a written statement to MUSL. Failure to notify MUSL of an investigation may result in rejection of the bidder's proposal or termination of the contract.

4.9 Resumes for all managers who would be assigned to MUSL contract.

4.10 Identify no more than two comparable engagements conducted by the Bidder within the last five years. Indicate the key contact’s name, title email address, and voice telephone number for each engagement.

4.11 Identify any patents, trademarks copyrights or other intellectual property offered for use or required for use in the Proposal.

of 19



SECTION 5

COST AND FEE DETAILS

In a separate section entitled PROPOSAL DETAILS, the Bidder MUST set out ALL COSTS AND FEES expected to be paid by MUSL for the products and services offered in the Proposal.

Neither MUSL, nor the lotteries, will pay more than the proposal amount proposed unless MUSL determines to negotiate for an increase or improvement in the product or services offered.

of 19



APPENDIX A

BIDDER CERTIFICATION

I certify that I have received and understand the ITB and that I have the authority to bind the Bidder indicated below to the specific terms and conditions imposed in the ITB, and that by my signature on this document, the Bidder specifically agrees to all of the waivers, restrictions, and requirements of the ITB as conditions precedent to submitting this proposal.

I further certify that in making this proposal the indicated Bidder has not consulted with others for the purpose of restricting competition and will not consult or reveal the contents of its Proposal, and has not obtained, by any means, information about another Bidder’s Proposal.

I further acknowledge receipt of the anticipated contract terms and do hereby state that:

( ) I have no significant issues with the anticipated contract terms, or

( ) I have significant issues with the anticipated contract terms and the issues are stated on an attached sheet.

I hereby waive any demand that materials be treated as confidential proprietary, or as a trade secret, except as clearly marked on each pertinent page of the Proposal.

I further certify that the Bidder indicated below is willing and able to provide the goods and services stated in its Proposal at the cost stated in its Proposal and AGREES to be bound by its Proposal for a period up to 365 days after submission of the Proposal, conditioned upon execution of a contract, which shall not be unreasonably delayed or denied by Bidder.

Signed and dated this _____ day of ________, 2014.

______________________________________________

Name: _________________________________________

Title: __________________________________________

Bidder (entity submitting proposal):

of 19



APPENDIX B

COVENANT NOT TO SUE

______________________ (Company Name) of ___________________________ (Address), (hereinafter “Bidder”), in consideration for submitting a Proposal to provide goods and services to the Multi-State Lottery Association (hereinafter “MUSL”) covenants and agrees not to institute any action or suit at law, in equity or any administrative action, against MUSL, any Participating Lottery of MUSL, or any of its officers, employees, or agents thereof, in any forum, now or hereafter, to contest or delay the award of any contract resulting from the ITB. I acknowledge MUSL’s right of redress through criminal actions, if applicable.

In executing this covenant, Bidder expressly reserves any and all rights, causes of action, claims, and demands against any person, firm, or corporation other than the aforementioned parties.

Executed this ______ day of ________________, 20___.

_____________________

Authorized Signature

_____________________

Title

State of ________________ )

County of ______________ )

The foregoing Covenant Not to Sue was subscribed, sworn to, and acknowledged before me by __________________, on behalf of _____________________, this _____ day of ______________, 20___.

(seal) ____________________________

Notary Public

of 19

INVITATION TO BID - publicgaminginternational.com€¦ · Web viewMUSL will accept joint bids from...

Documents

Transcript of INVITATION TO BID - publicgaminginternational.com€¦ · Web viewMUSL will accept joint bids from...