invitation to bid - florida lottery · part 1: definitions florida lottery invitation to bid...

Florida Lottery Procurement Management 250 Marriott Drive Tallahassee, Florida 32301

Invitation to Bid Issue Date: January 25, 2016

Holiday Envelope and Easel Back Counter Display Holders Project Number: 028-15/16

TABLE OF CONTENTS

PAGE

PART 1-DEFINITIONS ............................................................................... 1 PART 2-SOLICITATION PROCESS, SCHEDULE AND CONSTRAINTS ................ 3 2.1 Introduction .................................................................................................. 3 2.2 Procurement Authority ................................................................................... 4 2.3 Applicable Laws and Procedures .................................................................... 4 2.4 Issuing Officer, or Designee ........................................................................... 4 2.5 Restrictions on Communication ....................................................................... 5 2.5.1 Hiring and Other Business Relationships with Lottery Staff.................................. 5 2.6 Schedule of Events ........................................................................................ 5 2.7 Addenda or Notices ..................................................................................... 6 2.8 Vendor Questions ......................................................................................... 6 2.9 Public Records Request .................................................................................. 6 2.10 Protests ........................................................................................................ 7 2.11 Vendor Felonies, Convicted Vendor List, Discriminatory Vendor List .................... 7 2.12 Costs Associated with Bid .............................................................................. 8 2.13 Persons Requiring Special Accomodations ....................................................... 8 2.14 Bid Receipt and Opening .............................................................................. 8 2.15 Disclosure and Ownership of Bid Contents by the Lottery................................... 9 2.16 Withdrawal From Consideration ..................................................................... 9 2.17 Clarification Process ...................................................................................... 9 2.18 Non-Responsive Bids ..................................................................................... 9 2.19 Disqualification for Non-Responsibility........................................................... 10 2.20 Identical Tie Bids ........................................................................................ 10 2.21 Florida Based Business Preference ................................................................ 10 2.22 Acceptance or Rejection of Bids ................................................................... 10 2.23 Notice of Agency Decision .......................................................................... 11 2.24 Contracting Officer ..................................................................................... 11 PART 3 - PREPARING AND SUBMITTING BIDS .......................................... 12 3.1 Bid Format ................................................................................................. 12 3.1.1 Binding Bids/ Tenure .................................................................................. 13 3.1.2 References ................................................................................................. 13 3.2 Financial Review......................................................................................... 13 3.3 Background Investigations and Disclosures .................................................... 14 3.4 Bid Sheet ................................................................................................... 15

ATTACHMENTS

Attachment ................ A Special Terms and Conditions Attachment ................ B Examples with Die Cuts Attachment ............... C Allocations Attachment ................ D Bid Price Sheet Attachment ................ E References

Procurement Library (Hyperlinked)

Vendor Diversity Agreement Terms Mandatory Requirements of Agreement RESPECT of Florida Agreement Terms

Vendor Personal Profile Form Disclosure Affidavit

Certification as to a Drug Free Workplace

PART 1: DEFINITIONS

Florida Lottery Invitation to Bid #028-15/16 Page 1 Holiday Envelopes and Easel Back Holders

Agreement - The two-party signature document (or three-party in the event a parent company serves as financial guarantor or a joint Bid) entered into between the Lottery and the successful Vendor of this Solicitation. The Agreement will incorporate the terms of all related Solicitation documents, including but not limited to any addenda to the Solicitation and the successful Vendor's Bid.

The terms “Contract” and “Agreement” may be used interchangeably. The Agreement may be in the form of a Purchase order, Authorization to Purchase or two party signature document.

In the event of a conflict in language among any of the documents referenced above, the provisions and requirements of the Agreement will govern. Apparent Successful Vendor - The Vendor submitting the lowest total average unit cost pending successful completion of the financial review and the background investigations pursuant to Section 3 of this Solicitation. If the financial review or background investigation provides an unfavorable outcome, the Lottery will move to the next Vendor with the lowest Bid.

Authorized Representative - The owner, corporate officer or director of the Vendor, or party authorized to legally bind it in a contractual obligation. If the Authorized Representative delegates signature authority, then the Vendor must provide a notarized statement identifying the representative who has the authority to legally bind the Vendor in a contractual obligation.

Bid - All materials submitted by a Vendor in response to this Solicitation. Business Day - Monday through Friday except legal holidays observed by the State of Florida, Saturdays and Sundays. The terms "working days" and "business days" may be used interchangeably. Certified Minority Business Enterprise (CMBE) - A business which has been certified by the Florida Department of Management Services, Office of Supplier Diversity, to be a minority business enterprise. Contractor - The Vendor with whom the Lottery executes an Agreement to provide the required commodities or contractual services, pursuant to this Solicitation. Day - A calendar day. Invitation to Bid (ITB) - The process used to communicate procurement requirements and request responses from interested vendors. A written or electronically posted solicitation for competitive sealed bids to select a vendor for the procurement commodities or contractual services. Lottery - The State of Florida, Department of the Lottery. MyFloridaMarketPlace - The State of Florida, eProcurement System.

PART 1: DEFINITIONS

Florida Lottery Invitation to Bid #028-15/16 Page 2 Holiday Envelopes and Easel Back Holders

Principal Place of Business - The physical location from which the Vendor’s high level officers direct, control and coordinate the Vendor’s activities. Purchase Order - Electronic document for the procurement of commodities and/or services issued through MyFloridaMarketPlace. Responsible Vendor - A Vendor determined by the Lottery to have the capability in all respects to perform fully the Agreement requirements and to have the integrity, security and reliability, which will assure good faith performance. Responsive Bid - A timely submitted Bid which conforms in all material respects to this Solicitation. Secretary - The Secretary of the Florida Lottery or an employee of the Lottery authorized to act on behalf of the Secretary. State - The State of Florida and its departments, boards and commissions, officers and employees. Successful Vendor - The Vendor to whom the Lottery awards and with whom the Lottery intends to execute an Agreement pursuant to this Solicitation. Vendor - Any organization, entity, joint venture or person submitting materials to the Lottery in response to this Solicitation. Vendor Bid System - The State of Florida centralized, internet-based vendor information system at: http://vbs.dms.state.fl.us/vbs/main_menu.

http://vbs.dms.state.fl.us/vbs/main_menu

Florida Lottery Invitation to Bid # 028-15/16 Page 3 Holiday Envelopes and Easel Back Holders

PART 2: SOLICITATION PROCESS, SCHEDULE AND CONSTRAINTS 2.1 INTRODUCTION

The Florida Lottery is a unique state agency that functions as an entrepreneurial enterprise to generate funds for enhancement of public education. The Holiday Envelopes and Easel Back Counter Displays are seasonal Point of Sale (POS) tools used to communicate Lottery games and promotions for increased sales. The purpose of this Solicitation is to establish an Agreement with a qualified Vendor to accurately and timely produce and distribute Florida Lottery POS Holiday Envelopes and Easel back Counter Display Holders that meet or exceed the objectives and specifications outlined herein.

• Provide holders sturdy enough to use throughout the holiday season and beyond, including proper adhesive and support to stay upright with or without the envelopes.

• Provide envelopes that hold form and stay sealed where specified. • Ensure items are produced with a high level of workmanship and product quality. • Ensure items have a sharp and crisp image. • Deliver to Lottery Headquarters and District offices throughout the state (Attachment

C).

Vendors can ensure their company is registered to receive e-mail notification of advertisements, addenda and notices by visiting the following link: http://www.myflorida.com/apps/vbs/vbs_www.main_menu and selecting the “Electronic Notification” link. The commodity codes vendors should register for pertaining to this Solicitation are: 44122000 Folders and Binders; 55101515 Promotional Material; 73151803 Die Cutting Services; 73151900 Industrial Printing Services; 73151905 Digital Industrial Printing Services; 80141630 Direct Marketing Print Service; 82121503 Digital Printing; and 82121505 Promotional or Advertising Printing. The Lottery hereby incorporates by reference the material and attachments contained herein, and addenda to this Solicitation, as well as the Library of Procurement Information and Standard Forms (the “Library”) pertinent to the preparation of Replies and the understanding of the Agreement requirements, with each applicable document/form identified as a hyperlink in this Solicitation. The Library is located on the Lottery’s Internet site and the URL is: http://www.flalottery.com/solicitations.do. If unable to read or download material from this site, Vendors should contact the Issuing Officer identified in Section 2.4. It is the sole responsibility of Vendors to monitor this site, as additional notifications may not be provided when information or materials are added. Disclosure of Bid contents by a Vendor or agent of the Vendor prior to the Bid becoming a public record may result in rejection of the Bid at the Lottery’s discretion. The Lottery reserves the right, at its sole discretion, to cancel this Solicitation at any time during the Solicitation process.

http://www.myflorida.com/apps/vbs/vbs_www.main_menu

http://www.flalottery.com/solicitations.do


Throughout this Solicitation, where it is logical and reasonable to do so, the singular may be read as the plural and the plural as the singular.

2.2 PROCUREMENT AUTHORITY

Vendors preparing a Bid should be familiar with the Florida Public Education Lottery Act (“Lottery Act”), which establishes the purpose, powers, duties, and procedural framework of the Lottery. The Lottery Act, Chapter 24, Florida Statutes, may be found at www.leg.state.fl.us.

This Solicitation and all activities leading up to execution of an anticipated Agreement pursuant to this Solicitation are conducted pursuant to Chapters 24 and 287, Florida Statutes; Rule 53ER07-55; and Chapter 60A, Florida Administrative Code, as applicable. The Lottery considers it to be in the best interests of the State of Florida to acquire the commodities and services described herein through a competitive procurement process.

2.3 APPLICABLE LAWS AND PROCEDURES

Applicable provisions of all federal, state, county and local laws and administrative procedures, regulations, or rules will govern the development, submittal and evaluation of all Bids received in response hereto and will govern any and all claims and disputes which may arise between persons submitting a Bid hereto and the Lottery. Lack of knowledge of the law or applicable administrative procedures, regulations or rules by any Vendor will not constitute a cognizable defense against their effect.

2.4 ISSUING OFFICER, OR DESIGNEE

The Issuing Officer or designee, acting on the Lottery's behalf, is responsible for issuing this solicitation, along with any changes, additional materials, or addenda. The issuing officer is the sole point of contact with regard to all procurement matters relating to this Solicitation, from the date of issuance of this Solicitation until the Lottery’s Notice of Agency Decision. All communication concerning this Solicitation should be addressed in writing to the Issuing Officer:

Ms. Kathy Peterson

Procurement Management Florida Lottery

250 Marriott Drive Tallahassee, Florida 32301

FAX: (850) 487-7760 Email: [email protected]

All emails to the Issuing Officer should contain the Solicitation number in the subject line of the email.

http://www.leg.state.fl.us/

mailto:[email protected]


2.5 RESTRICTION ON COMMUNICATIONS

Vendors responding to this Solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the seventy-two hour period following the Lottery posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Issuing Officer or designee. Violation of this provision may be grounds for rejecting a Bid. The Vendor warrants that no person or selling agency has been employed or retained to solicit or secure an agreement pursuant to this Solicitation upon an agreement or understanding for a commission, percentage, brokerage or contingent fee (“Commission”). The Lottery may terminate the Agreement for cause pursuant to Section 25.1 of Attachment A hereto for breach or violation of this warranty, and will deduct from sums owed under the Agreement or otherwise recover the amount of any Commission paid in violation of this warranty. Vendors will not induce or attempt to induce any person or entity to submit or not submit a Bid pursuant to this Solicitation. The Lottery may terminate this Agreement for cause pursuant to Section 26.1 of Attachment A hereto for violation of this prohibition. 2.5.1 Hiring and other Business Relationships with Lottery Staff During the period from Solicitation issuance until execution of an anticipated Agreement pursuant to this Solicitation, Vendors are prohibited from officially or unofficially making any employment offer or proposing any business arrangement whatsoever to any Lottery employee. Violation of this prohibition may result in disqualification from this Solicitation or termination of the Agreement for cause pursuant to Section 25.1 of Attachment A hereof, as applicable.

2.6 SCHEDULE OF EVENTS

The following event dates and times are set forth for informational and planning purposes. The Lottery reserves the right to change any of the dates or times.

EVENT DUE DATE AND TIME APPLICABLE INFORMATION & LOCATION

Solicitation Advertised /

Released January 25, 2016 Posted to the Vendor Bid System at:


Questions Submitted in

Writing

Must be received PRIOR TO:

February 2, 2016

3:00 p.m., ET

Submit to: Florida Lottery Procurement Management Attention: Kathy Peterson 250 Marriott Drive Tallahassee, FL 32301 Fax: (850) 487-7760 Email: [email protected]


mailto:[email protected]


EVENT DUE DATE AND TIME APPLICABLE INFORMATION & LOCATION

Answers to Questions

TBD February 9, 2016

Posted to the Vendor Bid System at: http://vbs.dms.state.fl.us/vbs/main_menu

Sealed Bids Due

Must be received PRIOR TO:

February 16, 2016

3:00 p.m., ET

Submit to: Florida Lottery Procurement Management Attention: Kathy Peterson 250 Marriott Drive Tallahassee, FL 32301

Bids Opened February 16, 2016 3:30 p.m., ET

PUBLIC MEETING Florida Lottery 250 Marriott Drive Tallahassee, Florida 32301

Notice of Agency Decision posted

To Be Determined Posted to the Vendor Bid System at: http://vbs.dms.state.fl.us/vbs/main_menu

2.7 ADDENDA OR NOTICES Any addenda or notices for this Solicitation will be posted on the State of Florida, Vendor Bid System (VBS). Potential Vendors must monitor the website for addenda and notices issued relating to this Solicitation.

2.8 VENDOR QUESTIONS

Vendors may submit written questions or requests for clarification regarding the Solicitation terms, conditions, requirements, and Bid submission as described in this section.

Questions or requests for clarification or changes to the Solicitation must be received, in writing (mailed, hand-delivered, faxed, or e-mailed), by the Issuing Officer by the time indicated in Section 2.6: Schedule of Events.

Oral questions or those submitted after the period specified in the Schedule of Events will not be addressed.

Answers to questions submitted in accordance with the Solicitation Schedule of Events will be issued as an addendum to the Solicitation. Vendors should not disclose cost information in Solicitation questions as this may result in disqualification of the Bid.

2.9 PUBLIC RECORD REQUESTS

Public records requests submitted by Vendors will be answered as promptly as possible in the ordinary course of business.




2.10 PROTESTS Any person adversely affected who disputes the reasonableness or appropriateness of the terms,

conditions, specifications and/or processes of this Solicitation or any subsequent addenda must, pursuant to Section 24.109, Florida Statutes, file a formal written protest in appropriate form within seventy-two hours, excluding State holidays, Saturdays, and Sundays, of the posting of the Solicitation or any subsequent addenda.

Any Vendor who disputes the Lottery’s Notice of Agency Decision must, pursuant to Section 24.109, Florida Statutes, file a formal written protest in appropriate form within seventy-two hours, excluding State holidays, Saturdays, and Sundays, of the posting of the Notice of Agency Decision.

Any Vendor filing a formal written protest must, at the time of filing, post a bond, payable to the

Lottery, in the amount of one percent of the estimated Agreement value as set forth in Section 287.042(2)(c), Florida Statutes. The Lottery will estimate the Agreement value for this purpose. Failure to file a formal written protest accompanied by the required bond within the time prescribed in Section 24.109, Florida Statutes, will constitute a waiver of proceedings under Chapter 120, Florida Statutes.

All filings must be made with the Agency Clerk only and are considered “filed” when stamped by the official stamp of the Agency Clerk. It is the responsibility of the filing party to meet all filing deadlines.

Agency Clerk Florida Lottery

250 Marriott Drive Tallahassee, Florida 32301

Pursuant to Section 120.57(3)(f), Florida Statutes, no submissions made after the bid opening which amend or supplement the bid shall be considered.

2.11 VENDOR FELONIES, CONVICTED VENDOR LIST, DISCRIMINATORY VENDOR LIST Consistent with Florida Law, no Vendor may submit a Bid or will be awarded an Agreement if any of the following conditions exist:

1. The Vendor or any of its officers, directors, joint venturers, partners, or trustees have been convicted of, or entered a plea of guilty or nolo contendere to a felony committed in the preceding ten years, regardless of adjudication, unless the Lottery determines that: (i) the Vendor (or such an individual) has been pardoned or the Vendor’s (such individual’s) civil rights have been restored; (ii) subsequent to such conviction or entry of plea, Vendor (or such an individual) has engaged in the kind of law-abiding commerce and good citizenship that would reflect well upon the integrity of the Lottery; or, (iii) if the Vendor is not an individual, the Vendor has terminated its relationship with the individual whose actions directly contributed to Vendor’s conviction or entry of a plea.

2. Vendor’s name appears on the convicted or discriminatory vendor lists maintained by the State of Florida, Department of Management Services in accordance with Sections 287.133 and 287.134, Florida Statutes.


3. An entity, person or affiliate who has been placed on the discriminatory vendor list or the convicted vendor list following a conviction for a public entity crime may not:

• submit a bid, proposal, or reply for an agreement to provide any goods or services to a public entity;

• submit a bid, proposal, or reply for an agreement with a public entity for the construction or repair of a public building or public work;

• submit a bid, proposal, or reply on leases of real property to a public entity; • be awarded or perform work as a contractor, supplier, subcontractor, or

consultant under an agreement with any public entity; • transact business with any public entity, if on the discriminatory vendor list; or • transact business with any public entity in excess of the threshold amount provided

in Section 287.017 for Category Two for a period of 36 months following the date of being placed on the convicted vendor list.

4. No company on the Scrutinized Companies with Activities in Sudan List; the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or are engaged in business operations in Cuba or Syria may submit a Reply for or enter into an Agreement with an agency for goods or services of $1,000,000 or more. In submitting a response to this Solicitation, the Vendor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and is not engaged in business operations in Cuba or Syria. If a Vendor submits a false certification, its Reply may be deemed non-responsive and any Agreement subsequently entered into with the Lottery may be terminated by the Lottery.

Vendor represents and warrants that it will promptly notify the Lottery if it is placed on the convicted vendor list, the discriminatory vendor list or the scrutinized companies list during this procurement process or Agreement term.

2.12 COSTS ASSOCIATED WITH BID

Neither the Lottery, nor the State of Florida, will be liable for any costs or liabilities incurred by a Vendor in preparing or submitting a Bid, including, but not limited to preparation, copying, postage, travel, samples, delivery fees, lodging, attorney’s fees and other expenses that may be required by the Solicitation.

2.13 PERSONS REQUIRING SPECIAL ACCOMMODATIONS

Any person requiring a special accommodation at any public meeting relating to this Solicitation because of a disability, should contact the Issuing Officer identified in Section 2.4, or use the Florida Relay Service at 1-800-955-8771 (TTY), at least forty-eight hours prior to the scheduled meeting.

2.14 BID RECEIPT AND OPENING

Bids must be sent or delivered to the Florida Lottery, Procurement Management Office, 250 Marriott Drive, Tallahassee, Florida 32301. The State of Florida, Florida Lottery date and time stamp will be the official recorded time of receipt. Electronic Bids or submissions will not be accepted.


The Issuing Officer must receive Bids (mailed or hand-delivered) pursuant to this Solicitation no later than the date and time shown in the Section 2.6: Schedule of Events. Failure of a Vendor to submit its Bid by the specified date and time will result in rejection of the Bid, unless the Lottery determines, in its sole discretion, that the failure to timely submit the Bid is a result of circumstances beyond the control of the Vendor. Bids that are rejected for being late will be retained by the Lottery. The public may attend the Bid opening, at which time the bids will be opened, the names of the responding Vendors read aloud and recorded; however, pursuant to 119.07, Florida Statutes, the public may not immediately review any submitted Bid.

2.15 DISCLOSURE AND OWNERSHIP OF BID CONTENTS BY THE LOTTERY

All matters set forth in a Vendor's Bid including, without limitation, administrative, proposed commodities/services and cost information, will be subject to disclosure after Solicitation award, except as addressed within Attachment A: Special Terms and Conditions. All information in a Vendor's Bid and any Agreement resulting from this Solicitation are subject to the provisions of Florida’s Public Records law, Chapter 119, Florida Statutes, regardless of copyright status. Any and all materials submitted become the property of the Lottery. The Lottery reserves the right to use any and all information contained in a Bid, including the Bid of an unsuccessful Vendor, unless prohibited by law.

2.16 WITHDRAWAL FROM CONSIDERATION

Vendors may request withdrawal of a Bid in writing. The Lottery may grant requests received in accordance with this provision upon proof of impossibility to perform which is based upon an error. Bids removed from consideration will be retained by the Lottery.

2.17 CLARIFICATION PROCESS

The Lottery may request clarifications from Vendors for the purpose of resolving ambiguities or questioning information presented in the Bids. Written clarification responses must address only the information requested and must be submitted to the Lottery within the period stated in the Lottery’s request.

In no case does the clarification process permit revision or supplementation of the Bids after their submission.

2.18 NON-RESPONSIVE BIDS

Each Vendor must submit a Bid that meets all material requirements of this Solicitation. Material requirements of this Solicitation are (a) those set forth as mandatory, (b) those without which an adequate analysis and comparison of Bids is impossible, (c) those that affect the competitiveness of Bids or (d) those that affect the cost to the Lottery.


Vendors must unconditionally accept each and every provision of this Solicitation, including but not limited to the Terms and Conditions in Attachment A: Special Terms and Conditions, in order to be deemed responsive and eligible. Bids will be rejected as non-responsive as follows: (a) if they do not meet all material requirements of this Solicitation (b) if they fail to provide all required information, documents or materials; (c) if they include language that is conditional, takes exception to or is contrary to the terms, conditions, and requirements of the Solicitation. The Lottery reserves the right to determine, in its sole discretion, whether a Bid meets the material requirements of the Solicitation. The Florida Lottery reserves the right to waive any minor irregularity, technicality, or omission if the Florida Lottery determines that doing so will serve the state’s best interests.

2.19 DISQUALIFICATION FOR NON-RESPONSIBILITY

Business stability and wherewithal to perform and support the Lottery are required. A Vendor will be rejected as non-responsible if, in the Lottery’s judgment after review of the documents submitted in response to this Solicitation, it does not possess the capability to perform the Agreement or has a conflict of interest in serving the Florida Lottery or fails to demonstrate sufficient responsibility, security, integrity, and reliability to assure good faith performance.

2.20 IDENTICAL TIE BIDS

In the case of an exact tie Bid, the award will be resolved in accordance with Section 295.187(4), Florida Statutes, and Rule 60A-1.011, Florida Administrative Code, which may include certification that a drug-free workplace has been implemented.

2.21 FLORIDA BASED BUSINESS PREFERENCE

This Solicitation is subject to the provisions of Sections 283.35 and 287.084, Florida Statutes, whereby Vendors with a Principal Place of Business in Florida receive preference in the award of an Agreement under certain circumstances.

2.22 ACCEPTANCE OR REJECTION OF BIDS

The Lottery reserves the right, at its sole discretion and at any time during the Solicitation process, to accept or reject any or all Bids or separable portions thereof; to re-solicit for new Bids; to abandon the need for such commodities and services or to award in whole or in part as deemed by the Lottery to be in its best interests. The Lottery may reject any Bid not submitted in the manner specified by this Solicitation.


2.23 NOTICE OF AGENCY DECISION

Pending successful completion of the financial review and background investigations pursuant to Sections 3.2 and 3.3 of this Solicitation, award will be made to the Apparent Successful Vendor submitting the lowest total average unit cost and meeting all Bid specifications and requirements. If after the financial review and/or background investigation the Lottery determines in its sole discretion that the Apparent Successful Vendor is not a Responsible Vendor, the Lottery will disqualify the Apparent Successful Vendor and consider the next Vendor with the lowest Bid. At the conclusion of Bid process, the Lottery will issue a Notice of Agency Decision which will be posted on the state’s Vendor Bid System http://www.myflorida.com/apps/vbs/vbs_www.main_menu.

2.24 CONTRACTING OFFICER

The Contracting Officer will act on the Lottery’s behalf for contractual matters. The Contracting Officer is:

Tom Delacenserie, Secretary Florida Lottery 250 Marriott Drive Tallahassee, Florida 32301

END OF SECTION

http://www.myflorida.com/apps/vbs/vbs_www.main_menu


PART 3: PREPARING & SUBMITTING BIDS

3.1 BID FORMAT

a. Bids must be submitted in a sealed envelope or container; b. The Lottery is not responsible for the opening of any envelope which is not properly marked

on the outside as follows:

Project Number: 028-15/16 Holiday Envelopes and Easel Back Counter Displays Due: 3:00 PM ET Date: TBD (Insert) Vendor Name

c. Each Bid must contain originals of all documents required to be submitted by this Solicitation.

d. Bids and Addenda must contain the original signature of an Authorized Representative. If the Authorized Representative delegates signature authority, then the Vendor must provide a notarized statement identifying the representative who has the authority to legally bind the Vendor in a contractual obligation.

e. The Vendor must ensure that its Bid submission is delivered timely and to the proper place as required in the Solicitation.

f. Samples: Vendors must submit a sample of the envelope and the easel back counter display holder with their Bid. Samples may be hand cut; however, samples must adhere to the specifications in Attachment A and must be in accordance with the Diecut sample provided in Attachment B. Attachment B provides visual examples for bidding purposes only. The samples need not be customized with Lottery brand logo or wordmark. Vendors which fail to submit samples of both items will be deemed non-responsive and disqualified. Samples that do not meet the objectives in Section 2.1 will not be considered further. Samples will not be returned to the Vendor.

g. Vendors must submit pricing data in the formats specified in the Solicitation.

h. Vendors must submit customer references as specified in this Solicitation, including but not limited to current list prices or reference to a website where such a list is published.

i. Vendors with a Principal Place of Business outside of the State of Florida must include in their Bids a written opinion signed by an attorney-at-law licensed to practice law in that state, as to the preferences, if any or none, granted by the law of that state to business entities domiciled within its state boundaries. The written opinion must detail with specificity the type of preference, how it is applied and circumstances when it is applicable.

j. The Certification of a Drug Free Workplace form should be executed by the Vendor and returned with the Bid, in order to be considered in the event of an exact tie Bid.

k. Acknowledgement of Addendum: The Addendum Acknowledgement form included with each addendum issued by the Lottery must be executed by the vendors Authorized Representative and should be returned with the Bid. Written acknowledgement of all addenda issued prior to the Solicitation due date will become part of each Vendor’s Bid.

http://www.flalottery.com/exptkt/certificationDrugFreeWorkplace.pdf


3.1.1 Binding Bids/Tenure

Bids are binding upon submission and throughout the term of the Agreement with the Contractor. However, should the Contractor be in default at any time, the Lottery may terminate the Agreement for cause pursuant to Section 26.1 of Attachment A and contract with the next eligible Vendor pursuant to Rule 60A-1.006, Florida Administrative Code. Therefore, a Vendor’s Bid prices on Attachment D, are valid for the term of the Agreement.

3.1.2 References

Vendors must provide, at a minimum, references for three clients to whom they have provided commodities and services of similar project size and scope within the past two years, including, but not limited to, efficient statewide delivery, in accordance with Attachment E. All references must be verifiable and consist of current or former clients of the responding Vendor. The Lottery may not be submitted as a current or former client reference. The Lottery will not accept subcontractor, proposed personnel or personal references of a member of the responding Vendor as a substitute for Vendor references.

The Lottery will attempt to verify references of the successful Vendor once via telephone and/or email. If the reference does not reply to the Lottery within seventy-two hours of the Lottery’s initial phone call and/or email request, exclusive of weekends and state holidays, then the reference will be deemed unverified. Vendor Bids with two or more unverified references will be rejected. Vendor references which result in one or more unsatisfactory performance ratings will be rejected.

3.2 FINANCIAL REVIEW

In order to qualify as the Successful Vendor, the Apparent Successful Vendor must be determined by the Lottery, in its sole discretion, to be financially capable of providing all commodities and services required in this Solicitation and must demonstrate to the satisfaction of the Lottery that organizational changes affecting the Apparent Successful Vendor will not impede such capability.

Financial statements must be submitted to the Lottery within the timeframe stipulated by the Lottery at the time of request.

The Apparent Successful Vendor must provide certified financial statements for the two most recent fiscal years or, if certified financial statements were not prepared, Federal Income Tax Returns for the two most recent fiscal years. Certified financial statements are the result of an audit of the entity's records in accordance with US GAAP or IFRS by an independent certified public accountant (CPA). In order to be considered complete, certified financial statements must be comparative for two years and must include a balance sheet, income statement, statement of cash flows, statement of retained earnings, notes to the financial statements for both years, and any management letters that have been received. Financial statements or tax returns must be in English with reference to currency stated in US Dollars or Euros. The Lottery will only consider certified financial statements, or Federal Income Tax Returns in the currency and language specified in this Solicitation.


If the Apparent Successful Vendor submits consolidated certified financial statements of its parent corporation or tax returns of its parent corporation, the parent corporation must serve as the financial guarantor and execute the Agreement as guarantor. In this case the parent corporation will be held accountable for all terms and conditions of the Agreement. The Lottery will hold all parties jointly and severally responsible for carrying out all activities required by the Agreement. If the laws applicable to the Apparent Successful Vendor are of a country other than the United States and render the Apparent Successful Vendor unable to provide certified financial statements, documents that provide the same level of assurance as certified financial statements must be submitted in lieu thereof. Financial statements or tax returns and other financial information submitted or obtained by the Lottery in connection with this Solicitation are public records and cannot be made confidential. Refer to Attachment A for additional information on confidential Bid materials. Vendors must provide additional financial information as requested by the Lottery in connection with this Solicitation or if awarded, during the term of the resulting Agreement and any renewals thereof.

3.3 BACKGROUND INVESTIGATIONS & DISCLOSURES

This section contains the disclosure requirements in subsection 24.111(2), Florida Statutes, which provides that a Vendor’s failure to provide complete, true and accurate information hereunder renders an Agreement unenforceable as a matter of law. The Lottery will conduct background investigations of the Apparent Successful Vendor in order to determine, in the Lottery’s sole discretion, whether the Apparent Successful Vendor has the competence, integrity, financial responsibility, background, and character necessary to provide the commodities and services required by this Solicitation. The commodities and services requested in this Solicitation have a fundamental role in the operation of the Lottery, and full trust in, and cooperation of, Vendors and the Apparent Successful Vendor are essential to the Lottery’s integrity and success. For forms in this Section requiring notarization, where the Apparent Successful Vendor is located in a country in which a notary public system does not exist, the signature must be authenticated in customary form according to the laws of that country. The Apparent Successful Vendor must provide to the Lottery within a time to be specified:

A. Conflict of Interest and Disclosure Form

The Authorized Representative(s) of Apparent Successful Vendor must complete the information requested on the Conflict of Interest and Disclosure Form, or if no disclosures are necessary select “By checking this box, I certify there are no disclosures to make for this section”.

The Apparent Successful Vendor must identify all active client relationships that would pose a conflict of interest with the Lottery on the Conflict of Interest and Disclosure Form and certify that it will sever its active conflicting client relationship(s) immediately or has already in order to remain eligible for consideration.

http://www.flalottery.com/exptkt/conflictOfInterestAndDisclosureForm.pdf



In addition, the Apparent Successful Vendor must describe and disclose on an attachment to the Conflict of Interest and Disclosure Form (a) all relationships with any of the parties, persons or entities required to be disclosed on the Conflict of Interest and Disclosure Form which do not yet exist but which the Apparent Successful Vendor is contemplating forming or intends to form during the term of the Agreement, and/or (b) all existing relationships which could be perceived as required to be disclosed on the Conflict of Interest and Disclosure Form but which the Apparent Successful Vendor has not disclosed.

B. Disclosure Affidavit Form

An authorized corporate officer of the Apparent Successful Vendor must execute a notarized Disclosure Affidavit. Additionally, if the Apparent Successful Vendor is not the financial guarantor of a resulting Agreement, an authorized corporate officer of the financial guarantor must also execute a notarized Disclosure Affidavit.

C. Vendor Personal Profile Form

The Lottery, will notify the Apparent Successful Vendor, of individuals who must complete a notarized Vendor Personal Profile Form and obtain a fingerprint card. A date for submission of these forms will be provided. Failure of the Apparent Successful Vendor to supply all of the requested Vendor Personal Profile Forms for itself by the date established by the Lottery may cause the Bid to be found non-responsive.

D. Chart of Corporate/Business Ownership

The Apparent Successful Vendor must provide an accurate and current Chart of Corporate/Business Ownership, including all parent company(s) and subsidiary companies, so that the complete corporate structure of the organization which the Vendor belongs to, including the ultimate ownership, is shown.

3.4 BID SHEET

Vendors must submit pricing for the items and quantity ranges specified in Attachment D. A Vendor will be found non-responsive if it does not submit a Bid on both the Holiday Envelopes and Easel Back Counter Displays for all quantities. Vendors must submit pricing on the Bid Price Sheet (Attachment D). Vendor generated price sheets or catalog pages will not be accepted. Pricing must include all artwork, set up, packaging, processing and delivery fees.

No remuneration is available to the Vendor beyond the cost Bid for this Agreement. Costs agreed to in the Agreement will be firm and remain constant throughout the life of the Agreement. Vendors will be strictly held to the costs of their Bid. The contents of this Solicitation and the Bid will become contractual obligations, if an Agreement ensues. Each Vendor must provide a fixed discount percentage off the Vendor’s current list price for Vendor’s remaining balance of line, including any add-ons or options requested by the Lottery, excluding freight charges, as set forth in Attachment D. Vendors must submit either a copy of their current list prices or the website where the Vendor’s list is published with Bid submission.

END OF SECTION





http://www.flalottery.com/exptkt/disclosureAffidavit.pdf

http://www.flalottery.com/exptkt/disclosureAffidavit.pdf

http://www.flalottery.com/exptkt/vendorPersonalProfile.pdf

http://www.flalottery.com/exptkt/vendorPersonalProfile.pdf

Attachment A Special Terms and Conditions

Page 1 of 15 Updated: 1/2016

1. INTRODUCTION

This Attachment sets forth the Special Terms and Conditions unique to this Solicitation. The terms and conditions applicable to Lottery solicitations in general are set forth in the Lottery’s Mandatory Requirements of Agreement (MRA), located on the “Library of Procurement Information and Standard Forms”. By submission of a Bid, the Vendor agrees to the terms and conditions contained herein and in the MRA.

2. ITEM SPECIFICATIONS

1. Holiday Envelopes

A. FLAT SIZE: 15.0” W x 11.125” H B. FINAL SIZE: 5.0” W x 9.25” H C. PAGES: 2-sided D. SCORING: Scoring required for four folds E. MATERIAL: 10 pt C2S white gloss coated F. INKS: 4/4 color process with one metallic spot Pantone color on inside

and outside. Full UV protection varnish on outside only. G. BLEEDS: Full bleed all four edges, both sides. H. ADHESIVE: Permanent glue required on the flaps. I. DIECUT: Yes, complex diecut with folds. (see sample illustration attached)

2. Easel Back Counter Display with Pockets for Envelopes

A. FLAT SIZE: 29.0” W x 23.5” H B. FINAL SIZE: 10.0” W x 13.9375” H C. PAGES: 1-sided D. MATERIAL: 14 pt. C1S white gloss coated E. INKS: 4/0 color process with one metallic spot Pantone color plus full

UV protection varnish. F. BLEEDS: Full bleed all four edges G. BINDING: One fold-flat pocket on front to hold envelopes & one fold-flat

easel on back. Easel Back must be aerodynamically designed to ensure that it is adequately structured. Pocket edges/material must be reinforced to prevent tearing, provide support, and avoid falling over.

H. ADHESIVE: 0.75” Wide adhesive strip along entire base of holder unit I. DIE CUT: Yes, complex diecut with folds. (see FPO illustration attached)

Holiday Envelopes and Easel Back Counter Display products must utilize the Diecut sample on Attachment B, and a folded Holiday Envelope must fit easily into the open slot of the Easel Back holder. Note that the metallic spot color for the Holiday Envelope is different from that of the Easel Back display.

http://www.flalottery.com/exptkt/SolicitationMandatoryRequirementsAgreement.pdf

http://www.flalottery.com/exptkt/SolicitationMandatoryRequirementsAgreement.pdf



3. ORDER OF PRECEDENCE

The Agreement resulting from this Solicitation will consist of the following documents, if an Agreement ensues. In the event any of these documents conflict, the conflict will be resolved in the following order of priority (highest to lowest):

1. The Agreement between the successful Vendor and the Lottery.

2. ITB #028-15/16 (this Solicitation) and Attachments, including: a. Library of Procurement Information and Standard Forms

• Mandatory Requirements of Agreement • Respect of Florida Agreement Terms • Vendor Diversity Agreement Terms • Disclosure Affidavit • RESPECT of Florida Certification of Consultation • Vendor Personal Profile Form • Certification of a Drug Free Workplace

b. Addenda, including questions and answers, issued by the Lottery, if applicable. c. Other solicitation documents, issued by the Lottery, related to this Solicitation.

3. The Vendor’s completed and executed Bid.

4. TERM OF AGREEMENT & RENEWAL OPTIONS

The “initial term” of the Agreement resulting from this Solicitation will be from the date of execution, or a mutually agreed upon date, for a period of five years, unless terminated earlier by the Lottery under the terms provided herein. 4.1 Renewal, Extension, and /or Emergency Procurement:

The Lottery reserves the right, at its sole option, to renew the Agreement resulting from this Solicitation for a period not to exceed five years. Agreement Renewals will be contingent upon availability of funds, and the Contractor’s satisfactory performance as determined by the Lottery. Agreement Renewals may be for the complete term (e.g., one renewal for five years), may be divided into increments (e.g., five one-year renewals), or may be a combination thereof (e.g., one three-year renewal followed by one two year renewal). Any renewal, extension, or emergency procurement of the resulting Agreement must be in writing and executed prior to expiration of the current term of the Agreement or extension thereof as applicable. Renewals and extensions are contingent upon the availability of funds and satisfactory performance by the Contractor.



The Contractor may request an increase in compensation for renewal periods only. Any price increase requested and approved will not affect any quantities on order and not yet received. The request must be supported by documentation acceptable to the Lottery that demonstrates that the Contractor’s cost of providing the item has increased by at least the percentage of the requested increase. In no case will the Lottery approve a request to increase bid prices that are higher than the percentage increase in the Bureau of Labor Statistics Consumer Price Index during the corresponding period If, at any time, the Contract is canceled, terminated, or expires, and a Contract is subsequently executed with a Vendor other than the current Contractor, the current Contractor has the affirmative obligation to assist in the smooth transition of Contract services to the subsequent Contractor.

5. FUNDING SOURCES

Payment may be made by a non-governmental third-party company on behalf of the Florida Lottery. The Contractor will be required to submit all requested Vendor information forms and a substitute W-9 to the third-party provider prior to issuance of an order. Payments made by a third-party provider are subject to state and federal tax requirements. Invoices must be submitted in accordance with subsection 1 of the “Invoices and Payment to Contractor” Section of the Lottery’s Mandatory Requirements of Agreement.

6. CONTRACTOR RESPONSIBILITY

The Lottery will consider the Contractor to be the sole point of contact with regard to contractual matters. The Contractor will assume sole responsibility for providing the services and/or commodities required by the Agreement, whether or not the Contractor is the direct supplier of said service, commodity, or any component thereof. Upon execution of the Agreement, the Contractor’s Account Manager will be the Lottery’s sole point of contact for all matters pertaining to the Agreement. 6.1 Quality of Work and Services:

Notwithstanding "prior approval" requirements that may be reserved to the Lottery under the Agreement, the Contractor retains the ultimate responsibility to ensure and guarantee the quality of work and services to be provided under the Agreement. The Contractor is fully and solely responsible for performing and completing the services specified herein to the satisfaction of the Lottery.

http://flalottery.com/exptkt/SolicitationMandatoryRequirementsAgreement.pdf



6.2 Personnel: If, during the course of the Agreement, the Lottery reasonably determines that certain Contractor personnel are unable or fail to perform their duties in a competent and professional manner, the Lottery will notify the Contractor in writing of its determination. The Contractor will remove said personnel from the Lottery account and will assign replacement personnel acceptable to the Lottery.

7. OWNERSHIP OF MATERIALS

Ownership of all data, documentary material, copy, creative, video, audio and operating reports originated and prepared exclusively for the Lottery pursuant to any Agreement will belong to the Lottery, unless otherwise agreed to in writing by the Lottery.

7.1 Patents, Copyrights & Trademarks:

Any and all patents, copyrights or trademarks accruing under or in connection with the performance under the Agreement are hereby exclusively reserved to the State of Florida, Department of the Lottery.

7.2 Title to, Use of, and Compensation for, Intellectual Property: Intellectual Property Rights: For purposes of this Agreement, the term “Intellectual Property Rights” refers to any rights with respect to inventions, discoveries, or improvements, including patents, patent applications and certificates of invention; trade secrets, know-how, or similar rights; the protection of works of authorship or expression, including copyrights and future copyrights; and trademarks, service marks, logos, and trade dress; and similar rights under any laws or international conventions throughout the world, including the right to apply for registrations, certificates, or renewals with respect thereto, and the rights to prosecute, enforce and obtain damages.

To the extent that the Contractor utilizes or relies upon the Intellectual Property Rights of a third party in fulfilling its obligations under the Agreement, the Contractor will notify the Lottery of such reliance in writing and provide the Lottery with whatever assurance the Lottery deems necessary to ensure that the use of such third party Intellectual Property Rights is permissible. Any Intellectual Property owned by or licensed to the Contractor prior to entering into this Agreement which is used in carrying out the Contractor’s obligations under this Agreement will remain the property of the Contractor or the Contractor’s licensor. The Contractor will grant the Lottery an appropriate, royalty-free user license to such Intellectual Property on an indefinite basis with respect to Lottery conduct of games. Third-party proprietary software and related documentation must be sublicensed to the Lottery on a royalty-free basis.



7.3 Clearances, Releases, Waivers, Contracts and Licenses:

The Contractor is solely responsible at its own expense for carrying out trademark, trade name, service mark, house mark, copyright, slogan and /or logo (collectively referred as “mark”) searches on materials which are to be used as an element in the matters delivered to the Lottery pursuant to this Agreement prior to their use. The Contractor is solely responsible, at its own expense, for securing any necessary, rights, clearances, releases, waivers, contracts and/or licenses prior to the use, printing and/or publication of any and all elements used in carrying out the Contractor’s obligations under this Agreement, including but not limited to third-party intellectual property, names, likenesses, testimonials, scripts, musical compositions, creative and/or similar materials, elements, or rights embodied or to be embodied in materials developed, provided, used or prepared by the Contractor under the Agreement.

These responsibilities continue throughout the Agreement term and any extensions. The Contractor must provide the Lottery with a written assessment of all searches upon request. The Contractor must also deliver to the Lottery, immediately upon request, written documentation evidencing (a) the Contractor’s exclusive ownership rights, or (b) its licensed rights as set forth above.

8. QUANTITIES/ORDERS

Orders will be placed by the Lottery on an as-needed basis. The exact quantity and distribution for each item will be sent to the Contractor with each order on Attachment C. The Lottery reserves the right to reorder Holiday Envelopes or Easel Back Counter Displays at any time during the term of this Agreement at the prices established in Attachment D: Bid Price Sheet. The Lottery reserves the right to inspect shipments after delivery and to reject any items which are determined to be defective, of inferior craftsmanship or not in compliance with these specifications as to quality. When orders are placed, the percentage discount will be placed against the most current manufacturer’s annual price.

9. OVERRUNS / UNDERRUNS

Under-runs are not acceptable. Over-runs will only be accepted if approved in writing, in advance by the Lottery contract manager at no additional charge. This includes any penalty fees, shipping fees or unit add-on costs.



10. ARTWORK

Artwork will be provided to the Contractor electronically by the Lottery after placement of each order as outlined in Attachment A, section 8. Art files will be uploaded in Illustrator CC file format. Files can be sent in CS6 format upon request. The Contractor must confirm to the Lottery, receipt of artwork files within 1 business day. The Contractor will provide PDF pre-production proofs via email within two business days of receipt of art files. The proofs are to be sent via email to Florida Lottery Graphics Department at [email protected], for review and approval. The Lottery’s Graphics Department will notify the Contractor of their approval within three business days. If a pre-production proof is rejected by the Lottery Graphics Department due to Contractor error, then the Contractor must provide corrected proofs within one business day. Pre-production color proofs must be received by the Lottery Graphics department within seven business days of receipt of art files. E-mailed pre-production proofs will not be accepted. If a pre-production proof is rejected by the Lottery Graphics Department due to Contractor error, then the Contractor must provide corrected proofs within three business days. If changes are made at the request of the Lottery after submission of the Contractor’s proof, then the Contractor may apply an additional art set up fee, as approved by the Lottery. Unit items which do not receive final artwork approval from Lottery Graphics Department may be rejected.

11. DELIVERY

See Attachment C: Delivery Locations and Allocations of items. Complete delivery to all locations must be made within two weeks upon the Lottery’s written notification of pre-production proof approval and authorization to begin production. If unable to meet the delivery deadline, the Contractor must contact the Lottery Contract Manager prior to the scheduled delivery date. Partial shipments, prior to the scheduled delivery date, are acceptable at no additional cost to the Lottery. Deliveries will be accepted Monday through Friday, with the exception of state-recognized holidays, between the hours of 9 a.m. and 4 p.m., EST; with the exception of the Pensacola District Office. Deliveries to the Pensacola District Office will be accepted Monday through Friday, with the exception of state recognized holidays, between the hours of 7:30 a.m., and 4 p.m. CST. If the required delivery day falls on a weekend or state holiday, the delivery date will be the next business day.



12. INSIDE DELIVERY

Inside warehouse door delivery is required for all shipments. Not all district office locations have raised loading docks. The Contractor will be responsible for taking all measures to ensure delivery as required herein, including, but not limited to, the following, where applicable: 1. require freight carriers to have lift-gate capabilities; 2. deliver boxes on standard GMA double-entry pallets; 3. mark waybills with “INSIDE DELIVERY REQUIRED;” 4. require delivery drivers to unload all shipments; and 5. ensure that the necessary tools or equipment required to unload pallets or boxes is on-hand.

Lottery employees will not be responsible for unloading shipments. The Lottery reserves the right to reject a delivery should inside delivery not be in accordance with these terms. The Contractor accepts full responsibility for rejected deliveries, and timely redeliveries in accordance with these terms.

13. PACKAGING

A precise description of the contents of any boxes used to deliver orders must be printed on all four sides of the boxes. Single boxes may not exceed forty pounds weight. Items must be packed flat in cartons and in a way to prevent damage. Items which are damaged due to improper packaging will be rejected and replaced at the Contractors’ expense.

14. INSPECTION AND ACCEPTANCE

The Lottery reserves the right to inspect shipments after delivery and to reject any items which are defective, of inferior craftsmanship or otherwise not in compliance with the requirements of this Agreement. If the Lottery determines that at least two percent of an order is not acceptable, then the entire order may be rejected, and the order may be cancelled.

The Contractor is responsible for rejected items, including their pick-up and the production of and redelivery of acceptable items pursuant to the applicable order, as specified by the Lottery. Payment will only be made for items accepted by the Lottery.

15. ADVERTISING

15.1 Commercial Advertising: The Contractor will not use its relationship with the Lottery,

the Agreement, or the results there from as a part of any commercial advertising without prior written consent of the Lottery. All advertising must be approved by the Lottery prior to release.



15.2 Lottery Name and Logo: The Contractor may not use the name of the Lottery or any logo or other promotional materials identifying the Lottery without the prior written permission of the Lottery, which may not be withheld within the Lottery’s sole discretion. All advertising must be approved by the Lottery prior to release.

15.3 News Releases: The Lottery is the only entity authorized to issue news releases relating

to the Agreement. The Contractor may request authorization to issue news releases from the Lottery Secretary or designee.

15.4 Nondisclosure of Lottery’s Plans: The Contractor must use its best efforts to ensure

that the details of any games planned by the Lottery are not disclosed to persons or organizations other than the personnel, agents, or Subcontractors of the Contractor whose assistance in the production of the game is necessary, until the Lottery announces same.

16. MYFLORIDAMARKETPLACE

16.1 Contractor Registration: Each Contractor doing business with the State for the sale of

commodities or contractual services as defined in section 287.012, Florida Statutes, must register in the MyFloridaMarketPlace system, unless exempted under Rule 60A-1.030(3), Florida Administrative Code (FAC). Information about the registration process is available, and registration may be completed, at the MyFloridaMarketPlace website (link under Business on the State portal at www.myflorida.com). Interested persons lacking Internet access may request assistance from the MyFloridaMarketPlace Customer Service at 866-FLA-EPRO (866-352-3776) or from State Purchasing, 4050 Esplanade Drive, Suite 300, Tallahassee, Florida, 32399.

16.2 Transaction Fee: The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to subsection 287.057(23), Florida Statues, (2002), all payments will be assessed a Transaction Fee of 1 percent, which the Contractor will pay to the State.

For payments within the State accounting system (FLAIR or its successor), the Transaction Fee will, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor will pay the Transaction Fee pursuant to Rule 60A-1.031(2), FAC. By submission of these reports and corresponding payments, the Contractor certifies their correctness. All such reports and payments will be subject to audit by the State or its designee.

The Contractor will receive a credit for any Transaction Fee paid by the Contractor for the

purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor’s failure to perform or comply with specifications or requirements of the Agreement.

http://www.myflorida.com/



Failure to comply with these requirements will constitute grounds for declaring the Contractor in default and recovering re-procurement costs from the Contractor in addition to all outstanding fees. Contractors delinquent in paying transaction fees may be excluded from conducting future business with the State.

17. PERFORMANCE BOND

At no cost to the Lottery, the Contractor will be required at the time of execution of the Agreement, to post with the Lottery a performance bond, cashier’s check, or other security acceptable to the Lottery in an amount determined by the Lottery. The performance bond or other security is to secure the Contractor’s performance of the Agreement and must be maintained throughout the Agreement term. It may be renewed annually or on another schedule; however, in such case the Contractor must provide proof of renewal to the Lottery no later than twenty (20) days prior to lapse of coverage. Unless a claim is made against the bond, it will be returned to the Contractor following expiration of the Agreement.

18. INSURANCE During the Agreement term, the Contractor at its sole expense will provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Agreement. Providing and maintain adequate insurance coverage is a material obligation of the Contractor. Upon request of the Lottery, the Contractor will provide certification of insurance. Time limits of coverage under each policy maintained by the Contractor will not be interpreted as limiting the Contractor’s liability and obligations under the Agreement. All insurance policies will be through insurers authorized or eligible to write policies in Florida.

19. VENDOR DIVERSITY INITIATIVES The State of Florida is committed to supporting its diverse population by providing increased opportunity and diversity in State contracting processes. At a minimum the Contractor will commit to implementing business operations that give consideration to minority, veteran, and women-owned business enterprises in all subcontracting opportunities as well as routine acquisitions, supporting day-to-day operations in fulfilling the Vendor Diversity Agreement Terms required by the resulting Agreement. The Contractor will also provide monthly and/or quarterly reports of expenditures and projected expenditures to minority, veteran, and women-owned businesses.

20. ADDITIONAL BACKGROUND INVESTIGATIONS The Lottery reserves the right throughout the term of the Agreement, to conduct background investigations pursuant to chapter 24, Florida Statutes and as set forth above on any officer, principal, investor, owner, employee, or any other associate of the Contractor it deems appropriate.

http://flalottery.com/exptkt/VendorDiversityAgreementTerms11-2014.pdf



Within thirty days of execution of the Agreement, all key personnel performing services to carry out the Agreement, and as designated by the Lottery, must undergo a background investigation by the Division of Security. Each designated individual will be fingerprinted and will be required to complete and provide to the Lottery a background investigation form.

21. CHANGE IN FINANCIAL CONDITION

Vendors submitting bids in response to this Solicitation have an obligation, continuing through the term of any Agreement with the Lottery, to notify the Lottery immediately of any material change in their financial condition or organizational structure which would require disclosure in the annual report of a publicly-traded United States corporation (whether or not the Vendor is a publicly-traded corporation), including but not limited to the following:

a. the Vendor’s inability to pay bills as they become due; b. commencement of voluntary proceedings under title 11 of the United States Code or the

corresponding provisions of any successor laws; c. commencement of involuntary proceedings against the Vendor under title 11 of the

United States Code; d. appointment by a court of competent jurisdiction of a custodian for all or substantially all

of the Vendor’s assets or the Vendor makes an assignment of all or substantially all of its assets to a custodian (as that term is defined in title 11 of the United States Code or the corresponding provisions of any successor laws) ;

e. a change in the majority ownership of a corporate Vendor (whether a corporation or an LLC);

f. a change in the general partner of a general or limited partnership; g. a merger.

Failure to inform the Lottery as required herein may result in disqualification or rejection of Vendor’s bid or termination of the Agreement.

22. CONFIDENTIAL INFORMATION

Any information relating to the products, customers, business, marketing plans and policies of the Lottery or its affiliates, which is supplied to the Contractor by or at the direction of the Lottery, acquired by the Contractor in the course of providing services to the Lottery or developed by the Contractor in carrying out the Contractor’s duties under the Agreement, will be deemed to be confidential and proprietary information of the Lottery and the exclusive property of the Lottery.



Confidential Information does not include information that (a) is or becomes generally- known to the public through no breach of the Agreement by Contractor; (b) was already known to the Contractor prior to its disclosure under the Agreement; (c) was lawfully received by Contractor from a third party; (d) was independently developed by Contractor; or (e) is required by any applicable law, regulation, or court order to be disclosed by the Contractor to any governmental, regulatory, or judicial body, in which event Contractor must provide the Lottery with advance written notice of the requirement or order to permit the Lottery to seek a protective order against such disclosure.

23. LIQUIDATED DAMAGES Due to the difficulty in determining the amount of damages that would result from a failure of performance under this Agreement, the Lottery may require Contractor to pay, as fixed and agreed liquidated damages, the following sums of money in the event of a breach of the following terms of the Agreement. These elements of liquidated damages are not mutually exclusive and more than one may apply in a given situation. Payment will be reduced as stated below; multiple consequences may apply but the total will not exceed the total invoiced:

A. By Unit Cost plus 1% for each 100 with unclear or smeared (not dry) ink patterns; or B. By Unit Cost plus 1% for each 100 without appropriate (correct) adhesive; or C. By Unit Cost plus 1% for each 100 incorrect size; or D. By Unit Cost plus 1% for each day of delayed shipment ; or E. By Unit Cost plus 1% for incorrect quantities delivered to shipping locations; or F. By Unit Cost plus 1% for each day of delay in pre-production color proofs ; or G. By Unit Cost plus 1% for each items deemed defective, damaged, inferior craft but less than

2.5% of entire order for that item.

The Florida Lottery reserves the right to deduct assessments of liquidated damages from pending invoices submitted by the Contractor. Additionally, the Lottery may deem the Contractor ineligible for consideration in future solicitations, due to poor performance on previous orders even though they may be the lowest quote on a given project.

24. INDEMNIFICATION The Contractor agrees to defend, indemnify, and hold the Lottery harmless from and against any loss resulting from any claim made or brought against the Lottery arising out of the Contractor’s performance of this Agreement and: a. The Contractor’s failure to obtain a required consent of any nature whatsoever; b. The Contractor’s contracts with third parties; c. The Contractor’s unauthorized use of the name or likeness of any person;



d. Allegations of libel, slander, defamation, disparagement, piracy, plagiarism, unfair competition, idea misappropriation, infringement of copyright title, slogan or other property rights and any invasion of the right of privacy;

e. Breach of the Contractor’s obligations under the Agreement; or f. The Contractor’s negligence or willful misconduct.

This paragraph, insofar as it applies to work undertaken while the Agreement is in effect, will survive the termination of the Agreement.

25. TERMINATION

The Lottery may terminate this Agreement as described in section 25.1 and 25.2 below. Upon the Contractor’s receipt of a Notice of Termination, and except as otherwise specified by the Lottery, the Contractor must: a. Stop work under the Agreement on the date and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services, or facilities except as may be

necessary for completion of such portion of the work under the Agreement that is not terminated;

c. To the extent possible under any affected contracts, assign to the Lottery effective on the date of termination and in the manner, at the time and to the extent specified by the Lottery, all of the right, title, and interest of the Contractor in the Contractor’s orders affected by the termination (“Third-Party Claims”) so that the Lottery may, in its discretion settle or pay any or all Third Party Claims resulting from the termination and thereby reduce any settlement amount which may be due to the Contractor;

d. To the extent not settled pursuant to section 25.c., above, and as approved in advance by the Lottery, settle all outstanding liabilities and all claims arising out of the termination. The Lottery's approval or ratification will be final for the purposes of this part;

e. Upon payment by the Lottery of all items properly chargeable to the Lottery hereunder, the Contractor must transfer, assign, and make available to the Lottery all property and materials belonging to the Lottery, including all right and claims to any and all reservations, contracts and arrangements regarding the Agreement. No extra compensation is to be paid to the Contractor for its services in connection with any such transfer or assignment. Concurrently with such transfer or assignment, the Lottery will assume the obligations of the Contractor, if any, on all contracts with third parties for such items which cannot be cancelled;

f. Upon termination of the Agreement by the Lottery, the Contractor will be deemed to have released and relinquished to the Lottery any and all claims or rights it may otherwise have whether in common law or by statute with respect to all or any part of any unpublished material prepared or created by the Contractor in the course of performing the Agreement;

g. Complete performance of work which was not terminated by the Lottery; h. Take such action as may be necessary, or as the Lottery may specify, to protect and preserve

any property related to the Agreement which is in the possession of the Contractor and in which the Lottery has or may acquire an interest; and



i. Return to the Lottery all proprietary materials and associated information which is the property of the Lottery.

25.1 Termination for Cause: The Lottery reserves the right to immediately terminate the Agreement, in whole or part, by providing written notice to the Contractor if the Lottery determines, in its sole discretion that any of the following has occurred: a. The Contractor knowingly furnished any statement, representation, warranty or

certification in connection with the Solicitation or the Agreement, which representation is false, deceptive, incorrect, or incomplete;

b. The Contractor fails to perform to the Lottery's satisfaction any requirement of the Agreement or defaults in performance of the Agreement;

c. The performance of the Agreement is substantially endangered by the action or inaction of the Contractor, or such occurrence can be reasonably anticipated;

d. The State enacts a law which removes or restricts the authority or ability of the Lottery to conduct the commodities or services identified in this Solicitation;

e. The Contractor's firm or assets are acquired by or combined with another company or concern during the Agreement period;

f. The Contractor or any Substantial Subcontractor fails to maintain the standards of financial responsibility, character, reputation, or integrity as determined by the Florida Lottery;

g. The Contractor is placed on the convicted, suspended discriminatory, or scrutinized vendor lists; or

h. The actions or inaction of the Contractor or Contractor's employees pose a threat to the security or integrity of the Lottery. In such an event, the Lottery may terminate the Agreement immediately by telephonic notification followed by written notice.

Should the Lottery give notice of termination for reasons in sub-paragraphs b. or c. above, the Contractor will have seven days after receipt of said notice to remedy the failures or problems. If the Contractor fails to remedy, the Lottery may order the Contractor to immediately stop all work and terminate the Agreement. If the Agreement is terminated for cause by the Lottery, the Lottery will be obligated only for the goods actually delivered and accepted or services actually rendered prior to the date of notice of termination, less any liquidated damages or other damages that maybe assessed for non-performance.

25.2 Termination for Convenience: The Lottery reserves the right to terminate the Agreement or any part of the Agreement at its convenience, with thirty calendar days’ written notice. The Lottery will incur no liability for materials or services not yet ordered if it terminates for convenience.



If the Lottery terminates for convenience after an order for materials or services has been placed, the Contractor will be entitled to compensation upon submission of invoices and proper proof of claim, in that proportion which its services and products were satisfactorily rendered or provided, as well as expenses necessarily incurred in the performance of work up to time of termination.

25.3 Termination by Mutual Agreement: With the written mutual agreement of both

parties, the Agreement or any part of the Agreement may be terminated on an agreed date prior to the end of the Agreement period without penalty to either party.

26. TICKET PURCHASES AND PRIZE PAYMENT RESTRICTIONS

No officer or employee of any vendor under contract with the Lottery for a major procurement (24.103(4), F.S.), relative living in the same household with such officer or employee, or immediate supervisor of such officer or employee may purchase a lottery ticket if the officer or employee is involved in the direct provision of goods or services to the Lottery or has access to information made confidential by the Lottery.

27. CHANGE OF SCHEDULES

The Lottery reserves the right, in its own best interest, to modify, reject, cancel or stop any and all plans, schedules or work in progress.

28. HOSPITALITY OF GOODS AND SERVICES

Contractor acknowledges the prohibition against acceptance of gifts by Lottery employees, as provided in the paragraph of the Mandatory Requirements of Agreement titled, “Ethics Policy: Gifts Prohibited.” Consistent with that provision, Contractor agrees that the acceptance of Hospitality Goods or Services it provides under the Agreement is based on potential use by the Lottery for business development, retailer appreciation, or for the sole purpose of reviewing and auditing a Lottery-sponsored event. Approval of the acceptance and use of Hospitality Goods and Services provided by Contractor is at the discretion of the Lottery, consistent with this provision. “Hospitality Good or Services” is defined as anything of value including, but not limited to, event tickets, other means of admission to events such as passes, hotel accommodations, meals, receptions, or travel. The Contractor must cooperate with the Lottery by furnishing such credentials and other documentation as may reasonably be required by the Lottery for purposes of ensuring that Hospitality Goods or Services are used in a manner consistent with the Agreement and Lottery procedures; and must fully cooperate in any audits conducted by or on behalf of the Lottery regarding the furnishing or use of Hospitality Goods or Services.



29. NON-EXCLUSIVE RIGHTS

Nothing in the Solicitation or any Agreement resulting from this Solicitation will preclude the Lottery from purchasing similar products and/or services from another Contractor should the Lottery determine that such an action would be in its best interest.

30. SUBCONTRACTING

No subcontracting will be permitted under the Agreement resulting from this Solicitation.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

15”

5”

9.25” 11.125”

FOLD

FOLD

FOLD

FOLD

FOLD

FOLD

FOLD

FOLD

Holiday Envelope diecut specs 2015

PERMANENT GLUE

PERMANENT GLUE

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Typewritten Text

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Page 1 of 2

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Attachment B

Holiday Easel Back Counter Display w/ Pocket for Envelopes 2015

29”

10”

23.5”

13.9375”

Diecut

Fold

Permanent Glue/adhesive

Adhesive Tape Strip

Dimensions = FLAT SIZE: 29” W x 23.5” HFINAL FOLD = 10” W x 13.9375” H

.75” WIDE SEMI PERMANENT ADHESIVE TAPE STRIP

PERMANENT GLUEPERMANENT GLUE PERMANENT GLUE PERMANENT GLUE

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Typewritten Text

Attachment B

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Page 2 of 2

Attachment C- AllocationsITB 028-15/16

Attachment C- Holiday Envelope & Easelback Allocations.xlsx Page 1

Easel Back Counter Display

Holiday Envelopes

District Office 1 Florida Lottery250 Marriott DriveTallahassee, FL 32301Attn: Joanne Dabreau

District Office 3 Florida Lottery6601 N Davis Hwy Suite 55Pensacola, FL 32504Attn: Geri Gardner

District Office 4 Florida Lottery8206 Philips Highway, Unit 36Jacksonville, FL 32256Attn: Clyde Courson

District Office 5 Florida Lottery3926 SW Archer RdGainesville, FL 32608Attn: Conrad Snyder

District Office 6 Florida LotteryWest Town Corners380 South State Road 434, Suite 1028Altamonte Springs, FL 32714Attn: Marvin Campbell

District Office 9 Florida Lottery1911 US Highway 301 N, Suite 170Tampa, FL 33619Attn: Edna Torres

District Office 10 Florida Lottery11760 Metro ParkwayFort Myers, FL 33966Attn: Joann Cootware

District Office 11 Florida Lottery6965 Vista Parkway North, Unit 1West Palm Beach, FL 33411Attn: Grace Guzman

District Office 13 Florida LotteryMiami Lakes Business Park West14621 Oak LaneMiami Lakes, FL 33016Attn: Maritza Salado

HQ Graphics Dept Florida Lottery Graphics Dept250 Marriott Drive, 2nd FloorTallahassee, FL 32301Attn: Everett Williams

TBD TBD

TBD

TBD TBD

TBD TBD

TBD TBD

The Contractor will be provided this form with the exact quantity and distribution of each item with placement of each order.

TOTAL

Holiday Envelope & Easelback Allocations

TBD TBD

TBD TBD

TBD TBD

TBD TBD

TBD TBD

TBD TBD

TBD

ATTACHMENT D BID PRICE SHEET

HOLIDAY ENVELOPES AND EASEL BACK CARD HOLDERS

ITB 028-15/16 Holiday Envelopes and Easelback Card Holders Page 1 of 2

The total average unit cost entered by the vendor is a firm fixed cost and must incorporate all artwork, setup, printing, shipping, delivery, and packaging fees. Shipping will not be billed separately.

Item Quantity

Unit Cost

Envelopes 0 to 250,000

Envelopes 251,000 to 500,000

Envelopes 501,000 to 750,000

Envelopes 750,000 and up

Envelopes Average Unit Cost ( Total of Unit Cost for envelopes ÷ 4 )

Easelback 0 to 5,000

Easelback 5,001 to 10,000

Easelback 10,001 to 15,000

Easelback 15,001 and up

Easelback Average Unit Cost (Total of Unit Cost for Easelbacks ÷ 4 )

Total Average Unit Cost of Envelopes and Easelbacks: Sum of the [Average Unit Cost for Envelopes] and the

[Average Unit Cost for Easelbacks]

ATTACHMENT D BID PRICE SHEET

HOLIDAY ENVELOPES AND EASEL BACK CARD HOLDERS

ITB 028-15/16 Holiday Envelopes and Easelback Card Holders Page 2 of 2

(This amount will not be used in determining award)

Discount off current list price for any add-ons or options requested by the Lottery during the term of the agreement.

%

Enter percentage of recycled content of the material used for printing. %

By checking this box, the Vendor certifies that material used for printing contains no recycled content.

VENDOR INFORMATION Signature of Authorized Representative Date Print Name Email Address Company Name FEID Number Street Address City, State and Zip code Telephone Number Fax Number

ATTACHMENT E - REFERENCES

Page 1 of 5

Revised 07/29/15

In accordance with Section 1.16: References, each Vendor must submit at least five client references. Client references must be listed by the Vendor in sections 1 – 5 below. In order for a Vendor’s Bid to be considered responsive, the below client information must be completed, included in the Bid submission and verified by the Lottery. The Lottery will complete this verification process for subsections a – e listed below. 1. CLIENT NAME:

POINT OF CONTACT NAME:

MAILING ADDRESS:

CITY: STATE: ZIP:

TELEPHONE NUMBER: ( )

EMAIL ADDRESS:

THIS SECTION IS FOR LOTTERY USE ONLY VERIFIED UNVERIFIED

a. Are services and/or commodities completed and delivered on time by this Vendor?

Yes No

b. How would you rate the services and/or commodities provided by this Vendor?

Satisfactory Unsatisfactory c. How would you rate the ease and efficiency of working with this Vendor?

Satisfactory Unsatisfactory

d. Did the vendor provide the services and/or commodities within budget without a change order to

increase the contract?

Yes No e. How would you rate the Vendor’s overall performance?


ADDITIONAL COMMENTS:


Page 2 of 5

Revised 07/29/15

2. CLIENT NAME:

POINT OF CONTACT NAME: MAILING ADDRESS:

CITY: STATE: ZIP:


EMAIL ADDRESS:

THIS SECTION IS FOR LOTTERY USE ONLY

VERIFIED UNVERIFIED

a. Are services and/or commodities completed and delivered on time by this Vendor?

Yes No










Page 3 of 5

Revised 07/29/15

3. CLIENT NAME: POINT OF CONTACT NAME:

MAILING ADDRESS:

CITY: STATE: ZIP:


EMAIL ADDRESS:


VERIFIED UNVERIFIED

a. Are services and/or commodities completed and delivered on time by this Vendor? Yes No










Page 4 of 5

Revised 07/29/15


MAILING ADDRESS:

CITY: STATE: ZIP:


EMAIL ADDRESS:


VERIFIED UNVERIFIED











Page 5 of 5

Revised 07/29/15


MAILING ADDRESS:

CITY: STATE: ZIP:


EMAIL ADDRESS:


VERIFIED UNVERIFIED










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