Promotional Items - The Florida Lottery

Transcription

Florida Lottery
Invitation to Bid
Issue Date: Tuesday, March 1, 2016
Promotional Items
Project Number: 052-15/16
Florida Lottery
Procurement Management
250 Marriott Drive
Tallahassee, Florida 32301
TABLE OF CONTENTS
PAGE
PART 1-DEFINITIONS ............................................................................... 1
PART
2.1
2.2
2.3
2.4
2.5
2.5.1
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
PART
3.1
3.1.1
3.1.2
3.2
3.2.1
3.3
3.4
2-SOLICITATION PROCESS, SCHEDULE AND CONSTRAINTS ................ 3
Introduction .................................................................................................. 3
Procurement Authority ................................................................................... 3
Applicable Laws and Procedures .................................................................... 4
Issuing Officer, or Designee ........................................................................... 4
Restrictions on Communication ....................................................................... 4
Hiring and Other Business Relationships with Lottery Staff.................................. 5
Schedule of Events ........................................................................................ 5
Addenda or Notices ..................................................................................... 6
Vendor Questions ......................................................................................... 6
Public Records Request .................................................................................. 6
Protests ........................................................................................................ 7
Vendor Felonies, Convicted Vendor List, Discriminatory Vendor List .................... 7
Costs Associated with Bid .............................................................................. 8
Persons Requiring Special Accomodations ....................................................... 8
Bid Receipt and Opening .............................................................................. 9
Disclosure and Ownership of Bid Contents by the Lottery................................... 9
Withdrawal From Consideration..................................................................... 9
Clarification Process...................................................................................... 9
Non-Responsive Bids ................................................................................... 10
Disqualification for Non-Responsibility........................................................... 10
Identical Tie Bids ........................................................................................ 10
Florida Based Business Preference ................................................................ 10
Acceptance or Rejection of Bids ................................................................... 10
Notice of Agency Decision .......................................................................... 11
Contracting Officer ..................................................................................... 11
3 - PREPARING AND SUBMITTING BIDS.......................................... 12
Bid Format ................................................................................................. 12
Binding Bids/ Tenure .................................................................................. 13
References ................................................................................................. 13
Financial Review......................................................................................... 13
Change in Financial Condition ..................................................................... 14
Background Investigations and Disclosures .................................................... 15
Bid Sheet ................................................................................................... 16
ATTACHMENTS
Attachment................ A
Attachment................ B
Attachment ............... C
Attachment................ D
Attachment................ E
Special Terms and Conditions
Specifications and Visual Examples
Allocations
Bid Price Sheet
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
Quick Reference Guide for Florida Lottery Brandmark Logo and Wordmark
PART 1:
DEFINITIONS
Agreement - The two-party signature document (or three-party in the event of a 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 (or threeparty in the event of a financial guarantor or a joint Bid).
Apparent Successful Vendor - The Vendor submitting the lowest total average unit cost per
group, 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 the Vendor 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 day" and "Business Day" 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.
CMYK – Cyan, Magenta, Yellow and Black.
Contractor - The Vendor with whom the Lottery executes an Agreement to provide the required
commodities or contractual services, pursuant to this Solicitation.
CPSIA – Consumer Product Safety Improvement Act.
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. The terms “ITB” and “Solicitation” may be used interchangeably.
Lottery - The State of Florida, Department of the Lottery.
MyFloridaMarketPlace - The State of Florida, eProcurement System.
Principal Place of Business - The physical location from which the Vendor’s high level officers
Florida Lottery Invitation to Bid #052-15/16
Promotional Items
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PART 1:
DEFINITIONS
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.
END OF SECTION
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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 the enhancement of public education. Promotional items are used to increase
Lottery brand awareness/recognition by opening lines of communication, drawing attention
through tradeshows and events and increasing sales. The purpose of this Solicitation is to
establish an Agreement with a qualified Vendor to accurately and timely produce and distribute
custom-made promotional items that meet or exceed the objectives and specifications outlined
herein, including;
•
•
•
Ensure items are produced with a high level of workmanship and product quality.
Ensure items have a sharp and crisp image, without smearing or smudging.
Deliver to Lottery Headquarters and District offices (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: 55101515 Promotional Material; 73151900 Industrial Printing Services; 73151905 Digital
Industrial Printing Services; 80141630 Direct Marketing Print Service; 82121503 Digital Printing;
and 82121505 Promotional or Advertising Printing; and 80141605 Promotional Merchandise.
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 Bids 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.
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.
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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 53ER0755; 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
Florida Lottery
250 Marriott Drive
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.
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.
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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 24.1 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 24.1 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 24.1 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
Solicitation
Advertised /
Released
March 1, 2016
Questions
Submitted in
Writing
Answers to
Questions
Must be received
PRIOR TO:
March 17, 2016
3:00 p.m., ET
March 24, 2016
Promotional Items
APPLICABLE INFORMATION &
LOCATION
Posted to the Vendor Bid System at:
http://vbs.dms.state.fl.us/vbs/main_menu
Submit to: Florida Lottery
Attention: Kathy Peterson
250 Marriott Drive
Tallahassee, FL 32301
Fax: (850) 487-7760
Email: [email protected]
Page 5
EVENT
DUE DATE AND TIME
Must be received
PRIOR TO:
Sealed Bids
Due
2.7
April 5, 2016
3:00 p.m., ET
Bids Opened
April 5, 2016
3:30 p.m., ET
Notice of
Agency
Decision
posted
To Be Determined
APPLICABLE INFORMATION &
LOCATION
Submit to: Florida Lottery
Attention: Kathy Peterson
250 Marriott Drive
Tallahassee, FL 32301
PUBLIC MEETING
Florida Lottery
250 Marriott Drive
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.
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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
Pursuant to Section 120.57(3)(f), Florida Statutes, no submissions made after the bid opening
which amend or supplement the bid will 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.
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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:
•
•
•
•
•
•
4.
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.
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 nonresponsive 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 this 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.
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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. The Lottery may deem the Vendor’s Bid withdrawn for the Vendor’s failure to respond or
submit matters in the time periods given and the form required by this Solicitation. 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.
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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, and
(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.
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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(s) 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:
Thomas R. Delacenserie, Secretary
Florida Lottery
250 Marriott Drive
END OF SECTION
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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 or container which is not
properly marked on the outside as follows:
Project Number: 052-15/16
Promotional Items
Due: 3:00 PM ET
Date: April 5, 2016
(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 each item in a group for which a Bid is
submitted along with the Bid. Samples must adhere to the specifications provided in
Attachment B. The Visual Examples (pictures) of each item in Attachment B have been
provided to assist Vendors in preparing their Bid. The samples need not be customized with
Lottery brand logo or wordmark. Vendors which fail to submit samples of all items in the
group(s), in which they are bidding, that do not meet the 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 this Solicitation.
h. Vendors must submit customer references as specified in this Solicitation.
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 Vendor’s 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.
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l.
Respect of Florida: The Florida Lottery is committed to maximizing employment
opportunities for individuals throughout this State who are blind or otherwise qualify as
handicapped under Chapter 413, Florida Statutes, and for such individuals to increase their
independence and self-sufficiency. To further the Lottery’s commitment in this regard and to
ensure that RESPECT of Florida is afforded the opportunity to provide commodities and/or
contractual services necessary for the Contractor to perform its contractual obligations,
Vendors must execute the RESPECT of Florida Agreement Terms and should submit with their
Reply.
m. Vendors must provide a listing of all subcontractors with their Bid submission.
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 24.1 of
Attachment A and contract with the next eligible Vendor pursuant to Rule 60A1.006, 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 or tax returns must be submitted to the Lottery within the timeframe stipulated
by the Lottery at the time of request.
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The Apparent Successful Vendor, and their subcontractors, if any, 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 both
a Vendor and a financial guarantor jointly and severally responsible for carrying out all activities
required by the Agreement.
If the laws applicable to the Apparent Successful Vendor or subcontractor are of a country other
than the United States and render the Apparent Successful Vendor or subcontractor 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.
3.2.1
Change in Financial Condition
The Apparent Successful Vendor has an obligation, 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 Apparent Successful Vendor is a
publicly-traded corporation), including but not limited to the following:
a. The Apparent Successful 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 Apparent Successful
Vendor under title 11 of the United States Code;
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d. appointment by a court of competent jurisdiction of a custodian for all or
substantially all of the Apparent Successful Vendor’s assets or the Apparent
Successful 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 Apparent Successful
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 Apparent Successful Vendor’s bid.
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 and their
subcontractors, if any 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 and their Contractors, if
any, must complete and submit 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
done so already in order to remain eligible for consideration.
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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
complete and return all of the requested Vendor Personal Profile Forms 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 and their subcontractors, if any, 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 all quantity ranges in the item group(s) that the Vendor is
submitting a Bid for, as specified in Attachment D. A Vendor will be found non-responsive if it
does not submit a Bid for all quantity ranges in the item group(s) that the Vendor is submitting a
Bid for. 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 costs.
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.
END OF SECTION
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Attachment A
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
Refer to Attachment B-Specifications and Examples, for item specifications.
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 #052-15/16 (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.
Florida Lottery Invitation to Bid # 052-15/16
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Attachment A
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 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. Agreement renewals, extensions, and emergency procurements are
contingent upon the availability of funds and the Contractor’s satisfactory performance as
determined by the Lottery.
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
demonstrating 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 Agreement is canceled, terminated, or expires, and an agreement 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 Agreement
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.
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Attachment A
6.
CONTRACTOR RESPONSIBILITY
The Lottery will consider the Contractor to be the sole point of contact with regard to Agreement
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.
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.
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Attachment A
7.2
Title to, Use of, and Compensation for, Intellectual Property:
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, Agreements 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.
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Attachment A
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/COMPENSATION
Orders will be placed by the Lottery on an as-needed basis. Upon placement of an order with the
Contractor(s) for an item(s) in their awarded group, compensation will be based upon the unit cost
bid for the quantity range applicable to the order.
The exact quantity and distribution for each item will be sent to the Contractor with each order. The
Lottery reserves the right to reorder promotional items at any time during the term of the Agreement
resulting from this solicitation at the prices established in Attachment D: Bid Price Sheet.
The Lottery reserves the right to inspect shipments after delivery and to reject any incomplete orders
or items which are determined to be defective, of inferior craftsmanship or not in compliance with
these specifications as to quality or quantity.
If during the life of the Agreement, due to circumstances beyond the Contractor’s control, the
Contractor is no longer able to supply an item, the Lottery reserves the right to order a replacement
item that meets or exceeds the Solicitation specifications, from the Contractor at the same price
quoted for that item. If the Contractor does not have a replacement item, the Lottery reserves the
right to go to the next lowest responsive responsible vendor, for that item.
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 upon placement of each
order as outlined in Attachment A, Section 8. The Contractor must adhere to the Quick Reference
Guide for Florida Lottery Brandmark Logo and Wordmark.
Art files will be uploaded in Illustrator CC file format. Files can be sent in CS6 format upon
request. The Contractor must confirm receipt of artwork files within 1 business day to the Lottery.
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Attachment A
10.1 Pre-Production Proofs
The Contractor must obtain approval from the Lottery Graphics Department prior to
production and delivery of items as described herein. Delivery and payment of unit items
not receiving final artwork approval from Lottery Graphics Department and authorization to
begin production may be rejected. Liquidated damages may be assessed pursuant to
Attachment A, Section 22.
a. The Contractor will provide PDF proofs via email within two
business days of receipt of art files. The PDF proofs are to be sent via
email to Everett Williams at [email protected], Natalie Williams at
[email protected], Graphics, and Lottery Contract Manager via email for
their review and approval. The Lottery’s Graphics Department will notify the
Contractor of their approval within three business days. If a PDF proof is rejected
by the Lottery Graphics Department due to Contractor error, then the Contractor
must provide corrected proofs within one business day.
b. After PDF proofs have been approved, pre-production color samples must be
received by the Lottery Graphics department within seven business days of receipt
of art files.
E-mailed photographs of pre-production samples will not be accepted. If a preproduction sample is rejected by the Lottery Graphics Department due to
Contractor error, then the Contractor must provide corrected samples within three
business days. If changes are made at the request of the Lottery after submission of
the Contractor’s pre-production sample, then the Contractor may apply an
additional art set up fee, as approved by the Lottery.
11.
DELIVERY
See Attachment C for the Delivery Locations. Complete delivery to all locations must be made
within 60 days upon the Lottery’s written notification of pre-production sample approval and
authorization to begin production, unless prior written approval from the Lottery.
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.
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Attachment A
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.
11.1 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.
2.
3.
4.
5.
require freight carriers to have lift-gate capabilities;
deliver boxes on standard GMA double-entry pallets;
mark waybills with “INSIDE DELIVERY REQUIRED;”
require delivery drivers to unload all shipments; and
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.
12.
PACKAGING
A precise description of the contents of any container/ boxes used to deliver orders, including
quantity, must be printed on all four sides of the boxes. Single boxes may not exceed forty pounds
weight.
Items must be packed 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.
13.
INSPECTION AND ACCEPTANCE
The Lottery reserves the right to inspect shipments within 60 days after delivery and to reject any
items which are defective, of inferior craftsmanship or otherwise not in compliance with the
requirements of the resulting 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.
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Attachment A
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.
14.
ADVERTISING
All advertising must be approved by the Lottery prior to release.
14.1 Commercial Advertising:
The Contractor will not use its relationship with the Lottery, the Agreement, or the results
therefrom as a part of any commercial advertising without prior written consent of the
Lottery.
14.2 Lottery Name and Logo:
The Contractor will not use the name of the Lottery, any logo or any promotional materials
identifying the Lottery without the prior written permission of the Lottery.
14.3 News Releases:
The Lottery is the only entity authorized to issue news releases relating to the resulting
Agreement. The Contractor may request authorization to issue news releases from the
Lottery Secretary or designee.
14.4 Nondisclosure of Lottery’s Plans:
The Contractor must use its best efforts to ensure that the details of any games or other
advertising plans 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.
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Attachment A
15.
MYFLORIDAMARKETPLACE
15.1 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 (866352-3776) or from State Purchasing, 4050 Esplanade Drive, Suite 300, Tallahassee,
Florida, 32399.
15.2 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 Statutes, all payments will be assessed a Transaction Fee of one
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), Florida Administrative Code (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 items if such items are returned to the Contractor through no fault, act, or
omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is nonrefundable 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.
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.
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Attachment A
16.
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 Lottery desires a bond that is not required to
be renewed during the term of the contract but which is effective immediately for the entire term of
the Agreement. 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 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.
Failure of the Contractor to provide proof of renewal of the performance bond prior to lapse of
coverage will result in all pending payments being delayed until an acceptable bond is received
and may result in Liquidated Damages.
17.
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 maintaining 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.
18.
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 womenowned 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.
19.
ADDITIONAL FINANCIAL INFORMATION AND 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.
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Attachment A
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.
The Contractor must provide additional financial information as requested by the Lottery during the
term of the resulting Agreement and any renewals thereof.
20.
CHANGE IN FINANCIAL CONDITION
The Contractor has 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.
b.
c.
d.
e.
f.
g.
the Contractor’s inability to pay bills as they become due;
commencement of voluntary proceedings under title 11 of the United States Code or the
corresponding provisions of any successor laws;
commencement of involuntary proceedings against the Contractor under title 11 of the
United States Code;
appointment by a court of competent jurisdiction of a custodian for all or substantially all
of the Contractor’s assets or the Contractor 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);
a change in the majority ownership of a corporate Contractor (whether a corporation or
an LLC);
a change in the general partner of a general or limited partnership; or
a merger.
Failure to inform the Lottery as required herein may result in termination of the Agreement.
21.
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.
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Attachment A
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.
22.
FINANCIAL CONSEQUENCES AND/OR 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 the 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:
a.
b.
c.
d.
e.
By Unit Cost plus 1% for each 100 with unclear or smeared (not dry) ink patterns;
By Unit Cost plus 3% for each day of delayed shipment;
By Unit Cost plus 1% for incorrect quantities delivered to shipping locations;
By Unit Cost plus 1% for each day of delay in pre-production color proofs;
By Unit Cost plus 1% for each items deemed defective, damaged, inferior craftsmanship but
less than 2.5% of entire order for that item;
f. By $100 for each day the Contractor fails to maintain an active performance bond, after
lapse of coverage;
g. By $100 for each day the Contractor fails to provide a preproduction sample; or
h. If untimely performance results in the Lottery losing sales or having insufficient products for
events, the Contractor will be assessed $5,000 per event promotion.
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.
23.
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 the resulting Agreement and:
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Attachment A
a.
b.
c.
d.
The Contractor’s failure to obtain a required consent of any nature whatsoever;
The Contractor’s contracts with third parties;
The Contractor’s unauthorized use of the name or likeness of any person;
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 resulting Agreement is in effect,
will survive the termination of the Agreement.
24.
TERMINATION
The Lottery may terminate the resulting Agreement as described in Section 24.1 and 24.2 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 resulting Agreement on the date and to the extent specified, in the notice;
b. Place no further orders or subcontracts for goods, 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 Subsection c above, and as approved in advance by the
Lottery, settles 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;
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Attachment A
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.
24.1 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 the 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 fails to maintain the standards of financial responsibility, backgrounds,
bonds, insurance, 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.
If the Agreement is terminated for cause by the Lottery, the Lottery will be obligated only for
the materials actually delivered and accepted or services actually rendered prior to the date
of notice of termination, less any liquidated damages or other damages that may be assessed
for non-performance.
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Attachment A
24.2 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
goods 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.
24.3 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.
25.
TICKET PURCHASES AND PRIZE PAYMENT RESTRICTIONS
No officer or employee of any Contractor under contract with the Lottery for a major procurement,
as defined in 24.103(4), Florida Statutes, no 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.
26.
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.
27.
HOSPITALITY OF GOODS AND SERVICES
The 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, the 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
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Attachment A
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.
28.
NON-EXCLUSIVE RIGHTS
Nothing in the Solicitation or any Agreement resulting from the Solicitation will preclude the Lottery
from purchasing similar goods and/or services from another Contractor should the Lottery
determine that such an action would be in its best interest.
29.
SUBCONTRACTING
The Lottery requires the Contractor to obtain prior written approval from the Lottery before entering
into any written subcontracts for the performance of work under the Agreement resulting from this
Solicitation. All Subcontractors will also be subject to the investigations required by Section
24.111, Florida Statutes. The Lottery has the continuing right throughout the term of the Agreement
to disapprove Subcontractors if such disapproval would be in the best interest of the Lottery. The
Lottery will have the right to inspect and acquire copies of any documents executed between the
Contractor and the Subcontractor. No subcontract that the Contractor enters into with respect to
performance under the Agreement will in any way relieve the Contractor of any responsibility for
performance under the Agreement.
END OF SECTION
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Attachment B
IMPRINT ARTWORK:
Vendors must adhere to the Quick Reference Guides for Florida Lottery Brandmark Logo
and Wordmark for guidelines on the Lottery logo. Other imprints/artwork may be used.
Imprint Option One: Four color process with a white flash/base.
Imprint Option Two: Two spot color with a white flash/base.
Imprint Option Three: One spot color with a white flash/base.
The above print options 1-3 will be used for quoting of items A-Z.
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Page 1
Attachment B
GROUP 1 (A-E):
Item A: Clear Tote Bag 12” x 12” x 6”
Description: Clear Stadium Tote Clear PVC tote bag with 22" handles. Spot clean/air
dry. Meets NFL sizing guidelines.
Clear Tote Size: 12 " x 12 " x 6 ".
Clear Tote Trim Color: Assorted
Imprint Size and Areas: 8”W x 9”H (one side of bag)
Imprint color must not be the same as the color of the item (i.e. no white on white item)
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Attachment B
Item B: Tumbler
Description: 16 oz. Double walled construction, hot or cold, spill resistant cup with lid.
Fits most car drink and cup holders. BPA Free, meets all FDA requirements.
Cup Size: 5” H x 2” W.
Cup Color: Assorted
Imprint Size and Areas: 3”W x 2” H
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Attachment B
Item C: Hat
Description: Brushed cotton side panel structured/brass buckle enclosure/8000 stitch
count embroidered/front-center/minimum
Color: To be specified with placement of order.
Imprint Size and Areas: 2"H x 3"L (Front)
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Attachment B
Item D: Insulated Kooler Lunch Bag
Description: Lunch Bag 210D Cooler Bag/insulated 6 pack / lunch cooler. Durable
210 denier exterior with a sewn in vinyl liner and is waterproof, BPA Free, and Prop 65
Compliant. Silkscreen/Nylon
Lunch Bag Size: 7 3/4 “x 6 " x 6 1/2”
Color: Assorted
Imprint Size and Areas: 4” x 2 ½”
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Attachment B
Item E: Car Windshield Sunshade
Description: Foldable/Accordion style vehicle sunshade.
Size: 51 “x 23.5”
Imprint Size and location: 51" x 23.5"|1 side ONLY
Imprint Method: Heat Transfer
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Attachment B
GROUP 2 (F-K):
Item F: Rain Poncho
Description: 14mm weight, rain poncho One size fits most, roomy hood and 2" x
86" coverage, folds into Plastic snap pouch, 9 ½” x 7”.
Poncho Color: Assorted
Imprint Size and Areas: Pouch – 6” x 3 ½” and Poncho.
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Attachment B
Item G: USB Car Charger
Description: MP3 players, phones and other devices using the USB connection and
visible see it charging by looking at the indicator light. (.5 amp output).
USB Charger Color: White
Imprint Size and Areas: 3/8” x 1” (top)
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Attachment B
Item H: Mini Tire Gauge Key Chain
Description: Mini Tire gauge key chain. Maximum 50 PSI. Made of Aluminum 3 ¼” H
Tire Gauge Color: Assorted
Imprint Size and Areas: 1 ½” x 3/16”
Promotional Items
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Attachment B
Item I: Golf Set in pouch
Description: Golf tee and marker kit in a felt pouch
Pouch Color: Assorted
Imprint Size and Areas (Pouch and each piece): 1 1/8” x ½” (Tee and marker
lift), 2 ¼” x 1 ¾” (pouch), 5/8” (marker)
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Attachment B
Item J: Lanyard
Description: Pull off flat, ribbon shaped, polyester lanyard. Made from a quality,
durable polyester material, these lanyards come with a choice of J-hook, keyring, bulldog
clip, or lobster claw.
Color: Assorted
Imprint Type and Size: Silk-screen, 2/5” x 33.5”, step and repeat
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Attachment B
Item K: Stow 'n Go Earbud Travel Set
Description: These earbuds are attached to a 48" cord and wrapped inside of a
glossy, white 2 1/4" x 2 1/4" protective case with plastic cover. Interchangeable earbud
covers come in white, blue and red. Headphones plug into most headphone jacks.
Case Color: White bottom with clear top
Case Size: 2 1/4 " x 2 1/4”
Imprint Size and location: 2" x 2" on clear cover top
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Attachment B
GROUP 3 (L-P):
Item L: Canvas Tote Bag
Description:
Canvas tote bags with open top will help keep items secure and dry
while on an outing. Perfect for the boating or travel, it is made of
heavy 26 oz. cotton canvas for extra durability. Features 30 inch
handles, an outside pocket.
Bag Trim Colors: Assorted
Bag Size: 21.5" x 13.5" x 7.5"
Imprint Area and location: 7" W x 6" H on the front pocket. 8,000 – 10,000 stitch
count embroidered/front center/minimum
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Attachment B
Item M: Chilly Towel/The Cool Towel
Description: Individually packaged/Poly Vinyl Acetyl material, which allows cool air to
stimulate cooling and lower your core temperature. Chilly towel in the super-absorbent
shammy-like weave and hyper-evaporating material that cools off as the towel naturally
dries. It can be reused over and over again. Cooling time lasts for a few hours.
Towel Color: Assorted
Towel Size: 26 “x 17”
Imprint Size: 10”w x 5”h
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Attachment B
Item N: Polar Fleece Blanket
Description: Snuggle up to warmth with this standard 260 gsm fleece blanket. Made
from 100% polyester brushed polar fleece, this blanket features a
matching trim whip stitch.
Material:
Polyester Polar Fleece
Blanket Color:
Assorted
Blanket Size:
50 “x 60”
Imprint:
Stitching on front
Stitch color must not be the same as the color of the item (i.e. no white on white item)
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Attachment B
Item O: Duffel Bag
Description: Durable 600 denier polyester canvas duffel bag. measures 22.5" x 11.5"
with an 9.25" gusset and features a 22" x 1.5" reinforced overlapping
Velcro handle, 210 denier knit stripe straps, large twin zippers, 16.5" x
11" double front zippered pockets, 9" x 9" side end zippered
compartments, two bottle nets, an adjustable 44.5" x 1.5" shoulder strap
with a 7" rest pad and a 17" x 8.5" back Velcro wide pocket. This is the
perfect bag for camping, gym trips and beyond.
Bag Color: Assorted
Bag Material:
Polyester/Canvas
Bag Size: 22.5 “x 11.5”
Imprint Size and location:
7" x 5" on front pocket.
Imprint Method: Silkscreen
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Attachment B
Item P: 16oz. Omega Mug
Description:
Omega Mug Double wall plastic insulated mug with high gloss finish,
16 oz. Proposition 65 compliant. Executive 4 finger ergonomic handle.
Spill resistant, 2 piece thumb-slide lid. Black insert and lid. BPA free.
Double wall construction for insulation of hot or cold liquids
Color: Assorted
Imprint Size: 7 ¾” x 2”
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Attachment B
GROUP 4 (Q-U):
Item Q: Bottle Bag
Description:
20oz. Bottle insulator. Made of laminated open cell foam and
includes Swivel clip, belt loop and drawstring. 6 ¾ “H
Color: Assorted
Imprint Size: 2 ¼” W x 3”H
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Page 18
Attachment B
Item R: Golf Ball Set in Plastic Pillow Pack
Description: Two Golf Balls in a plastic pillow pack
Color: White
Imprint Area: Golf Ball Side
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Page 19
Attachment B
Item S: Eagle Golf Umbrella
Description: The Eagle golf umbrella features a quality, strong manual wood shaft, a
comfortable oak wood handle, fiberglass ribs and spreaders plus a
pewter tip for added strength and a great look. With its windproof
design and fiberglass construction, this item springs back from heavy
winds without breaking. Available in a wide variety of color choices, this
umbrella has an oversized 62" coverage area to help your clients
"weather" any storm.
Umbrella Color: Assorted
Umbrella Size: 62”
Imprint Size, Location and Type: 7" x 8" x 11", Every other panel, Digital Heat
Transfer/ Silkscreen
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Attachment B
Item T: BOTTLE AQUASPORT
Description: 32 oz. US made water bottle - Aqua Sport Straight. BPA free PETE sports
water bottle. Crystal clear water bottle. Made in the USA.
Water Bottle Material: Plastic
Water Bottle Color: Assorted
Water Bottle Size: 32 oz.
Imprint Method and Imprint Size: Silkscreen/6" x 4", 6" x 9"
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Attachment B
Item U: Beach Towels
Description: Beach Towel/White/Cotton/14 pound/Towel Size: 35” by 60”/ finished
edges.
Towel Color: White
Imprint Size and Areas: 23”x 50” Center/front
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Attachment B
GROUP 5 (V-Z):
Item V: Ticket Scraper Key Ring (7.8” x 2” x 1/8”)
Description: Plastic ticket scraper with metal chain for key ring.
Ticket Scraper Color: Assorted
Imprint Size: ¾” W x 5/16” H
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Attachment B
Item W: Gold Coin
Description: Goldine finish shiny bronze (no antiquing)/two-sided/Art is different on
each side/two-sided striking.
Gold Coin Size: 1.25” 14 gauge thickness
Imprint Area: One-side-Florida Lottery Brand Wordmark and the message “Please Play
Responsibly” at the top and “flalottery.com” at the bottom/One-side –
“One Spin”.
Cyan indicates coin edge Black
indicates embossing White
indicated debossing
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Page 24
Attachment B
Item X: Sunglasses
Description: Adult Malibu Sunglasses with UV400 lenses, polycarbonate material with
a velvet touch. CPSIA compliant.
Sunglasses Color: Assorted
Imprint Size and Areas: Temple1 ½” x ¼” (both sides of the glasses).
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Attachment B
Item Y: Earplugs in medallion case
Description: These earplugs packaged in a medallion case make an innovative
corporate giveaway. With a four color process label on the 2" round case; it's easy to
customize this product to help increase brand recognition
Earplug Case Size: 2”
Imprint Size: 1 5/8"
•
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Page 26
Attachment B
Item Z: 58" Vented Auto Open Folding Golf Umbrella
Description: Protect yourself when playing with the vented Folding Golf umbrella. It
opens automatically and features a soft foam grip handle with wrist
strap, a sturdy two section hexagonal folding metal shaft, fiberglass ribs,
and large vented nylon canopy. It comes complete with a matching case
that includes shoulder straps. Use it to protect from the sun on hot days or
from light rain. Silkscreen is available for logo imprinting.
Material: Pongee
Golf Umbrella Color: Assorted
Imprint Size and location: 8" x 6", alternating panels
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Attachment C
Delivery Locations
DELIVERY ADDRESS
Lottery Headquarters
Attention: Joe Mosley
250 Marriott Drive
(850) 487-7708
Florida Lottery: District 01
Attention: Amos Murray
250 Marriott Drive
(850) 487-7799
Attention: Geri Gardner
6601 N. Davis Highway Suite 54-56
Pensacola, Florida 32504-6211
(850) 484-5020
Attention: Clyde Courson
Baymeadows Junction
8206 Philips Highway, Unit 36
Jacksonville, Florida 32256
(904) 448-4760
Attention: Conrad Snyder
3926 SW Archer Road
Gainesville, Florida 32608-2342
(352) 334-3880
Florida Lottery Invitation to Bid 052-15/16
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DELIVERY ADDRESS
Attention: Marvin Campbell
380 South State Road 434, Suite 1028
Altamonte Springs, Florida 32714
(407) 788-2202
Attention: Edna Torres
1911 N. US Highway 301 Suite 170
Tampa, Florida 33619-2661
(813) 744-6134
Attention: Joann Cootware
11760 Metro Parkway
Fort Myers, Florida 33966
(239) 278-7111
Attention: Grace Guzman
6965 Vista Parkway, Unit 1
West Palm Beach, Florida 33411
(561) 640-6190
Attention: Maritza Salado
Miami Lakes Business Park West
14621 Oak Lane
Miami, Florida 33016
(305) 364-3080
Page 1 of 1
Attachment D
Bid Price Sheet
There are five groups of items. The Vendor submitting the lowest Total Average Cost for any of
the five groups of items will be the Apparent Successful Vendor for that group of items. Vendors
should refer to Section 3.4 and Attachment A, Section 8 for additional information. Vendors may
bid on any one group of items, more than one group of items or all groups of items. The 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.
Group 1
(A-E):
Quantity
Imprint
Option 1Unit Cost
(per item)
Imprint
Option 2Unit Cost
(per item)
Imprint
Option 3Unit Cost
(per item)
0 to 10,000
10,001 to 20,000
A. Clear Tote
Bag
20,001 to 30,000
30,001 and up
Clear Tote Average Unit Cost
( Total of Unit Cost: Options 1,2 & 3 for clear
tote ÷ 12 )
0 to 10,000
10,001 to 20,000
B. Tumbler
20,001 to 30,000
30,001 and up
Tumbler Average Unit Cost
(Total of Unit Cost: Options 1,2 & 3 for tumbler
÷ 12 )
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Page 1 of 16
Attachment D
Bid Price Sheet
Group 1
(A-E):
Quantity
Imprint
Option 1Unit Cost
Imprint
Option 2Unit Cost
Imprint
Option 3Unit Cost
0 to 10,000
10,001 to 20,000
C. Hat
20,001 to 30,000
30,001 and up
Hat Average Unit Cost
( Total of Unit Cost: Options 1,2 & 3 for hat ÷
12 )
0 to 10,000
D. Kooler
Lunch Bag
10,001 to 20,000
20,001 to 30,000
30,001 and up
Kooler Lunch Bag Average Unit Cost
(Total of Unit Cost: Options 1,2 & 3 for kooler
lunch bag ÷ 12 )
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Page 2 of 16
Attachment D
Bid Price Sheet
0 to 10,000
10,001 to 20,000
E. Sunshade
20,001 to 30,000
30,001 and up
Sunshade Average Unit Cost
(Total of Unit Cost: Options 1,2 & 3 for sunshade
÷ 12 )
Total Average Cost Group 1
(Total of Average Unit Cost of A+B+C+D+E÷5)
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Page 3 of 16
Attachment D
Bid Price Sheet
Group 2
(F-K):
Quantity
Imprint
Option 1Unit Cost
Imprint
Option 2Unit Cost
Imprint
Option 3Unit Cost
0 to 10,000
10,001 to 20,000
F. Rain
Poncho
20,001 to 30,000
30,001 and up
Rain Poncho Average Unit Cost
( Total of Unit Cost: Options 1,2 & 3 for rain
poncho ÷ 12 )
0 to 10,000
G. USB Car
Charger
10,001 to 20,000
20,001 to 30,000
30,001 and up
USB Car Charger Average Unit Cost
(Total of Unit Cost: Options 1,2 & 3 for usb car
charger ÷ 12 )
Promotional Items
Page 4 of 16
Attachment D
Bid Price Sheet
Group 2
(F-K):
Quantity
Imprint
Option 1Unit Cost
Imprint
Option 2Unit Cost
Imprint
Option 3Unit Cost
0 to 10,000
10,001 to 20,000
H. Mini Tire
Gauge
20,001 to 30,000
30,001 and up
Mini Tire Gauge Average Unit Cost
( Total of Unit Cost: Options 1,2 & 3 for lunch
bag ÷ 12 )
0 to 10,000
I.
Golf Set
in Pouch
10,001 to 20,000
20,001 to 30,000
30,001 and up
Golf Set in Pouch Average Unit Cost
(Total of Unit Cost: Options 1,2 & 3 for golf set
in pouch ÷ 12 )
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Page 5 of 16
Attachment D
Bid Price Sheet
Group 2
(F-K):
Quantity
Imprint
Option 1Unit Cost
Imprint
Option 2Unit Cost
Imprint
Option 3Unit Cost
0 to 10,000
10,001 to 20,000
J.
Lanyard
20,001 to 30,000
30,001 and up
Lanyard Average Unit Cost
( Total of Unit Cost: Options 1,2 & 3 for
lanyard ÷ 12 )
0 to 10,000
K. Earbud
Travel Set
10,001 to 20,000
20,001 to 30,000
30,001 and up
Earbud Travel Set Average Unit Cost
(Total of Unit: Options 1,2 & 3 Cost for earbud
travel set ÷ 12 )
(Total of Average Unit Cost of F+G+H+I+J+K ÷
6)
Promotional Items
Page 6 of 16
Attachment D
Bid Price Sheet
Group 3
(L-P):
Quantity
Imprint
Option 1Unit Cost
Imprint
Option 2Unit Cost
Imprint
Option 3Unit Cost
0 to 10,000
10,001 to 20,000
L. Canvas
Tote
20,001 to 30,000
30,001 and up
Canvas Tote Average Unit Cost
( Total of Unit Cost: Options 1,2 & 3 for canvas
tote ÷ 12 )
0 to 10,000
M. Chilly
Towel
10,001 to 20,000
20,001 to 30,000
30,001 and up
Chilly Towel Average Unit Cost
(Total of Unit: Options 1,2 & 3 Cost for chilly
towel ÷ 12 )
Promotional Items
Page 7 of 16
Attachment D
Bid Price Sheet
Group 3
(L-P):
Quantity
Imprint
Option 1Unit Cost
Imprint
Option 2Unit Cost
Imprint
Option 3Unit Cost
0 to 10,000
N. Polar
Fleece
Blanket
10,001 to 20,000
20,001 to 30,000
30,001 and up
Polar Fleece Blanket Average Unit Cost
( Total of Unit: Options 1,2 & 3 Cost for polar
fleece blanket ÷ 12 )
0 to 10,000
O. Duffel
Bag
10,001 to 20,000
20,001 to 30,000
30,001 and up
Duffel Bag Average Unit Cost
(Total of Unit: Options 1,2 & 3 Cost for duffel
bag ÷ 12 )
Promotional Items
Page 8 of 16
Attachment D
Bid Price Sheet
0 to 10,000
P. Omega
Mug
10,001 to 20,000
20,001 to 30,000
30,001 and up
Omega Mug Average Unit Cost
(Total of Unit Cost: Options 1,2 & 3 for omega
mug ÷ 12 )
(Total of Average Unit Cost of I+J+K+L+M ÷ 5)
Promotional Items
Page 9 of 16
Attachment D
Bid Price Sheet
Group 4
(Q-U):
Quantity
Imprint
Option 1Unit Cost
Imprint
Option 2Unit Cost
Imprint
Option 3Unit Cost
0 to 10,000
10,001 to 20,000
Q. Bottle Bag
20,001 to 30,000
30,001 and up
Bottle Bag Average Unit Cost
( Total of Unit: Options 1,2 & 3 Cost for bottle
bag ÷ 12 )
0 to 10,000
R. Golf Ball
Set
10,001 to 20,000
20,001 to 30,000
30,001 and up
Golf Ball Set Average Unit Cost
(Total of Unit: Options 1,2 & 3 Cost for golf
ball Set ÷ 12 )
Promotional Items
Page 10 of 16
Attachment D
Bid Price Sheet
Group 4
(Q-U):
Quantity
Imprint
Option 1Unit Cost
Imprint
Option 2Unit Cost
Imprint
Option 3Unit Cost
0 to 10,000
10,001 to 20,000
S. Umbrella
20,001 to 30,000
30,001 and up
Umbrella Average Unit Cost
( Total of Unit: Options 1,2 & 3 Cost for
umbrella ÷ 12 )
0 to 10,000
T. Bottle
Aqua
sport
10,001 to 20,000
20,001 to 30,000
30,001 and up
Bottle Aquasport Average Unit Cost
(Total of Unit: Options 1,2 & 3 Cost for bottle
aquasport ÷ 12 )
Promotional Items
Page 11 of 16
Attachment D
Bid Price Sheet
0 to 10,000
U. Beach
Towel
10,001 to 20,000
20,001 to 30,000
30,001 and up
Beach Towel Average Unit Cost
(Total of Unit: Options 1,2 & 3 Cost for beach
towel ÷ 12 )
(Total of Average Unit Cost of Q+R+S+T+U ÷
5)
Promotional Items
Page 12 of 16
Attachment D
Bid Price Sheet
Group 5
(V-Z):
Quantity
Imprint
Option 1Unit Cost
Imprint
Option 2Unit Cost
Imprint
Option 3Unit Cost
0 to 10,000
10,001 to 20,000
V. Ticket
Scraper
20,001 to 30,000
30,001 and up
Ticket Scraper Average Unit Cost
( Total of Unit: Options 1,2 & 3 Cost for ticket
scraper ÷ 12 )
0 to 10,000
W. Gold Coin
10,001 to 20,000
20,001 to 30,000
30,001 and up
Gold Coin Average Unit Cost
(Total of Unit: Options 1,2 & 3 Cost for gold
coin ÷ 12 )
Promotional Items
Page 13 of 16
Attachment D
Bid Price Sheet
Group 5
(V-Z):
Quantity
Imprint
Option 1Unit Cost
Imprint
Option 2Unit Cost
Imprint
Option 3Unit Cost
0 to 10,000
10,001 to 20,000
X. Sunglasses
20,001 to 30,000
30,001 and up
Sunglasses Average Unit Cost
( Total of Unit: Options 1,2 & 3 Cost for
sunglasses ÷ 12 )
0 to 10,000
10,001 to 20,000
Y. Earplugs
20,001 to 30,000
30,001 and up
Earplugs Average Unit Cost
(Total of Unit: Options 1,2 & 3 Cost for
earplugs ÷ 12 )
Promotional Items
Page 14 of 16
Attachment D
Bid Price Sheet
0 to 10,000
Z. Golf
Umbrella
10,001 to 20,000
20,001 to 30,000
30,001 and up
Golf Umbrella Average Unit Cost
(Total of Unit: Options 1,2 & 3 Cost for golf
umbrella ÷ 12 )
(Total of Average Unit Cost of V+W+X+Y+Z ÷
5)
Promotional Items
Page 15 of 16
Attachment D
Bid Price Sheet
Enter an art set up fee to be applied, if changes are made at the request of the
Lottery after approval of the Contractor’s proof (prior to going to press).
Fee should not exceed
$75
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
Promotional Items
Page 16 of 16
Attachment E
References
In accordance with Section 3.1.2: 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:
TELEPHONE NUMBER: (
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?
Average order turnaround time (from placement of order): _________________
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 or increase to time?
Yes
No
e. How would you rate the Vendor’s overall performance?
Satisfactory
Unsatisfactory
ADDITIONAL COMMENTS:
Promotional Items
Page 1 of 5
Attachment E
References
2. CLIENT NAME:
MAILING ADDRESS:
CITY:
STATE:
TELEPHONE NUMBER: (
ZIP:
)
EMAIL ADDRESS:
VERIFIED
UNVERIFIED
Yes
No
Satisfactory
Unsatisfactory
Satisfactory
d.
Unsatisfactory
Did the vendor provide the services and/or commodities within budget without a change order to
increase the contract?
Yes
No
Satisfactory
Unsatisfactory
Promotional Items
Page 2 of 5
Attachment E
References
3. CLIENT NAME:
MAILING ADDRESS:
CITY:
STATE:
TELEPHONE NUMBER: (
ZIP:
)
EMAIL ADDRESS:
VERIFIED
UNVERIFIED
Yes
No
Satisfactory
Unsatisfactory
Satisfactory
d.
Unsatisfactory
Yes
No
Satisfactory
Unsatisfactory
Promotional Items
Page 3 of 5
Attachment E
References
4. CLIENT NAME:
MAILING ADDRESS:
CITY:
STATE:
TELEPHONE NUMBER: (
ZIP:
)
EMAIL ADDRESS:
VERIFIED
UNVERIFIED
Yes
No
Satisfactory
Unsatisfactory
Satisfactory
d.
Unsatisfactory
Yes
No
Satisfactory
Unsatisfactory
Promotional Items
Page 4 of 5
Attachment E
References
5. CLIENT NAME:
MAILING ADDRESS:
CITY:
STATE:
TELEPHONE NUMBER: (
ZIP:
)
EMAIL ADDRESS:
VERIFIED
UNVERIFIED
Yes
No
Satisfactory
Unsatisfactory
Satisfactory
d.
Unsatisfactory
Yes
No
Satisfactory
Unsatisfactory
Promotional Items
Page 5 of 5

Promotional Items - The Florida Lottery

Transcription

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