General Market Advertising Services Reply Certification Form

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2 General Market Advertising Services Reply Certification Form Vendor Name (Primary): Vendor Mailing Address: City, State, Zip: Telephone: ( ) Fax Number: ( ) Address: D-U-N-S Number: Federal Employer Identification Number (FEID): Contact Person: If a Joint Reply, responsibilities Primary Vendor is proposing to undertake: BY AFFIXING MY SIGNATURE ON THIS REPLY, I HEREBY STATE THAT I HAVE READ THE ENTIRE SOLICITATION TERMS, CONDITIONS, PROVISIONS, SCOPE OF WORK AND ALL ITS ATTACHMENTS. I hereby certify that my organization, its employees, and its principals agree to abide to all of the terms, conditions, provisions and scope of work during the competitive solicitation and any resulting Agreement. I certify that my organization 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. Authorized Representative: This certification must be signed by an Authorized Representative of the responding Vendor. A document establishing delegated authority must be included with the Reply if signed by other than the Authorized Representative. For Joint Replies, the Authorized Representative from the primary Vendor will serve as the sole point of contact between the Lottery and joint responding firms. Printed (Typed) Name: Title: Signature: Date: Page 1 of 3

3 General Market Advertising Services Reply Certification Form Only Applicable for Joint Replies Must be executed by each Vendor submitting a Joint Reply Vendor Name (Joint): Vendor Mailing Address: City, State, Zip: Telephone: ( ) Fax Number: ( ) Address: D-U-N-S Number: Federal Employer Identification Number (FEID): Contact Person: Responsibilities Joint Vendor is proposing to undertake: BY AFFIXING MY SIGNATURE ON THIS REPLY, I HEREBY STATE THAT I HAVE READ THE ENTIRE SOLICITATION TERMS, CONDITIONS, PROVISIONS, SCOPE OF WORK AND ALL ITS ATTACHMENTS. I hereby certify that my organization, its employees, and its principals agree to abide to all of the terms, conditions, provisions and scope of work during the competitive solicitation and any resulting Agreement. I certify that my organization 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. Authorized Representative: This certification must be signed by an Authorized Representative of the responding Vendor. A document establishing delegated authority must be included with the Reply if signed by other than the Authorized Representative. For Joint Replies, the Authorized Representative from the primary Vendor will serve as the sole point of contact between the Lottery and joint responding firms. Printed (Typed) Name: Title: Signature: Date: Page 2 of 3

4 General Market Advertising Services Reply Certification Form Substantial Subcontractor Listing Vendor must complete for each Substantial Subcontractor proposed. Substantial Subcontractor Name: Mailing Address: City, State, Zip: Telephone: ( ) Fax Number: ( ) Address: D-U-N-S Number: Federal Employer Identification Number (FEID): Roles & Responsibilities proposed: Substantial Subcontractor Name: Mailing Address: City, State, Zip: Telephone: ( ) Fax Number: ( ) Address: D-U-N-S Number: Federal Employer Identification Number (FEID): Roles & Responsibilities proposed: Substantial Subcontractor Name: Mailing Address: City, State, Zip: Telephone: ( ) Fax Number: ( ) Address: D-U-N-S Number: Federal Employer Identification Number (FEID): Roles & Responsibilities proposed: Page 3 of 3

5 TABLE OF CONTENTS PART 1: DEFINITIONS... 3 PART 2: SOLICITATION PROCESS, SCHEDULE AND CONSTRAINTS Introduction Headings Procurement Authority Applicable Laws and Procedures Issuing Officer Restriction on Communications Hiring and Other Business Relationships with Lottery Staff Schedule of Events Addenda or Notices Vendor Questions Public Record Requests Protests Vendor Felonies, Convicted, Discriminatory & Scrutinized Companies Lists Costs Associated with Reply Persons Requiring Special Accommodations Reply Receipt and Opening Disclosure and Ownership of Reply Contents by the Lottery Withdrawal from Consideration Clarification Process Acceptance/Rejection of Replies Reply Qualification & Cure Process Information from Other Sources Non-Responsive Replies Disqualification for Non-Responsibility Evaluation Team Evaluation Criteria Scoring and Ranking Phase II: Creative Work Assignments, Oral Presentation & Interview Identical Tie Bids Cost Reply Opening Negotiation Process Notice of Agency Decision Contract Preparation Contracting Officer Contract Execution PART 3: SCOPE OF WORK Introduction Scope Desired Qualifications Account Management Co-Location at the Lottery Florida Lottery Invitation to Negotiate #001-14/15 Page i

6 3.5. Agreement Terms and Conditions / Performance Requirements and Deliverables PART 4: INSTRUCTIONS FOR PREPARING AND SUBMITTING REPLIES Joint Replies Reply Format Reply Tenure Confidential Reply Materials Reply Execution Reply Contents Volume One: Reply Qualification Financial Review Background Investigations & Disclosures Licensing by Department of State Acknowledgement of Addenda RESPECT of Florida Reply Bond Litigation Bond Preference to Florida Businesses Volume Two: Vendor Scope of Work Response & Solution Advertising Approach Vendor Qualifications and Experience Vendor Personnel Qualifications (Staffing Plan) Examples of Executed Advertising Optional Offerings Volume Three: Creative Work Assignments Volume Four: Cost Reply Copies of Replies Administrative & Technical Reply Volume Four: Cost Reply Packaging & Labeling Administrative & Technical Reply Cost Reply Attachments Reply Certification Form Attachment A: Special Terms and Conditions Attachment B: Evaluator Multiplier Score Form (Phase I) Attachment C: Cost Reply Form Attachment D: Creative Work Assignments Attachment E: Evaluator Multiplier Score Form (Phase II) Procurement Library (Hyperlinked) Florida Lottery Overview Advertising Guidelines Vendor Diversity Agreement Terms Mandatory Requirements of Agreement RESPECT of Florida Agreement Terms Vendor Personal Profile Form Disclosure Affidavit Certification as to Criminal Convictions Certification as to a Drug Free Workplace Florida Lottery Invitation to Negotiate #001-14/15 Page ii

7 PART 1: DEFINITIONS Advertising Campaign: Agreement: A group of advertisements, commercials and related promotional materials and activities that are designed to be used as part of a coordinated and integrated advertising plan to meet the specified advertising objectives of the Lottery. The two-party signature document (or three-party in the event a parent company serves as financial guarantor or a joint Reply) 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; the successful Vendor's Proposal; any provisions added/modified as a result of negotiations; and the Contractor s annual Marketing Plan as an integral part of the Agreement. The terms Contract and Agreement may be used interchangeably. In the event of a conflict in language among any of the documents referenced above, the provisions and requirements of the Agreement will govern. Authorized Representative: Best Value: Business Day: Creative: The owner, corporate officer or director of the Vendor, Substantial Subcontractor, or party authorized to legally bind it in a contractual obligation. Highest overall value to the State based on factors that include but are not limited to price, quality, design and workmanship. Monday through Friday except legal holidays observed by the State of Florida, Saturdays and Sundays. The terms working days and business days may be used interchangeably. Includes but is not limited to television, radio, print, out-of-home (OOH), digital advertising, plus an extensive array of merchandising items and point of sale materials. Florida Lottery Invitation to Negotiate #001-14/15 Page 3

8 Creative Concepts: The Contractor s work under the resulting Agreement to ultimately define and present to the Lottery different models for possible Advertising Campaigns which are appropriate for the Lottery s needs at any time, including but not limited to the process of determining which Production, Media, merchandising items, and point of sale materials should be used. Creative Concepts include, but are not limited to, proposals for advertising in television, radio, print, out-of-home, digital advertising, and use of an extensive array of merchandising items and point-of-sale materials. Contractor: Contract Manager: Cost Estimate: Day: Florida Accountability Contract Tracking System (FACTS): Flight: The Vendor with whom the Lottery executes an Agreement to provide the required commodities or contractual services pursuant to this Solicitation. An employee of the Lottery s staff designated by the Secretary, that will be responsible for enforcing the performance of the Agreement terms & conditions and serve as a liaison with the Contractor. The document prepared by the Contractor for Lottery approval of expenditures that are reimbursable by the Lottery pursuant to the resulting Agreement, which includes a clearly-defined scope of work and an itemized assessment detailing the proposed financial obligations resulting to the Lottery. A calendar day. State of Florida, Department of Financial Services centralized, online statewide contract reporting system. In media scheduling, a term that indicates the length of the advertising period. Typically, an advertising campaign runs for a specified number of weeks, followed by a period of inactivity, and then is resumed. Each activity period is known as a flight. Fiscal Year (FY): The Lottery s fiscal year begins July 1 and ends June 30. General Market: Invitation to Negotiate (ITN): Non-Spanish Language Market The process used to communicate procurement requirements and request responses from interested vendors. A written or electronically posted solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of commodities or contractual services. The terms ITN and Solicitation may be used interchangeably. Florida Lottery Invitation to Negotiate #001-14/15 Page 4

9 Lottery: Media: Production: Reply: Secretary: State: Subcontractor: Substantial Subcontractor: Successful Vendor: Vendor: Vendor Bid System (VBS): The State of Florida, Department of the Lottery. The various mass media that can be employed to carry advertising messages to potential audiences or target markets for products, services, organizations, or ideas. These include, but are not limited to, digital, social Media, spot television, cable television, spot radio, magazines, newspapers, print and out-of-home advertising. A Creative Concept approved by the Lottery, to be performed by either the Contractor or Contractor s Subcontractor, and that includes but is not limited to work managing the delivery and receipt of the approved Creative Concept, which includes but is not limited to scripts and talent. The complete written response of a Vendor to this Solicitation including properly completed forms, supporting documents, and attachments. The Secretary of the Florida Lottery or an employee of the Lottery authorized to act on behalf of the Secretary. The State of Florida and its departments, boards and commissions, officers and employees. Any person other than an employee of the Contractor who provides products or performs any of the services listed in this Solicitation for compensation. Any subcontractor to which the Contractor subcontracts a substantial portion of the work to be performed under the resulting Agreement, as provided in section (2)(a)4, Florida Statutes. This includes related work that is critical to the security, integrity, or operational performance of the Lottery. The Vendor to whom the Lottery awards and with whom the Lottery intends to execute an Agreement pursuant to this Solicitation. Any organization, joint venturer or person who submits materials to the Lottery in response to this Solicitation. The State of Florida centralized, internet-based vendor information system at: END OF SECTION Florida Lottery Invitation to Negotiate #001-14/15 Page 5

10 PART 2: SOLICITATION PROCESS, SCHEDULE AND CONSTRAINTS 2.1. INTRODUCTION The Florida Lottery (the "Lottery") is a unique state agency that functions as an entrepreneurial enterprise to generate funds for the enhancement of public education. Advertising services are essential to communicate Lottery games and promotions for increased sales. The purpose of this Invitation to Negotiate (the ITN ) is to establish a multi-year Agreement (refer to Attachment A, section 1.3: Term) for advertising services & related commodities and services as specified in Part 3 of this Solicitation. Vendors can ensure their company is registered to receive notification of advertisements, addenda and notices by visiting the following link: and selecting the Notification link. The commodity code vendors should register for pertaining to this Solicitation is: : Advertising, : Publicity and Marketing Advisory, and : Marketing and Distribution. The Lottery hereby incorporates by reference the material and attachments contained herein, and addenda to this Solicitation, as well as the Library of Procurement Information and Standard Forms (the Library ) pertinent to the preparation of Replies and the understanding of the Agreement requirements, with each applicable document/form identified as a hyperlink in this Solicitation. The Library is located on the Lottery s Internet site and the URL is: If unable to read or download material from this site, Vendors should contact the Issuing Officer identified in section 2.5. 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 Reply contents by a Vendor or agent of the Vendor prior to the Reply becoming a public record may result in rejection of the Reply 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 HEADINGS The headings used in this Solicitation are for convenience only and will not affect the interpretation of any of the terms and conditions hereof PROCUREMENT AUTHORITY Vendors preparing a Reply should be familiar with the Florida Public Education Lottery Act ( Lottery Act ), which establishes the purpose, powers, duties, and procedural framework of the Lottery. The Lottery Act, Chapter 24, Florida Statutes, may be found at Florida Lottery Invitation to Negotiate #001-14/15 Page 6

11 This Solicitation, and all activities leading toward the anticipated signing of an Agreement pursuant to this Solicitation, is conducted under Chapters 24 and 287, Florida Statutes; Rule 53ER07-55; and Chapter 60A, Florida Administrative Code, as applicable. The Lottery considers it in the best interest of the State of Florida to acquire the commodities and services described herein through a competitive procurement process 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, evaluation, and negotiation of all Replies received in response hereto and will govern any and all claims and disputes which may arise between persons submitting a Reply 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. Also applicable are any requirements, rules or procedures required by the Multi-State Lottery Association and Rule 71A, Florida Administrative Code ISSUING OFFICER The Issuing Officer, 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. Summer Silvestri Procurement Management Florida Lottery 250 Marriott Drive Tallahassee, Florida Fax: (850) purchasing@flalottery.com All s to the Issuing Officers should contain the Solicitation Number in the subject line of the 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 (72) 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 Reply. Florida Lottery Invitation to Negotiate #001-14/15 Page 7

12 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. For breach or violation of this warranty, the Lottery will have the right to terminate any Agreement in accordance with the termination clause, and in its sole discretion, to deduct from that Agreement any cost or consideration or otherwise recover the full amount of any such commission, percentage, brokerage or contingent fee. No attempt will be made by Vendors to induce any other person or entity to submit or not submit a Reply for the purpose of affecting competition Hiring and Other Business Relationships with Lottery Staff During the period from Solicitation issuance until the signing of the Agreement, Vendors are prohibited from officially or unofficially making any employment offer or proposing any business arrangement whatsoever to any Lottery employee. A Vendor making such an offer or proposition may be disqualified from further consideration, or an Agreement signed pursuant to this Solicitation may be terminated 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 Solicitation Advertised / Released Questions Submitted in Writing DUE DATE AND TIME Tuesday, June 16, 2015 Must be received PRIOR TO: Wednesday, July 1, :00 PM ET APPLICABLE INFORMATION & LOCATION Posted to the Vendor Bid System at: Submit to: Florida Lottery Procurement Management Attention: Summer Silvestri 250 Marriott Drive Tallahassee, FL Fax: (850) purchasing@flalottery.com State Observed Holiday: Independence Day Answers to Questions Monday, July 13, 2015 (Anticipated Date) Posted to the Vendor Bid System at: Florida Lottery Invitation to Negotiate #001-14/15 Page 8

13 EVENT Sealed Replies Due Administrative & Technical Replies Opened DUE DATE AND TIME Must be received PRIOR TO: Tuesday, July 28, :30 PM ET Tuesday, July 28, :00 PM ET APPLICABLE INFORMATION & LOCATION Submit to: Florida Lottery Procurement Management Attention: Summer Silvestri 250 Marriott Drive Tallahassee, FL PUBLIC MEETING Florida Lottery 250 Marriott Drive Tallahassee, Florida Reply Qualification & Cure Process To Be Determined Pursuant to section 2.20 of this Solicitation. Evaluation of Replies Creative Work Assignments, Oral Presentations & Interviews Cost Replies Opened Negotiations Notice of Agency Decision posted To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined PUBLIC MEETING Florida Lottery 250 Marriott Drive Tallahassee, Florida Pursuant to section , Florida Statutes, Vendor presentations are not public meetings. PUBLIC MEETING Florida Lottery 250 Marriott Drive Tallahassee, Florida Pursuant to section , Florida Statutes, Vendor negotiations are not public meetings. Posted to the Vendor Bid System at: Florida Lottery Invitation to Negotiate #001-14/15 Page 9

14 2.8. ADDENDA OR NOTICES The Lottery reserves the right to modify this Solicitation by issuing an Addendum. Any notices or addenda to this Solicitation will be posted on the State of Florida Vendor Bid System (VBS). Potential Vendors must monitor the VBS for addenda or notices issued relating to this Solicitation VENDOR QUESTIONS Vendors may submit written questions or requests for clarification regarding the Solicitation terms, conditions, requirements, and Reply submission and evaluation processes. Questions relevant to this Solicitation or requests for changes to the Solicitation must be received, in writing (mailed, hand-delivered, faxed, or ed), by the Issuing Officer by the time indicated in section 2.7: 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; including cost information in solicitation questions may cause the Reply to be disqualified PUBLIC RECORD REQUESTS Public records requests submitted by Vendors will be answered as promptly as possible in the ordinary course of business PROTESTS Any person 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 , Florida Statutes, file a formal written protest in appropriate form within seventytwo (72) hours (excluding State holidays, Saturdays and Sundays) after posting of the Solicitation or any subsequent addenda. Any Vendor who disputes the Lottery s Notice of Agency Decision must, pursuant to section , Florida Statutes, file a formal written protest in appropriate form within seventy-two (72) hours (excluding State holidays, Saturdays, and Sundays) of posting of the Notice of Agency Decision. Any Vendor who files a formal written protest must, at the time of filing, post a bond, payable to the Lottery, in the amount of 1 percent of the estimated Agreement value as set forth in section (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 , Florida Statutes, will constitute a waiver of proceedings under Chapter 120, Florida Statutes. Florida Lottery Invitation to Negotiate #001-14/15 Page 10

15 All filings must be made with the Agency Clerk only and are considered filed when stamped by the official stamp of the Agency Clerk. It is the responsibility of the filing party to meet all filing deadlines. Agency Clerk Florida Lottery 250 Marriott Drive Tallahassee, Florida Pursuant to section (3)(f), Florida Statutes, no submissions made after the Lottery announces its intent to award an Agreement, reject all Replies, or withdraw the Solicitation which amend or supplement the Reply will be considered VENDOR FELONIES, CONVICTED, DISCRIMINATORY & SCRUTINIZED COMPANIES LISTS Consistent with Florida Law, no Vendor may submit a Reply or be awarded an Agreement if any of the following conditions exist: 1. The Vendor or any of its officers, directors, joint venturers, partners, or trustees have been convicted of, or entered a plea of guilty or nolo contendere to a felony committed in the preceding ten years, regardless of adjudication, unless the Lottery determines that: (i) the Vendor (or such an individual) has been pardoned or the Vendor s (such individual s) civil rights have been restored; (ii) subsequent to such conviction or entry of plea, Vendor (or such an individual) has engaged in the kind of law-abiding commerce and good citizenship that would reflect well upon the integrity of the Lottery; or, (iii) if the Vendor is not an individual, the Vendor has terminated its relationship with the individual whose actions directly contributed to Vendor s conviction or entry of a plea. 2. Vendor s name appears on the convicted or discriminatory vendor lists maintained by the State of Florida, Department of Management Services in accordance with sections and , Florida Statutes. 3. An entity, person or affiliate who has been placed on the discriminatory vendor list or the convicted vendor list following a conviction for a public entity crime may not: submit a bid, proposal, or reply for an agreement to provide any goods or services to a public entity; submit a bid, proposal, or reply for an agreement with a public entity for the construction or repair of a public building or public work; submit a bid, proposal, or reply on leases of real property to a public entity; be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement with any public entity; transact business with any public entity, if on the discriminatory vendor list; or transact business with any public entity in excess of the threshold amount provided in section for Category Two for a period of 36 months following the date of being placed on the convicted vendor list. Florida Lottery Invitation to Negotiate #001-14/15 Page 11

16 4. No company on the Scrutinized Companies with Activities in Sudan List; the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or are engaged in business operations in Cuba or Syria may submit a Reply for or enter into an Agreement with an agency for goods or services of $1,000,000 or more. In submitting a response to this Solicitation, the Vendor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and is not engaged in business operations in Cuba or Syria. If a Vendor submits a false certification, its Reply may be deemed 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 COSTS ASSOCIATED WITH REPLY Neither the Lottery, nor the State of Florida, will be liable for any costs or liabilities incurred by a Vendor preparing or submitting a Reply, presentation or creative work assignments, including, but not limited to preparation, copying, postage, travel, and delivery fees and expenses that may be required by this Solicitation 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 2.5, or use the Florida Relay Service at (TTY), at least forty-eight (48) hours prior to the scheduled meeting REPLY RECEIPT AND OPENING Replies must be sent or delivered to the Florida Lottery, Procurement Management Office, 250 Marriott Drive, Tallahassee, Florida The State of Florida, Florida Lottery date and time stamp will be the official recorded time of receipt. Electronic Replies or submissions will not be accepted. The Issuing Officer must receive Replies (mailed or hand-delivered) pursuant to this Solicitation no later than the date and time shown in the section 2.7: Schedule of Events. Failure of a Vendor to submit its Reply by the specified date and time will result in rejection of the Reply, unless the Lottery determines, in its sole discretion, that the failure to timely submit the Reply is a result of circumstances beyond the control of the Vendor. Replies that are rejected for being late will be retained by the Lottery. The public may attend the Reply opening, at which time the names of the responding Vendors will be read aloud; however, pursuant to , Florida Statutes, the public may not immediately review any submitted Reply. Vendor Cost Submittals will not be opened at this time. Florida Lottery Invitation to Negotiate #001-14/15 Page 12

17 2.16. DISCLOSURE AND OWNERSHIP OF REPLY CONTENTS BY THE LOTTERY All matters set forth in a Vendor's Reply including, without limitation, administrative, proposed commodities/services and cost information, will be subject to disclosure after solicitation award, except as addressed under the section 4.2.2: Confidential Reply Materials. All information in a Vendor's Reply and any Agreement resulting from this Solicitation are subject to the provisions of Florida s Public Records Act, 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 Reply, including the Reply of an unsuccessful Vendor, unless prohibited by law WITHDRAWAL FROM CONSIDERATION The withdrawal of a Reply from consideration may be requested in writing within five business days after the established submission date and time. Requests received in accordance with this provision may be granted by the Lottery upon proof of impossibility to perform, or based upon an obvious error. Replies withdrawn from consideration will be retained by the Lottery. Any request for withdrawal submitted after five business days will be subject to the Reply bond provisions of section CLARIFICATION PROCESS The Lottery may request clarifications from Vendors for the purpose of resolving ambiguities or questioning information presented in the Replies. Clarifications may be requested throughout the Solicitation process. Clarification responses must be in writing and must address only the information requested. Clarification responses must be submitted to the Lottery within the time specified by the Lottery at the occasion of the request ACCEPTANCE/REJECTION OF REPLIES The Lottery reserves the right, at its sole discretion, to accept or reject any or all Replies, or separable portions thereof at any time during the Solicitation process; re-solicit for new Replies; abandon the need for such commodities and services; or award in whole or in part as deemed by the Lottery to be in its best interest. The Lottery may reject any Reply not submitted in the manner specified by this Solicitation REPLY QUALIFICATION & CURE PROCESS The Reply Qualification process enables the Lottery to determine each Vendor s compliance with non-material requirements of this Solicitation as specified in section 2.22: Non-Responsive Replies. The Lottery desires maximum competition in procuring commodities and services and as part of the Reply Qualification process will seek to minimize, if not eliminate, Vendor disqualifications resulting from non-material, curable deficiencies in the Vendor s Reply. The Lottery will notify each Vendor of curable Reply deficiencies and provide a timeframe within which Vendors are to provide the requested information. Failure of a Vendor to supply all information requested by the Lottery, within the timeframe established, including information on Substantial Subcontractors may result in a determination of non-responsiveness and removal of the Vendor from further consideration. Florida Lottery Invitation to Negotiate #001-14/15 Page 13

18 The Lottery may require disclosure of the information required by section 4.4: of this Solicitation from any Vendor or Subcontractor if the Lottery finds that such disclosure is necessary to protect the dignity and integrity of the Lottery and the best interests of the State. The Lottery reserves the right, at its sole discretion, to deem any proposed Subcontractor as a Substantial Subcontractor. In order for the Lottery to enter into an Agreement with the Successful Vendor, the Successful Vendor and its Substantial Subcontractors, if any, must receive a favorable determination of financial responsibility and pass the Lottery s background investigation INFORMATION FROM OTHER SOURCES The Lottery reserves the right to seek and obtain credible and authoritative information from outside sources regarding the Vendor, the Vendor's offerings, capabilities, references, and the Vendor's performance, if the Lottery deems such information pertinent to this Solicitation. The Lottery may consider such information throughout the Solicitation process, including but not limited to evaluation and negotiation of the Vendor s Reply. This may include, but is not limited to, the Lottery engaging consultants, subject matter experts and others to ensure that the Lottery has complete and accurate information pursuant to this Solicitation NON-RESPONSIVE REPLIES Each Vendor must timely submit a Reply that meets all material requirements of this Solicitation. Material requirements of this Solicitation are those without which an adequate analysis and comparison of Replies is impossible, or those that affect the competitiveness of Replies, or the cost to the Lottery. The Lottery reserves the right to determine whether a Reply meets the material requirements of this Solicitation. The Lottery also reserves the right to waive any minor irregularity, technicality, or omission in a Vendor s Reply. Minor irregularity, in the context of this Solicitation, means a variation from the Solicitation terms or requirements, that do not affect the cost to the Lottery, give a Vendor an advantage or benefit over other Vendors thereby restricting or stifling competition, or adversely impact the interests of the Lottery. Requests for changes to terms and conditions of the Agreement may be addressed through the question and answer process, submitted pursuant to section 2.9: Vendor Questions. Replies that do not meet all material requirements of this Solicitation will be rejected as nonresponsive. 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 for negotiations. Unless modified by addendum or expressly changed in an answer to a question, submitted pursuant to section 2.9: Vendor Questions, acceptance of the Terms and Conditions is a material requirement of this Solicitation and will be deemed evidenced by submission of a Reply DISQUALIFICATION FOR NON-RESPONSIBILITY A responsible Vendor is a Vendor determined by the Lottery to have the capability in all respects to fully perform the Agreement requirements and to have the integrity, security, reliability, and financial condition which will assure good faith performance. The Lottery will review Replies to determine responsibility. Business stability and wherewithal to perform and support the Lottery are required. Florida Lottery Invitation to Negotiate #001-14/15 Page 14

19 A Vendor will be rejected as non-responsible if, in the Lottery s judgment after evaluating documents submitted in response to this Solicitation, it does not possess the capability in all respects to perform the Solicitation or resulting Agreement requirements, has a conflict of interest in serving the Florida Lottery or fails to demonstrate sufficient responsibility, security, integrity, financial condition and reliability to assure good faith performance EVALUATION TEAM The Lottery s Evaluation Team will consist of at least three persons who the Lottery determines to collectively have experience and knowledge in the program areas and service requirements sought in order to conduct a comprehensive, fair, and impartial evaluation of Replies received in response to this Solicitation. Team member names will not be announced prior to the start of evaluations EVALUATION CRITERIA The Lottery will evaluate Replies against all evaluation criteria set forth in this Solicitation, in the below two phases after the Reply Qualification Review is completed, in order to establish a competitive range of replies reasonably susceptible of award. Phase I Volume Two: Vendor Scope of Work Response & Solution 3680 points maximum Phase II Volume Three: Creative Work Assignments, Oral Presentation & Interview 920 points maximum MAXIMUM AVAILABLE POINTS 4,600 Emphasis in each Reply should be on completeness and clarity of content, thereby enabling the Lottery to make a fair evaluation of the Vendor and its Reply. The ability of the Lottery to evaluate a Vendor s Reply is dependent upon the completeness of the Reply. Failure of a Vendor to provide information requested by this Solicitation may result in the reduction of scoring during evaluation of that criterion Scoring and Ranking A weighted scoring system will be used in the evaluation of Vendor Replies with each criterion assigned a weight factor. Each Reply will be evaluated and scored based on the criteria defined in Attachment B: Evaluator Multiplier Score Form (Phase I). For each evaluated Reply, each Evaluator will assign a numerical score for each evaluation criteria, consisting of a whole number from 0 to 5, which is the multiplier score which will represent the Evaluator s assessment of the relative merits and the quality of the Reply for that criterion. Vendors are cautioned that a poor response to a lesser-weighted criterion may have a significant impact on the Vendor s total reply score. Florida Lottery Invitation to Negotiate #001-14/15 Page 15

20 All of the Evaluators multiplier scores for each criterion in each evaluated Reply will be added together to obtain the Total Criterion Multiplier Score. The Total Criterion Multiplier Score will be divided by the number of Evaluators to arrive at an average multiplier score for each criterion, rounded to the nearest one-tenth decimal point. The average multiplier score will be multiplied by the weight factor for each criterion, to obtain the total criterion points; with the total criterion points, for each criterion, added together to obtain the applicable phase score, for each evaluated Reply Phase II: Creative Work Assignments, Oral Presentation & Interview IDENTICAL TIE BIDS The Lottery will invite all Vendors awarded 80 percent or more of the Phase I points, or 2,944 or more points, to Phase II where they will make an oral presentation of their Volume Three: Creative Work Assignments to the Evaluation Team in Tallahassee, Florida demonstrating their capabilities, strengths, and approach to conceptualizing, presenting, producing, and executing a fully integrated campaign. Upon completion of Phase I, the Lottery will notify Vendors within the competitive range, and provide further administrative instructions. Each Reply within the competitive range will be evaluated based upon the criteria in Attachment E: Evaluator Multiplier Score Form (Phase II). Vendors should refer to section 4.3: Reply Contents for additional information on submitting the Creative Work Assignments, and section 4.5.3: Vendor Personnel Qualifications (Staffing Plan) for additional information regarding Vendor personnel eligible to participate in the presentation process. The Evaluation Team will have the opportunity to ask questions as part of the oral presentation. The Lottery will combine the Phase I and Phase II scores for each evaluated Reply to determine the total reply score, rounded to the nearest one-tenth, for each eligible Reply. In the case of an exact tie, the tie will be resolved in accordance with section , Florida Statutes and rule 60A-1.011, Florida Administrative Code, which may include certification that a drug-free workplace has been implemented. Vendors may execute and return Certification of Drug Free Workplace to be considered in the event of an exact tie Reply COST REPLY OPENING Cost Replies will be opened, read aloud and recorded in a public meeting after scoring of Replies. Cost Replies will not be scored, but will be a factor considered during negotiations. Florida Lottery Invitation to Negotiate #001-14/15 Page 16

21 2.28. NEGOTIATION PROCESS Points and scores assigned by the Evaluation Team are used only to select Vendors reasonably susceptible of contract award and are not considered in the negotiation phase. The scoring of responsive Replies establishes a reference point for deciding whether or not to negotiate and in no way implies that an Agreement will be awarded. The Lottery will select one or more Vendors within the competitive range with which to commence negotiations. The Lottery reserves the right to enter into concurrent negotiations with more than one Vendor or to conduct negotiations sequentially. Negotiations may continue until an Agreement is reached or all of the Replies are rejected. The Lottery reserves the right to negotiate with one or more, all, or none of the responsible Vendors submitting responsive Replies to this Solicitation, but is not obligated to do so. The Lottery further reserves the right not to eliminate any responsive, responsible Vendor from consideration during Negotiations, including but not limited to Vendors not in the competitive range and/or Vendors not brought forward during Phase II, as determined to be in the best interest of the State. The Lottery reserves the right to reject, in its sole discretion, any or all Replies at any time during the Solicitation process. The Lottery reserves the right to make the final determination of whether to enter into an Agreement after the negotiation process is completed. The Lottery reserves the right to negotiate changes to the Terms and Conditions of Attachment A and the Mandatory Requirements of Contract during the negotiation process in order to achieve best value for the State NOTICE OF AGENCY DECISION At the conclusion of Negotiations, the Lottery will post a Notice of Agency Decision on the State s Vendor Bid System The Lottery will award to the responsible, responsive Vendor determined by the Lottery to provide the best value to the state. An award from this Solicitation does not guarantee execution of an Agreement and execution of an Agreement does not guarantee placement of an order for commodities and services from the Lottery CONTRACT PREPARATION Contracting Officer The Contracting Officer that will act on the Lottery s behalf for contractual matters is: Ms. Cynthia O Connell, Secretary Florida Lottery 250 Marriott Drive Tallahassee, Florida Florida Lottery Invitation to Negotiate #001-14/15 Page 17

22 Contract Execution The successful Vendor should be prepared to enter into a written Agreement with the Lottery promptly after receiving the draft Agreement from the Lottery. Any failure or refusal to do so may, in the sole discretion of the Lottery, result in award of the Agreement to another Vendor. The contents of the ITN and any resulting addenda and the successful Vendor s Reply will become contract obligations if a Contract ensues. END OF SECTION Florida Lottery Invitation to Negotiate #001-14/15 Page 18

23 PART 3: SCOPE OF WORK 3.1. INTRODUCTION The Lottery desires a Contractor to partner with the Lottery leadership team, in the development and evolution of the Lottery business, brand and product portfolio to further the Lottery s mission. The Contractor will provide effective and efficient statewide general market advertising services & related commodities and services to Florida markets consistent with the dignity and integrity of the State for the promotion of Lottery games and initiatives, in order to raise funds for public education. In creating and executing advertising, the Contractor must be committed to the same objectives as the Lottery. The program will support the following objectives of the Lottery: 1. Increase sales and awareness of the Lottery brand and products among current players (as measured by an independent research agency that is contracted with the Lottery); 2. Attract new and lapsed players with a clear and efficient presentation of current and new games as part of the overall fun and excitement of playing Lottery games; 3. Inform the public about the significance of Lottery funding to the state s overall system of public education; 4. Maximize contributions to the Educational Enhancement Trust Fund (EETF); and 5. Provide players with the knowledge to purchase Lottery products in a responsible manner. The Florida Lottery Overview provides information about the Lottery s contributions to education, game information, retailer base, and sales goals. Additional information about the Lottery may be obtained by visiting its website at: SCOPE The advertising services and commodities to be provided by the Contractor, within the time and constraints specified by the Lottery, include but are not limited to: 1. account management; 2. creating advertising concepts and designs; 3. television and radio production and special events; 4. web-based development and marketing support; 5. promotions and promotional materials; 6. public awareness campaigns; 7. strategic planning and research; 8. participation in focus groups and planning meetings; 9. participation in industry conferences, trainings, and other educational events; 10. procurement of multi-media (TV, radio, print, and other media outlets) commodities or services, including production services; 11. graphic design; 12. social media; 13. media planning and research; Florida Lottery Invitation to Negotiate #001-14/15 Page 19

24 14. media evaluations of special event and sponsorship opportunities; 15. media placement and verification; 16. return on investment performance analysis; 17. collaboration/communication with other Lottery Contractors; 18. reports, as requested or specified by the Lottery; 19. point of view (POV) position papers; 20. multi-lingual commodities and services, if needed; 21. public relations commodities and services, if needed; 22. capability for campaigns to evolve into specific product messaging after the initial launch is completed; 23. access to software program with the capability to track expenditures and query reports; 24. other assignments, as requested/directed by the Lottery; and 25. any other commodities and services the Vendor offers that may be of value to the Lottery s account. Based upon the total annual advertising appropriation requested for fiscal year , the Lottery has assigned $24 million to general market advertising; however, the appropriation amount is not known at this time and cannot be assured DESIRED QUALIFICATIONS Vendors should have an established history of providing advertising services in the State of Florida. The Lottery desires a Vendor, in its current organizational structure, that has verifiable, annual billings of a minimum of $10 million within at least one of the three immediately preceding years, or verifiable anticipated billings in the current year. Vendors should have a strong knowledge of Florida s population and demographics, the Florida Lottery players and demographics, and demonstrable skills in maximizing funds ACCOUNT MANAGEMENT The Contractor must designate a Budget/Billing Team to work directly with the Lottery s respective Units on a daily basis. Vendors should have an established presence in Florida. The Contractor must have a current or proposed branch office in Tallahassee, Florida, where at a minimum the Contractor s Account Manager for the Lottery must be located. The Contractor must provide an Account Management Team with demonstrated experience that will work collaboratively with the Lottery in executing the daily account activities. The Contractor s Account Management Team is expected to build and maintain an industry knowledge base enabling them to provide informed recommendations to better assist the Lottery in its business decisions. At a minimum, the Contractor s Account Management Team must include an Account Manager dedicated to the Lottery account Co-Location at the Lottery The Contractor may co-locate with the Lottery in its Tallahassee headquarters building. The Vendor s Reply should contain the square footage desired, which is subject to the Lottery s approval. Florida Lottery Invitation to Negotiate #001-14/15 Page 20