Upon determination that liquidated damages are to be assessed, the Lottery shall notify the Contractor of the assessment in writing.

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2 2.3.1 Notification of Liquidated Damages Upon determination that liquidated damages are to be assessed, the Lottery shall notify the Contractor of the assessment in writing Severability of Individual Liquidated Damages If any portion of the liquidated damages provisions is determined to be unenforceable in one or more applications, that portion remains in effect in all applications not determined to be unenforceable and is severable for the unenforceable applications Waivers of Liquidated Damages The waiver of any liquidated damages due the Lottery shall constitute a waiver only as to such specific occurrence and is not a waiver of any future liquidated damages. Failure to assess liquidated damages within any period of time shall not constitute a waiver of such claim by the Lottery Payment of Liquidated Damages Each of the categories of liquidated damages set forth below shall be a separate liability of the Contractor, and one shall not mitigate another. Once the Lottery has determined that liquidated damages are to be assessed, the Secretary shall notify the Contractor of the assessment(s). Unless otherwise directed by the Secretary, all assessed liquidated damages will be deducted from any moneys owed to the Contractor by the Lottery. In the event the amount due the Contractor is not sufficient to satisfy the amount of liquidated damages, the Contractor shall pay the balance to the Lottery within thirty (30) calendar days of written notification by the Lottery. In the event the Contractor fails to pay within the thirty (30) day period, the Lottery may make a claim for payment against the Performance Bond, with or without notice to the Contractor. To the extent that the Secretary determines that any damage was caused in part by the Lottery, or due to other circumstances beyond the Contractor s control, the Secretary may reduce the damage assessment against the Contractor. Project Number: 05-12/13 Page 14 Invitation to Negotiate Lottery Consultant Services (Revised 05/16/2013)

3 Answers to Questions from Scicom Infrastructure Services 1) Question: Who should complete Attachment B (Vendor Personal Profile Form) if the vendor is a corporation? Answer: Should the Lottery determine to conduct background investigations on the Contractor s staff, the individuals who must complete a Vendor Personal Profile Form (Attachment B) will be identified and communicated to the Contractor and the Lottery will provide a date for completion and submission of all forms. Answers to Questions from Camelot Global (North America) Inc. 2) Question: Timing In order to assist us in planning our staffing resources, can the lottery provide any further detail on the likely schedule of key milestones and deliverables concerning procurements likely to occur within the contract period, or, any requirements for the state to conclude certain activities relative to the expiration of contracts already in place? Answer: The contract for the Lottery s terminal based gaming system expires in March 2015 and the contract with the primary contractor for scratch-off tickets expires in September 2014 with 2 2 year renewals available. A likely schedule of key milestones and deliverables for these procurements is not currently available and will be coordinated with the successful vendor of this solicitation. New contracts must be competitively procured prior to expiration of contract terms, including any executed renewals. 3) Question: Compensation and Costs Would it be acceptable or preferable to provide a rate card comprising all seniority levels within our proposal who are likely to perform the services, or are we required to provide only a single blended rate cost per hour across all seniority levels? We feel that a rate card approach would offer greatest transparency in advance of planning work in detail as we approach any subsequent phases, should we be selected. Answer: The request has been considered and the Cost Reply format remains unchanged. 4) Question: References Which is the most appropriate section within the Reply Format to include references of other consulting engagements that are relevant to our proposal? Answer: Should a vendor desire to include reference information, such information may be included with the Attachments. 5) Question: Staffing Plan Given the significant weighting given to the Staffing Plan section, could you expand further on the criteria that will be applied to assessment of

4 staffing is this for example, length of experience, relevance of subject matter experience, consulting credentials, number of heads, etc? Answer: Refer to the 3 rd paragraph of Section 3.1 titled Introduction ; Section 3.3 titled Desired Qualifications ; and Section 6.4, titled Reply Evaluation Process. No additional information is available. Answers to Questions from McGladrey LLP 6) Question: Can you expand on what you mean by a statewide terminal based gaming center? Answer: A statewide terminal based gaming system can be defined as a collection of hardware, software, facilities, and procedural elements which provides useful services and which produces useful outputs that supports the Florida Lottery s product offering of instant and terminal based games. 7) Question: We have limited lottery experience, but extensive gaming experience. Would that be helpful? Answer: The question pertains to criteria to be evaluated. Therefore, guidance in submission of such information cannot be provided. Answers to Questions from North Highland 8) Question: Under the scope of services to be provided by the vendor, the list includes acceptance testing activities. What specific activities does the Florida Lottery expect for this item by the vendor? Answer: Should the Contractor be engaged for User Acceptance Testing, specific activities would involve testing a proposed terminal based gaming system against required and defined performance requirements. Also refer to the Answer for Question #6 above. 9) Question: For the term in which the contract is in effect, either during the initial four years or during either of the two potential renewal periods, does the Florida Lottery expect to retain the vendor s services on a part-time or inactive basis in the event no active procurements are in progress? Answer: The specific level of engagement on projects and billable hours will be coordinated with the Contractor. Projects unrelated to procurements have not been identified at this time.

5 10) Question: Florida Lottery indicates the selected vendor will support two impending solicitations: 1) terminal-based gaming system, and 2) scratch-off games contractor selection. Will the Lottery please provide the expected timelines for contracting, transitioning, and completing these two known procurements? Answer: Refer to the Answer for Question #2 above. 11) Question: What is the anticipated date the Florida Lottery will release the procurement for the Gaming System Contractor? Answer: it is anticipated that a solicitation for terminal based gaming system will be released in the late Summer to early Fall of Answers to Questions from Gaming Laboratories International 12) Question: Section 1.29 Defines parameters to ineligibility for future contracting. However, Section 3.2 SCOPE OF SERVICES (listed below) provides vague definitions of the required scope of work to inhibit a vendors interpretation of potential ineligibility for future contracts. Can you be more specific? Specifically, Section 1.29 INELIGIBILITY FOR FUTURE CONTRACTING Pursuant to Section (17)(c), Florida Statutes, a person who receives a contract that has not been procured pursuant to Sections (1) (3), Florida Statutes to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the Lottery for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. Section 3.2 SCOPE OF SERVICES The Contractor s consulting services may include the following: Providing expertise and assistance in competitive solicitation processes such as, but not limited to: Development of specifications; Development of evaluation methodologies; Compliance review of submissions which may include site visits; Recording and providing minutes of site visits; Evaluation processes in public meeting forums; Contract negotiations; and Factual testimony on work performed, if necessary User acceptance testing; Project management services; and Other consulting or related services. Answer: Refer to Section 3.1, titled Introduction, which states that the successful Vendor to this solicitation will also provide assistance in an impending solicitation process that will seek a gaming system contractor as well as a subsequent solicitation for scratch-off games contractor(s). Section 1.29 simply means that the successful

6 Vendor of this solicitation would not be able to participate in any manner in a response to the solicitations referenced above. 13) Question: Per Section 1.1 Introduction, if the Contractor is incorporated in another country with principal consultants located in the United States and in other countries, would such Contractor be qualified to provide domestic lottery consultant services? Does domestic mean the company must be incorporated in the US? Does domestic allow for some services (particularly drafting services) to be completed in another state or country if all presentations and discussions are held in Tallahassee, or at such other Florida locations as the Lottery should designate? Answer: The term domestic does not refer to locations where services are to be performed, nor does it mean a Vendor must be a United States company. It means that the Florida Lottery desires to contract with a Vendor that has an established history of providing lottery consulting services to the Lottery industry within the United States. 14) Question: Per Section 1.2 Definitions: Responsible Vendor, Contractor and Substantial Subcontractor It is assumed that a teaming agreement between two Joint Vendors (as referenced in sections 5.2 and 5.3) is acceptable. Is it correct that one vendor can assume the role as sole point of contact for the Joint Vendors with responsibility for designated services and the other vendor assumes responsibility for providing other designated services? Is there any reason a Contractor/Subcontractor or Substantial Subcontractor Reply would be preferred over a Joint Vendor Reply? Answer: 1) Yes. 2) Yes. 3) No. 15) Question: Per Section 1.4 Applicable Laws and procedures if two companies submit a Joint Reply, must both companies independently provide insurance coverage or can one Vendor share insurance coverage costs with the other Vendor? Answer: Contractor s manner of complying with Section 2.5, titled Insurance, is within its discretion subject to applicable law. 16) Question: Per Section Payment of liquidated Damages, where is Performance Bond defined or explained? Answer: Refer to Addendum #1 that removes this reference. 17) Question: Per Section 2.5 Insurance, can you advise the scope of the workers compensation coverage required by Florida law? Also, can you define its applicability for nondomestic companies? 2.5 INSURANCE For the term of the Contract, the Contractor shall maintain workers compensation insurance with coverage and limits as required by applicable state law. The Contractor must provide a copy of the certificates of coverage to the Florida Lottery. Answer: The Florida Lottery cannot provide advice as to which workers compensation insurance laws may be applicable to a Vendor. However, Florida s workers compensation insurance laws are set forth in Chapter 440, Florida Statutes.

7 18) Question: Per Section 2.5 Insurance, if the Contractor s principal consultants are independent contractors and not employees of the Contractor, does Florida law exclude such independent contractors from workers compensation coverage? If so, what kind of certification should the Contractor obtain to satisfy this requirement? Answer: Please refer to the answer for question #17. 19) Question: Can you define Florida Law s applicability to 1099 employees? Answer: Please refer to the answer for question #17. 20) Question: Can you define the applicability of the referenced Florida Law to work performed for a Florida contract that is not performed by employees within the state of Florida? Answer: Please refer to the answer for question #17. 21) Question: Per Section 3.3 Desired Qualifications listed below, can we presume that this contract has less than $10 million per year revenue and therefore a PMP will not be required on the negotiation team? Answer: This is correct, The Florida Lottery will not be required to have a PMP on its negotiation team for this solicitation. 22) Question: Please clarify the last sentence that the lottery desires the successful vendor to require this resource ; is this part of the contract negotiation or as part of the contract delivery team? 3.3 DESIRED QUALIFICATIONS It is desired that the successful Vendor and/or its key officers will have an established history of providing domestic lottery consulting services. Additionally, any solicitation the Lottery conducts that has a value in excess of $10 million per year requires that a Project Management Professional (PMP) who is certified by the Project Management Institute serve on the negotiation team. The Lottery desires the successful Vendor to be able to provide this resource. Answer: As stated above in the excerpt by the vendor, the PMP resource (if available from the successful Vendor) will serve on the negotiation team for any solicitation in which the annual value is in excess of $10 million. 23) Question: Can it be assumed that the Scope of Services defined in Section 3.2 in its entirety will be included for the duration of the awarded contract? Section 3.2 SCOPE OF SERVICES (listed below) provides vague definitions of the required scope of work to inhibit a vendors interpretation of potential ineligibility for future contracts. Can you be more specific? The Contractor s consulting services may include the following: Providing expertise and assistance in competitive solicitation processes such as, but not limited to: Development of specifications;

8 Development of evaluation methodologies; Compliance review of submissions which may include site visits; Recording and providing minutes of site visits; Evaluation processes in public meeting forums; Contract negotiations; and Factual testimony on work performed, if necessary User acceptance testing; Project management services; and Other consulting or related services. Answer: It is not anticipated that all of the services mentioned will be required continuously throughout the contract term and any/or all renewal terms. 24) Question: Should firms choose to execute a joint Reply, please clarify per Section 1.29 and Section 3.2 referenced in our prior question Execution of Reply: Two (2) or more firms may submit a joint Reply in response to this ITN. If a joint Reply is submitted, the Reply shall fully define the responsibilities that each firm is proposing to undertake. One firm shall be designated as the primary firm. All firms and their authorized representatives shall be identified in the transmittal letter, and all authorized representatives shall sign the transmittal letter. The Reply shall designate a single authorized official from one of the joint firms to serve as the sole point of contact between the Lottery and the joint responding firms. Any Contract resulting from the joint Reply shall be signed by principals or officers of each firm. The Lottery shall hold all firms jointly and severally responsible for carrying out all activities required by the Contract. A Vendor may submit only one (1) Reply or be included in one (1) joint Reply as a joint Responder. In the event multiple Replies are submitted, the Lottery will consider only the Reply received first. Answer: Please refer to the answer to question #12, which would apply to all firms included in a joint Reply. 25) Question: Per Section 5.3 Execution of Reply, is the last paragraph of this section interpreted to mean that a Joint Venture Reply should be submitted as one document? Answer: Yes. 26) Question: Per Attachment A - MyFloridaMarketPlace (if applicable) are consultants to the Florida Lottery included in or excluded from the My Florida Market Place requirements? Is it applicable? Answer: Yes. It is applicable to the Contractor. 27) Question: Per Attachment A - Subcontracting does this definition apply to the subcontractors participating in the initial Reply?

9 Answer: The portions of the paragraph providing for written approval of subcontracts and subcontractors do not apply to subcontractors participating in the initial Reply, who are reviewed and evaluated as part of the procurement process. 28) Question: Per Attachment A - Warranties of Contractor 1 st bullet item Does other domiciles refer to other countries where a company may be organized and constituted? Is the ITN open to Vendors organized and constituted in other countries? 2 nd bullet item Must a Vendor replying to the ITN warrant that they have obtained required licenses and permits to conduct business in Florida prior to submission of the Reply? Answer: 1) Yes; 2) Yes; and 3) No.