TEXAS LOTTERY COMMISSION REQUEST FOR PROPOSALS FOR ... ¢â‚¬› ... ¢â‚¬› QA_Promo_Product_2018_Final_Full_Q¢ 

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    October 10, 2018

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    Note to All Prospective Proposers:

    The following responses include questions raised and answers provided during the pre-proposal

    conference held on September 24, 2018, and questions submitted in writing by the RFP deadline.

    In its answers to the following questions, the Texas Lottery has attempted to provide both

    accurate and thorough responses. Some answers may clarify or modify the RFP, and every

    Prospective Proposer is on notice of each answer’s content. Answers that modify the RFP are so

    noted. Answers apply only to the facts as presented in each specific question.

    Proposers shall review all sections of the RFP along with this document to ensure a complete

    understanding of the requirements. Any exceptions to the RFP shall be noted in the proposal, as

    required under Section 2.7 of the RFP.

    Please note: Any questions regarding the HUB Subcontracting Plan (HSP) are in a separate

    document that will be updated throughout the procurement process.


    1. Are the samples blank random samples or do they all have to be embroidered or imprinted with the Lottery’s logo?

    RESPONSE: Section 4.5 points out all the samples that are to be included with a submitted Proposal. It’s everything that’s on the chart. For clarification, only one sample needs to be embroidered with the Texas Lottery logo. None of the other samples require a logo or design. If you need the logo you can contact Sonya at contracts@lottery.state.tx.us.

    2. You have several logos, you will let us know which one to use?

    RESPONSE: Yes. You can make your request through Sonya Bebley at contracts@lottery.state.tx.us.

    3. Just to clarify, so when we’re submitting the proposal you’re getting blank samples and then initially whoever is awarded the bid will get you actual spec samples with

    the Lotto. So like the tumbler for instance.

    RESPONSE: No. We will only ask the Successful Proposer to produce an item with a logo if we are ordering that specific item. The samples Proposers

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    provide are actually the specification samples that are in the RFP, and need to be submitted with the Proposal. The samples are the actual items that would be ordered under the contract, Proposers cannot provide a sample for a brand name and substitute with off- brand if awarded a contract. Only one (1) sample item needs to be embroidered. The rest of the samples submitted with a Proposal can be blank, or they can have any logo, as an example. But, all items must meet the specifications in the RFP.

    4. You will get the other sections that are more specific about the items? RESPONSE: Correct. Part 6, specifically Section 6.19 of the RFP, gives the specifications for each item.

    5. Going back to financial institutions or bankers have a concern with the termination at will or for cause. How often does that happen and what are the grounds in which

    that has happened in the past?

    RESPONSE: Not very often, but it is a standard provision in the Texas Lottery’s contracts. Some examples of where these provisions could be used are where the contract is no longer needed, a conflict of interest has arisen, a vendor becomes ineligible, etc.

    6. Going back to the bond that is required, I am trying to see how that works for promotional products. I know with constructions they have bonds but for promotional

    products I am trying to see how?

    RESPONSE: It’s a performance bond, and it’s not the same as a construction bond. It’s based on the performance. If for any reason you fail to perform or walk away from a job, then we can take that bond. That is why the bond must contain the language specified in Attachment F.

    7. Have you had that in the past for promotional? RESPONSE: We have never had to pull a bond for a Promotional Products Contract, nor have we cancelled a promotional contract either. By statute, all Texas Lottery contracts require a performance bond. If you have trouble getting a bond, we can point you to some sureties that have written similar bonds with similar dollar amount.

    8. The second round of US tariffs to China are going to go into effect in January and there’s several products that it will affect and it could be as much as a twenty- five

    percent increase. Would you like for us to asterisk those products so you know?

    RESPONSE: Please see Amendment Nos. 6, 7, 8 and 9.

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    9. The items that you have listed are these items that you’ve bought in the past before? RESPONSE: Not all of them. Attachment H indicates promotional product order history. You’ll see the items that we ordered in the last two years, Fiscal Years 2017 and 2018.

    10. Are new items stock items, they exist or are they custom items? RESPONSE: No items are essentially stock items. We like to change or mix- up promotional items that we give away. Attachment H will give you the items that we purchased in 2017-2018. This also gives the quantity of past items, and a list of new items that we have not ordered before.

    11. Specs for the new items, the description, did you get them from catalogues, online, or an extra product?

    RESPONSE: The specifications for each item are listed in RFP Section 6.19.

    12. For instance, the windbreaker I see that 2018 will be the first year for that item. So your description for the windbreaker, did you have that actual windbreaker or did you

    get the specs online, from a catalog? The reason why I am asking there are lots of

    windbreakers out there can be 100 percent and whatever. I am just trying to make

    certain that we provide you exactly what you are asking for. RESPONSE: Specifications were obtained from multiple sources including online catalogs. Please refer to RFP Section 6.19 that lists the individual specifications for each item. In some instances, we listed a name brand description and the item should be equal or better than the brand specified. You really need to pay attention to the specifications and exactly how they are written.

    13. Do you have items from last year or the previous year on hand that you can see, touch and feel? Are there any spec samples from previous years? Do you have the acrylic

    cup that was printed, do you keep anything? RESPONSE: Yes, we do have spec items that were obviously submitted with the vendors’ proposals, and used under the Contract. We are unsure how helpful these would be to a Proposer, as the items are different than those requested in this RFP. Proposers must submit a sample to be included with their Proposals of all the items listed in RFP Section 4.5, and each item must meet the specifications in RFP Section 6.19.

    14. To make our life easy a lot of times ASI number or the actual manufacturer number that those items came from are listed on those items. So just to see what quality of

    things that you’ve done previously.

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    RESPONSE: What we have done in the past isn’t necessarily indicative of what we’re doing in the future. The specifications that we want on the items for the current RFP are listed in 6.19. We gave an associated brand for a requested item, where possible. TLC will not provide the past items. We do not believe they would be helpful because our requirements for this RFP have changed. Again, the TLC does not tend to order the same promotional products over and over. Also, we do not have standard items, because we’re trying to keep our products fresh.

    15. I guess if you had something and you know you could ask the question is this quality the one that you guys liked didn’t like, you know you could get feedback on that

    item? RESPONSE: Promotional items shall meet the specifications of the RFP. If it meets the specifications in the RFP, then you are good. There could be multiple brands, or like items, that meet those specifications. If we’ve identified the brand, then we want that brand—or an item that’s equal to or better than the brand specified. In addition, please refer to Question No. 3.

    16. So when you mention a specific item like the pop-up tent that you want from a manufacturer that’s what you want?

    RESPONSE: It could be an off-brand, but we want an item that’s equal to or better than the specified brand.

    17. On the description where it says it’s an equal or better item that’s what you’re referring to which is fine until you come down to the custom items. I don’t expect a

    physical sample but is there a, maybe a diagram, a picture or the logo that would be

    used? Because when it comes to custom ornaments we have suppliers asking us for

    more detail of those items? RESPONSE: Yes, the ornaments are custom. Every year, the design changes to keep them fresh. Please see Exhibit A.

    18. On your shipping costs the eight percent, does that normally work or have there been times where it’s ten percent or more?

    RESPONSE: The current vendors have been