Request for Proposal (Rfp) s6

® Procurement Department

Date: May 3, 2017

REQUEST FOR PROPOSAL (RFP) #RFP-SGC-0055-17JD

BID DESCRIPTION: Player Rewards Online Fulfillment

BID DEADLINE: May 19, 2017 by 5pm EST

The Seneca Gaming Corporation Procurement Department is requesting bids for the above mentioned goods/service. All communications regarding this bid should be addressed to:

Seneca Gaming Corporation - Procurement Department Attn: Jack DeMarti 310 Fourth Street Niagara Falls, NY 14303 RE: # RFP-SGC- 0055-17JD Telephone: (716) 501-2670 [email protected]

All questions should be submitted in writing and answers will be distributed to all bidders. Proposals must be received by the Procurement Department on or before the date stated above by 5:00 pm ET. Proposals received after the deadline will not be considered. SGC recognizes e- mail as a sealed response in relation to this RFP.

I. Scope and Intent Seneca Gaming Corporation (hereinafter referred to as SGC) is seeking a qualified vendor to supplement its onsite Players Club Reward Program by providing a compelling online shopping and fulfilment solution for all three SGC Properties.

The contract will be awarded for up to three (3) years.

II. Specifications

A. Player Rewards Redemption Experience 1) SGC Players (Players) will have access to an easy to use online shopping and fulfillment experience that allows them to redeem their award points for compelling merchandise. 2) Players will have two ways to browse and select merchandise from the an online product catalog:

of 10 a. Onsite - via vendor supplied Ordering Devices (e.g., kiosks, tablets, etc.) located in SGC retail stores across the three SGC properties b. Remotely - via a vendor operated website using the Player’s personal computer and/or mobile device. c. The sole brand identity will be SGC branding for onsite and remote user interfaces and marketing collateral d. The online product catalog will include a wide range of mid/high-end merchandise including but not limited to, popular electrics products (i.e., iPhone, tablets etc.) i. The product catalog would not include discontinued and/or refurbished products. e. SGC will specify award points values for each product in the online catalog 3) Players may browse and save items (i.e., cart or wish list, etc.) remotely, however they may not submit their order remotely. a. Vendor and SGC systems will not be integrated to provide Player’s remote access to their current awards point totals b. All orders must be placed onsite with the help of SGC’s retail store staff c. Before releasing the Player’s order for fulfillment, SGC retail staff will confirm that the Player’s current awards point balance is sufficient to cover the order. 4) Player orders will be shipped to valid addresses in the United States and Canada. a. Optional “White Glove Service” would be offered where available.

III. Bidder Questions A. Online Product Catalog: 1) Discuss your company’s ability to provide an online catalog in-store. 2) Describe your proposed online catalog product mix. 3) Provide examples of product movement/trend reporting and analysis along with recommendations to correct or maximize various trends. 4) Do you provide consistent notification of special purchasing opportunities? Provide an example as to how this buying opportunity would be communicated as well as all parameters of this type of promotion. 5) Advertising: Please discuss your company’s plans for collateral advertising for our properties, website and products. B. Website: Discuss the details of your company’s ability to build a compelling online experience for our patrons. Discussion to include, but not limited to, the following: 1) Accessible from SGC website 2) Security measures 3) Ability to create Wish lists 4) Account history 5) Order tracking

of 10 6) Excess stock promotional area 7) Timeline needed to implement C. Order Fulfillment for drop ship and special orders. 1) Discuss your company’s in-store order stations capability/experience. 2) Do you have the capability for customers to preorder items? For example the iPhone 7. 3) The SGC requires that all special order items ship within 72 hours. Please indicate your policies regarding shipment times, method of shipping, tracking information and customer notification for shipment and back orders. 4) List any issues that may be involved in shipping to our Canadian Patrons as well as your policies and procedures for eliminating/resolving these issues. 5) SGC would like gift tags made available for in-store inclusion as well as special order purchases. The selection should include, but not be limited to, Birthday, Anniversary, Graduation, as well as all major holidays, Good Luck, Congratulations, etc. Please include samples. 6) Include, in your proposal, a list of all special services that would be available to our Patrons and how they would be advertised. 7) Discuss your company’s ability to provide proof of deliveries to SGC within 24 hours of request for any and all shipments. 8) Provide detailed information regarding your company’s discount programs with various carriers. 9) What services do you offer relevant to “White Glove Service”? 10) Explain your return policies. D. Customer Service: 1) Please discuss, in detail, your best practices relevant to the Customer Service team that will be dedicated to SGC Patrons. 2) Do you have a toll free support number? 3) What are the hours of operation? E. Account Management Team: 1) Discuss, in detail, the structure of the account management team that will be dedicated to the SGC and its Patrons and how they will service all parties. 2) Discuss your best practices for data reporting & analysis. 3) How often do you propose to conduct site visits and business reviews? 4) Do you provide merchandising newsletters or other regular communications?

F. Company Information: 1) Where are your corporate headquarters? 2) Which location would be servicing our account? 3) How many years have you been in business? 4) How many employees do you have?

of 10 5) What number of Loyalty Rewards Programs do you service? 6) How many of them are casinos? 7) Where is your nearest distribution center? 8) What percentage of goods do you warehouse? 9) Describe your company culture. G. Other 1) Explain your invoicing process and provide sample invoice. 2) Provide a list of your current top 25 trending items with detailed descriptions and pricing. 3) How do you measure guest satisfaction?

IV. Schedule of Events:

Request for Proposal issued 5/03/17 Written Vendor Questions due 5/10/17 Request for Proposal due 5/19/17 by 5:00PM

V. Vendor Requirements: A. Performance: Bidders must have the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions and requirements of the RFP. Subcontracting of services is not permitted without advance, express written consent. Goods/services must be provided by the entity submitting proposal. B. Insurance: At all times, during the fulfillment of any resulting Purchase Order or Contract, the Awarded Vendor(s) shall obtain and keep in force insurance coverage acceptable to SGC’s Risk Management Department. SGC’s insurance requirements for vendors vary according to the nature of the contract and degree of risk, but normally include general liability, automobile liability, and workers’ compensation coverage. In addition, in appropriate cases, SGC may require professional liability/errors & omissions coverage and/or network security/data privacy coverage. Proof of insurance coverage must be provided to SGC Risk Management Department. For any questions regarding insurance, please contact the Risk Management Department at [email protected]. Please reference the Request for Proposal (RFP) number and Bid Description. C. Failure to maintain requisite insurance will entitle SGC to immediately rescind and/or terminate any resultant business relationship and contract with Awarded Vendor. D. Vendor Registration: Awarded Vendor(s) agrees to submit a completed Vendor Registration Form and designated fees as required by SGC’s regulator, the Seneca Gaming Authority (SGA). It is the Awarded Vendor(s) responsibility to fulfill the requirements, submit information and cooperate with any SGA investigation into its business functions, structures and principals when sales by said Awarded Vendor may reach or exceed Seventy Five Thousand Dollars ($75,000); and to maintain the registration/license through the duration of any purchase order or contract resulting from this RFP. Failure to do so will entitle SGC to immediately rescind and/or terminate

of 10 any resultant contract or business relationship and may result in the suspension of payments to the Awarded Vendor. E. The SGA may also, in an appropriate case, require the licensure of individual employees of the Awarded Vendor who perform certain services that are or may be closely associated with SGC’s casino operation. As SGA retains the discretion to make this type of determination on a case-by-case basis, SGC is unable at the RFP point in the bidding process to state definitively whether such licensure will be required in any particular case. F. Seneca Nation of Indians Business License: In addition to SGA licensure, Awarded Vendor(s) with a calendar year spend of over $10,000 are required to obtain a Seneca Nation of Indians (SNI) business license throughout the course of any contract or business dealings with SGC. It is the Awarded Vendor(s) sole responsibility to maintain and renew the SNI business license in accordance with the terms set forth in the “Seneca Nation of Indians Business Code”. The cost of the license is currently $150 per calendar year. The Awarded Vendor must submit the application, together with the requisite fee, within 30 days following award of contract, to the following address: Seneca Nation of Indians, Business Permit Office, 12837 Rte. 438, Irving, NY 14081. To obtain the application form, and for any questions, please contact the SNI Business Office at (716) 532-4900, ext. 5033 or visit the SGC website at http://www.senecagamingcorporation.com/corp_standards.cfm. A copy of the Awarded Vendor’s application should contemporaneously be sent to Seneca Gaming Corporation - Procurement Department, 310 Fourth Street, Niagara Falls, NY 14303.

G. Confidentiality: This document contains information (and Bidders may have access to) confidential information of the SGC and/or its affiliate. Bidders are authorized to use this information solely in connection with the preparation of a response to this RFP and fulfillment of any resulting purchase order or contract award. In submitting response(s) to this RFP, Bidder(s) agree and represent that the Bidder(s) will not directly or indirectly use the Confidential Information beyond the scope of the authority granted by SGC or disseminate, disclose or in any way reveal the Confidential Information or any part thereof, except upon the express written approval of SGC. SGC will keep all documents received from Bidders on a confidential basis, save to the extent disclosure is required to comply with requirements of SGC’s corporate Charter, as regards the approval of SGC’s Audit Committee, Board of Directors and Council of the Seneca Nation of Indians, if applicable. H. Disclosure of Potential Conflicts of Interest: If Bidder, or any director, officer, employee or owner of Bidder has a business or personal relationship with a director, officer or employee of the Seneca Gaming Corporation (or its affiliates) that may create a conflict of interest, or appearance of impropriety, for or relating to such director, officer or employee in connection with the entry into, or ongoing performance of, the transaction(s) or service(s) contemplated under this RFP, Bidder must disclose such conflict to the Corporation, in writing, to the extent Bidder has knowledge thereof. I. Kickback Covenant: SGC will not tolerate Kickbacks in any form. A “Kickback” shall be defined as any cash, fee, commission, credit, gift, gratuity, thing of value or compensation of any kind in exchange for favorable treatment in obtaining or retaining any purchase order or contract servicing SGC. Bidder agrees that its officers or employees have not and will not provide or attempt to provide, either directly or indirectly, any Kickback to any employees of SGC, the Seneca Nation of Indians (the

of 10 “Nation”) or their respective officers, directors, employees or agents, nor to any citizens of the Nation. J. Conditions: Bidders shall question the conditions under which the goods and/or services will be used by SGC to guarantee the goods and/or services will be of sufficient quality and fit for the purposes of the bid specification. To proceed with the supply of goods and/or services shall mean acceptance of site conditions. Failure to comply with this clause shall in no way serve as the basis of any claims by the Bidder against SGC. No allowances will be made for failure to make proper site investigations or to completely understand the full nature of the requirements involved. K. Monetary threshold: At no time will the Awarded Vendor’s aggregate fees, billings, requests for reimbursement and/or invoices (collectively, “Billings”) to SGC exceed two million nine hundred ninety-nine thousand nine hundred ninety-nine dollars ($2,999,999) (the “monetary threshold”) unless and until advance written authorization to exceed the monetary threshold is granted by the Council of the Seneca Nation of Indians. SGC will not be liable for Billings which exceed the monetary threshold unless the requisite approval of the Council of the Seneca Nation of Indians has been obtained, Awarded Vendor must notify SGC when aggregate Billings reach the level of two million five hundred thousand dollars ($2,500,000). For this purpose, the term “SGC” includes the Seneca Gaming Corporation and all subsidiaries. L. Intellectual Property Indemnification: Awarded Vendor, at its own expense, will defend, indemnify and hold SGC harmless in any third party action brought against SGC to the extent that it is based on a claim that all or part of the goods or services supplied by Awarded Vendor and used as directed infringe any third party trademarks, copyrights, patents, or other intellectual property rights. M. Standard Service Agreement: Awarded Vendor will be expected to sign SGC’s standard services agreement, subject to such changes as are necessary to reflect the terms of this RFP and Awarded Vendor’s bid or proposal, and such further changes as the parties, acting reasonably, may agree. N. Data Security: Awarded Vendor must use the highest applicable industry standards for sound data security and software development practices to resolve critical security issues as quickly as possible. The term “highest applicable industry standards” shall be defined as the degree of care, skill, efficiency, and diligence that a prudent person possessing technical expertise in the subject area and acting in like capacity would exercise in similar circumstances. Awarded Vendor shall be responsible for verifying that all members of its development team who perform any programming or software development for SGC have been successfully trained in secure programming techniques. Upon request, Awarded Vendor will supply a current SAS 70 compliance report issued by an independent auditor or “Statement on Standards for Attestation Engagements 16 [SSAE 16]”. Software supplied must not contain any code that weakens the security of SGC’s IT systems and applications, including computer viruses, worms, time bombs, back doors, Trojan horses, Easter eggs, and all other forms of malicious code. Awarded Vendor must share with SGC in writing all security-relevant information regarding the vulnerabilities, risks and threats to its software immediately upon identification. SGC reserves the right at any time during the term of the contract, to conduct an audit of Awarded Vendor’s data security measures, either by means of its own personnel or through a service provider retained by SGC. Should the audit reveal that Awarded Vendor’s data security processes and procedures are inadequate or that Awarded Vendor is in breach of this provision, the cost of the audit shall be borne by Awarded Vendor, and SGC may, in its discretion, forthwith terminate the contract or any business relationship between SGC and Awarded Vendor.

of 10 O. Directives and Minimum internal control standards: Awarded Vendor must comply with SGC’s reasonable directives as regards IT security and other matters. In addition, as contemplated in § 542.16 of NIGC Information Technology MICS, Awarded Vendor must comply with SGC’s internal control standards, including change control procedures and SGC hereby reserves the right to monitor and audit compliance with said internal control procedures, either directly or through an appointed representative such as an external auditor.

VI. Bid Information:

A. This RFP does not commit SGC to award a contract, to pay any costs incurred in the preparation of the RFP, nor to procure or contract for services or supplies. B. Alternate Proposals (if applicable) are accepted based on the following conditions: SGC will consider alternative proposals from Bidders provided they have submitted a response based on the original requirements. The alternative Proposal will be submitted separate and apart from the basic Proposal. It is assumed that the materials included in the alternate Proposal meet all of the qualifications of the original Proposal. Bidders must apply in writing for SGC permission to use substitute materials or methods. In such circumstances, the Bidder must state the return on investment/benefit(s) in increased efficiency, longevity and or monetary value to be derived through use of substitute materials or methods. C. Proposal- Awarded Vendors should expect that their response to the RFP and any accompanying supporting materials (collectively, the “Proposal”) will be incorporated into any contract signed with Seneca Resorts and Casinos. D. Bidders are advised that the actual items and quantities which may be required are subject to change based on the needs of the SGC departments or business units for which the goods and/services are destined. E. Tax Exempt Status: Seneca Gaming Corporation is a governmental instrumentality of the Seneca Nation of Indians and will provide a New York State tax exemption certificate issued in the name of the Seneca Nation of Indians, as applicable. F. Minority Bidders: SGC encourages Bidders to solicit Native American, minority or women-owned businesses and small disadvantaged businesses as potential product suppliers. If your company falls into any of these categories, please note as such on your proposal. G. Payment Terms: Please provide your most competitive pricing and any additional offers. SGC will compensate Awarded Vendors based on submitted invoices according to payment and cycle dates mutually agreed upon and stated in the contract. SGC standard payment terms are FOB destination, Net 45 days after delivery of goods and/or services and receipt of a correct invoice. Bidder is encouraged to indicate any additional early payment/ discount terms in its Proposal. It is the policy of SGC not to provide deposits unless significant discounts or special circumstances apply. H. SGC Standard Terms and Conditions: Any purchase order or contract flowing from this RFP is subject to the terms and conditions hereof as well as to SGC Terms and Conditions which are available on the following website: http://www.senecagamingcorporation.com/corp_standards.cfm. Reference to, or inclusion of, the Bidder’s preprinted terms and conditions with Bidder’s Proposal will not be considered as exception to SGC Terms and Conditions.

of 10 I. Audit/Performance Review: SGC must be permitted to conduct financial or inventory audit(s) with any or all of its Procurement, Financial and/or Internal Audit resources (or using a third party accounting/auditing firm )during or after the term of the contract with Awarded Vendor. Contract audits may also be performed periodically to evaluate performance against pre-determined metrics and focus on what can be improved. J. It is the policy of SGC that all Proposals are to be held unopened and confidential until after the closing date and time. At the bid opening, Proposals will be opened by the RFP contact and are reviewed by a compliance representative. K. SGC reserves the right to assess damages for the non-delivery of goods/services. L. SGC reserves the right to terminate or rescind any agreement, contract or purchase order if, in its opinion, there is a failure by the Awarded Vendor (s), at any time, to perform/supply adequately the stipulations of the Scope of Work, as stipulated in this RFP, the contract or purchase order, or if the goods or services supplied by the Awarded Vendor are, in the opinion of SGC of unacceptable quality. M. Bid Validity: Bidder’s bid submission shall remain valid a minimum of ninety (90) days from the bid closing date.

VII. Proposal Evaluation/Vendor Selection: A. Proposals will be evaluated to determine their completeness and compliance with the mandatory requirements and qualifications specified throughout this document. Failure to comply with one or more of these requirements may result in the proposal being judged non-responsive. SGC reserves the right to waive deviations it deems non- material and/or to reject any and all Proposals in its sole discretion. B. It is SGC’s intent to identify those providers: deemed best qualified based on experience and capabilities; that have demonstrated the ability to conform to the requirements defined herein; that can assist SGC in reaching ultimate patron and team member satisfaction; and that have the best quality product/service for the most competitive pricing. When applicable, a weighted evaluation table with different percentages for each factor will be used. Proposals will be evaluated using a scorecard on the following factors including, but not limited to: adherence to the scope of work, price, service, terms, quality, technology, incentives, history, completeness and overall responsiveness to this RFP. C. Those Bidders whose Proposals are judged most suitable will be considered high-ranking contenders for contract award and may be asked for additional information to verify financial stability, emergency response/business continuity plans, and other pertinent questions to validate the viability of the business relationship. Bidders at this point, may also be asked to interview with (or present to) the SGC commodity team or management dependent on goods/services. D. A final Bidder (occasionally Bidders) will be selected and will have the opportunity to discuss provisions of their Proposal with SGC. Should negotiations fail, SGC will return to the finalist list and initiate negotiations with one or more alternate Bidders.

VIII. Bid Submittal Checklist- along with electronic copy of proposal, please provide the following:

of 10 A. Cost: Provide open book pricing and all shipping charges to US and Canada. B. Rebates and Incentives: Please discuss, in detail, any and all rebates and incentives that would be made available to the SGC. Please be specific in regards to dollar volume, percentage used, scales, etc. C. Provide answers to all questions in Section II. D. Evidence of current insurance is to be provided. If current levels do not meet the RFP requirements listed in Section IV, please list what the additional cost would be to meet them as a separate line item in bid. E. Sign and date bid (section VIII Certifications and Representations). F. Include three comparable references including contact information. G. Where applicable, include the following documents: Standard contract or agreement, Service Level agreement, Hosting agreement, Statement of Work Contract, Technical Services contract, Support Services Agreement, Master Service Agreement, Maintenance Agreement, Warranty information or any similar contract or agreement. SGC reserves the right to and generally utilizes its own standard forms of contract and agreements.

VIIII. Certifications and Representations- the Bidder certifies the following:

A. Bidder is a reputable company fully qualified and regularly engaged in providing products and/or services necessary to meet the terms, conditions and requirements of the RFP. B. Bidder is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances. C. Bidder understands the requirements and specifications set forth in this RFP and affirms that no compensation has been received for participation in the preparation of the specifications for this RFP. D. Bidder represents and warrants that all articles and services quoted in response to this RFP will meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this solicitation. E. All statements, information and representations prepared and submitted in response to this RFP are current, complete, true and accurate. Bidder acknowledges that SGC will rely on such statements, information and representations in selecting the Awarded Vendor. If selected by SGC as the Awarded Vendor, Bidder will notify SGC immediately of any material change in any matters with regard to which Bidder has made a statement or representation or provided information. F. I, the undersigned, hereby certify that I am authorized to sign as a representative for the Bidder listed below:

Legal Name of Bidder: ______

of 10 DBA (if applicable): ______

Address: ______

Telephone: ______Fax:______

E-Mail: ______

Website: ______

Representative’s Signature: ______

Representative’s Printed Name: ______

Representative’s Printed Title: ______

Date: ______NAICS code # ______

 Seneca Allegany Resort & Casino Salamanca, NY  Seneca Buffalo Creek Casino Buffalo, NY  Seneca Niagara Resort & Casino Niagara Falls, NY  Seneca Hickory Stick Golf Course Lewiston, NY

Combined, the three gaming properties currently have more than 6,800 slot machines, 150 table games, 263,000 square feet of gaming space, 1,017 rooms (including 134 suites), 20 restaurants, lounges and snack bars along with accompanying entertainment and convention amenities. For additional information, please visit our website at www.senecagamingcorporation.com.