Jed Nosal v. Massachusetts State Lottery Commission (SPR 20252427)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 27, 2025 SPR25/2427 Cecelia Porche Paralegal State Lottery Commission 150 Mount Vernon Street Dorchester, MA 02125 Dear Ms. Porche: I have received the petition of Jed Nosal, Esq. appealing the response of the State Lottery Commission (Commission) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 25, 2025, Attorney Nosal requested: [1] Any and all responses and information submitted by bidders in response to RFR LOT # 2601 – ‘Full-Service iLottery Platform and Related Services.’ This includes, but is not limited to, the following: [a] Any and all materials and/or mandatory forms completed and submitted by bidders under Phase I of RFR LOT # 2601 per the Phase I Response Template and subject forms on COMMBUYS, including, but not limited to: standard contract forms, form W-9, contractor authorized signatory listings, tax compliance forms, business reference forms, SDP plan forms, ‘Invest in Massachusetts’ data forms, certificates of non- collusion, EFT forms, prompt pay discount forms, and certificates of compliance; [b] Any and all ‘Technical Response’ documentation, data, and/or proposals submitted by bidders under Phase II of RFR LOT # 2601; [c] Any and all ‘Cost Proposal’ documentation submitted by bidders under Phase III of RFR LOT # 2601; [d] Any and all ‘Best and Final Offer (BAFO)’ materials requested by and/or submitted to the MSLC Procurement Management Team (‘PMT’) by bidders for RFR LOT # 2601; [e] Any and all vendor presentation materials submitted to the PMT by bidders in RFR LOT # 2601; and [f] Any and all documentation and materials related to vendor interviews conducted by the PMT for bidders in RFR LOT # 2601. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832 • Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Cecelia Porche SPR25/2427 Page 2 August 27, 2025 [2] Any and all internal MSLC and/or PMT records, communications, and materials prepared, exchanged, drafted, and/or relied upon selecting and/or eliminating bidders at any phase of RFR LOT # 2601 – ‘Full-Service iLottery Platform and Related Services.’ This includes, but is not limited to, the following: [a] Any and all internal written and/or documented hard copy or electronic communications discussing, comparing, assessing, evaluating, or analyzing in any way any bidder for RFR LOT # 2601; [b] Any and all internal notes, memoranda, reports, or comparable documents discussing, comparing, assessing, evaluating, or analyzing in any way any bidder for RFR LOT # 2601; [c] Any and all invoices, ledgers, budgets, data, or other records created, relied upon, or in the possession of MSLC and/or PMT in relation to the evaluation, elimination, and/or selection of bidders in RFR LOT # 2601; and [d] The July 24, 2025 memorandum provided to the Massachusetts State Lottery Commission regarding the Executive Director’s authority to enter into contract negotiations with NeoGames US LLP dba Aristocrat Interactive. [3] Any and all internal MSLC and/or PMT records, communications, and materials prepared, exchanged, drafted, and/or relied upon regarding the request for a BAFO for RFR LOT # 2601 – ‘Full-Service iLottery Platform and Related Services.’ The Commission provided a response on August 15, 2025. Unsatisfied with the Commission’s response, Attorney Nosal petitioned this office and this appeal, SPR25/2427, was opened as a result. Subsequently, I learned that the Commission provided a supplemental response on August 19, 2025. Where this appeal was opened as a result of the Commission’s August 15th response, I will now consider this administrative appeal closed. Attorney Nosal may appeal the substantive nature of the Commission’s August 19th response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Jed Nosal, Esq.