75 PUBLIC GAMING INTERNATIONAL • SEPTEMBER/OCTOBER 2022 applicants with the relevant professional and technical capacity and capability, as well as the financial and economic standing, to run the UK National Lottery. The identified applicants were then invited to participate in a closed tender-type RFP (called the Invitation to Apply). There is no doubt that the introduction of a separate RFI process has ensured that only ‘worthy’ bidders continue the competition and has reduced the amount of information to evaluate. However, on the downside, it may well create the opportunity for early legal scrutiny of this process that may allow for the interdiction of the start of the RFP phase. The evaluations of the invited bids are conducted in two stages with applicants allowed to obtain feedback on the strengths and weaknesses of their application, and areas for improvement, ahead of submitting their final bid. In the second stage, the bidders will update their applications and submit a final bid. The UK RFP process introduces a more elaborate and extended process that will be more time consuming. The new process prompted the authorising authority to extend the incumbent’s license for six months to extend the timeline for the submission of final applications. This was done following representations from Applicants and experience from the evaluation of the first bid submissions. The amended timeline saw four weeks added to the submission of final applications stage and a further six weeks for evaluation. According to the authorising authority the extension allowed bidders to further refine their proposals and for the Commission to evaluate. At this point, we can conclude that the Global RFP may require comprehensive responses but that the detail so required is not always sufficient to enable authorising authorities to determine whether an essential requirement (like if applicant has access to sufficient funding) is met. Jurisdictions like the UK and South Africa have made changes to the requirements, apparently to improve submissions, but these changes have extended the RFP period to over two years. And that for a license that is intended to be issued for a period of 10 and 8 years respectively. This re-licensing process has an adverse impact on the incumbent and lottery operations. The duration thereof should be kept as short as realistically possible. Coming to Morocco. Under the leadership of the Director General, Mr Younès EL MECHRAFI, the MDJS initiated a process to review and rethink the Global RFP. Staff of the MDJS and world-class experts evaluated the Global RFP, its performance, and associated risks to create a re-oriented Moroccan RFP. According to Mr EL MECHRAFI a rigorous methodology was adopted to ensure that the revised Global RFP will ensure the selection of the best applications in line with pre-established company objectives. He directed the reviewers to ensure that bidders address a large variety of issues including financial models, business plans, technology solutions, transfer of knowledge, transition plans, roll out plans and potential integration of various tasks into the MDJS. He confirmed his satisfaction with the delivery of a formal document with clear guidelines and specifications of what is required. The Moroccan RFP remains based upon the Global RFP, but this ‘old’ format was adapted to Moroccan market conditions and regulations. The effect of these amendments is to modernise the Global RFP. The Moroccan process retains the original procedure: publishing one comprehensive RFP document that provided for an evaluation process conducted in three stages; (1) eligibility and capacity, (2) technical and (3) financial. The first stage is an RFI-type process and is not conducted as a separate process. In our opinion, the separate process works because it sets clear and stringent eligibility and capacity criteria confirming that the MDJS requires submissions from experienced and revered operators. For Stage 3 and 4, this RFP contains a list of detailed requirements for all aspects of the MDJS operations, marking them as critical (mandatory), important or desired. It further confirms the type of response required being full or just an acceptance. Mr EL MECHRAFI believes that all the applicants knew what was expected of them and what to expect from an evaluation standpoint. Potential bidders were clearly comfortable with the process and the requirements with six applicants submitted bids for the sports betting licence and four for the license to operate lottery games. Mr EL MECHRAFI is very satisfied with the response because now Morocco has a better chance of finding the ideal solution. Multiple bids do provide a variety of solutions and financial models, allowing the issuing authority to choose the one that best meets its needs. The Moroccan RFP moved its focus away from cost orientation and sought to find an operator more dynamic in its approach to future improvements. A new gaming observatory is set to be established to drive technological development and advancement. This should enable the selected operator(s) to cooperate with the MDJS to implement and innovate new dynamic operational approaches. With this RFP, the MDJS has created a future oriented strategy and a strong investment in corporate social responsibility. Bidders not only had to explain technology and innovative business plans but had to consider what it can do for the greater good of Morocco. Matter like skills transfer and job creation was demanded to be top of mind. As a result, MDJS is now well prepared and confident to address the future and the transition period. They are now equipped with the necessary means and tools. And the RFP is on track to conclude its purpose before the end of the year minimising the adverse impact on current operations. This is where we end our journey with the Global RFP. A journey that started with its birth in 2006 to the latest updated ‘model’ in Morocco. The current Global RFP is old and needs an urgent revision. The success of the Moroccan RFP confirms that the Global RFP will remain relevant if it is subjected to a rigorous review process. It can deliver the desired results if it is updated to modern standards and the demands of the jurisdictions it is intended to serve. For the review process, there are lessons to learn from the UK and Moroccan processes. We must point out that these two processes must still conclude and there may still be knowledge to gain. The immediate future will provide an opportunity to deepen the research for a proper review of the Global RFP. The result of a successful review will benefit us all. Mr. EL MECHRAFI has been a pioneer in the movement to strengthen the dialogue among lotteries in Africa through the African Lotteries Association to ensure that these lotteries can reap the benefits of ongoing cooperation and support within the WLA community. There is no doubt that a new Global RFP can benefit African jurisdictions and others worldwide. Lottery leaders will do well to follow the example of the MDJS. Coming to view now are that Ghana and South Africa are about to embark on such a process. n
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