Arizona Administrative Code › Title 19 - ALCOHOL, HORSE AND DOG RACING, LOTTERY, AND GAMING › Chapter 3 - ARIZONA STATE LOTTERY COMMISSION › Article 5 - PROCUREMENTS › Section R19-3-501 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In this Article, unless the context otherwise
				  requires:
1. "Affiliate" means any
				person whose governing instruments require it to be bound by the decision of
				another person or whose governing board includes enough voting representatives
				of the other person to cause or prevent action, whether or not the power is
				exercised. The term applies to persons doing business under a variety of names,
				persons in a parent-subsidiary relationship, or persons that are similarly
				affiliated.
2. "Aggregate dollar
				amount" means purchase price, including taxes and delivery charges, for the
				term of the contract and accounting for all allowable extensions and
				options.
3. "Best and Final Offer"
				means a revision to an offer submitted after negotiations are completed that
				contain the offeror's most favorable terms for price, service, and products to
				be delivered.
4. "Best interests of
				the Lottery" means advantageous to the Lottery.
5. "Bid" means an offer
				in response to solicitation.
6. "Business" means a
				corporation, partnership, individual, sole proprietorship, joint stock company,
				joint venture, or other private legal entity.
7. "Change order" means
				a written order that is signed by the procurement officer and that directs the
				contractor to make changes that the changes clause of the contract authorizes
				the procurement officer to order.
.
8.
				"Contract" means an agreement, regardless of what it is called, for the
				procurement of Lottery equipment, tickets, and related materials.
9. "Contract amendment" means a written
				alteration in the terms or conditions of a contract accomplished by mutual
				action of the parties to the contract or a unilateral exercise of a right
				contained in the contract.
10.
				"Contractor" means a person who has a contract with the Lottery.
11. "Cost data" means information concerning
				the actual or estimated cost of labor, material, overhead, and other cost
				elements that have been incurred or are expected to be incurred by the
				contractor in performing the contract.
12. "Cost-plus-a-percentage-of-cost-contract"
				means the parties to a contract agree that the fee will be a predetermined
				percentage of the cost of work performed and the contract does not limit the
				cost and fee before authorization of performance.
13. "Cost reimbursement contract" means a
				contract under which a contractor is reimbursed for costs that are reasonable,
				allowable, and allocable in accordance with the contract terms and the
				provisions of this Article, and a fee, if provided for in the
				contract.
14. "Day" means a
				calendar day and is computed under A.R.S. §
									1-243, unless
				otherwise specified in the solicitation or contract.
15. "Defective data" means data that is
				inaccurate, incomplete, or outdated.
16. "Director" means the Executive Director
				of the State Lottery.
17.
				"Discussions" means oral or written negotiation between the Lottery and an
				offeror during which information is exchanged about specifications, scope of
				work, terms and conditions, and price included in an initial proposal.
				Communication with an offeror for the sole purpose of clarification does not
				constitute "discussions."
18.
				"Filed" means delivered to the procurement officer or to the Director,
				whichever is applicable, in a manner specified by the Arizona Procurement Code
				or a solicitation.
19. "Governing
				instruments" means legal documents that establish the existence of an
				organization and define its powers, including articles of incorporation or
				association, constitution, charter, bylaws, or similar documents.
20. "Interested party" means an offeror or
				prospective offeror whose economic interest may be affected substantially and
				directly by the issuance of a solicitation, the award of a contract, or by the
				failure to award a contract. Whether an offeror or prospective offeror has an
				economic interest depends upon the circumstances of each case.
21. "Invitation for bids" means all
				documents, whether attached or incorporated by reference, that are used to
				solicit bids in accordance with
				R19-3-508.
22. "Minor informality" means any mistake,
				excluding a judgmental error, that has negligible effect on price, quantity,
				quality, delivery, or other contractual terms and the waiver or correction of
				which does not prejudice other bidders or offerors.
23. "Multiple award" means a grant of an
				indefinite quantity contract for one or more similar materials or services to
				more than one bidder or offeror.
24. "Multi-step sealed bidding" means a
				two-phase bidding process consisting of a technical phase and a price
				phase.
25. "Negotiation" means an
				exchange or series of exchanges, including a request for a best and final
				offer, between the Lottery and an offeror or contractor that allows the Lottery
				or the offeror or contractor to revise an offer or contract, unless revision is
				specifically prohibited by these rules or statutes.
26. "Offer" means a response to a
				solicitation.
27. "Offeror" means a
				person who responds to a solicitation.
28. "Person" means any corporation, limited
				liability company, limited liability partnership, partnership, business,
				individual, union, committee, club, other organization, or group of
				individuals.
29. "Price data" means
				information concerning prices, including profit, for materials, services, or
				construction substantially similar to the materials, services, or construction
				to be procured under a contract or subcontract. In this definition, "prices"
				refers to offered selling prices, historical selling prices, or current selling
				prices of the items to be purchased.
30. "Procurement" means all functions that
				pertain to obtaining any materials or services for the design or operation of a
				Lottery game or the purchase of Lottery equipment, tickets, and related
				materials.
31. "Procurement file"
				means the official records file of the Lottery. The procurement file shall
				include (electronic or paper) the following:
a. List of notified vendors;
b. Final solicitation;
c. Solicitation amendments;
d. Bids and offers;
e. Offer revisions and best and final
				offers;
f. Discussions;
g. Clarifications;
h. Final evaluation reports; and
i. Additional information, if requested by
				the procurement officer.