Arkansas Administrative Code › Agency 216 - Arkansas Lottery Commission › Rule 216.00.09-001 - Major Procurement Rules

Current through Register Vol. 49, No. 6, June, 2024
Procurement Contract and Vendor Rules Arkansas Lottery
	 Commission
Preface:
The Purpose of these rules is to establish the
	 policies and procedures for vendors doing business with the Arkansas Lottery
	 Commission (ALC). These rules are issued pursuant to the authority vested in
	 the ALC under Arkansas Code Ann. §§
							23-115-207
	 and
	 23-115-701,
	 and the Arkansas Administrative Procedures Act, §§
							25-15-201,et
	 seq.
Section 1.
Definitions.
1.1 "Act" means the
  Arkansas Scholarship Lottery Act.
1.2 "ALC" means the Arkansas Lottery
  Commission.
1.3 "Addendum" or
  "Addenda" means an addition or deletion to, a material change in or general
  interest explanation of a solicitation document.
1.4 "Advantageous" means in the ALC's
  interests, as assessed according to the judgment of the ALC.
1.5 "Award" means either the act or
  occurrence of the ALC's identification of the person with whom the ALC will
  enter into a contract.
1.6 "Bid"
  means a response to an Invitation to Bid.
1.7 "Bidder" means a person that submits a
  bid in response to an Invitation to Bid.
1.8 "Closing" means the date and time
  announced in a solicitation document as the deadline for submitting
  offers.
1.9 "Commission" or
  "Commissioners" means the member(s) of the ALC as appointed under Ark. Code
  Ann. §
								23-115-202.
1.10 "Contract" means all types of state
  agreements, regardless of what they may be called, for the purchase, lease,
  rental or other acquisition of goods and services and for the disposal of
  surplus commodities and services not otherwise exempt.
1.11 "Contract Price" means as the context
  requires:
(a) The maximum payments that the
  ALC will make under a contract if the contractor fully performs under the
  contract;
(b) The maximum
  not-to-exceed amount of payments specified in the contract; or
(c) The unit prices for goods and services
  set forth in the contract.
1.12 "Contractor" means the person with whom
  the ALC enters into a contract.
1.13 "Director" means the director of the
  ALC.
1.14 "Emergency" means
  circumstances that:
(a) Could not have been
  reasonably foreseen; and
(b)
  Require prompt execution of a contract to remedy the condition; and
(c) Meet one of the following two conditions:
(1) The circumstances create a substantial
  risk of loss or revenue, damage or interruption of services or substantial
  threat to property, public health, welfare or safety when the circumstances
  could not have been reasonably foreseen; or
(2) The circumstances require immediate and
  decisive action to protect the security, credibility, or Integrity of the
  Lottery or a lottery game.
1.15 "Goods and Services" or "Goods or
  Services" means supplies, equipment, materials and services including personal
  services and any personal property, including any tangible, intangible and
  intellectual property and rights and licenses in relation thereto, that the ALC
  is authorized by law to procure.
1.16 "Information Technology Contract" means
  a contract for the acquisition, disposal, repair, maintenance or modification
  of hardware, software or services for computers or
  telecommunications.
1.17
  "Invitation to Bid" or "ITB" means all documents, whether attached or
  incorporated by reference, used for soliciting bids using a competitive bidding
  process in which specifications, price and delivery (or project completion)
  will be the predominant award criteria.
1.18 "Lottery" means any game of chance
  approved by the ALC pursuant to the Arkansas Scholarship Lottery Act.
1.19 "Major Procurement" or "Major
  Procurement Contract" means a contract for a gaming product or service costing
  more than seventy-five thousand dollars ($75,000) including without limitation:
(a) A major advertising contract;
(b) An annuity contract;
(c) A prize payment agreement;
(d) A consulting service;
(e) Lottery equipment;
(f) Tickets; and
(g) Any other product and service unique to
  lotteries.
1.20 "Major
  Procurement Contract" does not include a material, supply, equipment, or
  service common to the ordinary operations of the ALC. When the cost of a
  proposed contract for a gaming product or service is to be paid in whole or in
  part on a contingent basis, the ALC shall estimate the value of the proposed
  contract to determine whether it is a major procurement contract.
1.21 "Offer" means a response to a
  solicitation document.
1.22
  "Offeror" means a person who submits an offer.
1.23 "Person" means an individual,
  corporation, business trust, estate, trust, partnership, limited liability
  company, association, joint venture, governmental agency, public corporation or
  any other legal or commercial entity.
1.24 "Personal Services" means the services
  or type of services performed under a personal services contract.
1.25 "Personal Services Contract" means a
  contract or member of a class of contracts whose primary purpose is to acquire
  specialized skills, knowledge and resources in the application of technical or
  scientific expertise, or the exercise of professional, artistic or management
  discretion or judgment, including, without limitation, a contract for the
  services of an accountant, educator, information technology or other
  consultant, broadcaster or artist (including a photographer, filmmaker,
  painter, or sculptor.)
1.26
  "Proposal" means a response to a Request for Proposal.
1.27 "Proposer" means a person that submits a
  proposal in response to a Request for Proposal.
1.28 "Request for Proposal" or "RFP" means
  all documents, whether attached or incorporated by reference, used for
  soliciting proposals using a competitive proposal process in which price is not
  the sole determining factor for contract award.
1.29 "Request for Qualifications" or "RFQ"
  means a solicitation document requiring submittal of qualifications or
  specialized expertise in response to the scope of work or services required and
  does not require pricing.
1.30
  "Responsible Bidder/Proposer/Offeror" means a vendor who submits a bid, offer,
  quote or proposal in response to a solicitation and who, in the reasonable
  opinion of the ALC:
(a) Is able and is
  otherwise qualified in all respects to perform fully the contract requirements
  without delay; and
(b) Has the
  integrity and reliability which will assure good faith performance.
1.31 "Responsive
  Bidder/Proposer/Offeror" (also "Responsive Bid" "Responsive Offer" or
  "Responsive Proposal" as applicable) means an offer that substantially complies
  in all material respects with applicable solicitation document requirements.
  When used alone, "Responsive" means having the characteristics of substantially
  complying in all material respects with applicable solicitation document
  requirements.
1.32 'Scope" means
  the range and attributes of the goods or services described in the applicable
  solicitation document, or if no solicitation document, In the
  contract.
1.33 'Signed" or
  'Signature" means any mark, word or symbol attached to or logically associated
  with a document and executed or adopted by a person, with the intent to be
  bound.
1.34 'Solicitation" means
  all documents, whether attached or incorporated by reference, utilized for
  soliciting bids, offers, quotes, or proposals with respect to a particular
  major procurement.
1.35
  'Solicitation Document" means an Invitation to Bid, Request for Proposal or
  other document issued to invite offers from prospective contractors.
1.36 'Specification" means any description of
  the physical or functional characteristics or of the nature of goods or
  services, including any requirement for inspecting, testing or preparing goods
  or services for delivery and the quantities of materials to be furnished under
  a contract. Specifications generally will state the result to be obtained and
  may, on occasion, describe the method and manner of doing the work to be
  performed.
1.37 "Vendor" means a
  person who provides or proposes to provide goods or services to the ALC under a
  major procurement contract. Vendor does not include:
(a) An employee of the ALC;
(b) A retailer; or
(c) A state agency or
  instrumentality.
1.38
  "Vendor" includes a corporation whose stock is publicly traded and that is the
  parent company of the contracting party in a major procurement
  contract.
1.39 "Work" means the
  furnishing of all materials, equipment, labor and incidentals necessary to
  successfully complete any individual requirement in a contract and successful
  completion of all duties and obligations imposed by the contract.
1.40 "Written" or "Writing" means
  conventional paper documents, whether handwritten, typewritten or printed, in
  contrast to spoken words. It also includes electronic transmissions or
  facsimile documents when required by applicable law or permitted by a
  solicitation document or contract.