Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 2 - Purchasing › Rule 531-2.2 - Methods of Obtaining Bids or Proposals Used by the Lottery

Current through Register Vol. 47, No. 3, July 24, 2024
Formal or informal bids or proposals are to be obtained by one of the following methods. If more than one method is applicable to the purchase of a particular item, the lottery shall choose the method of bidding to be utilized.
(1) Formal bids may be
			 required for any item if cost is the major criterion for selection. If cost is
			 the major criterion for selection, formal bids shall be required for all items
			 costing in the aggregate more than $50,000.
The lottery shall prepare a written invitation-to-bid document
				and shall send it via the United States Postal Service or electronic mail to
				selected vendors in the business of providing the goods or services sought by
				the lottery. Goods or services may also be obtained by the lottery using
				reverse auction methods via the lottery's Internet Web site.
The invitation to bid shall contain the due date and time of
				the bid opening, a complete description of the item needed, and any other
				necessary or proper items.
Formal bids, other than major procurement sealed bids, received
				prior to the submission deadline set in the bidding document shall be made
				available to any interested party on the date and hour designated on the bid
				form. As the bids are opened they will be tabulated, and the results of the
				tabulation shall be made available to any interested party. The original bids
				and the tabulations will be maintained at the lottery for one year following
				the date on which the bids were opened.
An award shall be made within 60 calendar days from the date of
				the bid opening unless a different time frame is stated by the lottery in the
				invitation to bid or subsequently agreed to by the vendors. The price quoted by
				the vendors shall remain binding throughout the applicable time period. If an
				award is not made within the applicable time frame, all bids shall be deemed
				rejected.
(2) Informal bids
			 may be required for any item if cost is the major criterion for selection and
			 if the item is expected to cost in the aggregate $50,000 or less. Informal bids
			 may be obtained by the lottery through use of a written bid form, over the
			 telephone, via facsimile transmission, or in electronic format, including over
			 the Internet or through electronic mail. When requesting informal bids, the
			 lottery shall contact selected vendors supplying the goods or services sought
			 by the lottery and shall communicate to each vendor the date on which bids must
			 be received, a complete description of the item to be purchased, and the time
			 period during which the bid must remain valid. Goods or services may also be
			 obtained by the lottery using reverse auction methods via the lottery's
			 Internet Web site.
Written informal bids shall be opened as received, and informal
				telephone, facsimile, or electronic bids shall be recorded as received. If a
				bid is received over the telephone, a telephone bid form shall be used to
				record the bid received. If an electronic bid is received, a screen print shall
				be used to record the bid received. Following the submission deadline, the
				lottery shall tabulate the bids received and make the award. The bids and the
				tabulations shall be available to interested parties after the submission
				deadline and shall be maintained by the lottery for one year following the
				submission deadline.
If an award is not made within the time frame indicated by the
				lottery when requesting bids, all bids shall be deemed rejected.
(3) Whenever a requirement exists
			 for an item or a major procurement and cost may not be the sole criterion for
			 selection, the lottery may issue a request for proposals. The purpose of a
			 request for proposals is to provide the vendor with sufficient information
			 about the lottery's requirements and goals to allow the vendor to propose a
			 solution to the lottery's requirements.
The lottery shall prepare a written request for proposals and
				shall send the proposal via the United States Postal Service or electronic mail
				to selected vendors in the business of supplying the goods or services sought
				by the lottery.
The lottery requires that bids submitted in response to a
				request for proposals in a major procurement for award of a contract for the
				printing of tickets or for the purchase or lease of equipment or services
				essential to the operation of a lottery game be submitted as sealed bids. The
				contents of sealed bids shall be made available to any interested party at the
				time designated in the request for proposals. A bidder shall identify with
				clear markings the pages, sections, or documents submitted as part of a
				proposal package that the bidder claims are exempt from disclosure because they
				contain sensitive business or trade secret information.
To ensure the fairness and integrity of the evaluation process,
				the lottery may elect to evaluate and score any of the technical, financial,
				security, and marketing components of major procurement sealed bid proposals
				prior to opening and integrating the scoring of the pricing component. When
				scoring has been completed, the evaluation team shall prepare a recommendation
				report for an award and, if applicable, for rejection of any or all proposals
				under consideration. The recommendation report shall be submitted to the chief
				executive officer and the lottery board for such action as the chief executive
				officer and board may deem appropriate. The report shall be made available to
				any interested person immediately upon transmittal to the chief executive
				officer and the board. Prior to making an award, the board and chief executive
				officer shall receive and consider the results of a background investigation
				conducted by the department of public safety division of criminal
				investigation.
An award shall be made within 60 calendar days from the date of
				the proposal opening unless a different time frame is stated by the lottery in
				the request for proposal or subsequently agreed to by the vendors. The terms
				quoted by the vendor shall remain binding throughout the applicable time frame.
				If an award is not made within the applicable time frame, all proposals shall
				be deemed rejected and not binding.
At a minimum, a request for proposals shall address the
				following criteria: the need for a proposal conference; the purpose and
				background of the request; important dates in the proposal and the award
				process including the submission deadline; administrative requirements for
				submitting the proposal and the format required by the lottery; the scope of
				the work to be performed and any specific requirements which the vendor must
				meet; and any contractual terms and conditions which the lottery anticipates
				may affect the terms of the vendor's proposal.
This rule is intended to implement Iowa Code section
				72.3 and Iowa Code Supplement
				sections 99G.7,
				99G.9, and
				99G.2I.