Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter A - PROCUREMENT › Section 401.101 - Lottery Procurement Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions. The following words and terms, when used in this subchapter, shall
				  have the following meanings, unless the context clearly indicates otherwise.
(1) Act--The State Lottery Act.
(2) Agency--For the purposes of this
				  subchapter that deals with procurements for the administration of the lottery,
				  the term "agency" refers to the commission as defined in paragraph (5) of this
				  subsection.
(3) Best and Final
				  Offer (BAFO)--A revised final bid or proposal submitted after all
				  clarifications, discussions, and negotiations with the agency.
(4) Executive director--The executive
				  director of the Commission.
(5)
				  Commission--The state agency established under Chapter 466 and Chapter 467,
				  Government Code. However, this subchapter applies only to the procurement of
				  goods and services for the administration of the lottery authorized by the
				  State Lottery Act. For the sake of clarity, this subchapter will refer to the
				  commission as "agency" and to the appointed board as the "Texas Lottery
				  Commission".
(6) Cost--The price at
				  which the agency can purchase goods and/or services.
(7) Electronic State Business Daily or
				  Business Daily--An online directory administered by the Comptroller of Public
				  Accounts, or its successor, that publishes solicitations for the purpose of
				  informing vendors of procurement opportunities and provides public notice of
				  contract awards.
(8) Emergency
				  procurement--A situation requiring the state agency to make the procurement
				  more quickly to prevent a hazard to life, health, safety, welfare, or property
				  or to avoid undue additional cost to the state.
(9) Goods--Supplies, materials, and
				  equipment.
(10) IFB--A written
				  invitation for bids.
(11)
				  Lottery--The procedures and operations of the agency under the State Lottery
				  Act through which prizes are awarded or distributed by chance among persons who
				  have paid, or unconditionally agreed to pay, for a chance or other opportunity
				  to receive a prize.
(12)
				  Nonresident bidder or proposer--A person whose principal place of business is
				  not in Texas, but does not include a bidder whose majority owner or parent
				  company has its principal place of business in Texas.
(13) Principal place of business--The state
				  in which the head office of a business is located, and generally, where the
				  executive management is located and the business records are
				  maintained.
(14) Produced in
				  Texas--Those goods that are manufactured in Texas, excluding the sole process
				  of packaging or repackaging. Packaging or repackaging does not constitute being
				  manufactured in Texas.
(15)
				  Proprietary purchase--A product or service that is unique to a single vendor or
				  manufacturer and is not available from other sources.
(16) Resident bidder or proposer--A person
				  whose principal place of business is in this state, including a contractor
				  whose ultimate parent company or majority owner has its principal place of
				  business in this state.
(17) RFP--A
				  written request for proposals.
(18)
				  RFQ--A written request for qualifications.
(19) Services--The furnishing of skilled or
				  unskilled labor or professional work.
(20) State or statewide contract--A contract
				  for goods or services established and administered by another state agency
				  (e.g., Texas Comptroller of Public Accounts, Texas Department of Information
				  Resources) for use by all state agencies.
(21) Texas Lottery Commission--The appointive
				  board or commission established in Chapter 467, Government Code.