Section 65 IAC 2-1-8 - Special procurementAuthority: IC 4-30-3-7; IC 4-30-3-9
Affected: IC 4-30-3-16; IC 4-30-8
Sec. 8.
(a) Notwithstanding any other provision of this article, the director may make, or authorize others to make, special procurements: (1) when there exists a threat to public health, welfare, or safety, or the integrity or operation of the lottery;(2) when there exists a unique opportunity to obtain supplies or services at a substantial savings, including an opportunity to obtain supplies or services at reduced cost or no cost;(3) when the market structure requires the commission to inspect and bid on the supplies to be procured;(4) for the procurement of data processing contracts or license agreements for: (C) software and hardware maintenance contracts;(5) for any services, provided that an announcement of the contracting opportunity is made in a manner that the director determines will have the potential to receive expressions of interest from multiple vendors and is additionally posted on the commission's website;(6) when the compatibility of equipment, accessories, or replacement parts is a substantial consideration in the procurement and only a limited number of sources meet the commission's requirements;(7) when procurement of the required supplies or services under another section of this rule would impair the functioning of the lottery;(8) when a contract has been solicited for a procurement under another section of this rule and the commission has not received a reasonable, responsive offer;(9) when the time periods for performance as determined by the director would be impaired by competitive bidding, so long as at least two (2) price quotes are obtained.(b) A special procurement must be made to further the best interests of the commission and to the extent practicable under the circumstances as determined by the director to foster competition.(c) A written determination of the basis for the special procurement must be included in the contract file.State Lottery Commission; 65 IAC 2-1-8; emergency rule filed Jul 20, 1989, 4:10 p.m.: 12 IR 2295; emergency rule filed Sep 5, 1989, 3:20 p.m.: 13 IR 91; emergency rule filed Oct 24, 1989, 2:15 p.m.: 13 IR 408; emergency rule filed Nov 20, 1989, 10:05 a.m.: 13 IR 680; emergency rule filed Dec 9, 1996, 4:00 p.m.: 20 IR 964; readopted filed Nov 30, 2001, 11:02 a.m.: 25 IR 1268; emergency rule filed Jul 26, 2007, 11:03 a.m.: 20070808-IR-065070473ERA; readopted filed Nov 14, 2007, 3:02 p.m.: 20071212-IR-065070656RFA; emergency rule filed Jun 28, 2013, 1:13 p.m.: 20130710-IR-065130297ERAReadopted filed 11/21/2019, 1:49 p.m.: 20191218-IR-065190507RFAReadopted filed 5/26/2023, 8:01 a.m.: 20230621-IR-065230294RFA