La. Admin. Code tit. 42 § XV-325

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-325 - Special Procurements

A. Notwithstanding any other provision of these policies and rules to the contrary, the corporation may make procurements, including major procurements, without complying strictly with the procedures stated in this Part, if any of the following special circumstances then exist and these circumstances require non-compliance with the procedures stated in this Part:

1. a threat to public health, welfare or safety or the integrity or operation of the corporation;

2. a unique, non-recurring opportunity to obtain goods or services at a substantial cost savings;

3. a sponsorship arrangement permitting the corporation to acquire goods or services at a reduced cost or cost-free;

4. the structure of the applicable market does not permit the corporation to procure the goods or services via a competitive bidding process;

5. the goods or services which meet the corporation's reasonable requirements can be provided only by a single business; or

6. due to time constraints not caused by the corporation, compliance with each of the policies and rules stated in this Part would materially impair the financial performance of the corporation.

B. A procurement under special circumstances shall be made only after the president determines the existence of any of the special circumstances and states the reasons for the determination in a report, which is promptly delivered, to the board. It must be made in compliance with as many of the requirements of this Part as practicable under the circumstances as determined by the president. The board may, by affirmative action prior to the completion of the special procurement, reverse the president's determination and direct the corporation not to make the special procurement.

La. Admin. Code tit. 42, § XV-325

Adopted by the Louisiana Lottery Corporation on September 26, 1991 and promulgated in The Advocate on October 8, 1991, repromulgated LR 26:708 (April 2000).

AUTHORITY NOTE: Promulgated in accordance with R.S. 47:9001 et seq.