W. Va. Code R. § 179-5-17

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 179-5-17 - The bidding process

17.1. Mailed and courier-delivered bids shall be addressed as follows:

Submit one (1) original bid to:

State of West Virginia

Department of Administration

Purchasing Division

2019 Washington Street, East

P.O. Box 50130

Charleston, WV 25305-0130

17.2. The outside envelope/package(s) should be clearly marked:

17.2.a. Buyer: __________, Director;

17.2.b. Req.: Video Lottery Permit Bids;

17.2.c. Date: (opening) ________; and

17.2.d. Time: (opening) ________.

17.3. Bids submitted by facsimile, or by other means not specifically provided for in this rule, shall be rejected.

17.4. Failure of the United States Postal Service or a courier service to make timely delivery of any bid shall not act to validate any bid not in the hands of the Purchasing Division by the time and date specified in the class II-O advertisement.

17.5. Each bid shall indicate both the number of video lottery terminals for which the permit is sought and the per-terminal bid for which the permit is sought.

17.6. No bid may be altered or withdrawn after the appointed hour for the opening of the bids.

17.7. The Purchasing Division officials will open all received bids in the same room;

17.7.a. The Lottery's representatives shall reject any bid bid package does not comply with this rule or W. Va. Code §§ 29-22B-1101 through 1103;

17.7.b. The Lottery's representatives will next determine whether the bid sent to the Purchasing Division contains a bid bond equal to 100 percent of the per-terminal bid amount multiplied by the number of video lottery terminal authorizations requested by the bid;

17.7.b.1. If no bond or State Treasurer's receipt is found, the bid shall be rejected; or

17.7.b.2. If the amount of the bond is less than 100 percent of the per-terminal bid amount multiplied by the number of video lottery terminal authorizations requested, the bid shall be rejected; and

17.7.c. The Lottery's representatives shall next reject any bid as non-responsive if the per terminal bid amount is less than the minimum per-terminal bid amount established by the West Virginia State Lottery Commission prior to the first publication and included in the published notice;

17.7.d. The Lottery's representatives shall reduce the number of terminal authorizations requested in the bid if a successful bid would grant to the bidder a total number of video lottery terminals greater than 7.5% of the total available terminals authorized by the Act. If the bidder is an operator, a retailer or fraternal organization operating one location, lottery representatives shall limit the number of terminal authorizations requested in the bid to 10. When the bidder is an independently owned video lottery retailer operating its own machines and has more than one licensed retail location, the number of video lottery terminal authorizations may not exceed 10 multiplied by the number of retail locations for which the bidder holds a limited video lottery retail license;

17.7.e. Whenever there are two or more bids of the same dollar amount and the number of authorizations for which the bids were submitted exceeds the number of authorizations still available to fill the bids, the commission shall award the permit based upon the drawing of lots among the bidders; and

17.7.f. Once all bids are opened, those bids that have passed all qualitative checks will be arranged in per-terminal amount from highest bid to lowest bid and the results posted by representatives of the Lottery in a spreadsheet or on a marker board. Each listing shall show the following information:

17.7.f.1. Name of the Bidder;

17.7.f.2. Per terminal amount bid in US dollars;

17.7.f.3. Number of terminal authorizations requested; and

17.7.f.4. Number of terminal authorizations remaining after this bid opening is completed.

17.8. All permits shall be signed by the director of the lottery in the name of the state of West Virginia and shall state number of video lottery terminals the permit authorizes the holder to own or lease from licensed manufacturers.

W. Va. Code R. § 179-5-17