| (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.
(b) Use and Effect. This subchapter is prescribed for
the performance of the statutory powers and functions vested in the
agency. In no event shall they, or any of them, be construed as a
limitation or restriction upon the exercise of any discretion authorized
to be exercised by the Texas Lottery Commission.
(c) Procurement method.
(1) For the purchase or lease of goods and services
not expected to exceed $10,000, or for the purchase or lease of goods
and services available under a state contract, a competitive solicitation,
whether formal or informal, may be conducted, but is not required.
(2) For the purchase or lease of goods and services
not expected to exceed $25,000, the agency, at a minimum, will conduct
an informal competitive solicitation in an attempt to obtain at least
three competitive bids and will solicit at least two HUB vendors.
(3) For the purchase or lease of goods and services
expected to exceed $25,000, the agency will conduct a formal competitive
solicitation in an attempt to obtain at least three competitive bids
or proposals and will solicit at least two HUB vendors.
(4) Printing services. For the purchase of printing
services over $2,500, the agency will submit print job specifications
and bid requests to the State Print Shops. If no responsive bids are
received from a State Print Shop or, after the results of the bid
evaluation, the agency determines that best value would be achieved
through a private sector vendor, the agency may perform a competitive
solicitation outlined in paragraph (2) or (3) of this subsection.
(5) Emergency procurement. Notwithstanding paragraphs
(1) - (4) of this subsection, the agency may make an emergency purchase
or lease of goods or services. Prior to making an emergency purchase
or lease of goods or services, the existence of an emergency should
be documented. For emergency purchases in excess of $10,000, the agency
may conduct an informal competitive solicitation in an attempt to
obtain at least three competitive bids, whenever possible. For emergency
purchases in excess of $25,000, the procurement will be posted on
the Electronic State Business Daily; however, the minimum posting
requirements do not apply. Posting of the advertisement and/or the
award notice satisfies this requirement. In response to an emergency,
the agency may procure goods or services in the most expeditious manner
deemed appropriate, including from a sole source.
(6) Proprietary purchase. When the agency believes
that a purchase of goods or services over $10,000 is proprietary to
one vendor or one manufacturer, a written proprietary purchase justification
will be included in the procurement file. If the estimated purchase
price exceeds $25,000, the procurement will be posted on the Electronic
State Business Daily prior to a purchase order or contract being issued.
(7) Notwithstanding paragraphs (1) - (4) of this subsection,
the agency may make a purchase or lease of goods or services under
any other procedure not otherwise prohibited by law.
(d) Informal competitive solicitations.
(1) An informal competitive solicitation is a process
conducted in an effort to receive at least three competitive bids
for a specifically identified good or service, without the advertisement
and issuance of an IFB or RFP. The bids may be solicited by letter,
electronic mail, facsimile, or telephone call. The following information
will be recorded by the agency in the procurement file:
(A) the name and telephone number of each person or
company to which the solicitation was provided;
(B) the name and telephone number of the person or
company submitting the bid;
(C) the date the bid was received;
(D) the amount of the bid;
(E) bidder's Historically Underutilized Business status;
and
(F) the name and telephone number of the person receiving
the bid for the agency.
(2) The agency will award a contract to the qualified
bidder submitting the lowest and best bid, except that the agency
may reject all bids if it is determined to be in the best interest
of the state.
(3) The contract will be awarded by the issuance of
a written purchase order.
(e) Formal competitive solicitations.
(1) A formal competitive solicitation is a process
conducted in order to receive at least three sealed competitive bids
or proposals pursuant to the issuance of an IFB, RFP, RFQ, or another
statewide contract process, respectively.
(A) An IFB will be used when the agency is able to
describe, by way of established specifications, exactly what it wishes
to procure, and wants bidders to offer such at a specific price.
(B) An RFP will be used when the agency knows generally
what it wishes to procure in order to accomplish a certain goal(s)
or objective(s); requirements cannot be completely and accurately
described; requirements can be satisfied in a number of ways, all
of which could be acceptable; or, where oral or written communications
with proposers may be necessary in order to effectively communicate
requirements and/or assess proposals, and the agency wants proposers
to offer a solution(s) to address such need(s) at a specific price(s).
The RFP process allows for negotiations between a proposer and the
issuing agency.
Cont'd... |
