Section 65IAC2-1-8. Special procurement

   (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:

(A) software programs;

(B) hardware; or

(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-065130297ERA)