23 CAR § 372-101. Definitions

As used in this part: (1) "Act" means the Arkansas Scholarship Lottery Act, Arkansas Code § 23-115-101 et seq.; (2) "Addendum" or "addenda" means an addition or deletion to, a material change in, or general interest explanation of a solicitation document; (3) "Advantageous" means, in the Office of the Arkansas Lottery’s interests, as assessed according to the judgment of the Office of the Arkansas Lottery; (4) "Award" means either the act or occurrence of the Office of the Arkansas Lottery’s identification of the person with whom the Office of the Arkansas Lottery will enter into a contract; (5) "Bid" means a response to an invitation to bid; (6) "Bidder" means a person that submits a bid in response to an invitation to bid; (7) "Closing" means the date and time announced in a solicitation document as the deadline for submitting offers; (8) "Commission" or "commissioners" means the member or members of the Office of the Arkansas Lottery as appointed under Arkansas Code § 23-115-202 [repealed]; (9) "Contract" means all types of state agreements, regardless of what they may be called, for the purchase, lease, rental, or other acquisition of goods and services and for the disposal of surplus commodities and services not otherwise exempt; (10) "Contract price" means as the context requires: (A) The maximum payments that the Office of the Arkansas Lottery will make under a contract if the contractor fully performs under the contract; (B) The maximum not-to-exceed amount of payments specified in the contract; or (C) The unit prices for goods and services set forth in the contract; (11) "Contractor" means the person with whom the Office of the Arkansas Lottery enters into a contract; (12) "Director" means the Director of the Office of the Arkansas Lottery; (13) "Emergency" means circumstances that: (A) Could not have been reasonably foreseen; (B) Require prompt execution of a contract to remedy the condition; and (C) Meet one (1) of the following two (2) conditions: (i) The circumstances create a substantial risk of loss of revenue, damage, or interruption of services or substantial threat to property, public health, welfare, or safety when the circumstances could not have been reasonably foreseen; or (ii) The circumstances require immediate and decisive action to protect the security, credibility, or integrity of the lottery or a lottery game; (14) "Goods and services" or "goods or services" means supplies, equipment, materials, and services including personal services and any personal property, including any tangible, intangible, and intellectual property and rights and licenses in relation thereto, that the Office of the Arkansas Lottery is authorized by law to procure; (15) "Information technology contract" means a contract for the acquisition, disposal, repair, maintenance, or modification of hardware, software, or services for computers or telecommunications; (16) "Invitation to bid" or "ITB" means all documents, whether attached or incorporated by reference, used for soliciting bids using a competitive bidding process in which specifications, price, and delivery (or project completion) will be the predominant award criteria; (17) "Lottery" means any game of chance approved by the Office of the Arkansas Lottery pursuant to the Arkansas Scholarship Lottery Act; (18)(A) "Major procurement" or "major procurement contract" means a contract for a gaming product or service costing more than seventy-five thousand dollars ($75,000) including without limitation: (i) A major advertising contract; (ii) An annuity contract; (iii) A prize payment agreement; (iv) A consulting service; (v) Lottery equipment; (vi) Tickets; and (vii) Any other product and service unique to lotteries. (B)(i) "Major procurement contract" does not include a material, supply, equipment, or service common to the ordinary operations of the Office of the Arkansas Lottery. (ii) When the cost of a proposed contract for a gaming product or service is to be paid in whole or in part on a contingent basis, the Office of the Arkansas Lottery shall estimate the value of the proposed contract to determine whether it is a major procurement contract; (19) "OAL" means the Office of the Arkansas Lottery; (20) "Offer" means a response to a solicitation document; (21) "Offeror" means a person who submits an offer; (22) "Person" means: (A) An individual; (B) A corporation; (C) A business trust; (D) An estate; (E) A trust; (F) A partnership; (G) A limited liability company; (H) An association; (I) A joint venture; (J) A governmental agency; (K) A public corporation; or (L) Any other legal or commercial entity; (23) "Personal services" means the services or type of services performed under a personal services contract; (24) "Personal services contract" means a contract or member of a class of contracts whose primary purpose is to acquire specialized skills, knowledge, and resources in the application of technical or scientific expertise, or the exercise of professional, artistic, or management discretion or judgment, including, without limitation, a contract for the services of an accountant, educator, information technology or other consultant, broadcaster or artist, including a: (A) Photographer; (B) Filmmaker; (C) Painter; or (D) Sculptor; (25) "Proposal" means a response to a request for proposal; (26) "Proposer" means a person that submits a proposal in response to a request for proposal; (27) "Request for proposal" or "RFP" means all documents, whether attached or incorporated by reference, used for soliciting proposals using a competitive proposal process in which price is not the sole determining factor for contract award; (28) "Request for qualifications" or "RFQ" means a solicitation document requiring submittal of qualifications or specialized expertise in response to the scope of work or services required and does not require pricing; (29) "Responsible bidder/proposer/offeror" means a vendor who submits a bid, offer, quote, or proposal in response to a solicitation and who, in the reasonable opinion of the Office of the Arkansas Lottery: (A) Is able and is otherwise qualified in all respects to perform fully the contract requirements without delay; and (B) Has the integrity and reliability which will assure good faith performance; (30)(A) "Responsive bidder/proposer/offeror" (also "responsive bid", "responsive offer", or "responsive proposal", as applicable) means an offer that substantially complies in all material respects with applicable solicitation document requirements. (B) When used alone, "responsive" means having the characteristics of substantially complying in all material respects with applicable solicitation document requirements; (31) "Scope" means the range and attributes of the goods or services described in the applicable solicitation document, or if no solicitation document, in the contract; (32) "Signed" or "signature" means any mark, word, or symbol attached to or logically associated with a document and executed or adopted by a person with the intent to be bound; (33) "Solicitation" means all documents, whether attached or incorporated by reference, utilized for soliciting bids, offers, quotes, or proposals with respect to a particular major procurement; (34) "Solicitation document" means an invitation to bid, request for proposal, or other document issued to invite offers from prospective contractors; (35)(A) "Specification" means any description of the physical or functional characteristics, or of the nature of goods or services, including any requirement for inspecting, testing, or preparing goods or services for delivery and the quantities of materials to be furnished under a contract. (B) Specifications generally will state the result to be obtained and may, on occasion, describe the method and manner of doing the work to be performed; (36)(A) "Vendor" means a person who provides or proposes to provide goods or services to the Office of the Arkansas Lottery under a major procurement contract. (B) “Vendor” does not include: (i) An employee of the Office of the Arkansas Lottery; (ii) A retailer; or (iii) A state agency or instrumentality. (C) "Vendor" includes a corporation whose stock is publicly traded and that is the parent company of the contracting party in a major procurement contract; (37) "Work" means the furnishing of all materials, equipment, labor, and incidentals necessary to successfully complete any individual requirement in a contract and successful completion of all duties and obligations imposed by the contract; and (38)(A) "Written" or "writing" means conventional paper documents, whether handwritten, typewritten, or printed, in contrast to spoken words. (B) It also includes electronic transmissions or facsimile documents when required by applicable law or permitted by a solicitation document or contract.