R19-3-537. Competition Impracticable Procurements

A. For the purposes of this Section, “competition impracticable” means a procurement requirement exists which makes compliance with A.R.S. § 5-559 and these rules impracticable, unnecessary, or contrary to the public interest, but which is not an emergency under R19-3-536. Procurements with a documented lack of available vendors in the marketplace and which require an open and continuous availability of offerors may be procured by this method. B. The procurement officer shall make a written determination that includes the following information: 1. An explanation of the competition impracticable need and the unusual or unique situation that makes compliance with A.R.S. § 5-559 and these rules impracticable, unnecessary, or contrary to the public interest; 2. A definition of the proposed procurement process to be utilized and an explanation of how this process will foster as much competition as is practicable; 3. An explanation of why the proposed procurement process is advantageous to the Lottery; and 4. The scope, duration, and estimated total dollar value of the procurement need. C. The procurement officer shall keep a record of all competition impracticable procurements.