65 IAC 2-1-8 Special procurement

Sec. 8. (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.