Section R19-3-528. Proposal Contract Award

A.      The procurement officer shall award the contract to the responsible offeror whose offer is determined to be most advantageous to the Lottery based on the evaluation factors set forth in the solicitation. The procurement officer shall make a written determination explaining the basis for the award and place it in the procurement file.

B.       Before awarding any cost reimbursement contract, the pro- curement officer shall determine in writing that:

1.        The offeror’s accounting system will permit timely devel- opment of all necessary cost data in the form required by the specific contract type contemplated, and

2.        It is adequate to allocate costs under R19-3-550 through R19-3-553.

C.      The procurement officer shall notify the Director and the Lot- tery Commission of an award. The award will be final and binding unless rejected by the Lottery Commission at a meet- ing held within 14 calendar days after the award is communi- cated to the Commissioners. The procurement officer shall send notice of the meeting to all offerors.

D.      If the procurement officer makes a written determination that it is in the best interest of the Lottery that the award not be made public until reviewed by the Lottery Commission, the Director may authorize a meeting of the Lottery Commission to be held for consideration of the award.

1.        The Director shall provide notice of the meeting in com- pliance with Open Meeting Law, including notice of an executive session to provide information concerning the award and the procurement officer’s evaluation of the offers.

2.        The Lottery Commission shall not take action in the exec- utive session.

3.        In open meeting the Lottery Commission may vote to approve or reject the award. The Lottery Commission may also direct that it will reject the award unless further negotiations occur regarding specified issues. If further negotiations are directed, the procurement officer shall withhold the recommended award from public inspec- tion.

E.       The procurement officer shall notify all offerors of an award that has become effective and binding.

F.       After an award becomes effective and binding, the procure- ment officer shall return any offer security provided by the offeror.

G.      Within 10 days after an award is effective and binding, the procurement officer shall make the procurement file, including all offers, available for public inspection, redacting informa- tion that is confidential under R19-3-503.

Historical Note

Adopted as an emergency effective June 5, 1985, pursu- ant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85- 3). Adopted as a permanent rule effective August 29, 1985 (Supp. 85-4). Former Section R4-37-528 renum- bered to R4-37-525, new Section R4-37-528 renumbered from R4-37-531 and amended effective May 7, 1990 (Supp. 90-2). R19-3-528 recodified from R4-37-528 (Supp. 95-1). Former Section R19-3-528 renumbered to R19-3-530 and amended; new Section R19-3-528 renum- bered from R19-3-526 and amended effective December 16, 1997 (Supp. 97-4). Section repealed; new Section made by final rulemaking at 12 A.A.R. 4495, effective January 6, 2007 (Supp. 06-4). Amended by final

rulemaking at 19 A.A.R. 1641, effective August 4, 2013

(Supp. 13-2).