Florida Regulations 53ER99-37: Procedure for Procurement of Merchandise to be Awarded as Prizes
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(1) The purpose of this rule is to implement the provisions of Florida Statutes § 24.105(13), and to provide a mechanism for purchasing merchandise to be awarded as prizes in games conducted by the Lottery. The Lottery specifically finds that, due to the unique nature of selecting merchandise to be awarded as prizes, strict compliance with Florida Statutes Chapter 287, and rules adopted thereunder, would impair or impede the effective and efficient operation of the lottery. Therefore, the Lottery is promulgating this rule to provide a procedure to contract for merchandise in an open, fair, and competitive process.
(2) Definitions. For purposes of this rule, the following definitions shall apply:
(a) Merchandise – Any non cash item to be awarded as a prize in a Lottery game.
(b) Procurement – Acquisition by the Lottery of merchandise by contract or purchase order.
(c) Valid Emergency – A circumstance creating an immediate danger to the public health, welfare, or safety, or to the security, integrity, or financial status of the Lottery.
(3) Regardless of the value of merchandise to be procured, procurement pursuant to this rule shall be made using an informal competitive process.
(4) Following determination of the types and quantities of merchandise to be awarded as prizes in a game, the Lottery will develop and provide in writing to a minimum of five (5) suppliers of the merchandise, if available, specifications for the merchandise to be procured and the terms and conditions of delivery. The suppliers of merchandise to which specifications will be sent will be determined by recourse to the vendor list for such merchandise maintained by the Department of Management Services, or, if none exists, by any other means reasonably calculated to provide a list of potential respondents, including, but not limited to, research of telephone books, industry materials, newspapers, trade publications or similar references.
(5) Potential respondents will be offered the opportunity to provide a written price quotation or proposal for any merchandise meeting the specifications within the period of time specified in the request. Notice of the request for quotations shall be posted on the Lottery’s purchasing bulletin board. Responses shall be accepted by mail, hand delivery, or facsimile transmission.
(6) In the event that only one, or no price quotations or proposals are received, the Lottery shall review the situation in order to determine the reasons, if any, why only one, or no quotations or proposals were received before issuing a second invitation to provide a written price quotation or proposals. However, if the Lottery determines that the commodities or contractual services are available only from a single source, or that conditions and circumstances warrant negotiation on the best terms and conditions, the Lottery’s intended decision shall be posted in accordance with Florida Statutes § 120.57(3), before the Lottery proceeds with procurement. The Lottery shall document the conditions and circumstances used to determine the decision to proceed without a second call for price quotations or proposals.
(7) Emergency Purchases.
(a) The Secretary is authorized to waive any requirements of these rules and permit the emergency purchase of merchandise to be used as prizes where a valid emergency exists.
(b) A written certification under oath by the Secretary stating the basis for the waiver of the procurement requirements of this rule and the selection of the particular source shall be made a matter of record.
(8) This emergency rule replaces Fl. Admin. Code R. 53ER97-41
Rulemaking Authority Florida Statutes § 24.105(13), 24.109(1) FS. Law Implemented 24.105(16), 24.105(13), 24.109(2)(b), 287.042 F.S. History-New 9-20-99, Replaces 53ER97-41.
Terms Used In Florida Regulations 53ER99-37
- Contract: A legal written agreement that becomes binding when signed.
- Oath: A promise to tell the truth.
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
(a) Merchandise – Any non cash item to be awarded as a prize in a Lottery game.
(b) Procurement – Acquisition by the Lottery of merchandise by contract or purchase order.
(c) Valid Emergency – A circumstance creating an immediate danger to the public health, welfare, or safety, or to the security, integrity, or financial status of the Lottery.
(3) Regardless of the value of merchandise to be procured, procurement pursuant to this rule shall be made using an informal competitive process.
(4) Following determination of the types and quantities of merchandise to be awarded as prizes in a game, the Lottery will develop and provide in writing to a minimum of five (5) suppliers of the merchandise, if available, specifications for the merchandise to be procured and the terms and conditions of delivery. The suppliers of merchandise to which specifications will be sent will be determined by recourse to the vendor list for such merchandise maintained by the Department of Management Services, or, if none exists, by any other means reasonably calculated to provide a list of potential respondents, including, but not limited to, research of telephone books, industry materials, newspapers, trade publications or similar references.
(5) Potential respondents will be offered the opportunity to provide a written price quotation or proposal for any merchandise meeting the specifications within the period of time specified in the request. Notice of the request for quotations shall be posted on the Lottery’s purchasing bulletin board. Responses shall be accepted by mail, hand delivery, or facsimile transmission.
(6) In the event that only one, or no price quotations or proposals are received, the Lottery shall review the situation in order to determine the reasons, if any, why only one, or no quotations or proposals were received before issuing a second invitation to provide a written price quotation or proposals. However, if the Lottery determines that the commodities or contractual services are available only from a single source, or that conditions and circumstances warrant negotiation on the best terms and conditions, the Lottery’s intended decision shall be posted in accordance with Florida Statutes § 120.57(3), before the Lottery proceeds with procurement. The Lottery shall document the conditions and circumstances used to determine the decision to proceed without a second call for price quotations or proposals.
(7) Emergency Purchases.
(a) The Secretary is authorized to waive any requirements of these rules and permit the emergency purchase of merchandise to be used as prizes where a valid emergency exists.
(b) A written certification under oath by the Secretary stating the basis for the waiver of the procurement requirements of this rule and the selection of the particular source shall be made a matter of record.
(8) This emergency rule replaces Fl. Admin. Code R. 53ER97-41
Rulemaking Authority Florida Statutes § 24.105(13), 24.109(1) FS. Law Implemented 24.105(16), 24.105(13), 24.109(2)(b), 287.042 F.S. History-New 9-20-99, Replaces 53ER97-41.