Nebraska Administrative Code
Topic - REVENUE, DEPARTMENT OF
Title 370 - Nebraska Lottery Regulations
Chapter 300 - Procurement
Section 370-300-302 - COMPETITIVE BIDDING

Universal Citation: 370 NE Admin Rules and Regs ch 300 ยง 302

Current through March 20, 2024

302.01 Applicability

The purchase, lease, lease-purchase or contracting for goods expected to cost in the aggregate in excess of ten thousand dollars and services expected to cost in the aggregate in excess of twenty-five thousand dollars shall be obtained as a result of competitive bidding, except as provided below.

302.01A The Division may exempt an item from competitive bidding other than a major procurement, if the item or service is unique, is purchased in quantities too small to be effectively purchased through competitive bidding, if there is an immediate or emergency need for the item, or if the Division determines that the best interests of the lottery will be served by exemption from the bidding process.

302.01B Whenever a purchase is exempt from competitive procurement procedures under these regulations, the Director is required to make a determination that the cost of the goods or services are reasonable under the circumstances. In making this reasonableness determination, the Director may use historical pricing data, and personal knowledge of product and marketplace conditions.

302.02 Methods of obtaining bids or proposals used by the Division

Bids or proposals are to be obtained by one of the following methods. If more than one method is applicable to the purchase of a particular item, the Division shall choose the method of bidding to be utilized.

302.02A Informal bids - goods. Informal bids are required for the purchase, lease, lease-purchase or entering into a contract for goods costing in the aggregate more than ten thousand dollars ($10,000).
302.02A(1) The Division shall prepare a written invitation-to-bid (ITB) and shall mail, fax, hand deliver or e-mail the ITB, to vendors on the list maintained under these regulations, Prospective Bidder Selection, in the business of providing the goods sought by the Division.

302.02A(2) The invitation to bid shall contain the due date and time of the bid opening, a complete description of the item needed, and any other necessary or proper items. All sample items must be received by the bid due date. The Department may elect how bidders may submit bids, including by mail, fax, hand delivery, e-mail, telephone or otherwise.

302.02A(3) Bids received prior to the time set for the bid opening of the bidding document shall be held by the Division unopened until the bid opening.

302.02A(4) All bids shall be opened by the Division. As the bids are opened they will be summarized and tabulated, and the results of the summary/tabulations shall be made available to any interested party. The original bids and the summary/tabulations will be maintained by the Division for one year following the date on which the bids were opened, at which time all original bids, records and summary/tabulations may be destroyed by the Division.

302.02A(5) An award shall be made within ninety (90) calendar days from the date of the bid opening unless a different time frame is stated by the Division in the ITB or subsequently agreed to by the Division and the bidders. The price quoted by the bidders shall remain binding through the applicable time period. If an award is not made within the applicable time frame, all bids shall be deemed rejected. The Division is not required to issue notices of non-acceptance.

302.02B Informal bids - services. Informal bids are required for the purchase of services costing in the aggregate more than ten thousand dollars ($10,000).
302.02B(1) The Division shall solicit at least three bidders in the business of providing the services sought by the Division. If the Division is unable to discover at least three businesses which provide the services sought, the Division may solicit bids from fewer than three bidders.

302.02B(2) The results of all bids will be tabulated, and the results of the tabulations shall be made available to any interested party. A record of the bids and tabulations will be maintained by the Division for one year following the date on which the bids are solicited, at which time all original bids, records and tabulations may be destroyed by the Division.

302.02C Request for proposals. Request for proposals (RFP) are required for major procurements. The purpose of a RFP is to provide the vendor with sufficient information about the Division's requirements and goals to allow the vendor to propose a solution to the Division's requirements.
302.02C(1) The Division shall prepare a written request for proposals and shall send by electronic or U.S. mail the RFP to vendors on the list maintained under these regulations in the business of supplying the goods or services sought by the Division.

302.02C(2) Proposals shall be opened at the time designated in the proposal and made available to any interested party on the date and hour designated in the proposal. Any portions of the proposal that have been properly identified by the vendor as trade secrets or proprietary information shall not be disclosed by the Division.

302.02C(3) An award shall be made within ninety (90) calendar days from the date of the proposal opening unless a different time frame is stated by the Division in the RFP during which the award shall be made or during which bids will remain binding, or subsequently agreed to by the vendors. The terms quoted by the vendor shall remain binding throughout the time period for making an award, or the time period specified in the RFP. If an award is not made within the applicable time frame all proposals shall be deemed rejected.

302.02C(4) At a minimum a RFP shall address the following criteria: important dates in the proposal and the award process including the due date for the proposal and the date and hour of the proposal opening; the scope of the work to be performed and any specific requirements which the vendor must meet; the providing of samples, and any contractual terms and conditions which the Division anticipates may affect the terms of the vendor's proposal.

302.02D Department of Administrative Services. Goods and services may be obtained by the Division through the Department of Administrative Services whenever such procurement is possible and is in the best interest of the Division.

302.02E Emergency purchases. An emergency purchase procurement, other than a major procurement, shall be made when an unexpected, sudden, serious, or urgent situation demands immediate action. An emergency purchase may be used only to purchase goods necessary to meet the emergency. Subsequent purchases must be obtained through the normal purchasing procedures in these regulations. Competitive procedures are not required to make emergency purchase procurements.
302.02E(1) For an emergency purchase of goods more than ten thousand dollars ($10,000), the Division will state in writing the nature of the emergency, the bidder selected, the goods procured, the date of the procurement and factors leading to a determination of the emergency purchase.

302.03 Changes in ITB or RFP

The Division may make changes to any solicitations at any time. Any changes will be sent to all persons who received the ITB or RFP.

302.04 Questions about ITB or RFP

302.04A The Division may accept questions about any ITB submitted in any manner deemed acceptable to the Division. For an ITB, the Division is only required to answer a question only to the specific vendor asking the question, although it may elect to notify all potential bidders about the question and the Division's response.

302.04B The Division may accept questions about any RFP submitted in any other manner deemed acceptable to the Division. The Division will establish the date by which all questions have to be received. The Division may answer some or all of the questions received at its election. All answers to RFP questions will be in writing and will be provided in the same manner and to the same persons as changes to an RFP, along with a copy of the questions that were answered.

302.05 Cancellation of ITB or RFP

If an informal invitation to bid or request for proposal is canceled prior to the time set for opening the bids or proposals any responses already received shall be returned unopened.

302.06 Advertising solicitations

Requests for proposals issued by the Division for goods or services costing in the aggregate greater than fifty thousand dollars ($50,000) shall be advertised five (5) days before issuance in a daily paper of general circulation in Nebraska.

302.06A The advertisement shall indicate that it is a notice to prospective vendors, contain the bid due date and time of opening, describe the items to be purchased, and provide the name, address, telephone number and fax number of the person to be contacted to obtain official bidding documents.

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