DEPARTMENT OF REVENUE Lottery Commission 1 CCR 206-1 RULES AND REGULATIONS RULE 9 General Rules and Regulations BASIS AND PURPOSE OF AMENDED RULE 9 The purpose of Rule 9 is to provide specific details and requirements for Colorado Lottery Procurement, Contracts and Leases. The statutory basis for Rule 9 is found in C.R.S. 24-35-204 (3)(i), and 24-35-205 (7)(8). 9.1 Procurement The Commission shall approve, prior to issuance, any Request for Proposal (RFP) or Invitation for Bid (IFB) that may result in a contact having a value of one hundred thousand dollars ($100,000) or more. Such approval shall not be required when the State Purchasing Director has determined that a threat to public health, welfare or safety exists. 9.2 Contracts and Leases Contracts and leases having a value of one hundred thousand dollars ($100,000) or more shall be approved by the Commission prior to initial execution or renewal extension. 9.3 Evaluation Committees The committee recommended by the Lottery Director for the evaluation of an RFP that may result in a contract having a value of one hundred thousand dollars ($100,000) or more shall include one or more persons who are not Lottery employees. The Lottery may reimburse said person for time spent in the evaluation of an RFP. If any such person is an employee of a state agency, the Lottery may reimburse that agency for the time spent by the employee on the evaluation committee. 9.4 Liquidated Damages The Lottery Director must report any breach of contract that may result in the assessment of liquidated damages to the Commission. The Commission shall approve any assessment of liquidated damages. 9.5 Contracts in which Felony Convictions Are An Issue Section 24-35-205 (5) (a), C.R.S. is clarified as follows: a. The chairman of the panel shall be the Executive Director of the Department of Revenue. b. The determination submitted to the panel by the Lottery Director shall be in writing and accompanied by a statement of the reasons for the determination and all supporting documentation and materials. c. Each panel member's decision whether to accept or reject the Lottery Director's determination shall be submitted to the panel chairman in writing within fifteen (15) days of the date on which the Lottery Director's determination was submitted to the panel. Failure of a panel member to submit a decision within this timeframe shall be deemed as approval of the Lottery Director's determination. d. The decision of the panel shall be to accept the Lottery Director's determination if at least two members of the panel accept the Lottery Director's determination; and, conversely, the decision of the panel shall be to reject the Lottery Director's determination if at least two members of the panel reject the Lottery Director's determination. The chairman of the panel shall notify the Lottery Director of such decision in writing within seven (7) days, and the decision of the panel shall be deemed final on the date of such written notice. e. If the Lottery Director determines that the security, integrity, or efficient and economical operation of the Lottery may be adversely affected, the Lottery Director may, with the approval of the Commission, contract with another supplier of the goods or services during the timeframe of the panel's review of the Lottery Director's determination.
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