Section 370-300-308 - PROSPECTIVE BIDDER SELECTION308.01 Any firm or business conducting business within Nebraska may request placement on the approved bidder list for a particular service or commodity by filing a written request with the Division. The Division may mail copies of solicitation documents to bidders on the list for a particular item or to any other bidder which the Division chooses to contact.308.02 A bidder may be refused placement on the list or suspended or permanently removed from the list for any of the following reasons: failure to respond to three consecutive solicitations; failure to deliver within specified delivery dates; failure to deliver in accordance with specifications; attempts to influence decisions of any state employee involved in procurement process; evidence of agreements by the bidder to restrain trade or impede competitive bidding; and any other activities of the bidder which the Division determines would render the bidder unsuitable. 308.02A The Division shall notify a bidder in writing prior to refusing placement on the list, suspending the bidder from the list, or permanently removing the bidder from the list. The bidder shall be provided a reasonable opportunity to explain and cure any misconduct identified by the Division. If the Division ultimately refuses placement on the list or removes the bidder from the list, the bidder may appeal the Division's action pursuant to the criteria for bidder appeals contained in these regulations.308.03 The Division shall select bidders to receive solicitation documents based on the Division's knowledge of the bidders in the particular market. The initial bidder selection shall be designed to promote the competitive bidding process and the best interests of the lottery. The Division shall also provide solicitation documents to qualified bidders upon request when the request is made during the solicitation period. The bidder is solely responsible for ensuring that the solicitation documents are received by the bidder.308.04 Persons ineligible for contract The Division may not enter into a procurement contract with a Lottery Vendor if any person with a substantial interest in the Lottery Vendor has been convicted of a felony or misdemeanor involving gambling, moral turpitude, dishonesty, or theft, or who has been convicted of any other felony within the last ten years preceding the submission of the information.
370 Neb. Admin. Code, ch. 300, § 308