Title 50, Chapter 27, Section 15
( 50-27-15)
(a) The corporation shall investigate the financial responsibility,
security, and integrity of any lottery system vendor who is a
finalist in submitting a bid, proposal, or offer as part of a major
procurement. At the time of submitting such bid, proposal, or offer
to the corporation, the corporation may require the following items: (1) A disclosure of the vendor's name and address and, as
applicable, the names and addresses of the following: (A) If the vendor is a corporation, the officers, directors, and
each stockholder in such corporation; provided, however, that in
the case of owners of equity securities of a publicly traded
corporation, only the names and addresses of those known to the
corporation to own beneficially 5 percent or more of such
securities need be disclosed; (B) If the vendor is a trust, the trustee and all persons
entitled to receive income or benefits from the trust; (C) If the vendor is an association, the members, officers, and
directors; and (D) If the vendor is a partnership or joint venture, all of the
general partners, limited partners, or joint venturers; (2) A disclosure of all the states and jurisdictions in which the
vendor does business and the nature of the business for each such
state or jurisdiction; (3) A disclosure of all the states and jurisdictions in which the
vendor has contracts to supply gaming goods or services,
including, but not limited to, lottery goods and services, and the
nature of the goods or services involved for each such state or
jurisdiction; (4) A disclosure of all the states and jurisdictions in which the
vendor has applied for, has sought renewal of, has received, has
been denied, has pending, or has had revoked a lottery or gaming
license of any kind or had fines or penalties assessed to his
license, contract, or operation and the disposition of such in
each such state or jurisdiction. If any lottery or gaming license
or contract has been revoked or has not been renewed or any
lottery or gaming license or application has been either denied or
is pending and has remained pending for more than six months, all
of the facts and circumstances underlying the failure to receive
such a license shall be disclosed; (5) A disclosure of the details of any finding or plea,
conviction, or adjudication of guilt in a state or federal court
of the vendor for any felony or any other criminal offense other
than a traffic violation; (6) A disclosure of the details of any bankruptcy, insolvency,
reorganization, or corporate or individual purchase or takeover of
another corporation, including bonded indebtedness, or any pending
litigation of the vendor; and (7) Such additional disclosures and information as the corporation
may determine to be appropriate for the procurement involved. If at least 25 percent of the cost of a vendor's contract is
subcontracted, the vendor shall disclose all of the information
required by this Code section for the subcontractor as if the
subcontractor were itself a vendor. (b) A lottery procurement contract shall not be entered into with
any lottery system vendor who has not complied with the disclosure
requirements described in subsection (a) of this Code section, and
any contract with such a vendor is voidable at the option of the
corporation. Any contract with a vendor who does not comply with
such requirements for periodically updating such disclosures during
the tenure of contract as may be specified in such contract may be
terminated by the corporation. The provisions of this Code section
shall be construed broadly and liberally to achieve the ends of full
disclosure of all information necessary to allow for a full and
complete evaluation by the corporation of the competence, integrity,
background, and character of vendors for major procurements. (c) A major procurement contract shall not be entered into with any
vendor who has been found guilty of a felony related to the security
or integrity of the lottery in this or any other jurisdiction. (d) A major procurement contract shall not be entered into with any
vendor if such vendor has an ownership interest in an entity that
had supplied consultation services under contract to the corporation
regarding the request for proposals pertaining to those particular
goods or services. (e) No lottery system vendor nor any applicant for a major
procurement contract may pay, give, or make any economic
opportunity, gift, loan, gratuity, special discount, favor,
hospitality, or service, excluding food and beverages having an
aggregate value not exceeding $100.00 in any calendar year, to the
chief executive officer, any board member, or any employee of the
corporation or to a member of the immediate family residing in the
same household as any such person. |