Title 50, Chapter 27, Section 16
( 50-27-16)
(a)(1) Each vendor shall, at the execution of the contract with
the corporation, post a performance bond or letter of credit from
a bank or credit provider acceptable to the corporation in an
amount as deemed necessary by the corporation for that particular
bid or contract. In lieu of the bond, a vendor may, to assure the
faithful performance of its obligations, deposit and maintain with
the corporation securities that are interest bearing or accruing
and that are rated in one of the three highest classifications by
an established nationally recognized investment rating service.
Securities eligible under this Code section are limited to: (A) Certificates of deposit issued by solvent banks or savings
associations approved by the corporation and which are organized
and existing under the laws of this state or under the laws of
the United States; (B) United States bonds, notes, and bills for which the full
faith and credit of the government of the United States is
pledged for the payment of principal and interest; and (C) Corporate bonds approved by the corporation. The
corporation which issued the bonds shall not be an affiliate or
subsidiary of the depositor. Such securities shall be held in trust and shall have at all times
a market value at least equal to the full amount estimated to be
paid annually to the lottery vendor under contract. (2) Because of certain economic considerations, minority
businesses may not be able financially to comply with the bonding,
deposit of securities, or letter of credit requirements of
paragraph (1) of this subsection. Notwithstanding any other
provisions of this subsection, in order to assure minority
participation in major procurement contracts to the most feasible
and practicable extent possible, the chief executive officer is
authorized and directed to waive the bonding, deposit of
securities, and letter of credit requirements of paragraph (1) of
this subsection for a period of five years from the time that a
minority business enters into a major procurement contract for any
minority business which substantiates financial hardship pursuant
to the policies and procedures established by the board. (b) Each vendor shall be qualified to do business in this state and
shall file appropriate tax returns as provided by the laws of this
state. All contracts under this Code section shall be governed by
the laws of this state. (c) No contract shall be let with any vendor in which a public official, as defined by Code Section 45-10-20, has an ownership interest of 10 percent or more. (d) All major procurement contracts must be competitively bid
pursuant to policies and procedures approved by the board unless
there is only one qualified vendor and that vendor has an exclusive
right to offer the service or product. |