§ 23-115-501 - Vendors -- Requirements when submitting a bid, proposal, or offer -- Major procurement contract.
               	 		
23-115-501.    Vendors -- Requirements when submitting a bid, proposal, or offer -- Major procurement contract.
    (a)  The  Arkansas Lottery Commission shall investigate the financial  responsibility, security, and integrity of a vendor who is a finalist in  submitting a bid, proposal, or offer as part of a major procurement  contract.
(b)  At the time of submitting a bid, proposal, or offer to the commission, the commission shall 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)    (i)  If  the vendor is a corporation, the officers, directors, and each  stockholder of more than a ten percent (10%) interest in the  corporation.
                  (ii)  However,  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 five percent (5%) or more of the  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 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 without  limitation lottery goods and services, and the nature of the goods or  services involved for each state or jurisdiction;
      (4)    (A)  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 the vendor's license, contract, or  operation and the disposition of each instance in each state or  jurisdiction.
            (B)  If any  lottery or gaming license or contract has been revoked or has not been  renewed or any lottery or gaming license or application has been either  denied or is pending and has remained pending for more than six (6)  months, all of the facts and circumstances underlying the failure to  receive a license shall be disclosed;
      (5)    (A)  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  committed by the persons identified under subdivision (b)(1) of this  section.
            (B)    (i)  The  commission may request that any or all of the persons identified under  subdivision (b)(1) of this section undergo a state and federal criminal  background check.
                  (ii)  If requested, a state and federal criminal background check shall be conducted in the manner under    23-115-601(e);
      (6)  A  disclosure of the details of any bankruptcy, insolvency,  reorganization, or corporate or individual purchase or takeover of  another corporation, including without limitation bonded indebtedness,  and any pending litigation of the vendor;
      (7)  A  disclosure of the vendor's most recent financial report, including any  reports on internal control over financial reporting, and the most  recent audit report of the vendor's operation as a service organization;  and
      (8)  Additional disclosures and information that the commission may determine to be appropriate for the procurement involved.
(c)  If  any portion of a vendor's contract is subcontracted, the vendor shall  disclose all of the information required by this section for the  subcontractor as if the subcontractor were itself a vendor.
(d)    (1)  The commission shall not enter into a major procurement contract with a vendor that:
            (A)  Has not complied with the disclosure requirements described in subsection (b) of this section;
            (B)  Has been found guilty of a felony related to the security or integrity of a lottery in this or any other jurisdiction; or
            (C)  Has  an ownership interest in an entity that has supplied lottery goods or  services under contract to the commission regarding the request for  proposals pertaining to those particular goods or services.
      (2)  The  commission may terminate a major procurement contract with a vendor  that does not comply with requirements for periodically updating  disclosures during the tenure of the major procurement contract as may  be specified in the major procurement contract.
      (3)  This  section shall be construed broadly and liberally to achieve full  disclosure of all information necessary to allow for a full and complete  evaluation by the commission of the competence, integrity, background,  and character of vendors for major procurement contracts.
(e)    (1)  A  vendor who provides or proposes to provide goods or services under a  major procurement contract shall not provide a gift or compensation to:
            (A)  The  Director of the Arkansas Lottery Commission, a commission member, a  commission employee, or a member of the Arkansas Lottery Commission  Legislative Oversight Committee; or
            (B)  A  member of the immediate family of the director, a commission member, a  commission employee, or a member of the Arkansas Lottery Commission  Legislative Oversight Committee.
      (2)    (A)  Any person who knowingly violates subdivision (e)(1) of this section shall be guilty of a Class A misdemeanor.
            (B)    (i)  The  Arkansas Ethics Commission shall also have the authority to investigate  and address alleged violations of subdivision (e)(1) of this section.
                  (ii)  The  Arkansas Ethics Commission shall have the same power and authority to  enforce the provisions of subdivision (e)(1) of this section as granted  to it under      7-6-217 and 7-6-218.
(f)    (1)  A public official shall not knowingly own a financial interest in a vendor.
      (2)    (A)  If  a public official becomes aware that he or she owns a financial  interest in a vendor, the public official shall divest the financial  interest as soon as possible.
            (B)  A public official shall not divest the financial interest to a member of his or her immediate family.