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Sunday, November 30, 1997

GTECH declines to rebid on lottery business

AUSTIN (AP) -- GTECH Corp., the Texas Lottery's primary contractor, is not interested in rebidding on the work it currently performs, the company said Saturday.

"We have officially informed the Texas Lottery Commission that the company will decline to submit a proposal in response to the commission's request for proposals for a new lottery system and services," GTECH spokesman Marc Palazzo said Saturday.

Rhode Island-based GTECH informed the three lottery commissioners and senior lottery staff members of its decision by letters delivered Saturday, Palazzo said. The bid deadline is Monday.

Lottery commissioners and senior staff members did not immediately return calls to The Associated Press seeking comment Saturday afternoon.

GTECH's decision is the latest volley in a long-running battle between the lottery and its main contractor, which runs the on-line system for games such as Lotto and Cash 5, and warehouses and distributes instant games.

The commission opted to seek new bids earlier this year after months of investigation into the way GTECH does business. Members of the three-person commission said rebidding the contract could save the state money.

But GTECH sued the commission on Nov. 7, claiming a former lottery executive stacked the deck against the company in its rebidding process.

Last week, in its legal answer to GTECH's lawsuit, the lottery asked a state judge in Travis County to dismiss the suit on grounds that the agency is immune.

The lottery said GTECH has not received legislative permission to sue the agency, as it must under the standard of sovereign immunity. The lottery also said GTECH did not follow the legally set time limit for appealing to the commission its decision to rebid the contract.

In addition to saying the agency can't be sued, the lottery said GTECH has no legitimate case.

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