This chapter shall be known and cited as
the State Purchasing Act.
[1:333:1951]
[Effective through June 30, 2009.] As
used in this chapter, unless the context otherwise requires:
1. “Best value” means the greatest possible economy consistent
with grades or qualities of supplies, materials, equipment and services
that are adapted to the purposes to be served.
2. “Chief” means the Chief of the Purchasing Division.
3. “Director” means the Director of the Department of
Administration.
4. “Invitation to bid” means a written statement which sets forth
the requirements and specifications of a contract to be awarded by
competitive selection.
5. “Proprietary information” means:
(a) Any trade secret or confidential business information that is
contained in a bid or proposal submitted on a particular contract; or
(b) Any other trade secret or confidential business information
submitted in a bid or proposal and designated as proprietary by the Chief.
Ê As used in this subsection, “confidential business information” means
any information relating to the amount or source of any income, profits,
losses or expenditures of a person, including data relating to cost or
price submitted in support of a bid or proposal. The term does not
include the amount of a bid or proposal.
6. “Purchasing Division” means the Purchasing Division of the
Department of Administration.
7. “Purchasing officer” means a person who is authorized by the
Chief or a using agency to participate in:
(a) The evaluation of bids or proposals for a contract;
(b) Any negotiations concerning a contract; or
(c) The development, review or approval of a contract.
8. “Request for proposals” means a written statement which sets
forth the requirements and specifications of a contract to be awarded by
competitive selection.
9. “Trade secret” has the meaning ascribed to it in NRS 600A.030
.
10. “Using agencies” means all officers, departments,
institutions, boards, commissions and other agencies in the Executive
Department of the State Government which derive their support from public
money in whole or in part, whether the money is provided by the State of
Nevada, received from the Federal Government or any branch, bureau or
agency thereof, or derived from private or other sources. The term does
not include the Nevada Rural Housing Authority, the Housing Division of
the Department of Business and Industry, local governments as defined in
NRS 354.474 , conservation districts, irrigation districts and the Nevada
System of Higher Education.
11. “Volunteer fire department” means a volunteer fire department
which pays premiums for industrial insurance pursuant to the provisions
of chapters 616A to 616D , inclusive, or chapter 617 of NRS.
[2:333:1951]—(NRS A 1963, 48, 489, 1284; 1967, 202; 1969, 1429;
1973, 1465; 1975, 248; 1993, 390, 1564, 2267, 2877; 1995, 366, 728, 815,
1733, 2044, 2060; 1997, 547; 1999, 234 , 1024 , 1817 ; 2001, 2122 ; 2003, 547 , 2194 ; 2005, 668 )
[Effective July 1, 2009.] As used in
this chapter, unless the context otherwise requires:
1. “Best value” means the greatest possible economy consistent
with grades or qualities of supplies, materials, equipment and services
that are adapted to the purposes to be served.
2. “Chief” means the Chief of the Purchasing Division.
3. “Director” means the Director of the Department of
Administration.
4. “Invitation to bid” means a written statement which sets forth
the requirements and specifications of a contract to be awarded by
competitive selection.
5. “Proprietary information” means:
(a) Any trade secret or confidential business information that is
contained in a bid or proposal submitted on a particular contract; or
(b) Any other trade secret or confidential business information
submitted in a bid or proposal and designated as proprietary by the Chief.
Ê As used in this subsection, “confidential business information” means
any information relating to the amount or source of any income, profits,
losses or expenditures of a person, including data relating to cost or
price submitted in support of a bid or proposal. The term does not
include the amount of a bid or proposal.
6. “Purchasing Division” means the Purchasing Division of the
Department of Administration.
7. “Purchasing officer” means a person who is authorized by the
Chief or a using agency to participate in:
(a) The evaluation of bids or proposals for a contract;
(b) Any negotiations concerning a contract; or
(c) The development, review or approval of a contract.
8. “Request for proposals” means a written statement which sets
forth the requirements and specifications of a contract to be awarded by
competitive selection.
9. “Trade secret” has the meaning ascribed to it in NRS 600A.030
.
10. “Using agencies” means all officers, departments,
institutions, boards, commissions and other agencies in the Executive
Department of the State Government which derive their support from public
money in whole or in part, whether the money is provided by the State of
Nevada, received from the Federal Government or any branch, bureau or
agency thereof, or derived from private or other sources. The term does
not include the Nevada Rural Housing Authority, local governments as
defined in NRS 354.474 , conservation districts, irrigation districts and the Nevada
System of Higher Education.
11. “Volunteer fire department” means a volunteer fire department
which pays premiums for industrial insurance pursuant to the provisions
of chapters 616A to 616D , inclusive, or chapter 617 of NRS.
[2:333:1951]—(NRS A 1963, 48, 489, 1284; 1967, 202; 1969, 1429;
1973, 1465; 1975, 248; 1993, 390, 1564, 2267, 2877; 1995, 366, 728, 815,
1733, 2044, 2060; 1997, 547; 1999, 234 , 1024 , 1817 ; 2001, 2122 ; 2003, 547 , 2194 ; 2005, 668 , 669 , effective July 1, 2009)
ADMINISTRATION
The Purchasing Division
shall administer the provisions of this chapter, subject to
administrative supervision of the Director.
[3:333:1951]—(NRS A 1963, 1051)
The
Chief shall have:
1. A working knowledge of purchasing methods and procedures,
including the techniques of specification writing.
2. The ability to obtain and interpret market prices and trends,
and to apply such interpretations to procurement problems.
3. A minimum of 12 years of practical experience in purchasing,
merchandising, stock control and methods of inventory management.
[6:333:1951]—(NRS A 1963, 1051)
1. The Chief shall have such technical and clerical assistance as
the execution of his duties requires.
2. Technical assistants shall have a minimum of 6 years of
practical experience in purchasing, merchandising, stock control and
methods of inventory management.
[Part 7:333:1951]—(NRS A 1963, 1051)
Suitable office space
shall be furnished to the Purchasing Division for the performance of the
duties provided in this chapter.
[Part 7:333:1951]—(NRS A 1963, 1051)
1. The State Purchasing Fund, in the sum of $1,250,000 is hereby
created as an internal service fund for the use of the Chief in
purchasing supplies, materials and equipment and services.
2. Except as otherwise provided in subsection 3, the Chief may
withdraw from the State Purchasing Fund an amount not to exceed $150,000
per year and is hereby authorized to expend that amount to pay the cost
to the Purchasing Division of providing methods for purchasing or leasing
pursuant to this chapter by the use of forms in electronic format through
a computer system or network or through the Internet, or its successor,
if any.
3. The Chief shall not withdraw money pursuant to subsection 2 if
the withdrawal would reduce the balance of the State Purchasing Fund
below $500,000.
4. If the Chief makes a withdrawal pursuant to subsection 2, the
maximum balance of the State Purchasing Fund is permanently reduced by
the amount of the withdrawal.
[45:333:1951; A 1953, 585; 1955, 838]—(NRS A 1957, 345; 1960, 53;
1963, 1051; 1965, 1021; 1967, 155; 1973, 332; 1975, 225; 1977, 43; 1981,
348; 1983, 388; 1991, 1746; 1999, 1025 ; 2001, 1457 )
1. Commencing July 1, 1975, and continuing until the cost of
acquisition in the amount of $165,000 for the purchasing warehouse
building and site in Las Vegas, Nevada, has been repaid, the Purchasing
Division shall pay annually to the State Treasurer for deposit in the
State Treasury to the credit of the State General Fund 2 percent of the
acquisition cost of the building and site.
2. Commencing July 1, 1979, and continuing until the cost of
acquisition in the amount of $45,000 for the purchase of land and related
costs, adjacent to the purchasing warehouse building in Las Vegas,
Nevada, has been repaid, the Purchasing Division shall pay annually to
the State Treasurer for deposit in the State Treasury to the credit of
the State General Fund 2 percent of the acquisition cost of the site.
(Added to NRS by 1967, 840; A 1971, 456; 1975, 181; 1979, 241;
1995, 346)
1. The Donated Commodities Account is hereby created in the State
General Fund for the use of the Chief in acquiring commodities donated by
the Federal Government and its agencies and to purchase and distribute
nutritious food in accordance with NRS 333.225 .
2. Except as otherwise provided in NRS 333.195 , if a tax-supported or nonprofit school or
other health or educational institution receives a donated commodity
secured through the Purchasing Division, the Chief shall charge the
school or institution a fee in an amount sufficient to repay part or all
of the cost of transportation and other costs incurred in acquiring the
commodity.
3. All money received by the Chief pursuant to this section must
be deposited in the State Treasury for credit to the Donated Commodities
Account. The interest and income earned on the money in the Account must
be credited to the Account.
4. Costs of freight, storage, handling charges and other
administrative expenses, including compensation of Purchasing Division
personnel, incidental to the acquisition of the donated commodities and
the administration of the Supplemental Food Program may be paid from the
Donated Commodities Account.
(Added to NRS by 1969, 737; A 1979, 105; 1991, 1766; 1995, 367,
2223; 1999, 1643 )
Whenever claims payable and properly approved exceed
the amount of the cash in the State Purchasing Fund, the State Controller
may transfer temporarily from the State General Fund to the State
Purchasing Fund such amount as may be required to pay the claims, but not
to exceed the lesser of:
1. The amount receivable from using agencies and political
subdivisions as certified by the Purchasing Division;
2. The maximum balance of the State Purchasing Fund, if reduced
pursuant to subsection 4 of NRS 333.120 ; or
3. Eight hundred and fifty thousand dollars.
(Added to NRS by 1965, 1022; A 1979, 1794; 1981, 348; 1987, 316;
2001, 1457 )
GENERAL POWERS AND DUTIES OF CHIEF OF PURCHASING DIVISION
The Chief, as executive head of the
Purchasing Division:
1. Shall direct and supervise all its administrative and technical
activities.
2. May adopt regulations necessary for the administration of this
chapter.
[Part 7:333:1951]—(NRS A 1963, 1052; 1991, 620)
The Chief shall adopt regulations establishing procedures for
awarding contracts pursuant to this chapter. The regulations must
include, without limitation, provisions that set forth requirements
relating to:
1. The establishment and membership of committees to evaluate
proposals;
2. Notices that must be given to persons who submit proposals
before and after a contract is awarded;
3. The confidentiality of information submitted in proposals and
any communication between a person who submits a proposal and the chief
of a using agency, the Chief of the Purchasing Division or a member of a
committee to evaluate proposals;
4. The submission of revised proposals; and
5. The awarding of contracts on a contingency basis.
(Added to NRS by 1999, 1024 )
The Chief, in all his
purchasing and property control activities, shall pursue a policy of
securing the best value for supplies, materials, equipment and services.
[10:333:1951]—(NRS A 1963, 1052; 2003, 548 )
The Chief shall:
1. Purchase or contract for all supplies, materials and equipment;
and
2. Contract for the rental or lease of equipment,
Ê needed by any using agency, unless otherwise provided by law.
[11:333:1951]—(NRS A 1963, 1052; 1981, 367)
The Chief shall adopt regulations which set forth
standards to be used by using agencies when purchasing new equipment in
order to determine:
1. Whether the equipment can be leased or rented at a cost that is
equal to or less than the cost of purchasing the equipment; and
2. If a service is required to maintain the equipment, whether the
service would be performed more efficiently by the agency or a private
contractor.
(Added to NRS by 1993, 925)
The
Chief may decide whether and to what extent the needs of any using agency
may be supplied:
1. From stores of commodities on hand;
2. By transfer of surplus items or stocks from other using
agencies;
3. By deliveries under contracts;
4. By open market purchases through the Chief; or
5. Directly by the using agencies;
Ê but he shall have thorough discussions on such matters with authorized
representatives of each using agency.
[12:333:1951]—(NRS A 1963, 1052; 1981, 1188)
1. The Chief may designate the method of obtaining a contract,
including:
(a) An invitation to bid;
(b) A request for proposals;
(c) A request for a quotation; or
(d) Any other accepted method of purchasing that complies with the
provisions of this chapter.
2. The Chief shall adopt regulations governing the methods of
obtaining a contract.
(Added to NRS by 1991, 619; A 1999, 1025 )
1. Except as otherwise provided by specific statute, the Chief
shall contract for services whose estimated value is $100,000 or more,
and may authorize a using agency to contract for such services if he
determines that to do so would be in the best interests of the State.
2. A using agency may contract for services if the estimated value
of the services is less than $100,000. The Chief may, upon the request of
a using agency, contract for such services on behalf of the agency if he
determines that to do so would be in the best interests of the State.
3. The Chief shall, upon the request of a using agency, provide
assistance to the using agency for any contract for services whose
estimated value is less than $100,000.
4. For the purposes of this section, a contract for goods and
services whose estimated value:
(a) Is $100,000 or more, shall be deemed a contract for services; or
(b) Is less than $100,000, shall be deemed a contract for goods
with respect to that part of the contract that represents goods. Those
goods must be procured in a manner authorized by the Chief.
(Added to NRS by 1987, 150; A 1999, 1025 )
The
Chief may exempt from the provisions of this chapter purchases made by
the Department of Corrections, with money from the Offenders’ Store Fund,
for the provision and maintenance of canteens for offenders.
(Added to NRS by 1987, 773; A 2001 Special Session, 236 )
The Chief shall
collect, classify and maintain accurate information concerning:
1. The sources, grades, qualities and costs of the various kinds
of supplies, materials and equipment required by the State; and
2. The names and addresses of the persons from whom commodities of
the various classes are available.
[31:333:1951]—(NRS A 1963, 1052; 1991, 620; 1997, 470)
1. The Chief shall provide for inspection of all commodities
purchased.
2. If, before final acceptance, any equipment, material, supply or
service is found to be defective or not as specified, the Chief may:
(a) Reject it and require the seller to correct the defect without
charge; or
(b) Require delivery of the equipment, material, supply or service
at a reduction in cost.
3. A receiving report must be submitted by a using agency to
certify the receipt of commodities and must show the quantity and quality
delivered. A claim for payment for commodities must not be passed for
payment without certification.
[32:333:1951]—(NRS A 1963, 1053; 1991, 620)
1. The Chief may donate commodities, supplies, materials and
equipment that he determines have reached the end of their useful lives
to any organization described in NRS 372.3261 .
2. If the Chief donates such commodities to a tax-supported or
nonprofit school or other health or educational institution pursuant to
subsection 1, the provisions of subsection 2 of NRS 333.124 do not apply.
(Added to NRS by 1999, 1643 )
1. The Chief shall cause to be maintained perpetual inventory
records of all supplies and materials stored centrally.
2. The Chief shall:
(a) Control the stocks of supplies and materials on hand, the
storing and issuance of supplies and materials, and the distributing of
the costs of supplies and materials used.
(b) Produce information, as and when required, respecting
quantities on hand, quantities purchased over a specified period,
quantities used over a specified period by each using agency, quantities
supplied by vendors specified for specified periods, unit prices, average
prices and experience with the vendors supplying the different classes of
supplies.
(c) Price supplies and materials when purchased and when charged
out of stock as used.
(d) Transfer surplus supplies and materials to points where they
can be used advantageously.
(e) Direct and make test checks of physical inventories.
(f) Supervise the taking of annual inventories.
(g) Instruct storekeepers in the prescribed procedures for
controlling stored materials.
3. The stores records must be so maintained as to show:
(a) The quantity of each commodity on hand.
(b) The average unit cost, including transportation charges.
(c) The total cost of the supply on hand.
(d) The minimum quantity that should be kept in stock.
(e) The maximum quantity that should be kept in stock at any one
time.
[34:333:1951]—(NRS A 1963, 1053; 1967, 63; 1969, 1429; 1973, 1466;
1979, 1795; 1985, 465; 1993, 391, 1565; 1995, 579; 1997, 19, 471)
1. Supplies, materials and equipment purchased for the various
using agencies shall be reduced to the practicable minimum of types,
styles and sizes. The Chief shall be responsible for developing and
executing a progressive program of establishing standards. The Chief may
call upon any department or officer having technical facilities
available, for assistance in the formulation of such standards.
2. Standard specifications shall be developed and adopted after
consultation with the heads of the various using agencies, who shall
assist in formulating such specifications. Such specifications shall be
sufficiently complete and precise:
(a) To insure that all vendors bid on the same basis.
(b) To make effective testing and inspection possible.
(c) To attract the maximum competition practicable with due
consideration of suitability of products.
(d) To describe the methods of testing or inspection.
Ê A specification file containing all approved specifications shall be
maintained by the Chief.
[35:333:1951]—(NRS A 1963, 1054; 1979, 175)
1. The Chief shall:
(a) Provide for classification of the personal property of the
State in the possession of the using agencies.
(b) Establish a process for identification of all such property.
(c) Maintain records of that property.
(d) Except as otherwise provided in this paragraph, determine which
items of that property must be listed by each using agency pursuant to
subsection 4. Any item which had an original cost of not less than the
amount established by regulation of the State Board of Examiners and
which has a useful life of more than 2 years must be included on the list.
2. Each using agency shall submit to the Purchasing Division a
list on or before the last day of each month of all personal property for
which it is responsible which was lost, stolen, exchanged or deemed
excess. The list must include all forfeited personal property which was
received by the using agency and all personal property which was donated
to the using agency within the previous month. The list must be prepared
by the officer entrusted with custody of the property and be approved by
the officer’s supervisor or the head of his department or agency. A
monthly physical count is not required for the preparation of the list.
3. The Chief may transfer any personal property or forfeited
personal property in the possession of a using agency to another
governmental agency within the State or to an entity that is eligible to
acquire federal donable surplus property, if that property is not
necessary for the use of the using agency.
4. The records of personal property of the State must be
maintained at all times to show the officers entrusted with the custody
thereof and transfers of that property between those officers. Each using
agency shall conduct an annual physical count of all personal property
charged to it and reconcile the results of the annual physical count with
the records of inventory maintained by the Chief. The Chief shall
maintain the current records of inventory for each state agency.
5. The Chief shall adopt regulations which:
(a) Prescribe the procedure by which personal property may be
condemned and disposed of, if of no further use to the State.
(b) Provide that condemned property which the Chief has not
transferred to another governmental agency or entity that is eligible to
acquire federal donable surplus property and which has an appraised value
over $1,000 may be sold at a public auction. At least once within 15 days
before the auction, the Chief shall publish or cause to be published in a
newspaper circulated in the area in which the sale is made a notice of
the auction and a description of the property to be sold.
6. For the purposes of sale, the Chief or his designated agent
shall determine the value of personal property which is of no further use
to the State. The Chief may request the assistance of any department or
officer having technical expertise regarding any such property to
determine the value of the property.
7. The Chief may elect to refurbish, in whole or in part, personal
property which is of no further use to the State if the Chief determines
that refurbishment will increase the value of the property in an amount
that exceeds the cost of the refurbishment. The Purchasing Division is
entitled to reimbursement for the cost of refurbishment from the proceeds
of the sale of the property.
[36:333:1951]—(NRS A 1963, 1054; 1967, 63; 1969, 252; 1971, 1205;
1979, 175; 1981, 367; 1983, 267; 1987, 101; 1989, 2143; 1991, 620; 1993,
1565; 1997, 1272; 2001, 689 )
1. In conjunction with his duty to purchase or otherwise acquire
commodities for using agencies, the Chief shall establish a Supplemental
Food Program to supplement the supply of food and the services provided
by programs which provide food to indigent persons, such as food banks,
emergency food pantries, soup kitchens and homeless shelters.
2. The Chief may solicit and accept gifts and grants for the
Program. Upon receipt of such gifts and grants, the amount received must
be deposited in the Donated Commodities Account. Gifts and grants
deposited in the Account must be used in the same manner as other money
in the Account.
3. In carrying out the Program, the Chief shall purchase and
distribute nutritious food to persons in this state who cannot afford to
purchase such food. Except as otherwise provided in subsection 2 of NRS
333.124 , the money in the Account must
be used in the following proportions:
(a) Not less than 95 percent must be used to purchase and
distribute nutritious foods which are infrequently donated or which will
supplement the food which is donated, including, but not limited to,
peanut butter, tuna fish, fruit, vegetables, dry milk and stew; and
(b) Any remainder may be used to provide educational information
regarding nutrition and the purchase and preparation of food.
(Added to NRS by 1995, 2222)
The Chief may maintain and
operate central supply services at any center, including a central
warehouse or storeroom service.
[37:333:1951]—(NRS A 1963, 1055)
PROCEDURES FOR STATE PURCHASING
1. The Chief shall classify for purchasing purposes all
commodities for which there is sufficient demand to justify periodic
purchasing in anticipation of needs. Commodities of the same nature,
ordinarily secured from the same sources of supply and which can
advantageously be scheduled for purchase at the same time of year,
according to favorable market conditions, shall be included in the same
class.
2. The rules shall provide, so far as practicable, for the
scheduling of purchases, by commodity classes, so as to distribute the
volume of purchasing work as evenly as may be over the entire year and so
as best to meet the requirements of the several spending agencies of the
State, while taking advantage of favorable market conditions and avoiding
unnecessary tying up of funds.
3. Copies of schedules of purchases to be made shall be supplied
to the several using agencies and to interested vendors.
[14:333:1951]—(NRS A 1963, 1055)
1. The Chief shall determine the requirements of supplies and
materials of the using agencies according to records of past experience,
and according to estimates of anticipated requirements furnished by the
various using agencies. The Chief shall set up and maintain current
cumulative purchase records of all materials and supplies purchased for
the using agencies.
2. Prior to the scheduled date for purchasing any class of
commodities, the Chief shall make estimates of requirements among all the
using agencies using the commodities included in that class. The Chief
may make the estimates by summarizing the requisitions of materials and
supplies submitted by the using agencies.
3. Using agencies requiring information such as prices,
specifications, and the procurement of any supplies, materials and
equipment for present or future needs shall obtain this information
through the Chief.
[15:333:1951]—(NRS A 1963, 1055; 1969, 641)
Upon receipt of the
estimates of requirements from the using agencies, the Chief shall cause
them to be summarized by classes for all agencies. He shall then, with
the consideration of the quantity of each commodity in stock, market
conditions and probable future market conditions, determine or cause to
be determined the quantity of each commodity to be purchased.
[16:333:1951]—(NRS A 1963, 1056)
1. Except as otherwise provided in this subsection, the Chief may
enter into a contract using a standard form of contract, by advertising
in accordance with the provisions of NRS 333.310 , for the furnishing of supplies, materials and
equipment for not more than 2 years. If an extended contractual period is
necessary to promote the use of a manufacturing process which emphasizes
the efficient use of energy or to promote the manufacture of products
which use recycled materials, the Chief may enter into such a contract
for not more than 3 years.
2. The original terms of a contract may be extended annually
thereafter if the conditions for extension are specified in the original
solicitation, and the Chief determines that an extension is in the best
interest of the State.
[17:333:1951]—(NRS A 1963, 1056; 1969, 1058; 1985, 44; 1991, 622;
1993, 80; 1995, 367)
1. Every advertisement for bids covering any class of materials or
supplies that any charitable, reformatory or penal institution of the
State is prepared to supply, in whole or in part, through the labor of
inmates, shall carry a statement that the Chief reserves the right to
secure such materials or supplies from any such institution or
institutions, to the extent that they can be secured of equal quality and
at prices not higher than those of the lowest acceptable bid received in
response to such advertisement.
2. All institutions’ products meeting these conditions shall be
utilized to the extent available, before orders are placed under
contracts or otherwise.
[18:333:1951]—(NRS A 1963, 1056)
1. Except as otherwise provided in NRS 333.375 , the Chief shall give reasonable notice, by
advertising and by written notice provided to persons in a position to
furnish the classes of commodities involved, as shown by its records, of
all proposed purchases of supplies, materials and equipment to be
purchased in accordance with a schedule prepared in conformity with the
provisions of NRS 333.250 .
2. All such materials, supplies and equipment, except as otherwise
provided in this section, if the estimated cost thereof exceeds $25,000,
must be purchased by formal contract from the lowest responsible bidder
after notice inviting the submission of sealed proposals to the Chief of
the Purchasing Division at the date, hour and location set forth in the
proposal, and at that date, hour and location the proposals must be
publicly opened. The Purchasing Division may reject any or all proposals,
or may accept the proposal determined best for the interest of the State.
The notice must be published as prescribed in NRS 333.310 .
3. In case of emergencies caused by acts of God or the national
defense or other unforeseeable circumstances, the provisions for
advertisements on competitive bids may be waived by the Chief, but every
effort must be made to secure the maximum competitive bidding under the
circumstances. In no case may contracts be awarded until every possible
effort has been made to secure at least three bona fide competitive bids.
4. In awarding contracts for the purchase of supplies, materials
and equipment, if two or more lowest bids are identical, the Chief shall:
(a) If the lowest bids are by bidders resident in the State of
Nevada, accept the proposal which, in his discretion, is in the best
interests of this State.
(b) If the lowest bids are by bidders resident outside the State of
Nevada:
(1) Accept the proposal of the bidder who will furnish goods
or commodities produced or manufactured in this State; or
(2) Accept the proposal of the bidder who will furnish goods
or commodities supplied by a dealer resident in the State of Nevada.
[19:333:1951]—(NRS A 1959, 517; 1963, 1056; 1967, 1112; 1975, 11,
513; 1979, 71; 1987, 102, 1641; 1995, 367; 1997, 485; 2001, 690 )
1. An advertisement must contain a general description of the
classes of commodities or services for which a bid or proposal is wanted
and must state:
(a) The name and location of the department, agency, local
government, district or institution for which the purchase is to be made.
(b) Where and how specifications and quotation forms may be
obtained.
(c) If the advertisement is for bids, whether the Chief is
authorized by the using agency to be supplied to consider a bid for an
article that is an alternative to the article listed in the original
request for bids if:
(1) The specifications of the alternative article meet or
exceed the specifications of the article listed in the original request
for bids;
(2) The purchase of the alternative article results in a
lower price; and
(3) The Chief deems the purchase of the alternative article
to be in the best interests of the State of Nevada.
(d) A summary of the provisions of NRS 333.336 .
(e) The date and time not later than which responses must be
received by the Purchasing Division.
(f) The date and time when responses will be opened.
Ê The Chief or his designated agent shall approve the copy for the
advertisement.
2. Each advertisement must be published in at least one newspaper
of general circulation in the State. The selection of the newspaper to
carry the advertisement must be made in the manner provided by this
chapter for other purchases, on the basis of the lowest price to be
secured in relation to the paid circulation.
[20:333:1951; A 1955, 15]—(NRS A 1963, 506, 1281; 1967, 202; 1969,
1430; 1975, 248; 1981, 1188; 1991, 622; 1997, 1562; 2003, 1615 )
Each request for proposals must include minimum requirements
that the successful bidder must meet for the awarding of a contract
pursuant to the provisions of this chapter. A contract may not be awarded
to a bidder who does not comply with the requirements set forth in the
request for proposals.
(Added to NRS by 2001, 666 )
1. The Chief may use on-line bidding to receive proposals or bids
in response to a request for proposals or invitation to bid.
2. A request for proposals or invitation to bid for which
proposals or bids may be submitted pursuant to subsection 1 must
designate a date and time at which proposals or bids may be submitted and
may designate a date and time after which proposals or bids will no
longer be received.
3. The Chief may require bidders to:
(a) Register before the date and time at which proposals or bids
may be submitted; and
(b) Agree to terms, conditions or requirements of the request for
proposals or invitation to bid to facilitate on-line bidding.
4. The procedures established by the Chief for the purposes of
conducting on-line bidding must not conflict with the provisions of this
chapter.
5. As used in this section, “on-line bidding” means a process by
which bidders submit proposals or bids for a contract on a secure website
on the Internet or its successor, if any, which is established and
maintained for that purpose.
(Added to NRS by 2001, 1320 )
If a contract for the provision of a service furnished by a
using agency is awarded through the process of competitive bidding, the
bid or proposal of a using agency or the cost of furnishing the service
through a using agency must be determined by including all costs related
to the contract, including a reasonable estimate of any costs of a using
agency for monitoring or reviewing a contract with a private contractor.
(Added to NRS by 1993, 875)
The specification for bids for the supplying
of any commodity in quantity, to meet the combined requirements or
estimated requirements of the institutions of the State, shall show the
quantity thereof required or estimated to be required for each
institution and shall stipulate that bids will be accepted for the whole
quantity and for the quantity for each institution. Bids may be made on
any item or items or quantity or quantities of any item or items.
[21:333:1951]
1. All bids on more than one item on which bids are called for by
the same notice must be itemized and give a price for each item.
2. All bids must:
(a) Except as otherwise provided in NRS 333.313 , be in writing and signed.
(b) Be sealed or, if the bid is submitted electronically, secured
by an electronic equivalent of a seal, as approved by the Purchasing
Division.
(c) Be opened and read publicly by the Chief or his designated
agent as they are opened.
[22:333:1951]—(NRS A 1963, 1057; 1997, 486; 2001, 1320 )
1. Except as otherwise provided in subsection 2, proprietary
information regarding a trade secret does not constitute public
information and is confidential.
2. A person shall not disclose proprietary information regarding a
trade secret unless the disclosure is made for the purpose of a civil,
administrative or criminal investigation or proceeding, and the person
receiving the information represents in writing that protections exist
under applicable law to preserve the integrity, confidentiality and
security of the information.
(Added to NRS by 1995, 1732)
1. Each proposal must be evaluated by:
(a) The chief of the using agency, or a committee appointed by the
chief of the using agency in accordance with the regulations adopted
pursuant to NRS 333.135 , if the
proposal is for a using agency; or
(b) The Chief of the Purchasing Division, or a committee appointed
by the Chief in accordance with the regulations adopted pursuant to NRS
333.135 , if he is responsible for
administering the proposal.
2. A committee appointed pursuant to subsection 1 must consist of
not less than two members. A majority of the members of the committee
must be state officers or employees. The committee may include persons
who are not state officers or employees and possess expert knowledge or
special expertise that the chief of the using agency or the Chief of the
Purchasing Division determines is necessary to evaluate a proposal. The
members of the committee are not entitled to compensation for their
service on the committee, except that members of the committee who are
state officers or employees are entitled to receive their salaries as
state officers and employees. No member of the committee may have a
financial interest in a proposal.
3. In making an award, the chief of the using agency, the Chief of
the Purchasing Division or each member of the committee, if a committee
is established, shall consider and assign a score for each of the
following factors for determining whether the proposal is in the best
interests of the State of Nevada:
(a) The experience and financial stability of the person submitting
the proposal;
(b) Whether the proposal complies with the requirements of the
request for proposals as prescribed in NRS 333.311 ;
(c) The price of the proposal, including the imposition of an
inverse preference described in NRS 333.336 , if applicable; and
(d) Any other factor disclosed in the request for proposals.
4. The chief of the using agency, the Chief of the Purchasing
Division or the committee, if a committee is established, shall determine
the relative weight of each factor set forth in subsection 3 before a
request for proposals is advertised. The weight of each factor must not
be disclosed before the date proposals are required to be submitted.
5. The chief of the using agency, the Chief of the Purchasing
Division or the committee, if a committee is established, shall award the
contract based on the best interests of the State, as determined by the
total scores assigned pursuant to subsection 3, and is not required to
accept the lowest-priced proposal.
6. Each proposal evaluated pursuant to the provisions of this
section is confidential and may not be disclosed until the contract is
awarded.
(Added to NRS by 1991, 619; A 1999, 1026 ; 2001, 666 ; 2003, 1616 )
For the purpose of awarding a contract pursuant
to this chapter, if a person who submits a bid or proposal:
1. Is a resident of a state other than the State of Nevada; and
2. That other state, with respect to contracts awarded by that
other state or agencies of that other state, applies to bidders or
contractors who are residents of that state a preference which is not
afforded to bidders or contractors who are residents of the State of
Nevada,
Ê the person or entity responsible for awarding the contract pursuant to
this chapter shall, insofar as is practicable, increase the person’s bid
or proposal by an amount that is substantially equivalent to the
preference that the other state of which the person is a resident denies
to bidders or contractors who are residents of the State of Nevada.
(Added to NRS by 2003, 1615 )
Each person who is authorized
pursuant to the provisions of this chapter to enter into any contract on
behalf of this state shall ensure that the contract is reduced to writing
and signed by each party to the contract.
(Added to NRS by 1999, 42 )
1. Every contract or order for goods must be awarded to the lowest
responsible bidder. To determine the lowest responsible bidder, the Chief:
(a) Shall consider, if applicable, the imposition of the inverse
preference described in NRS 333.336 .
(b) May consider:
(1) The location of the using agency to be supplied.
(2) The qualities of the articles to be supplied.
(3) The total cost of ownership of the articles to be
supplied.
(4) Except as otherwise provided in subparagraph (5), the
conformity of the articles to be supplied with the specifications.
(5) If the articles are an alternative to the articles
listed in the original request for bids, whether the advertisement for
bids included a statement that bids for an alternative article will be
considered if:
(I) The specifications of the alternative article meet
or exceed the specifications of the article listed in the original
request for bids;
(II) The purchase of the alternative article results
in a lower price; and
(III) The Chief deems the purchase of the alternative
article to be in the best interests of the State of Nevada.
(6) The purposes for which the articles to be supplied are
required.
(7) The dates of delivery of the articles to be supplied.
2. If a contract or an order is not awarded to the lowest bidder,
the Chief shall provide the lowest bidder with a written statement which
sets forth the specific reasons that the contract or order was not
awarded to him.
3. As used in this section, “total cost of ownership” includes,
but is not limited to:
(a) The history of maintenance or repair of the articles;
(b) The cost of routine maintenance and repair of the articles;
(c) Any warranties provided in connection with the articles;
(d) The cost of replacement parts for the articles; and
(e) The value of the articles as used articles when given in trade
on a subsequent purchase.
[23:333:1951]—(NRS A 1997, 486, 1562; 1999, 464 , 465 , 1027 ; 2003, 1616 )
1. A contract may be awarded for separate items or portions or
groups of items, or for separate portions or groups of portions of a
project, as the best interest of the State requires.
2. If, in the judgment of the Chief, no satisfactory:
(a) Bid has been received, he may reject all bids and shall
promptly advertise for new bids as provided in this chapter. Until a
satisfactory contract is awarded, he may make as many open market
purchases of the commodities involved as are urgently needed to meet the
requirements.
(b) Proposal has been received, he may reject all proposals and may
advertise for new proposals as provided in this chapter.
3. The Chief may allow a person to withdraw his bid or proposal
without penalty if:
(a) The Chief believes that an obvious error has been made by the
person which would cause him financial hardship; and
(b) The contract has not yet been awarded.
4. Each bid or proposal and the name of the person making the bid
or proposal must be entered on a record. The record, with the name of the
successful bidder or proposer indicated thereon, must, after the award of
the contract, be open to public inspection.
[24:333:1951]—(NRS A 1963, 1057; 1985, 44; 1991, 622)
1. The Chief may request that a certified check, cashier’s check
or bond, in an amount not to exceed 5 percent of the total value of the
bid or proposal, accompany a bid or proposal, if the request applies to
each person who submits a bid or proposal.
2. No division or department of the State is liable for any
expense incurred by or loss of income sustained by any person because of
a request made pursuant to subsection 1.
(Added to NRS by 1991, 619)
1. A bond furnished by a surety company authorized to do business
in this state may be required by the Chief for the proper performance of
the contract. The Chief may request a certified check, cashier’s check or
bond, in an amount not to exceed the total amount of the contract, before
entering into a contract with a person who submits a successful bid or
proposal.
2. No division or department of the State is liable for any
expense incurred by or loss of income sustained by any person because of
a request made pursuant to subsection 1.
[25:333:1951]—(NRS A 1963, 1058; 1991, 623)
1. A person who has entered into a contract with the Purchasing
Division or another agency of this state and who does not perform
according to the terms of the contract is liable for, in addition to any
other applicable damages for breach of contract, a penalty of not more
than 5 percent of the total value of the bid or contract. The penalty
must be recovered in a civil action upon the complaint of the Chief in
any court of competent jurisdiction. In addition to recovering the
penalty and any other applicable damages, the Chief may refuse to accept
a bid from the person or refuse to award a contract to the person, or
both, for not more than 2 years.
2. If the Chief does not bring an action to recover the penalty
prescribed by subsection 1, he may:
(a) Refuse to accept a bid from the person, refuse to award a
contract to the person, or both, for not more than 2 years; and
(b) Impose an administrative penalty, in an amount not to exceed 5
percent of the total value of the bid or contract. Such a penalty may be
recovered only after notice is given to the person by mail.
3. A penalty imposed pursuant to subsection 1 or 2 may be deducted
from any payment due the person or, if a bond has been issued or a check
received, a claim may be made against the bond or check. If no payment is
due and no bond was issued or check received, the Chief may issue a claim
for payment of the penalty. The claim must be paid within 30 days.
(Added to NRS by 1991, 619; A 1997, 487; 2003, 870 )
1. A person who makes an unsuccessful bid or proposal may file a
notice of appeal with the Purchasing Division and with the Hearings
Division of the Department of Administration within 10 days after:
(a) The date of award as entered on the bid record; and
(b) The notice of award has been posted in at least three public
buildings, including the location of the using agency.
Ê The notice of appeal must include a written statement of the issues to
be addressed on appeal.
2. A person filing a notice of appeal must post a bond with good
and solvent surety authorized to do business in this state or submit
other security, in a form approved by the Chief by regulation, to the
Purchasing Division, who shall hold the bond or other security until a
determination is made on the appeal. Except as otherwise provided in
subsection 3, a bond posted or other security submitted with a notice of
appeal must be in an amount equal to 25 percent of the total value of the
successful bid submitted.
3. If the total value of the successful bid cannot be determined
because the total requirements for the contract are estimated as of the
date of award, a bond posted or other security submitted with a notice of
appeal must be in an amount equal to 25 percent of the estimated total
value of the contract. Upon request, the Chief shall provide:
(a) The estimated total value of the contract; or
(b) The method for determining the estimated total value of the
contract,
Ê based on records of past experience and estimates of anticipated
requirements furnished by the using agency.
4. Within 20 days after receipt of the notice of appeal, a hearing
officer of the Hearings Division of the Department of Administration
shall hold a contested hearing on the appeal in substantial compliance
with the provisions of NRS 233B.121
to 233B.1235 , inclusive, 233B.125
and 233B.126 . The successful bidder must be given notice
of the hearing in the same manner as the person who filed the notice of
appeal. The successful bidder may participate in the hearing.
5. The hearing officer may cancel the award for lack of compliance
with the provisions of this chapter. A cancellation of the award requires
readvertising for bids and a new award in accordance with the provisions
of this chapter.
6. A notice of appeal filed in accordance with the provisions of
this section operates as a stay of action in relation to any contract
until a determination is made by the hearing officer on the appeal.
7. A person who makes an unsuccessful bid or proposal may not seek
any type of judicial intervention until the hearing officer has made a
determination on the appeal.
8. The Chief may make as many open market purchases of the
commodities or services as are urgently needed to meet the requirements
of the Purchasing Division or the using agency until a determination is
made on the appeal. With the approval of the Chief, the using agency may
make such purchases for the agency.
9. Neither the State of Nevada, nor any agency, contractor,
department, division, employee or officer of the State is liable for any
costs, expenses, attorney’s fees, loss of income or other damages
sustained by a person who makes an unsuccessful bid or proposal, whether
or not the person files a notice of appeal pursuant to this section.
10. If the appeal is upheld and the award is cancelled, the bond
posted or other security submitted with the notice of appeal must be
returned to the person who posted the bond or submitted the security. If
the appeal is rejected and the award is upheld, a claim may be made
against the bond or other security by the Purchasing Division and the
using agency to the Hearings Division of the Department of Administration
in an amount equal to the expenses incurred and other monetary losses
suffered by the Purchasing Division and the using agency because of the
unsuccessful appeal. The hearing officer shall hold a hearing on the
claim in the same manner as prescribed in subsection 4. Any money not
awarded by the hearing officer must be returned to the person who posted
the bond or submitted the security.
[26:333:1951]—(NRS A 1963, 1058; 1971, 14; 1985, 45; 1991, 623;
1995, 378; 1997, 487)
The Chief shall adopt regulations
specifying the forms of security which may be submitted with a notice of
appeal filed pursuant of NRS 333.370 .
(Added to NRS by 1995, 378)
1. The provisions of NRS 331.100
notwithstanding, the Purchasing Division may award without accepting
competitive bids a contract for services or the purchase of commodities
to organizations or agencies whose primary purpose is the training and
employment of persons with a mental or physical disability, including,
without limitation, a community-based training center for the care and
training of mentally and functionally retarded persons described in
chapter 435 of NRS.
2. An organization or agency that wishes to submit a bid for such
a contract must establish a fair-market price for those services or
commodities by conducting a market survey and must include the survey
with the bid submitted to the Purchasing Division.
(Added to NRS by 1987, 1641; A 2001, 1536 )
Rules of the Chief must provide the procedure for:
1. The purchase of commodities not scheduled under this chapter.
2. Emergency purchases, defining emergencies and stating the
conditions under which emergency purchases may be made, by an agency not
specifically authorized by statute to establish its own procedure for
emergency purchases.
3. Purchases made with money from the State Purchasing Fund.
[27:333:1951]—(NRS A 1963, 1058; 1983, 388; 1987, 1021)
1. Except as otherwise provided in NRS 333.435 , the Chief may authorize local purchasing by
using agencies, in accordance with the rules of procedure, of individual
orders for items not scheduled for quantity purchasing, not to exceed
$5,000 for each order, except for the repair, replacement and
installation of parts for heavy equipment, not to exceed $15,000 for each
order, at no higher prices than specified in the orders authorizing the
local purchasing. The Chief may authorize purchasing at higher prices if
perishable articles are involved and to meet other emergency requirements.
2. The prices of the local purchases must be based on
considerations of equal service and economy as compared with those in
furnishing the same items of equal quality through the regular purchasing
procedure.
3. Each authorization must:
(a) Be revocable.
(b) Specify the limit of spending for individual orders not to
exceed $5,000, except for the repair, replacement and installation of
parts referred to in subsection 1.
(c) Specify the articles to be purchased.
(d) Be operative for not longer than 1 year after the date of issue.
4. A using agency that receives an authorization shall keep a
record of:
(a) Its accounts and expenditures pursuant to that authority; and
(b) Evidence indicating that every effort has been made to secure
competitive bidding to the extent practicable.
[28:333:1951]—(NRS A 1963, 1058; 1965, 225; 1975, 72; 1979, 176;
1985, 45; 1987, 102; 1991, 623; 2003, 548 )
1. Nothing in this chapter prohibits the Chief or a using agency
from contracting for interstate or intrastate carriage of persons or
property with a certificated common or contract carrier at the rates set
forth in the officially approved tariff of such carrier.
2. Nothing in this section prohibits the Chief or a using agency
from soliciting informal rate quotations.
(Added to NRS by 1969, 1057)
1. Every effort shall be made to obtain quotations from three or
more vendors when commodities are to be purchased out of schedule, except
when standard equipment parts for which prices are established must be
obtained from the manufacturer of the equipment or his agent or when the
article needed is a patented or proprietary one and therefore obtainable
from only one source of supply.
2. Urgent requests for immediate purchasing shall be discouraged
as much as is practicable.
3. When supplies, materials and equipment urgently are required
and time does not permit the obtaining of written quotations, the Chief
may obtain quotations by telephone or otherwise, but such quotations
shall be confirmed in writing, and records of all quotations so obtained
shall be made on the relative purchase requisitions.
[29:333:1951]—(NRS A 1963, 1059)
So far as practicable, quotations shall be
secured from institutions of the State whenever commodities or services
are to be secured of kinds that they are prepared to supply through the
labor of inmates, and preference shall be given to the products of such
institutions, price, quality and time of delivery being considered.
[30:333:1951]
Every
person, firm or corporation making or causing to be made any delivery of
supplies, materials or equipment to any using agency of the State
pursuant to any contract or order, whether oral or written, and whether
made by the Chief or by any other officer or agency of the State,
promptly shall:
1. Transmit to the agency to which such delivery is made a
memorandum of shipment, showing the number of, or other identifying
reference to, the contract or order number under which the delivery is
made and containing a statement of the commodities shipped and the
quantities thereof.
2. Submit an invoice to the Chief on the form and in the number of
copies prescribed by the Chief or under his authority.
[33:333:1951]—(NRS A 1963, 1059)
Two or more departments may unite in
cooperative work along lines germane to the functions of such departments
and otherwise secure from each other supplies; and the heads thereof may
agree among themselves on the distribution of the expense to be incurred,
subject to the approval of the Chief or his designated agent.
[38:333:1951]—(NRS A 1963, 1059)
1. Except as otherwise provided in subsection 2, a using agency
shall purchase prescription drugs, pharmaceutical services, or medical
supplies and related services, or any combination thereof, only through
the Purchasing Division.
2. A using agency may, on its own behalf or in cooperation with
one or more other using agencies or other governmental entities within or
outside this State, purchase prescription drugs, pharmaceutical services,
or medical supplies and related services from an entity other than the
Purchasing Division if the using agency or using agencies or other
governmental entities, as applicable, can obtain the best value for
prescription drugs, pharmaceutical services, or medical supplies and
related services from the other entity and the Purchasing Division is
unable to match or exceed that best value in a timely manner.
3. If a using agency purchases prescription drugs, pharmaceutical
services, or medical supplies and related services from an entity other
than the Purchasing Division pursuant to subsection 2, the using agency
shall report to the Purchasing Division, within 10 days after the initial
purchase:
(a) The purchase price for the prescription drugs, pharmaceutical
services, or medical supplies and related services; and
(b) The name, address and telephone number of the entity that sold
the using agency the prescription drugs, pharmaceutical services, or
medical supplies and related services.
(Added to NRS by 2003, 547 ; A 2005, 670 )
1. All claims for supplies, materials, equipment and services
purchased pursuant to the provisions of this chapter must, when approved
by the Chief, be paid in the same manner as other claims against the
State are required to be paid.
2. The Chief shall annually assess each using agency a fee for the
procurement and inventory services provided by the Purchasing Division to
the using agency. The fee must be based on the using agency’s use of the
procurement and inventory services of the Purchasing Division during
preceding years. The Chief shall adjust the formula for calculating the
fee each biennium.
3. If an agency is not a using agency, the Chief shall assess a
fee of not more than the cost to the Division to process the order for
the agency.
4. The Chief may adopt regulations to carry out the provisions of
this section.
[44:333:1951; A 1953, 585]—(NRS A 1963, 1059; 1965, 1021; 1973,
628; 1983, 388; 1995, 368; 1999, 1415 ; 2003, 628 )
Within 5 working days after the receipt of supplies, materials and
equipment, each state officer, department, institution, board, commission
or agency shall authorize the State Controller to draw money by transfer
or warrant from the using agency’s account for payment of the claim.
[46:333:1951; A 1953, 585]—(NRS A 1963, 1060; 1965, 224, 1022;
1983, 388; 1991, 624; 1999, 1416 )
RECYCLED PRODUCTS
As used in this section and NRS
333.4606 and 333.4609 , unless the context otherwise requires:
1. “Postconsumer waste” means a finished material which would
normally be disposed of as a solid waste having completed its life cycle
as a consumer item.
2. “Recycled paper product” means all paper and wood-pulp products
containing in some combination at least 50 percent of its total weight:
(a) Postconsumer waste; and
(b) Secondary waste,
Ê but does not include fibrous waste generated during the manufacturing
process such as fibers recovered from wastewater or trimmings of paper
machine rolls, wood slabs, chips, sawdust or other wood residue from a
manufacturing process.
3. “Secondary waste” means fragments of products or finished
products of a manufacturing process, which has converted a virgin
resource into a commodity of real economic value.
(Added to NRS by 1991, 1674)
1. The Chief shall review and revise the specifications for
procuring goods and products for the using agencies to eliminate
discrimination against the procurement or purchase of recycled products
whenever the quality of a recycled product is reasonably equal to the
same product manufactured with virgin resources. Except for
specifications which have been established to preserve the public health
and safety, all specifications for procurement must be established in a
manner which results in the maximum procurement and purchase of recycled
products.
2. When purchasing goods and products for the using agencies, the
Chief shall give preference to recycled products if:
(a) The product meets the applicable standards;
(b) The product can be substituted for a comparable nonrecycled
product; and
(c) The product costs no more than a comparable nonrecycled product.
3. When purchasing goods and products for the using agencies, the
Chief may give preference to recycled products if:
(a) The product meets the applicable standards;
(b) The product can be substituted for a comparable nonrecycled
product; and
(c) The product costs no more than 5 percent more than a comparable
nonrecycled product.
4. To encourage the use of postconsumer waste, a bidder who
manufactures a product in Nevada that contains postconsumer waste shall
be deemed to be the lowest bidder if:
(a) At least 50 percent of the product, by weight, contains
postconsumer waste;
(b) The product complies with the applicable standards; and
(c) The amount of the bid is not more than 10 percent higher than
the bid of any other bidder.
5. A bidder whose product contains postconsumer waste shall
certify in writing:
(a) That the product contains postconsumer waste; and
(b) The percentage of postconsumer waste, by weight, that is
contained in the product.
(Added to NRS by 1991, 1674)
1. After consultation with the State Department of Conservation
and Natural Resources, the Chief shall adopt regulations governing the
bidding procedure and specifications for paper and paper products
purchased by the Purchasing Division that encourage the maximum purchase
of recycled paper products. The specifications must give preference to
recycled paper products manufactured with the highest percentage of
recycled material.
2. When purchasing any paper or paper products for use by a using
agency, the Chief shall purchase recycled paper products if the specific
recycled paper product is:
(a) Available at a price not more than that of paper products made
from virgin material;
(b) Of adequate quality; and
(c) Available to the purchaser within a reasonable period.
3. When purchasing any paper or paper products for use by a using
agency, the Chief may purchase recycled paper products if the specific
recycled paper product is:
(a) Available at a price not more than 10 percent higher than that
of paper products made from virgin material;
(b) Of adequate quality; and
(c) Available to the purchaser within a reasonable period.
(Added to NRS by 1991, 1675)
PURCHASING FOR LEGISLATIVE AND JUDICIAL DEPARTMENTS, COUNTIES,
MUNICIPALITIES AND DISTRICTS; FEDERAL SURPLUS PROPERTY
1. Any agency, bureau, commission or officer of the Legislative
Department or the Judicial Department of the State Government or the
Nevada Wing of the Civil Air Patrol or any squadron thereof may obtain
supplies, materials and equipment on a voluntary basis through the
facilities of the Purchasing Division.
2. From time to time the Chief shall issue bulletins to all of
such agencies, bureaus, commissions and officers indicating the supplies,
materials and equipment available and the prices thereof.
(Added to NRS by 1963, 488; A 1975, 338; 1983, 1900)
1. The Nevada System of Higher Education, local governments as
defined in NRS 354.474 , conservation districts and irrigation districts in the State
of Nevada may obtain supplies, materials and equipment on a voluntary
basis through the facilities of the Purchasing Division.
2. The Chief shall issue bulletins from time to time to:
(a) Each state agency;
(b) Each local governmental agency;
(c) Each irrigation district;
(d) Each conservation district; and
(e) The Nevada System of Higher Education,
Ê indicating the supplies, materials and equipment available and the
prices thereof.
3. The specifications for all bids for supplies, materials or
equipment to be furnished pursuant to the provisions of subsection 1 must
be so written that all suppliers of the market in the industry or
business concerned are given an opportunity to bid pursuant to notice as
provided for in this chapter.
[40:333:1951]—(NRS A 1963, 505, 1280; 1967, 203; 1969, 1430; 1975,
249; 1981, 1188; 1993, 392; 1995, 2044; 1999, 1818 ; 2003, 549 ; 2005, 670 )
The
Chief may purchase or acquire on behalf of the State of Nevada, and all
officers, departments, institutions, boards, commissions, schools and
other agencies in the Executive Department of the State Government,
volunteer fire departments, local governments as defined in NRS 354.474
, conservation districts or irrigation districts of the State
of Nevada, any supplies, materials or equipment of any kind required or
deemed advisable for the state officers, departments, institutions,
boards, commissions, schools, volunteer fire departments and other
agencies or local governments as defined in NRS 354.474 , conservation districts or irrigation districts that may be
available pursuant to an agreement with a vendor who has entered into an
agreement with the General Services Administration or another
governmental agency dealing in supplies, materials, equipment or donable
surplus material if:
1. The prices for the supplies, materials or equipment negotiated
in the agreement that the Chief enters into with the vendor are
substantially similar to the prices for those supplies, materials or
equipment that the vendor had negotiated with the General Services
Administration or other governmental agency; and
2. The Chief determines that such an agreement would be in the
best interests of the State.
[42:333:1951; A 1953, 585]—(NRS A 1963, 49, 489, 1285; 1975, 249;
1989, 2145; 2001, 1320 )
1. The Chief shall secure, warehouse and distribute throughout the
state federal donable surplus property to tax-supported or nonprofit
schools and other health and educational institutions, to organizations
for emergency management, to volunteer fire departments, and to such
other institutions or activities as are eligible pursuant to federal law
to acquire such property. The Chief may make such certifications, develop
and sign such plans of operation, take such action and enter into such
contracts and undertakings for and in the name of the State as are
authorized or required by federal law or regulations in connection with
the receipt, warehousing and distribution of federal donable surplus
property received by him. The Chief may adopt regulations, prescribe
requirements and take the necessary action to ensure maximum utilization
by and benefit to eligible institutions and organizations from the
federal donable surplus property. The Chief shall charge the schools and
institutions receiving donable surplus property secured through the
Purchasing Division, the charge to be a percentage of the cost of
acquisition or of the fair value of the item requested that is sufficient
to repay part or all of the cost of transportation and other costs
incurred in acquisition of the property.
2. All money received by the Chief pursuant to this section must
be deposited in the State Treasury for credit to the Surplus Property
Administration Account, which is hereby created in the State Purchasing
Fund. The interest and income earned on the money in the Account must be
credited to the Account. All expenses for the distribution of federal
surplus property must be paid from the Account as other claims against
the State are paid.
3. The Chief may discontinue temporarily or terminate entirely the
operation of purchasing and distributing donable surplus property at any
time if there is not a sufficient flow of property to make continued
employment of personnel for this purpose beneficial to the State.
[43:333:1951; A 1953, 585]—(NRS A 1957, 151; 1963, 50, 1062; 1979,
105; 1983, 176; 1985, 46; 1991, 1766; 1995, 368; 2001, 691 )
1. Any provision of law to the contrary notwithstanding, the
governing board or, if there be none, the executive head of any state
department or agency or any local government as defined in NRS 354.474
, conservation district or irrigation district may, by order or
resolution, confer upon any officer or employee thereof authority to
secure the transfer to it of federal donable surplus property under this
chapter and agree on behalf of the State or local government as defined
in NRS 354.474 , conservation district or irrigation district to comply with
the terms and conditions of such transfers.
2. The authority conferred upon any such officer or employee by
any such order or resolution shall remain in effect unless and until the
order or resolution is revoked and written notice of such revocation has
been received by the Chief.
(Added to NRS by 1957, 151; A 1963, 1062; 1975, 250)
PROHIBITIONS AND PENALTIES
1. Before a contract is awarded, a person who has provided a bid
or proposal on the contract or an officer, employee, representative,
agent or consultant of such a person shall not:
(a) Make an offer or promise of future employment or business
opportunity to, or engage in a discussion of future employment or
business opportunity with, the Chief, a purchasing officer or an employee
of the using agency for which the contract is being offered;
(b) Offer, give or promise to offer or give money, a gratuity or
any other thing of value to the Chief, a purchasing officer or an
employee of the using agency for which the contract is being offered; or
(c) Solicit or obtain any proprietary information regarding the
contract from the Chief, a purchasing officer or an employee of the using
agency for which the contract is being offered.
2. A person who violates any of the provisions of subsection 1 is
guilty of a gross misdemeanor and shall be punished by imprisonment in
the county jail for not more than 1 year, or by a fine of not less than
$2,000 nor more than $50,000, or by both fine and imprisonment.
(Added to NRS by 1995, 1732)—(Substituted in revision for NRS
333.497)
1. Any purchase and any contract for the purchase of any supplies,
materials or equipment, made or entered into by any state officer,
department, institution, board, commission or agency contrary to the
provisions of this chapter and the rules and regulations of the Chief
promulgated pursuant thereto, shall be void; but the head of the using
agency and the employee who actually made such purchase or entered into
such contract shall be personally liable for the costs of any supplies,
materials or equipment delivered pursuant to such purchase or contract.
2. Any contract made with any person, firm or corporation shall be
void if any member, officer or employee of any using agency taking part
in the making of such contract is also an officer or employee or owner of
a substantial part or interest in such firm or corporation.
[48:333:1951]—(NRS A 1963, 1062)—(Substituted in revision for NRS
333.500)
1. On and after October 1, 2005, the Chief, the Purchasing
Division or a using agency shall not purchase an information system or
system of communication for use by a response agency unless the system
complies with the plan established pursuant to subsection 5 of NRS
239C.160 .
2. On and after October 1, 2005, any grant or other money received
by the Chief, the Purchasing Division or a using agency from the Federal
Government for the purchase of an information system or system of
communication for use by a response agency must not be used to purchase
such a system unless the system complies with the plan established
pursuant to subsection 5 of NRS 239C.160 .
3. As used in this section:
(a) “Information system” has the meaning ascribed to it in NRS
239C.060 .
(b) “Response agency” has the meaning ascribed to it in NRS
239C.080 .
(c) “System of communication” has the meaning ascribed to it in NRS
239C.100 .
(Added to NRS by 2003, 2463 ; A 2005, 932 )
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