2005 Nevada Revised Statutes - Chapter 333 — Purchasing: State

CHAPTER 333 - PURCHASING: STATE

GENERAL PROVISIONS

NRS 333.010 Shorttitle.

NRS 333.020 Definitions.[Effective through June 30, 2009.]

NRS 333.020 Definitions.[Effective July 1, 2009.]

ADMINISTRATION

NRS 333.030 Administrationof chapter.

NRS 333.060 Qualificationsof Chief of Purchasing Division.

NRS 333.100 Assistants:Number; qualifications.

NRS 333.110 Officesof Purchasing Division.

NRS 333.120 StatePurchasing Fund: Creation; amount; use.

NRS 333.121 Paymentof costs of acquisition of purchasing warehouse building.

NRS 333.124 DonatedCommodities Account: Creation; use.

NRS 333.125 Temporarytransfers from State General Fund to State Purchasing Fund.

GENERAL POWERS AND DUTIES OF CHIEF OF PURCHASING DIVISION

NRS 333.130 Supervisionof administrative and technical activities of Purchasing Division; regulations.

NRS 333.135 Regulationsestablishing procedures for awarding contracts.

NRS 333.140 Policyof securing best value.

NRS 333.150 Purchasesor contracts for rental or lease for using agencies.

NRS 333.155 Regulationsconcerning purchase of new equipment: Consideration of renting equipment andcontracting for service to maintain equipment.

NRS 333.160 Methodsof supplying needs of using agencies.

NRS 333.162 Methodsof obtaining a contract; regulations.

NRS 333.165 Contractsfor services: Duty of Chief to act on behalf of using agency; authority ofusing agency to contract; requests for assistance by using agency.

NRS 333.175 Chiefmay exempt purchases by Department of Corrections from Offenders Store Fundfrom provisions of chapter.

NRS 333.180 Collection,classification and maintenance of information concerning commodities andsuppliers.

NRS 333.190 Inspectionof purchased commodities; material or service found to be defective or not asspecified; receiving reports.

NRS 333.195 Donationof certain commodities, supplies, materials and equipment to certainorganizations.

NRS 333.200 Inventoryof supplies and materials stored centrally: Duties; records.

NRS 333.210 Standardsand specifications.

NRS 333.220 Personalproperty of using agencies: Classification; identification; records; list oflost, excess, forfeited or donated property; transfers; inventories;condemnation and sale; determination of value; refurbishment.

NRS 333.225 SupplementalFood Program.

NRS 333.230 Centralsupply services.

PROCEDURES FOR STATE PURCHASING

NRS 333.250 Classificationof commodities; schedules of purchases by classes.

NRS 333.260 Estimatesof requirements.

NRS 333.270 Determinationof quantity to be purchased of each commodity after receipt of estimate ofrequirements.

NRS 333.280 Contractfor furnishing supplies, materials and equipment: Period and form; extension.

NRS 333.290 Useof materials, supplies or products of state institutions: Contents ofadvertisement for bids.

NRS 333.300 Noticesof proposed purchases; purchase by formal contract; preferences; emergencypurchases.

NRS 333.310 Advertisementsfor bids or proposals: Contents and publication.

NRS 333.311 Requestfor proposals to include minimum requirements for awarding contract; award ofcontract to noncomplying bidder prohibited.

NRS 333.313 On-linebidding.

NRS 333.315 Costof providing service to be determined including all costs related to contract,including monitoring or reviewing private contractor.

NRS 333.320 Specificationfor bids for supplying state institutions: Requirements.

NRS 333.330 Bids:Itemization; requirements for submission; opening and reading.

NRS 333.333 Proprietaryinformation regarding trade secret: Confidentiality; disclosure.

NRS 333.335 Proposals:Evaluation; factors to be considered before making an award; relative weight offactors; confidentiality.

NRS 333.336 Inversepreference imposed on certain bidders resident outside State of Nevada.

NRS 333.337 Contractsentered into pursuant to this chapter must be in writing and signed by eachparty.

NRS 333.340 Awardof contract or order for goods: Determination of lowest responsible bidder;written statement to be provided if contract or order is not awarded to lowestbidder.

NRS 333.350 Contractsfor separate items or portions or groups of items or for portions or groups ofportions of project; rejection of all bids or proposals; necessary open marketpurchases; withdrawal of bid or proposal; records of bids and proposals.

NRS 333.355 Chiefof Purchasing Division may request check or bond to accompany bid or proposal.

NRS 333.360 Performancebonds; Chief of Purchasing Division may require check or bond before enteringinto contract.

NRS 333.365 Breachof contract: Penalties.

NRS 333.370 Appealby person making unsuccessful bid or proposal.

NRS 333.372 Regulationsconcerning forms of security to be submitted with notice of appeal.

NRS 333.375 Awardof contract to organization or agency for training and employment of personswith mental or physical disabilities.

NRS 333.380 Rulesof Chief to provide procedure for unscheduled or emergency purchases andpurchases with money from State Purchasing Fund.

NRS 333.390 Authorizationfor local purchasing: Individual orders not exceeding $5,000; orders for heavyequipment; purchases of perishable articles.

NRS 333.395 Contractswith certificated interstate or intrastate carriers of persons or property;informal quotations of rates.

NRS 333.400 Purchaseof commodities out of schedule: Quotations to be obtained; exceptions.

NRS 333.410 Quotationsto be secured from state institutions; preference to products.

NRS 333.420 Deliveryof supplies, material and equipment: Memoranda of shipments and invoices to betransmitted by seller.

NRS 333.430 Cooperationof two or more departments in securing supplies: Distribution of expense.

NRS 333.435 Purchaseof prescription drugs, pharmaceutical services or medical supplies by usingagency.

NRS 333.450 Paymentof claims for supplies, materials, equipment and services; annual assessment offee for procurement and inventory services; regulations.

NRS 333.460 Paymentby using agency by transfer or warrant.

RECYCLED PRODUCTS

NRS 333.4603 Definitions.

NRS 333.4606 Chiefof Purchasing Division to revise specifications for procuring goods andproducts; preference to purchase recycled products; conditions under whichbidder whose product contains postconsumer waste deemed lowest bidder.

NRS 333.4609 Regulationsto give preference to purchase of recycled paper products; purchase of recycledpaper products by Chief of Purchasing Division.

PURCHASING FOR LEGISLATIVE AND JUDICIAL DEPARTMENTS, COUNTIES,MUNICIPALITIES AND DISTRICTS; FEDERAL SURPLUS PROPERTY

NRS 333.469 Useof facilities of Purchasing Division by Legislative and Judicial Departmentsand Civil Air Patrol; duties of Chief.

NRS 333.470 Useof facilities of Purchasing Division by Nevada System of Higher Education,local governments and districts; duties of Chief.

NRS 333.480 Purchaseand acquisition of supplies, materials or equipment from vendor who has enteredinto agreement with General Services Administration or certain othergovernmental agencies.

NRS 333.490 Procurementand distribution of federal surplus property to eligible institutions andorganizations; creation of Surplus Property Administration Account.

NRS 333.495 Authorizationsto secure transfer of federal surplus property to state departments, agenciesor political subdivisions.

PROHIBITIONS AND PENALTIES

NRS 333.800 Prohibitedacts by bidders before award of contract; penalty.

NRS 333.810 Purchasesand contracts made contrary to provisions of chapter void; liability of stateofficers and employees.

NRS 333.820 Purchaseof information system or system of communication for use by response agency.

_________

GENERAL PROVISIONS

NRS 333.010 Shorttitle. This chapter shall be known and citedas the State Purchasing Act.

[1:333:1951]

NRS 333.020 Definitions.[Effective through June 30, 2009.] As used inthis chapter, unless the context otherwise requires:

1. Best value means the greatest possible economy consistentwith grades or qualities of supplies, materials, equipment and services thatare adapted to the purposes to be served.

2. Chief means the Chief of the Purchasing Division.

3. Director means the Director of the Department ofAdministration.

4. Invitation to bid means a written statement whichsets forth the requirements and specifications of a contract to be awarded bycompetitive selection.

5. Proprietary information means:

(a) Any trade secret or confidential businessinformation that is contained in a bid or proposal submitted on a particularcontract; or

(b) Any other trade secret or confidential businessinformation submitted in a bid or proposal and designated as proprietary by theChief.

As used inthis subsection, confidential business information means any informationrelating to the amount or source of any income, profits, losses or expendituresof a person, including data relating to cost or price submitted in support of abid or proposal. The term does not include the amount of a bid or proposal.

6. Purchasing Division means the Purchasing Divisionof the Department of Administration.

7. Purchasing officer means a person who isauthorized 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 statementwhich sets forth the requirements and specifications of a contract to beawarded 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 ExecutiveDepartment of the State Government which derive their support from public moneyin 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 NevadaRural Housing Authority, the Housing Division of the Department of Business andIndustry, local governments as defined in NRS354.474, conservation districts, irrigation districts and the Nevada Systemof Higher Education.

11. Volunteer fire department means a volunteer firedepartment which pays premiums for industrial insurance pursuant to theprovisions of chapters 616A to 616D, inclusive, or chapter617 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)

NRS 333.020 Definitions. [Effective July 1,2009.] As used in this chapter, unless thecontext otherwise requires:

1. Best value means the greatest possible economyconsistent with grades or qualities of supplies, materials, equipment andservices 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 ofAdministration.

4. Invitation to bid means a written statement whichsets forth the requirements and specifications of a contract to be awarded bycompetitive selection.

5. Proprietary information means:

(a) Any trade secret or confidential businessinformation that is contained in a bid or proposal submitted on a particularcontract; or

(b) Any other trade secret or confidential businessinformation submitted in a bid or proposal and designated as proprietary by theChief.

As used inthis subsection, confidential business information means any informationrelating to the amount or source of any income, profits, losses or expendituresof a person, including data relating to cost or price submitted in support of abid or proposal. The term does not include the amount of a bid or proposal.

6. Purchasing Division means the Purchasing Divisionof the Department of Administration.

7. Purchasing officer means a person who isauthorized 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 statementwhich sets forth the requirements and specifications of a contract to beawarded 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 ExecutiveDepartment of the State Government which derive their support from public moneyin 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 NevadaRural 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 firedepartment which pays premiums for industrial insurance pursuant to theprovisions of chapters 616A to 616D, inclusive, or chapter617 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 July1, 2009)

ADMINISTRATION

NRS 333.030 Administrationof chapter. The Purchasing Division shalladminister the provisions of this chapter, subject to administrativesupervision of the Director.

[3:333:1951](NRS A 1963, 1051)

NRS 333.060 Qualificationsof Chief of Purchasing Division. The Chiefshall have:

1. A working knowledge of purchasing methods andprocedures, including the techniques of specification writing.

2. The ability to obtain and interpret market pricesand trends, and to apply such interpretations to procurement problems.

3. A minimum of 12 years of practical experience inpurchasing, merchandising, stock control and methods of inventory management.

[6:333:1951](NRS A 1963, 1051)

NRS 333.100 Assistants:Number; qualifications.

1. The Chief shall have such technical and clericalassistance as the execution of his duties requires.

2. Technical assistants shall have a minimum of 6years of practical experience in purchasing, merchandising, stock control andmethods of inventory management.

[Part 7:333:1951](NRS A 1963, 1051)

NRS 333.110 Officesof Purchasing Division. Suitable office spaceshall be furnished to the Purchasing Division for the performance of the dutiesprovided in this chapter.

[Part 7:333:1951](NRS A 1963, 1051)

NRS 333.120 StatePurchasing Fund: Creation; amount; use.

1. The State Purchasing Fund, in the sum of $1,250,000is hereby created as an internal service fund for the use of the Chief inpurchasing supplies, materials and equipment and services.

2. Except as otherwise provided in subsection 3, theChief 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 thecost to the Purchasing Division of providing methods for purchasing or leasingpursuant to this chapter by the use of forms in electronic format through acomputer system or network or through the Internet, or its successor, if any.

3. The Chief shall not withdraw money pursuant tosubsection 2 if the withdrawal would reduce the balance of the State PurchasingFund below $500,000.

4. If the Chief makes a withdrawal pursuant tosubsection 2, the maximum balance of the State Purchasing Fund is permanentlyreduced 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)

NRS 333.121 Paymentof costs of acquisition of purchasing warehouse building.

1. Commencing July 1, 1975, and continuing until thecost of acquisition in the amount of $165,000 for the purchasing warehousebuilding and site in Las Vegas, Nevada, has been repaid, the PurchasingDivision shall pay annually to the State Treasurer for deposit in the StateTreasury to the credit of the State General Fund 2 percent of the acquisitioncost of the building and site.

2. Commencing July 1, 1979, and continuing until thecost of acquisition in the amount of $45,000 for the purchase of land andrelated costs, adjacent to the purchasing warehouse building in Las Vegas,Nevada, has been repaid, the Purchasing Division shall pay annually to theState Treasurer for deposit in the State Treasury to the credit of the StateGeneral 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)

NRS 333.124 DonatedCommodities Account: Creation; use.

1. The Donated Commodities Account is hereby createdin the State General Fund for the use of the Chief in acquiring commoditiesdonated by the Federal Government and its agencies and to purchase and distributenutritious food in accordance with NRS333.225.

2. Except as otherwise provided in NRS 333.195, if a tax-supported or nonprofitschool or other health or educational institution receives a donated commoditysecured through the Purchasing Division, the Chief shall charge the school orinstitution a fee in an amount sufficient to repay part or all of the cost oftransportation and other costs incurred in acquiring the commodity.

3. All money received by the Chief pursuant to thissection must be deposited in the State Treasury for credit to the DonatedCommodities Account. The interest and income earned on the money in the Accountmust be credited to the Account.

4. Costs of freight, storage, handling charges andother administrative expenses, including compensation of Purchasing Divisionpersonnel, incidental to the acquisition of the donated commodities and theadministration of the Supplemental Food Program may be paid from the DonatedCommodities Account.

(Added to NRS by 1969, 737; A 1979, 105; 1991, 1766;1995, 367, 2223; 1999,1643)

NRS 333.125 Temporarytransfers from State General Fund to State Purchasing Fund. Whenever claims payable and properly approved exceed theamount of the cash in the State Purchasing Fund, the State Controller maytransfer temporarily from the State General Fund to the State Purchasing Fundsuch amount as may be required to pay the claims, but not to exceed the lesserof:

1. The amount receivable from using agencies andpolitical subdivisions as certified by the Purchasing Division;

2. The maximum balance of the State Purchasing Fund,if reduced pursuant to subsection 4 of NRS333.120; 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

NRS 333.130 Supervisionof administrative and technical activities of Purchasing Division; regulations. The Chief, as executive head of the Purchasing Division:

1. Shall direct and supervise all its administrativeand technical activities.

2. May adopt regulations necessary for theadministration of this chapter.

[Part 7:333:1951](NRS A 1963, 1052; 1991, 620)

NRS 333.135 Regulationsestablishing procedures for awarding contracts. TheChief shall adopt regulations establishing procedures for awarding contractspursuant to this chapter. The regulations must include, without limitation,provisions that set forth requirements relating to:

1. The establishment and membership of committees toevaluate proposals;

2. Notices that must be given to persons who submitproposals before and after a contract is awarded;

3. The confidentiality of information submitted inproposals and any communication between a person who submits a proposal and thechief of a using agency, the Chief of the Purchasing Division or a member of acommittee 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)

NRS 333.140 Policyof securing best value. The Chief, in all hispurchasing and property control activities, shall pursue a policy of securingthe best value for supplies, materials, equipment and services.

[10:333:1951](NRS A 1963, 1052; 2003, 548)

NRS 333.150 Purchasesor contracts for rental or lease for using agencies. TheChief shall:

1. Purchase or contract for all supplies, materialsand equipment; and

2. Contract for the rental or lease of equipment,

needed byany using agency, unless otherwise provided by law.

[11:333:1951](NRS A 1963, 1052; 1981, 367)

NRS 333.155 Regulationsconcerning purchase of new equipment: Consideration of renting equipment andcontracting for service to maintain equipment. TheChief shall adopt regulations which set forth standards to be used by usingagencies when purchasing new equipment in order to determine:

1. Whether the equipment can be leased or rented at acost 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 aprivate contractor.

(Added to NRS by 1993, 925)

NRS 333.160 Methodsof supplying needs of using agencies. TheChief may decide whether and to what extent the needs of any using agency maybe supplied:

1. From stores of commodities on hand;

2. By transfer of surplus items or stocks from otherusing agencies;

3. By deliveries under contracts;

4. By open market purchases through the Chief; or

5. Directly by the using agencies;

but he shallhave thorough discussions on such matters with authorized representatives ofeach using agency.

[12:333:1951](NRS A 1963, 1052; 1981, 1188)

NRS 333.162 Methodsof obtaining a contract; regulations.

1. The Chief may designate the method of obtaining acontract, 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 thatcomplies with the provisions of this chapter.

2. The Chief shall adopt regulations governing themethods of obtaining a contract.

(Added to NRS by 1991, 619; A 1999, 1025)

NRS 333.165 Contractsfor services: Duty of Chief to act on behalf of using agency; authority ofusing agency to contract; requests for assistance by using agency.

1. Except as otherwise provided by specific statute,the Chief shall contract for services whose estimated value is $100,000 ormore, and may authorize a using agency to contract for such services if hedetermines that to do so would be in the best interests of the State.

2. A using agency may contract for services if theestimated value of the services is less than $100,000. The Chief may, upon therequest of a using agency, contract for such services on behalf of the agencyif he determines that to do so would be in the best interests of the State.

3. The Chief shall, upon the request of a usingagency, provide assistance to the using agency for any contract for serviceswhose estimated value is less than $100,000.

4. For the purposes of this section, a contract forgoods and services whose estimated value:

(a) Is $100,000 or more, shall be deemed a contract forservices; or

(b) Is less than $100,000, shall be deemed a contractfor 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)

NRS 333.175 Chiefmay exempt purchases by Department of Corrections from Offenders Store Fundfrom provisions of chapter. The Chief mayexempt from the provisions of this chapter purchases made by the Department ofCorrections, with money from the Offenders Store Fund, for the provision andmaintenance of canteens for offenders.

(Added to NRS by 1987, 773; A 2001 Special Session,236)

NRS 333.180 Collection,classification and maintenance of information concerning commodities andsuppliers. The Chief shall collect, classifyand maintain accurate information concerning:

1. The sources, grades, qualities and costs of thevarious kinds of supplies, materials and equipment required by the State; and

2. The names and addresses of the persons from whomcommodities of the various classes are available.

[31:333:1951](NRS A 1963, 1052; 1991, 620; 1997,470)

NRS 333.190 Inspectionof purchased commodities; material or service found to be defective or not asspecified; receiving reports.

1. The Chief shall provide for inspection of allcommodities purchased.

2. If, before final acceptance, any equipment,material, supply or service is found to be defective or not as specified, theChief may:

(a) Reject it and require the seller to correct thedefect without charge; or

(b) Require delivery of the equipment, material, supplyor service at a reduction in cost.

3. A receiving report must be submitted by a usingagency to certify the receipt of commodities and must show the quantity andquality delivered. A claim for payment for commodities must not be passed forpayment without certification.

[32:333:1951](NRS A 1963, 1053; 1991, 620)

NRS 333.195 Donationof certain commodities, supplies, materials and equipment to certainorganizations.

1. The Chief may donate commodities, supplies,materials and equipment that he determines have reached the end of their usefullives to any organization described in NRS372.3261.

2. If the Chief donates such commodities to atax-supported or nonprofit school or other health or educational institutionpursuant to subsection 1, the provisions of subsection 2 of NRS 333.124 do not apply.

(Added to NRS by 1999, 1643)

NRS 333.200 Inventoryof supplies and materials stored centrally: Duties; records.

1. The Chief shall cause to be maintained perpetualinventory 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 thecosts 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, quantitiessupplied by vendors specified for specified periods, unit prices, averageprices and experience with the vendors supplying the different classes ofsupplies.

(c) Price supplies and materials when purchased andwhen charged out of stock as used.

(d) Transfer surplus supplies and materials to pointswhere they can be used advantageously.

(e) Direct and make test checks of physicalinventories.

(f) Supervise the taking of annual inventories.

(g) Instruct storekeepers in the prescribed proceduresfor controlling stored materials.

3. The stores records must be so maintained as toshow:

(a) The quantity of each commodity on hand.

(b) The average unit cost, including transportationcharges.

(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 stockat 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)

NRS 333.210 Standardsand specifications.

1. Supplies, materials and equipment purchased for thevarious using agencies shall be reduced to the practicable minimum of types,styles and sizes. The Chief shall be responsible for developing and executing aprogressive program of establishing standards. The Chief may call upon anydepartment or officer having technical facilities available, for assistance inthe formulation of such standards.

2. Standard specifications shall be developed andadopted after consultation with the heads of the various using agencies, whoshall assist in formulating such specifications. Such specifications shall besufficiently 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 withdue consideration of suitability of products.

(d) To describe the methods of testing or inspection.

Aspecification file containing all approved specifications shall be maintainedby the Chief.

[35:333:1951](NRS A 1963, 1054; 1979, 175)

NRS 333.220 Personalproperty of using agencies: Classification; identification; records; list oflost, excess, forfeited or donated property; transfers; inventories;condemnation and sale; determination of value; refurbishment.

1. The Chief shall:

(a) Provide for classification of the personal propertyof the State in the possession of the using agencies.

(b) Establish a process for identification of all suchproperty.

(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 agencypursuant to subsection 4. Any item which had an original cost of not less thanthe amount established by regulation of the State Board of Examiners and whichhas a useful life of more than 2 years must be included on the list.

2. Each using agency shall submit to the PurchasingDivision a list on or before the last day of each month of all personalproperty for which it is responsible which was lost, stolen, exchanged ordeemed excess. The list must include all forfeited personal property which wasreceived by the using agency and all personal property which was donated to theusing agency within the previous month. The list must be prepared by theofficer entrusted with custody of the property and be approved by the officerssupervisor or the head of his department or agency. A monthly physical count isnot required for the preparation of the list.

3. The Chief may transfer any personal property orforfeited personal property in the possession of a using agency to anothergovernmental agency within the State or to an entity that is eligible toacquire federal donable surplus property, if that property is not necessary forthe use of the using agency.

4. The records of personal property of the State mustbe maintained at all times to show the officers entrusted with the custodythereof and transfers of that property between those officers. Each usingagency shall conduct an annual physical count of all personal property chargedto it and reconcile the results of the annual physical count with the recordsof inventory maintained by the Chief. The Chief shall maintain the currentrecords of inventory for each state agency.

5. The Chief shall adopt regulations which:

(a) Prescribe the procedure by which personal propertymay be condemned and disposed of, if of no further use to the State.

(b) Provide that condemned property which the Chief hasnot transferred to another governmental agency or entity that is eligible toacquire 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 theauction, the Chief shall publish or cause to be published in a newspapercirculated in the area in which the sale is made a notice of the auction and adescription of the property to be sold.

6. For the purposes of sale, the Chief or hisdesignated agent shall determine the value of personal property which is of nofurther use to the State. The Chief may request the assistance of anydepartment or officer having technical expertise regarding any such property todetermine the value of the property.

7. The Chief may elect to refurbish, in whole or inpart, personal property which is of no further use to the State if the Chiefdetermines that refurbishment will increase the value of the property in anamount that exceeds the cost of the refurbishment. The Purchasing Division isentitled to reimbursement for the cost of refurbishment from the proceeds ofthe 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)

NRS 333.225 SupplementalFood Program.

1. In conjunction with his duty to purchase orotherwise acquire commodities for using agencies, the Chief shall establish aSupplemental Food Program to supplement the supply of food and the servicesprovided by programs which provide food to indigent persons, such as foodbanks, emergency food pantries, soup kitchens and homeless shelters.

2. The Chief may solicit and accept gifts and grantsfor the Program. Upon receipt of such gifts and grants, the amount receivedmust be deposited in the Donated Commodities Account. Gifts and grantsdeposited in the Account must be used in the same manner as other money in theAccount.

3. In carrying out the Program, the Chief shallpurchase and distribute nutritious food to persons in this state who cannotafford to purchase such food. Except as otherwise provided in subsection 2 of NRS 333.124, the money in the Account mustbe used in the following proportions:

(a) Not less than 95 percent must be used to purchaseand distribute nutritious foods which are infrequently donated or which willsupplement the food which is donated, including, but not limited to, peanutbutter, tuna fish, fruit, vegetables, dry milk and stew; and

(b) Any remainder may be used to provide educationalinformation regarding nutrition and the purchase and preparation of food.

(Added to NRS by 1995, 2222)

NRS 333.230 Centralsupply services. The Chief may maintain andoperate central supply services at any center, including a central warehouse orstoreroom service.

[37:333:1951](NRS A 1963, 1055)

PROCEDURES FOR STATE PURCHASING

NRS 333.250 Classificationof commodities; schedules of purchases by classes.

1. The Chief shall classify for purchasing purposesall commodities for which there is sufficient demand to justify periodicpurchasing in anticipation of needs. Commodities of the same nature, ordinarilysecured from the same sources of supply and which can advantageously bescheduled for purchase at the same time of year, according to favorable marketconditions, shall be included in the same class.

2. The rules shall provide, so far as practicable, forthe scheduling of purchases, by commodity classes, so as to distribute thevolume of purchasing work as evenly as may be over the entire year and so asbest to meet the requirements of the several spending agencies of the State,while taking advantage of favorable market conditions and avoiding unnecessarytying up of funds.

3. Copies of schedules of purchases to be made shallbe supplied to the several using agencies and to interested vendors.

[14:333:1951](NRS A 1963, 1055)

NRS 333.260 Estimatesof requirements.

1. The Chief shall determine the requirements ofsupplies and materials of the using agencies according to records of pastexperience, and according to estimates of anticipated requirements furnished bythe various using agencies. The Chief shall set up and maintain currentcumulative purchase records of all materials and supplies purchased for theusing agencies.

2. Prior to the scheduled date for purchasing anyclass of commodities, the Chief shall make estimates of requirements among allthe using agencies using the commodities included in that class. The Chief maymake the estimates by summarizing the requisitions of materials and suppliessubmitted by the using agencies.

3. Using agencies requiring information such asprices, specifications, and the procurement of any supplies, materials andequipment for present or future needs shall obtain this information through theChief.

[15:333:1951](NRS A 1963, 1055; 1969, 641)

NRS 333.270 Determinationof quantity to be purchased of each commodity after receipt of estimate ofrequirements. Upon receipt of the estimates ofrequirements from the using agencies, the Chief shall cause them to besummarized by classes for all agencies. He shall then, with the considerationof the quantity of each commodity in stock, market conditions and probablefuture market conditions, determine or cause to be determined the quantity ofeach commodity to be purchased.

[16:333:1951](NRS A 1963, 1056)

NRS 333.280 Contractfor furnishing supplies, materials and equipment: Period and form; extension.

1. Except as otherwise provided in this subsection,the Chief may enter into a contract using a standard form of contract, byadvertising in accordance with the provisions of NRS 333.310, for the furnishing ofsupplies, materials and equipment for not more than 2 years. If an extendedcontractual period is necessary to promote the use of a manufacturing processwhich emphasizes the efficient use of energy or to promote the manufacture ofproducts which use recycled materials, the Chief may enter into such a contractfor not more than 3 years.

2. The original terms of a contract may be extendedannually thereafter if the conditions for extension are specified in theoriginal solicitation, and the Chief determines that an extension is in thebest interest of the State.

[17:333:1951](NRS A 1963, 1056; 1969, 1058; 1985,44; 1991, 622; 1993, 80; 1995, 367)

NRS 333.290 Useof materials, supplies or products of state institutions: Contents ofadvertisement for bids.

1. Every advertisement for bids covering any class ofmaterials or supplies that any charitable, reformatory or penal institution ofthe State is prepared to supply, in whole or in part, through the labor ofinmates, shall carry a statement that the Chief reserves the right to securesuch materials or supplies from any such institution or institutions, to theextent that they can be secured of equal quality and at prices not higher thanthose of the lowest acceptable bid received in response to such advertisement.

2. All institutions products meeting these conditionsshall be utilized to the extent available, before orders are placed undercontracts or otherwise.

[18:333:1951](NRS A 1963, 1056)

NRS 333.300 Noticesof proposed purchases; purchase by formal contract; preferences; emergencypurchases.

1. Except as otherwise provided in NRS 333.375, the Chief shall give reasonablenotice, by advertising and by written notice provided to persons in a positionto furnish the classes of commodities involved, as shown by its records, of allproposed purchases of supplies, materials and equipment to be purchased inaccordance with a schedule prepared in conformity with the provisions of NRS 333.250.

2. All such materials, supplies and equipment, exceptas otherwise provided in this section, if the estimated cost thereof exceeds$25,000, must be purchased by formal contract from the lowest responsiblebidder after notice inviting the submission of sealed proposals to the Chief ofthe Purchasing Division at the date, hour and location set forth in theproposal, and at that date, hour and location the proposals must be publiclyopened. The Purchasing Division may reject any or all proposals, or may accept theproposal determined best for the interest of the State. The notice must bepublished as prescribed in NRS 333.310.

3. In case of emergencies caused by acts of God or thenational defense or other unforeseeable circumstances, the provisions foradvertisements on competitive bids may be waived by the Chief, but every effortmust be made to secure the maximum competitive bidding under the circumstances.In no case may contracts be awarded until every possible effort has been madeto 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 Chiefshall:

(a) If the lowest bids are by bidders resident in theState of Nevada, accept the proposal which, in his discretion, is in the bestinterests of this State.

(b) If the lowest bids are by bidders resident outsidethe State of Nevada:

(1) Accept the proposal of the bidder who willfurnish goods or commodities produced or manufactured in this State; or

(2) Accept the proposal of the bidder who willfurnish goods or commodities supplied by a dealer resident in the State ofNevada.

[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)

NRS 333.310 Advertisementsfor bids or proposals: Contents and publication.

1. An advertisement must contain a general descriptionof the classes of commodities or services for which a bid or proposal is wantedand 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 formsmay be obtained.

(c) If the advertisement is for bids, whether the Chiefis authorized by the using agency to be supplied to consider a bid for anarticle that is an alternative to the article listed in the original requestfor bids if:

(1) The specifications of the alternativearticle meet or exceed the specifications of the article listed in the originalrequest for bids;

(2) The purchase of the alternative articleresults in a lower price; and

(3) The Chief deems the purchase of thealternative 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 responsesmust be received by the Purchasing Division.

(f) The date and time when responses will be opened.

The Chief orhis designated agent shall approve the copy for the advertisement.

2. Each advertisement must be published in at leastone newspaper of general circulation in the State. The selection of thenewspaper to carry the advertisement must be made in the manner provided bythis chapter for other purchases, on the basis of the lowest price to besecured 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)

NRS 333.311 Requestfor proposals to include minimum requirements for awarding contract; award ofcontract to noncomplying bidder prohibited. Eachrequest for proposals must include minimum requirements that the successfulbidder must meet for the awarding of a contract pursuant to the provisions ofthis chapter. A contract may not be awarded to a bidder who does not complywith the requirements set forth in the request for proposals.

(Added to NRS by 2001, 666)

NRS 333.313 On-linebidding.

1. The Chief may use on-line bidding to receiveproposals or bids in response to a request for proposals or invitation to bid.

2. A request for proposals or invitation to bid forwhich proposals or bids may be submitted pursuant to subsection 1 mustdesignate a date and time at which proposals or bids may be submitted and maydesignate a date and time after which proposals or bids will no longer bereceived.

3. The Chief may require bidders to:

(a) Register before the date and time at whichproposals or bids may be submitted; and

(b) Agree to terms, conditions or requirements of therequest for proposals or invitation to bid to facilitate on-line bidding.

4. The procedures established by the Chief for thepurposes of conducting on-line bidding must not conflict with the provisions ofthis chapter.

5. As used in this section, on-line bidding means aprocess by which bidders submit proposals or bids for a contract on a securewebsite on the Internet or its successor, if any, which is established andmaintained for that purpose.

(Added to NRS by 2001, 1320)

NRS 333.315 Costof providing service to be determined including all costs related to contract,including monitoring or reviewing private contractor. Ifa contract for the provision of a service furnished by a using agency isawarded through the process of competitive bidding, the bid or proposal of ausing agency or the cost of furnishing the service through a using agency mustbe determined by including all costs related to the contract, including areasonable estimate of any costs of a using agency for monitoring or reviewinga contract with a private contractor.

(Added to NRS by 1993, 875)

NRS 333.320 Specificationfor bids for supplying state institutions: Requirements. The specification for bids for the supplying of anycommodity in quantity, to meet the combined requirements or estimatedrequirements of the institutions of the State, shall show the quantity thereofrequired or estimated to be required for each institution and shall stipulatethat bids will be accepted for the whole quantity and for the quantity for eachinstitution. Bids may be made on any item or items or quantity or quantities ofany item or items.

[21:333:1951]

NRS 333.330 Bids:Itemization; requirements for submission; opening and reading.

1. All bids on more than one item on which bids arecalled 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 submittedelectronically, secured by an electronic equivalent of a seal, as approved bythe Purchasing Division.

(c) Be opened and read publicly by the Chief or hisdesignated agent as they are opened.

[22:333:1951](NRS A 1963, 1057; 1997, 486; 2001, 1320)

NRS 333.333 Proprietaryinformation regarding trade secret: Confidentiality; disclosure.

1. Except as otherwise provided in subsection 2,proprietary information regarding a trade secret does not constitute publicinformation and is confidential.

2. A person shall not disclose proprietary informationregarding a trade secret unless the disclosure is made for the purpose of acivil, administrative or criminal investigation or proceeding, and the personreceiving the information represents in writing that protections exist underapplicable law to preserve the integrity, confidentiality and security of theinformation.

(Added to NRS by 1995, 1732)

NRS 333.335 Proposals:Evaluation; factors to be considered before making an award; relative weight offactors; confidentiality.

1. Each proposal must be evaluated by:

(a) The chief of the using agency, or a committeeappointed by the chief of the using agency in accordance with the regulationsadopted pursuant to NRS 333.135, if theproposal is for a using agency; or

(b) The Chief of the Purchasing Division, or acommittee appointed by the Chief in accordance with the regulations adoptedpursuant to NRS 333.135, if he is responsiblefor administering the proposal.

2. A committee appointed pursuant to subsection 1 mustconsist of not less than two members. A majority of the members of thecommittee must be state officers or employees. The committee may includepersons who are not state officers or employees and possess expert knowledge orspecial expertise that the chief of the using agency or the Chief of thePurchasing Division determines is necessary to evaluate a proposal. The membersof the committee are not entitled to compensation for their service on thecommittee, except that members of the committee who are state officers oremployees 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 acommittee is established, shall consider and assign a score for each of thefollowing factors for determining whether the proposal is in the best interestsof the State of Nevada:

(a) The experience and financial stability of theperson submitting the proposal;

(b) Whether the proposal complies with the requirementsof the request for proposals as prescribed in NRS333.311;

(c) The price of the proposal, including the impositionof an inverse preference described in NRS333.336, if applicable; and

(d) Any other factor disclosed in the request forproposals.

4. The chief of the using agency, the Chief of thePurchasing Division or the committee, if a committee is established, shalldetermine the relative weight of each factor set forth in subsection 3 before arequest for proposals is advertised. The weight of each factor must not be disclosedbefore the date proposals are required to be submitted.

5. The chief of the using agency, the Chief of thePurchasing Division or the committee, if a committee is established, shallaward the contract based on the best interests of the State, as determined bythe total scores assigned pursuant to subsection 3, and is not required toaccept the lowest-priced proposal.

6. Each proposal evaluated pursuant to the provisionsof this section is confidential and may not be disclosed until the contract isawarded.

(Added to NRS by 1991, 619; A 1999, 1026; 2001, 666; 2003, 1616)

NRS 333.336 Inversepreference imposed on certain bidders resident outside State of Nevada. For the purpose of awarding a contract pursuant to thischapter, if a person who submits a bid or proposal:

1. Is a resident of a state other than the State ofNevada; and

2. That other state, with respect to contracts awardedby that other state or agencies of that other state, applies to bidders orcontractors who are residents of that state a preference which is not affordedto bidders or contractors who are residents of the State of Nevada,

the personor entity responsible for awarding the contract pursuant to this chapter shall,insofar as is practicable, increase the persons bid or proposal by an amountthat is substantially equivalent to the preference that the other state ofwhich the person is a resident denies to bidders or contractors who areresidents of the State of Nevada.

(Added to NRS by 2003, 1615)

NRS 333.337 Contractsentered into pursuant to this chapter must be in writing and signed by eachparty. Each person who is authorized pursuantto the provisions of this chapter to enter into any contract on behalf of thisstate shall ensure that the contract is reduced to writing and signed by eachparty to the contract.

(Added to NRS by 1999, 42)

NRS 333.340 Awardof contract or order for goods: Determination of lowest responsible bidder;written statement to be provided if contract or order is not awarded to lowestbidder.

1. Every contract or order for goods must be awardedto the lowest responsible bidder. To determine the lowest responsible bidder,the Chief:

(a) Shall consider, if applicable, the imposition ofthe inverse preference described in NRS333.336.

(b) May consider:

(1) The location of the using agency to besupplied.

(2) The qualities of the articles to besupplied.

(3) The total cost of ownership of the articlesto 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 thearticles listed in the original request for bids, whether the advertisement forbids included a statement that bids for an alternative article will beconsidered if:

(I) The specifications of the alternativearticle meet or exceed the specifications of the article listed in the originalrequest for bids;

(II) The purchase of the alternativearticle results in a lower price; and

(III) The Chief deems the purchase of thealternative article to be in the best interests of the State of Nevada.

(6) The purposes for which the articles to besupplied are required.

(7) The dates of delivery of the articles to besupplied.

2. If a contract or an order is not awarded to thelowest bidder, the Chief shall provide the lowest bidder with a writtenstatement which sets forth the specific reasons that the contract or order wasnot awarded to him.

3. As used in this section, total cost of ownershipincludes, but is not limited to:

(a) The history of maintenance or repair of thearticles;

(b) The cost of routine maintenance and repair of thearticles;

(c) Any warranties provided in connection with thearticles;

(d) The cost of replacement parts for the articles; and

(e) The value of the articles as used articles whengiven in trade on a subsequent purchase.

[23:333:1951](NRS A 1997, 486, 1562; 1999, 464, 465, 1027; 2003, 1616)

NRS 333.350 Contractsfor separate items or portions or groups of items or for portions or groups ofportions of project; rejection of all bids or proposals; necessary open marketpurchases; withdrawal of bid or proposal; records of bids and proposals.

1. A contract may be awarded for separate items orportions or groups of items, or for separate portions or groups of portions ofa 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 andshall promptly advertise for new bids as provided in this chapter. Until asatisfactory contract is awarded, he may make as many open market purchases ofthe commodities involved as are urgently needed to meet the requirements.

(b) Proposal has been received, he may reject allproposals and may advertise for new proposals as provided in this chapter.

3. The Chief may allow a person to withdraw his bid orproposal without penalty if:

(a) The Chief believes that an obvious error has beenmade 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 personmaking the bid or proposal must be entered on a record. The record, with thename of the successful bidder or proposer indicated thereon, must, after theaward of the contract, be open to public inspection.

[24:333:1951](NRS A 1963, 1057; 1985, 44; 1991, 622)

NRS 333.355 Chiefof Purchasing Division may request check or bond to accompany bid or proposal.

1. The Chief may request that a certified check,cashiers check or bond, in an amount not to exceed 5 percent of the totalvalue of the bid or proposal, accompany a bid or proposal, if the requestapplies to each person who submits a bid or proposal.

2. No division or department of the State is liablefor any expense incurred by or loss of income sustained by any person becauseof a request made pursuant to subsection 1.

(Added to NRS by 1991, 619)

NRS 333.360 Performancebonds; Chief of Purchasing Division may require check or bond before enteringinto contract.

1. A bond furnished by a surety company authorized todo business in this state may be required by the Chief for the properperformance of the contract. The Chief may request a certified check, cashierscheck 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 orproposal.

2. No division or department of the State is liablefor any expense incurred by or loss of income sustained by any person becauseof a request made pursuant to subsection 1.

[25:333:1951](NRS A 1963, 1058; 1991, 623)

NRS 333.365 Breachof contract: Penalties.

1. A person who has entered into a contract with thePurchasing Division or another agency of this state and who does not performaccording to the terms of the contract is liable for, in addition to any otherapplicable damages for breach of contract, a penalty of not more than 5 percentof the total value of the bid or contract. The penalty must be recovered in acivil action upon the complaint of the Chief in any court of competentjurisdiction. In addition to recovering the penalty and any other applicabledamages, the Chief may refuse to accept a bid from the person or refuse toaward a contract to the person, or both, for not more than 2 years.

2. If the Chief does not bring an action to recoverthe penalty prescribed by subsection 1, he may:

(a) Refuse to accept a bid from the person, refuse toaward a contract to the person, or both, for not more than 2 years; and

(b) Impose an administrative penalty, in an amount notto exceed 5 percent of the total value of the bid or contract. Such a penaltymay be recovered only after notice is given to the person by mail.

3. A penalty imposed pursuant to subsection 1 or 2 maybe deducted from any payment due the person or, if a bond has been issued or acheck received, a claim may be made against the bond or check. If no payment isdue and no bond was issued or check received, the Chief may issue a claim forpayment of the penalty. The claim must be paid within 30 days.

(Added to NRS by 1991, 619; A 1997, 487; 2003, 870)

NRS 333.370 Appealby person making unsuccessful bid or proposal.

1. A person who makes an unsuccessful bid or proposalmay file a notice of appeal with the Purchasing Division and with the HearingsDivision 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 leastthree public buildings, including the location of the using agency.

The noticeof appeal must include a written statement of the issues to be addressed onappeal.

2. A person filing a notice of appeal must post a bondwith good and solvent surety authorized to do business in this state or submitother security, in a form approved by the Chief by regulation, to thePurchasing Division, who shall hold the bond or other security until adetermination is made on the appeal. Except as otherwise provided in subsection3, a bond posted or other security submitted with a notice of appeal must be inan amount equal to 25 percent of the total value of the successful bidsubmitted.

3. If the total value of the successful bid cannot bedetermined because the total requirements for the contract are estimated as ofthe date of award, a bond posted or other security submitted with a notice ofappeal must be in an amount equal to 25 percent of the estimated total value ofthe contract. Upon request, the Chief shall provide:

(a) The estimated total value of the contract; or

(b) The method for determining the estimated totalvalue of the contract,

based onrecords of past experience and estimates of anticipated requirements furnishedby the using agency.

4. Within 20 days after receipt of the notice ofappeal, a hearing officer of the Hearings Division of the Department ofAdministration shall hold a contested hearing on the appeal in substantialcompliance with the provisions of NRS233B.121 to 233B.1235, inclusive,233B.125 and 233B.126. The successful bidder must begiven notice of the hearing in the same manner as the person who filed thenotice of appeal. The successful bidder may participate in the hearing.

5. The hearing officer may cancel the award for lackof compliance with the provisions of this chapter. A cancellation of the awardrequires readvertising for bids and a new award in accordance with theprovisions of this chapter.

6. A notice of appeal filed in accordance with theprovisions of this section operates as a stay of action in relation to anycontract until a determination is made by the hearing officer on the appeal.

7. A person who makes an unsuccessful bid or proposalmay not seek any type of judicial intervention until the hearing officer hasmade a determination on the appeal.

8. The Chief may make as many open market purchases ofthe commodities or services as are urgently needed to meet the requirements ofthe Purchasing Division or the using agency until a determination is made onthe appeal. With the approval of the Chief, the using agency may make suchpurchases for the agency.

9. Neither the State of Nevada, nor any agency,contractor, department, division, employee or officer of the State is liablefor any costs, expenses, attorneys fees, loss of income or other damagessustained by a person who makes an unsuccessful bid or proposal, whether or notthe person files a notice of appeal pursuant to this section.

10. If the appeal is upheld and the award iscancelled, the bond posted or other security submitted with the notice ofappeal must be returned to the person who posted the bond or submitted thesecurity. If the appeal is rejected and the award is upheld, a claim may bemade against the bond or other security by the Purchasing Division and theusing agency to the Hearings Division of the Department of Administration in anamount equal to the expenses incurred and other monetary losses suffered by thePurchasing Division and the using agency because of the unsuccessful appeal.The hearing officer shall hold a hearing on the claim in the same manner asprescribed in subsection 4. Any money not awarded by the hearing officer mustbe 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)

NRS 333.372 Regulationsconcerning forms of security to be submitted with notice of appeal. The Chief shall adopt regulations specifying the forms ofsecurity which may be submitted with a notice of appeal filed pursuant of NRS 333.370.

(Added to NRS by 1995, 378)

NRS 333.375 Awardof contract to organization or agency for training and employment of personswith mental or physical disabilities.

1. The provisions of NRS331.100 notwithstanding, the Purchasing Division may award withoutaccepting competitive bids a contract for services or the purchase ofcommodities to organizations or agencies whose primary purpose is the trainingand employment of persons with a mental or physical disability, including,without limitation, a community-based training center for the care and trainingof mentally and functionally retarded persons described in chapter 435 of NRS.

2. An organization or agency that wishes to submit abid for such a contract must establish a fair-market price for those servicesor commodities by conducting a market survey and must include the survey withthe bid submitted to the Purchasing Division.

(Added to NRS by 1987, 1641; A 2001, 1536)

NRS 333.380 Rulesof Chief to provide procedure for unscheduled or emergency purchases andpurchases with money from State Purchasing Fund. Rulesof the Chief must provide the procedure for:

1. The purchase of commodities not scheduled underthis chapter.

2. Emergency purchases, defining emergencies andstating the conditions under which emergency purchases may be made, by anagency not specifically authorized by statute to establish its own procedurefor emergency purchases.

3. Purchases made with money from the State PurchasingFund.

[27:333:1951](NRS A 1963, 1058; 1983, 388; 1987,1021)

NRS 333.390 Authorizationfor local purchasing: Individual orders not exceeding $5,000; orders for heavyequipment; purchases of perishable articles.

1. Except as otherwise provided in NRS 333.435, the Chief may authorize localpurchasing by using agencies, in accordance with the rules of procedure, of individualorders for items not scheduled for quantity purchasing, not to exceed $5,000for each order, except for the repair, replacement and installation of partsfor heavy equipment, not to exceed $15,000 for each order, at no higher pricesthan specified in the orders authorizing the local purchasing. The Chief mayauthorize purchasing at higher prices if perishable articles are involved andto meet other emergency requirements.

2. The prices of the local purchases must be based onconsiderations of equal service and economy as compared with those infurnishing the same items of equal quality through the regular purchasingprocedure.

3. Each authorization must:

(a) Be revocable.

(b) Specify the limit of spending for individual ordersnot to exceed $5,000, except for the repair, replacement and installation ofparts referred to in subsection 1.

(c) Specify the articles to be purchased.

(d) Be operative for not longer than 1 year after thedate of issue.

4. A using agency that receives an authorization shallkeep a record of:

(a) Its accounts and expenditures pursuant to thatauthority; and

(b) Evidence indicating that every effort has been madeto 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)

NRS 333.395 Contractswith certificated interstate or intrastate carriers of persons or property;informal quotations of rates.

1. Nothing in this chapter prohibits the Chief or ausing agency from contracting for interstate or intrastate carriage of personsor property with a certificated common or contract carrier at the rates setforth in the officially approved tariff of such carrier.

2. Nothing in this section prohibits the Chief or ausing agency from soliciting informal rate quotations.

(Added to NRS by 1969, 1057)

NRS 333.400 Purchaseof commodities out of schedule: Quotations to be obtained; exceptions.

1. Every effort shall be made to obtain quotationsfrom three or more vendors when commodities are to be purchased out ofschedule, except when standard equipment parts for which prices are establishedmust be obtained from the manufacturer of the equipment or his agent or whenthe article needed is a patented or proprietary one and therefore obtainablefrom only one source of supply.

2. Urgent requests for immediate purchasing shall bediscouraged as much as is practicable.

3. When supplies, materials and equipment urgently arerequired and time does not permit the obtaining of written quotations, theChief may obtain quotations by telephone or otherwise, but such quotationsshall be confirmed in writing, and records of all quotations so obtained shallbe made on the relative purchase requisitions.

[29:333:1951](NRS A 1963, 1059)

NRS 333.410 Quotationsto be secured from state institutions; preference to products. So far as practicable, quotations shall be secured frominstitutions of the State whenever commodities or services are to be secured ofkinds that they are prepared to supply through the labor of inmates, andpreference shall be given to the products of such institutions, price, qualityand time of delivery being considered.

[30:333:1951]

NRS 333.420 Deliveryof supplies, material and equipment: Memoranda of shipments and invoices to betransmitted by seller. Every person, firm orcorporation making or causing to be made any delivery of supplies, materials orequipment 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 officeror agency of the State, promptly shall:

1. Transmit to the agency to which such delivery ismade a memorandum of shipment, showing the number of, or other identifyingreference to, the contract or order number under which the delivery is made andcontaining a statement of the commodities shipped and the quantities thereof.

2. Submit an invoice to the Chief on the form and inthe number of copies prescribed by the Chief or under his authority.

[33:333:1951](NRS A 1963, 1059)

NRS 333.430 Cooperationof two or more departments in securing supplies: Distribution of expense. Two or more departments may unite in cooperative workalong lines germane to the functions of such departments and otherwise securefrom each other supplies; and the heads thereof may agree among themselves onthe distribution of the expense to be incurred, subject to the approval of theChief or his designated agent.

[38:333:1951](NRS A 1963, 1059)

NRS 333.435 Purchaseof prescription drugs, pharmaceutical services or medical supplies by usingagency.

1. Except as otherwise provided in subsection 2, ausing agency shall purchase prescription drugs, pharmaceutical services, ormedical supplies and related services, or any combination thereof, only throughthe Purchasing Division.

2. A using agency may, on its own behalf or incooperation with one or more other using agencies or other governmentalentities within or outside this State, purchase prescription drugs,pharmaceutical services, or medical supplies and related services from anentity other than the Purchasing Division if the using agency or using agenciesor other governmental entities, as applicable, can obtain the best value forprescription drugs, pharmaceutical services, or medical supplies and relatedservices from the other entity and the Purchasing Division is unable to matchor 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 anentity other than the Purchasing Division pursuant to subsection 2, the usingagency shall report to the Purchasing Division, within 10 days after theinitial 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 theentity that sold the using agency the prescription drugs, pharmaceuticalservices, or medical supplies and related services.

(Added to NRS by 2003, 547; A 2005, 670)

NRS 333.450 Paymentof claims for supplies, materials, equipment and services; annual assessment offee for procurement and inventory services; regulations.

1. All claims for supplies, materials, equipment andservices purchased pursuant to the provisions of this chapter must, whenapproved by the Chief, be paid in the same manner as other claims against theState are required to be paid.

2. The Chief shall annually assess each using agency afee for the procurement and inventory services provided by the PurchasingDivision to the using agency. The fee must be based on the using agencys useof the procurement and inventory services of the Purchasing Division duringpreceding years. The Chief shall adjust the formula for calculating the feeeach biennium.

3. If an agency is not a using agency, the Chief shallassess a fee of not more than the cost to the Division to process the order forthe agency.

4. The Chief may adopt regulations to carry out theprovisions 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)

NRS 333.460 Paymentby using agency by transfer or warrant. Within5 working days after the receipt of supplies, materials and equipment, eachstate officer, department, institution, board, commission or agency shallauthorize the State Controller to draw money by transfer or warrant from theusing agencys 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

NRS 333.4603 Definitions. As used in this section and NRS 333.4606 and 333.4609, unless the context otherwiserequires:

1. Postconsumer waste means a finished materialwhich would normally be disposed of as a solid waste having completed its lifecycle as a consumer item.

2. Recycled paper product means all paper andwood-pulp products containing in some combination at least 50 percent of itstotal weight:

(a) Postconsumer waste; and

(b) Secondary waste,

but does notinclude fibrous waste generated during the manufacturing process such as fibersrecovered 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 orfinished products of a manufacturing process, which has converted a virginresource into a commodity of real economic value.

(Added to NRS by 1991, 1674)

NRS 333.4606 Chiefof Purchasing Division to revise specifications for procuring goods andproducts; preference to purchase recycled products; conditions under whichbidder whose product contains postconsumer waste deemed lowest bidder.

1. The Chief shall review and revise thespecifications for procuring goods and products for the using agencies toeliminate discrimination against the procurement or purchase of recycled productswhenever the quality of a recycled product is reasonably equal to the sameproduct manufactured with virgin resources. Except for specifications whichhave been established to preserve the public health and safety, allspecifications for procurement must be established in a manner which results inthe maximum procurement and purchase of recycled products.

2. When purchasing goods and products for the usingagencies, the Chief shall give preference to recycled products if:

(a) The product meets the applicable standards;

(b) The product can be substituted for a comparablenonrecycled product; and

(c) The product costs no more than a comparablenonrecycled product.

3. When purchasing goods and products for the usingagencies, the Chief may give preference to recycled products if:

(a) The product meets the applicable standards;

(b) The product can be substituted for a comparablenonrecycled product; and

(c) The product costs no more than 5 percent more thana comparable nonrecycled product.

4. To encourage the use of postconsumer waste, abidder who manufactures a product in Nevada that contains postconsumer wasteshall 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 percenthigher than the bid of any other bidder.

5. A bidder whose product contains postconsumer wasteshall 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)

NRS 333.4609 Regulationsto give preference to purchase of recycled paper products; purchase of recycledpaper products by Chief of Purchasing Division.

1. After consultation with the State Department ofConservation and Natural Resources, the Chief shall adopt regulations governingthe bidding procedure and specifications for paper and paper products purchasedby the Purchasing Division that encourage the maximum purchase of recycledpaper products. The specifications must give preference to recycled paperproducts manufactured with the highest percentage of recycled material.

2. When purchasing any paper or paper products for useby a using agency, the Chief shall purchase recycled paper products if thespecific recycled paper product is:

(a) Available at a price not more than that of paperproducts made from virgin material;

(b) Of adequate quality; and

(c) Available to the purchaser within a reasonableperiod.

3. When purchasing any paper or paper products for useby a using agency, the Chief may purchase recycled paper products if thespecific recycled paper product is:

(a) Available at a price not more than 10 percenthigher than that of paper products made from virgin material;

(b) Of adequate quality; and

(c) Available to the purchaser within a reasonableperiod.

(Added to NRS by 1991, 1675)

PURCHASING FOR LEGISLATIVE AND JUDICIAL DEPARTMENTS,COUNTIES, MUNICIPALITIES AND DISTRICTS; FEDERAL SURPLUS PROPERTY

NRS 333.469 Useof facilities of Purchasing Division by Legislative and Judicial Departmentsand Civil Air Patrol; duties of Chief.

1. Any agency, bureau, commission or officer of the LegislativeDepartment or the Judicial Department of the State Government or the NevadaWing of the Civil Air Patrol or any squadron thereof may obtain supplies,materials and equipment on a voluntary basis through the facilities of thePurchasing Division.

2. From time to time the Chief shall issue bulletinsto all of such agencies, bureaus, commissions and officers indicating thesupplies, materials and equipment available and the prices thereof.

(Added to NRS by 1963, 488; A 1975, 338; 1983, 1900)

NRS 333.470 Useof facilities of Purchasing Division by Nevada System of Higher Education,local governments and districts; duties of Chief.

1. The Nevada System of Higher Education, localgovernments as defined in NRS 354.474,conservation districts and irrigation districts in the State of Nevada mayobtain supplies, materials and equipment on a voluntary basis through the facilitiesof the Purchasing Division.

2. The Chief shall issue bulletins from time to timeto:

(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,

indicatingthe 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 subsection1 must be so written that all suppliers of the market in the industry orbusiness concerned are given an opportunity to bid pursuant to notice asprovided 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)

NRS 333.480 Purchaseand acquisition of supplies, materials or equipment from vendor who has enteredinto agreement with General Services Administration or certain othergovernmental agencies. The Chief may purchaseor acquire on behalf of the State of Nevada, and all officers, departments,institutions, boards, commissions, schools and other agencies in the ExecutiveDepartment of the State Government, volunteer fire departments, localgovernments 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 stateofficers, departments, institutions, boards, commissions, schools, volunteerfire departments and other agencies or local governments as defined in NRS 354.474, conservation districts orirrigation districts that may be available pursuant to an agreement with avendor who has entered into an agreement with the General ServicesAdministration or another governmental agency dealing in supplies, materials,equipment or donable surplus material if:

1. The prices for the supplies, materials or equipmentnegotiated in the agreement that the Chief enters into with the vendor aresubstantially similar to the prices for those supplies, materials or equipmentthat the vendor had negotiated with the General Services Administration orother governmental agency; and

2. The Chief determines that such an agreement wouldbe 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)

NRS 333.490 Procurementand distribution of federal surplus property to eligible institutions andorganizations; creation of Surplus Property Administration Account.

1. The Chief shall secure, warehouse and distributethroughout the state federal donable surplus property to tax-supported ornonprofit schools and other health and educational institutions, toorganizations for emergency management, to volunteer fire departments, and tosuch other institutions or activities as are eligible pursuant to federal lawto acquire such property. The Chief may make such certifications, develop andsign such plans of operation, take such action and enter into such contractsand undertakings for and in the name of the State as are authorized or requiredby federal law or regulations in connection with the receipt, warehousing anddistribution of federal donable surplus property received by him. The Chief mayadopt regulations, prescribe requirements and take the necessary action toensure maximum utilization by and benefit to eligible institutions andorganizations from the federal donable surplus property. The Chief shall chargethe schools and institutions receiving donable surplus property secured throughthe Purchasing Division, the charge to be a percentage of the cost ofacquisition or of the fair value of the item requested that is sufficient torepay part or all of the cost of transportation and other costs incurred inacquisition of the property.

2. All money received by the Chief pursuant to thissection must be deposited in the State Treasury for credit to the SurplusProperty Administration Account, which is hereby created in the StatePurchasing Fund. The interest and income earned on the money in the Accountmust be credited to the Account. All expenses for the distribution of federalsurplus property must be paid from the Account as other claims against theState are paid.

3. The Chief may discontinue temporarily or terminateentirely the operation of purchasing and distributing donable surplus propertyat any time if there is not a sufficient flow of property to make continuedemployment 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)

NRS 333.495 Authorizationsto secure transfer of federal surplus property to state departments, agenciesor political subdivisions.

1. Any provision of law to the contrary notwithstanding,the governing board or, if there be none, the executive head of any statedepartment or agency or any local government as defined in NRS 354.474, conservation district orirrigation district may, by order or resolution, confer upon any officer oremployee thereof authority to secure the transfer to it of federal donablesurplus property under this chapter and agree on behalf of the State or localgovernment as defined in NRS 354.474,conservation district or irrigation district to comply with the terms andconditions of such transfers.

2. The authority conferred upon any such officer oremployee by any such order or resolution shall remain in effect unless anduntil the order or resolution is revoked and written notice of such revocationhas been received by the Chief.

(Added to NRS by 1957, 151; A 1963, 1062; 1975, 250)

PROHIBITIONS AND PENALTIES

NRS 333.800 Prohibitedacts by bidders before award of contract; penalty.

1. Before a contract is awarded, a person who hasprovided 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 orbusiness opportunity to, or engage in a discussion of future employment orbusiness opportunity with, the Chief, a purchasing officer or an employee ofthe using agency for which the contract is being offered;

(b) Offer, give or promise to offer or give money, agratuity or any other thing of value to the Chief, a purchasing officer or anemployee of the using agency for which the contract is being offered; or

(c) Solicit or obtain any proprietary informationregarding the contract from the Chief, a purchasing officer or an employee ofthe using agency for which the contract is being offered.

2. A person who violates any of the provisions ofsubsection 1 is guilty of a gross misdemeanor and shall be punished by imprisonmentin 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 revisionfor NRS 333.497)

NRS 333.810 Purchasesand contracts made contrary to provisions of chapter void; liability of stateofficers and employees.

1. Any purchase and any contract for the purchase ofany supplies, materials or equipment, made or entered into by any stateofficer, department, institution, board, commission or agency contrary to theprovisions of this chapter and the rules and regulations of the Chiefpromulgated pursuant thereto, shall be void; but the head of the using agencyand the employee who actually made such purchase or entered into such contractshall be personally liable for the costs of any supplies, materials orequipment delivered pursuant to such purchase or contract.

2. Any contract made with any person, firm orcorporation shall be void if any member, officer or employee of any usingagency taking part in the making of such contract is also an officer oremployee or owner of a substantial part or interest in such firm orcorporation.

[48:333:1951](NRS A 1963, 1062)(Substituted inrevision for NRS 333.500)

NRS 333.820 Purchaseof information system or system of communication for use by response agency.

1. On and after October 1, 2005, the Chief, thePurchasing Division or a using agency shall not purchase an information systemor system of communication for use by a response agency unless the systemcomplies with the plan established pursuant to subsection 5 of NRS 239C.160.

2. On and after October 1, 2005, any grant or othermoney received by the Chief, the Purchasing Division or a using agency from theFederal Government for the purchase of an information system or system ofcommunication for use by a response agency must not be used to purchase such asystem unless the system complies with the plan established pursuant tosubsection 5 of NRS 239C.160.

3. As used in this section:

(a) Information system has the meaning ascribed to itin NRS 239C.060.

(b) Response agency has the meaning ascribed to it inNRS 239C.080.

(c) System of communication has the meaning ascribedto it in NRS 239C.100.

(Added to NRS by 2003, 2463; A 2005, 932)

 

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.