Assembly Bill No. 639–Committee on Government Affairs

(On Behalf of Douglas County)

March 22, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions regarding advertisement of contracts and solicitation of bids for purchases by certain local governments. (BDR 27-591)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to purchasing by local governments; increasing under certain circumstances the threshold for the size of a contract that is subject to the requirements concerning the advertisement of contracts and solicitation of bids; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 332 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Except as otherwise provided by specific statute:

1-4 (a) If a local government that is located in a county whose population

1-5 is less than 100,000 has annual appropriated expenditures of $1,000,000

1-6 or more, the governing body of the local government or its authorized

1-7 representative shall advertise all contracts for which the estimated

1-8 amount required to perform the contract exceeds $25,000.

1-9 (b) Except as otherwise provided in paragraph (d), such a governing

1-10 body or its authorized representative may enter into a contract of any

1-11 nature without advertising if the estimated amount required to perform

1-12 the contract is $25,000 or less.

1-13 (c) If the estimated amount required to perform the contract is more

1-14 than $5,000 but not more than $25,000, requests for bids must be

1-15 submitted to two or more persons capable of performing the contract, if

1-16 available. The governing body or its authorized representative shall

2-1 maintain a record of all requests for bids and all bids received for the

2-2 contract for at least 7 years after the date on which the contract was

2-3 executed.

2-4 (d) If the governing body or its authorized representative intends to

2-5 award a contract for which the estimated amount required to perform the

2-6 contract is more than $10,000 but not more than $25,000, the governing

2-7 body or its authorized representative shall publish a notice that sets forth:

2-8 (1) The date on which the contract may be awarded;

2-9 (2) The estimated amount for which the contract may be awarded;

2-10 (3) The general purpose for which the contract may be awarded;

2-11 and

2-12 (4) Information regarding the manner in which a contractor may

2-13 have his name placed on a list maintained by the local government of

2-14 properly licensed contractors who are interested in receiving offers from

2-15 the local government to bid on contracts.

2-16 The notice required pursuant to this paragraph must be published in a

2-17 newspaper published and having general circulation within the county

2-18 wherein the local government, or a major portion thereof, is situated. If

2-19 no such newspaper is published in the county, then publication must be

2-20 in any newspaper published in the state having general circulation in the

2-21 county.

2-22 2. Nothing in this section prohibits a governing body or its

2-23 authorized representative from advertising for or requesting bids

2-24 regardless of the estimated amount to perform the contract.

2-25 Sec. 2. NRS 332.035 is hereby amended to read as follows:

2-26 332.035 1. Except as otherwise provided by specific statute:

2-27 (a) [A governing body or its authorized representative] If a local

2-28 government that is located in a county whose population is less than

2-29 100,000 has annual appropriated expenditures of less than $1,000,000,

2-30 the governing body of the local government or its authorized

2-31 representative shall advertise all contracts for which the estimated amount

2-32 required to perform the contract exceeds $10,000.

2-33 (b) Such a governing body or its authorized representative may enter

2-34 into a contract of any nature without advertising if the estimated amount

2-35 required to perform the contract is $10,000 or less.

2-36 (c) If the estimated amount required to perform the contract is more than

2-37 $5,000 but not more than $10,000, requests for bids must be submitted to

2-38 two or more persons capable of performing the contract, if available. The

2-39 governing body or its authorized representative shall maintain a permanent

2-40 record of all requests for bids and all bids received.

2-41 2. Nothing in this section prohibits a governing body or its authorized

2-42 representative from advertising for or requesting bids regardless of the

2-43 estimated amount to perform the contract.

3-1 Sec. 3. NRS 332.045 is hereby amended to read as follows:

3-2 332.045 1. The advertisement required by paragraph (a) of

3-3 subsection 1 of NRS 332.035 and NRS 332.039 and paragraph (a) of

3-4 subsection 1 of section 1 of this act must be published at least once and not

3-5 less than 7 days before the opening of bids. The advertisement must be by

3-6 notice to bid, and must be published in a newspaper published and having

3-7 general circulation within the county wherein the local government, or a

3-8 major portion thereof, is situated. If no such newspaper is published in the

3-9 county, then publication must be in any newspaper published in the state

3-10 having general circulation in the county.

3-11 2. The notice must state:

3-12 (a) The nature, character or object of the contract.

3-13 (b) If plans and specifications are to constitute part of the contract,

3-14 where the plans and specifications may be seen.

3-15 (c) The time and place where bids will be received and opened.

3-16 (d) Such other matters as may properly pertain to giving notice to bid.

3-17 Sec. 4. This act becomes effective on July 1, 1999.

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