Assembly Bill No. 427–Assemblyman Hettrick

 

CHAPTER..........

 

AN ACT relating to state purchasing; revising the requirements for a request for proposals for a contract for state purchasing; revising the manner in which such a contract is awarded; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. Chapter 333 of NRS is hereby amended by adding thereto a

 new section to read as follows:

   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.

   Sec. 2.  NRS 333.335 is hereby amended to read as follows:

   333.335  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 a

 proposal;

   (b) Whether the proposal [conforms] complies with the [terms]

 requirements of the request for proposals[;] as prescribed in section 1 of

 this act;

   (c) The price of the proposal; 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.

   Sec. 3.  This act becomes effective on July 1, 2001.

 

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