(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 427–Assemblyman Hettrick

 

March 19, 2001

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to contracts for state purchasing. (BDR 27‑694)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

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

1-2  new section to read as follows:

1-3    Each request for proposals must include minimum requirements that

1-4  the successful bidder must meet for the awarding of a contract pursuant

1-5  to the provisions of this chapter. A contract may not be awarded to a

1-6  bidder who does not comply with the requirements set forth in the request

1-7  for proposals.

1-8    Sec. 2.  NRS 333.335 is hereby amended to read as follows:

1-9    333.335  1.  Each proposal must be evaluated by:

1-10    (a) The chief of the using agency, or a committee appointed by the chief

1-11  of the using agency in accordance with the regulations adopted pursuant to

1-12  NRS 333.135, if the proposal is for a using agency; or

1-13    (b) The chief of the purchasing division, or a committee appointed by

1-14  the chief in accordance with the regulations adopted pursuant to NRS

1-15  333.135, if he is responsible for administering the proposal.

1-16    2.  A committee appointed pursuant to subsection 1 must consist of not

1-17  less than two members. A majority of the members of the committee must

1-18  be state officers or employees. The committee may include persons who

1-19  are not state officers or employees and possess expert knowledge or special

1-20  expertise that the chief of the using agency or the chief of the purchasing

1-21  division determines is necessary to evaluate a proposal. The members of

1-22  the committee are not entitled to compensation for their service on the

1-23  committee, except that members of the committee who are state officers or

2-1  employees are entitled to receive their salaries as state officers and

2-2  employees. No member of the committee may have a financial interest in a

2-3  proposal.

2-4    3.  In making an award, the chief of the using agency, the chief of the

2-5  purchasing division or each member of the committee, if a committee is

2-6  established, shall consider and assign a score for each of the following

2-7  factors for determining whether the proposal is in the best interests of the

2-8  State of Nevada:

2-9    (a) The experience and financial stability of the person submitting a

2-10  proposal;

2-11    (b) Whether the proposal [conforms] complies with the [terms]

2-12  requirements of the request for proposals[;] as prescribed in section 1 of

2-13  this act;

2-14    (c) The price of the proposal; and

2-15    (d) Any other factor disclosed in the request for proposals.

2-16    4.  The chief of the using agency, the chief of the purchasing division

2-17  or the committee, if a committee is established, shall determine the relative

2-18  weight of each factor set forth in subsection 3 before a request for

2-19  proposals is advertised. The weight of each factor must not be disclosed

2-20  before the date proposals are required to be submitted.

2-21    5.  The chief of the using agency, the chief of the purchasing division

2-22  or the committee, if a committee is established, shall award the contract

2-23  based on the best interests of the state , as determined by the total scores

2-24  assigned pursuant to subsection 3,and is not required to accept the

2-25  lowest-priced proposal.

2-26    6.  Each proposal evaluated pursuant to the provisions of this section is

2-27  confidential and may not be disclosed until the contract is awarded.

2-28    Sec. 3.  This act becomes effective on July 1, 2001.

 

2-29  H