Assembly Bill No. 147–Assemblymen Oceguera, Claborn, Brown, Christensen, Conklin, Giunchigliani, Horne, McClain, McCleary and Pierce

 

February 14, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to purchasing by local governments. (BDR 27‑799)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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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 local governmental purchasing; providing for the consideration of the performance or delivery date in awarding contracts; exempting certain purchases of certain safety equipment for use by a local fire department or law enforcement agency from the requirements of competitive bidding; 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. NRS 332.065 is hereby amended to read as follows:

1-2  332.065  1.  If a governing body or its authorized

1-3  representative has advertised for or requested bids in letting a

1-4  contract, the governing body or its authorized representative must,

1-5  except as otherwise provided in subsection 2, award the contract to

1-6  the lowest responsive and responsible bidder. The lowest responsive

1-7  and responsible bidder [must] may be judged on the basis of [price,

1-8  conformance] :

1-9  (a) Price;

1-10      (b) Conformance to specifications[, qualifications, including,

1-11  without limitation, past performance, quality] ;

1-12      (c) Qualifications;

1-13      (d) Past performance;

2-1  (e) Performance or delivery date;

2-2  (f) Quality and utility of services, supplies, materials or

2-3  equipment offered and the adaptability of those services, supplies,

2-4  materials or equipment to the required purpose of the contract; and

2-5  [the]

2-6  (g) The best interests of the public.

2-7  2.  The governing body or its authorized representative:

2-8  (a) Shall give preference to recycled products if:

2-9       (1) The product meets the applicable standards;

2-10          (2) The product can be substituted for a comparable

2-11  nonrecycled product; and

2-12          (3) The product costs no more than a comparable

2-13  nonrecycled product.

2-14      (b) May give preference to recycled products if:

2-15          (1) The product meets the applicable standards;

2-16          (2) The product can be substituted for a comparable

2-17  nonrecycled product; and

2-18          (3) The product costs no more than 5 percent more than a

2-19  comparable nonrecycled product.

2-20      (c) May purchase recycled paper products if the specific

2-21  recycled paper product is:

2-22          (1) Available at a price which is not more than 10 percent

2-23  higher than that of paper products made from virgin material;

2-24          (2) Of adequate quality; and

2-25          (3) Available to the purchaser within a reasonable period.

2-26      3.  If , after the lowest responsive and responsible bidder has

2-27  been awarded the contract, during the term of the contract he does

2-28  not supply goods or services in accordance with the bid

2-29  specifications, or if he repudiates the contract, the governing body

2-30  or its authorized representative may reaward the contract to the next

2-31  lowest responsive and responsible bidder without requiring that new

2-32  bids be submitted. Reawarding the contract to the next lowest

2-33  responsive and responsible bidder is not a waiver of any liability of

2-34  the initial bidder awarded the contract.

2-35      4.  As used in this section:

2-36      (a) “Postconsumer waste” means a finished material which

2-37  would normally be disposed of as a solid waste having completed its

2-38  life cycle as a consumer item.

2-39      (b) “Recycled paper product” means all paper and wood-pulp

2-40  products containing in some combination at least 50 percent of its

2-41  total weight:

2-42          (1) Postconsumer waste; and

2-43          (2) Secondary waste,

2-44  but does not include fibrous waste generated during the

2-45  manufacturing process such as fibers recovered from wastewater or

3-1  trimmings of paper machine rolls, wood slabs, chips, sawdust or

3-2  other wood residue from a manufacturing process.

3-3  (c) “Secondary waste” means fragments of products or finished

3-4  products of a manufacturing process[,] which has converted a virgin

3-5  resource into a commodity of real economic value.

3-6  Sec. 2.  NRS 332.085 is hereby amended to read as follows:

3-7  332.085  In determining the responsibility of any bidder, the

3-8  governing body or its authorized representative [shall] :

3-9  1.  Shall consider the possession of and limit on any required

3-10  license of the bidder; and [may]

3-11      2.  May consider the [financial responsibility, experience,

3-12  adequacy] :

3-13      (a) Financial responsibility of the bidder;

3-14      (b) Experience of the bidder;

3-15      (c) Adequacy of the equipment[, past performance and ability]

3-16  of the bidder ;

3-17      (d) Past performance of the bidder;

3-18      (e) Performance or delivery date; and

3-19      (f) Ability of the bidder to perform the contract.

3-20      Sec. 3.  NRS 332.115 is hereby amended to read as follows:

3-21      332.115  1.  Contracts which by their nature are not adapted to

3-22  award by competitive bidding, including contracts for:

3-23      (a) Items which may only be contracted from a sole source;

3-24      (b) Professional services;

3-25      (c) Additions to and repairs and maintenance of equipment

3-26  which may be more efficiently added to, repaired or maintained by a

3-27  certain person;

3-28      (d) Equipment which, by reason of the training of the personnel

3-29  or of an inventory of replacement parts maintained by the local

3-30  government , is compatible with existing equipment;

3-31      (e) Perishable goods;

3-32      (f) Insurance;

3-33      (g) Hardware and associated peripheral equipment and devices

3-34  for computers;

3-35      (h) Software for computers;

3-36      (i) Books, library materials and subscriptions;

3-37      (j) Motor vehicle fuel purchased by a local law enforcement

3-38  agency for use in an undercover investigation;

3-39      (k) Motor vehicle fuel for use in a vehicle operated by a local

3-40  law enforcement agency or local fire department if such fuel is not

3-41  available within the vehicle’s assigned service area from a fueling

3-42  station owned by the State of Nevada or a local government;

3-43      (l) Purchases made with money in a store fund for prisoners in a

3-44  jail or local detention facility for the provision and maintenance of a

3-45  canteen for the prisoners;

4-1  (m) Supplies, materials or equipment that are available from

4-2  contracts with the General Services Administration or another

4-3  governmental agency in the regular course of its business;

4-4  (n) Items for resale through a retail outlet operated in this state

4-5  by a local government or the State of Nevada; and

4-6  (o) Goods or services purchased from organizations or agencies

4-7  whose primary purpose is the training and employment of

4-8  handicapped persons,

4-9  are not subject to the requirements of this chapter for competitive

4-10  bidding , as determined by the governing body or its authorized

4-11  representative.

4-12      2.  The purchase of equipment for use by a local law

4-13  enforcement agency in the course of an undercover investigation is

4-14  not subject to the requirements of this chapter for competitive

4-15  bidding , as determined by the governing body or its authorized

4-16  representative, if:

4-17      (a) The equipment is an electronic or mechanical device which

4-18  by design is intended to monitor and document in a clandestine

4-19  manner suspected criminal activity; or

4-20      (b) Purchasing the equipment pursuant to such requirements

4-21  would limit or compromise the use of such equipment by an agency

4-22  authorized to conduct such investigations.

4-23      3.  The purchase of personal safety equipment for use by a

4-24  local fire department or local law enforcement agency is not

4-25  subject to the requirements of this chapter for competitive bidding,

4-26  as determined by the governing body or its authorized

4-27  representative, if:

4-28      (a) The personal safety equipment will be used by personnel of

4-29  the fire department or law enforcement agency in responding to

4-30  emergencies in which the health, safety or welfare of those

4-31  personnel may be compromised, impaired or otherwise threatened;

4-32  and

4-33      (b) The cost of the personal safety equipment is comparable to

4-34  the cost of similar personal safety equipment that is available for

4-35  purchase by the public.

4-36      4.  The governing body of a hospital required to comply with

4-37  the provisions of this chapter, or its authorized representative, may

4-38  purchase goods commonly used by the hospital, under a contract

4-39  awarded pursuant to NRS 332.065, without additional competitive

4-40  bidding even if at the time the contract was awarded:

4-41      (a) The vendor supplying such goods to the person awarded the

4-42  contract was not identified as a supplier to be used by the person

4-43  awarded the contract; or

 

5-1  (b) The vendor was identified as a supplier but was not

5-2  identified as the supplier of such goods.

5-3  The governing body of the hospital shall make available for public

5-4  inspection each such contract and records related to those purchases.

5-5  [4.] 5. This section does not prohibit a governing body or its

5-6  authorized representative from advertising for or requesting bids.

5-7  6.  As used in this section, “personal safety equipment” means

5-8  safety equipment that is worn or otherwise carried on a regular

5-9  basis by personnel of a fire department or law enforcement

5-10  agency. The term includes, but is not limited to, firearms, boots,

5-11  bulletproof vests or other types of body armor, protective

5-12  garments, gloves and helmets.

5-13      Sec. 4.  This act becomes effective on July 1, 2003.

 

5-14  H