Assembly Bill No. 86–Committee on Government Affairs

 

(On Behalf of the Nevada League of
Cities and Municipalities)

 

February 13, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions concerning purchasing contracts of certain local governments. (BDR 27‑338)

 

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 purchasing by local governments; revising the provisions pursuant to which certain local governments advertise and award contracts; 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 332.036 is hereby amended to read as follows:

1-2  332.036  1.  Except as otherwise provided by specific statute[:

1-3  (a) If] , if a local government [that] is located in a county whose

1-4  population is less than 100,000 [has annual appropriated

1-5  expenditures of $1,000,000 or more, the] or if a local government is

1-6  a city whose population is less than 25,000 located in any county:

1-7  (a) The governing body of the local government or its

1-8  authorized representative shall advertise all contracts for which the

1-9  estimated amount required to perform the contract exceeds

1-10  [$25,000.

1-11      (b) Except as otherwise provided in paragraph (d), such a]

1-12  $100,000.

1-13      (b) The governing body or its authorized representative may

1-14  enter into a contract of any nature without advertising if the

2-1  estimated amount required to perform the contract is [$25,000 or

2-2  less.] less than $10,000.

2-3  (c) If the estimated amount required to perform the contract is

2-4  [more than $5,000] $10,000 or more but not more than $25,000, the

2-5  governing body or its authorized representative must submit

2-6  requests for bids [must be submitted] to two or more persons

2-7  capable of performing the contract, if available. The governing body

2-8  or its authorized representative shall maintain a record of all

2-9  requests for bids and all bids received for the contract for at least 7

2-10  years after the date on which the contract was executed.

2-11      (d) If the governing body or its authorized representative intends

2-12  to award a contract for which the estimated amount required to

2-13  perform the contract is more than [$10,000] $25,000 but not more

2-14  than [$25,000,] $100,000, the governing body or its authorized

2-15  representative shall publish a notice that sets forth:

2-16          (1) The date on which the contract may be awarded;

2-17          (2) The estimated amount for which the contract may be

2-18  awarded;

2-19          (3) The general purpose for which the contract may be

2-20  awarded; and

2-21          (4) Information regarding the manner in which a contractor

2-22  may have his name placed on a list maintained by the local

2-23  government of properly licensed contractors who are interested

2-24  in receiving offers from the local government to bid on

2-25  contracts.

2-26  The notice required pursuant to this paragraph must be published in

2-27  a newspaper published and having general circulation within the

2-28  county wherein the local government, or a major portion thereof, is

2-29  situated. If no such newspaper is published in the county, then

2-30  publication must be in any newspaper published in the state having

2-31  general circulation in the county.

2-32      2.  Nothing in this section prohibits a governing body of a local

2-33  government described in subsection 1 or its authorized

2-34  representative from advertising for or requesting bids regardless of

2-35  the estimated amount to perform the contract.

2-36      Sec. 2.  NRS 332.045 is hereby amended to read as follows:

2-37      332.045  1.  The advertisement required by [paragraph (a) of

2-38  subsection 1 of NRS 332.035,] paragraph (a) of subsection 1 of

2-39  NRS 332.036 and NRS 332.039 must be published at least once and

2-40  not less than 7 days before the opening of bids. The advertisement

2-41  must be by notice to bid, and must be published in a newspaper

2-42  published and having general circulation within the county wherein

2-43  the local government, or a major portion thereof, is situated. If no

2-44  such newspaper is published in the county, then publication must be

3-1  in any newspaper published in the state having general circulation in

3-2  the county.

3-3  2.  The notice must state:

3-4  (a) The nature, character or object of the contract.

3-5  (b) If plans and specifications are to constitute part of the

3-6  contract, where the plans and specifications may be seen.

3-7  (c) The time and place where bids will be received and opened.

3-8  (d) Such other matters as may properly pertain to giving notice

3-9  to bid.

3-10      Sec. 3.  NRS 332.035 is hereby repealed.

 

3-11  TEXT OF REPEALED SECTION

 

3-12      332.035  Contracts in county whose population is less than

3-13   100,000 and whose annual appropriated expenditures are less

3-14   than $1,000,000.

3-15      1.  Except as otherwise provided by specific statute:

3-16      (a) If a local government that is located in a county whose

3-17   population is less than 100,000 has annual appropriated

3-18   expenditures of less than $1,000,000, the governing body of the

3-19   local government or its authorized representative shall advertise all

3-20   contracts for which the estimated amount required to perform the

3-21   contract exceeds $10,000.

3-22      (b) Such a governing body or its authorized representative may

3-23   enter into a contract of any nature without advertising if the

3-24   estimated amount required to perform the contract is $10,000 or

3-25   less.

3-26      (c) If the estimated amount required to perform the contract is

3-27   more than $5,000 but not more than $10,000, requests for bids must

3-28   be submitted to two or more persons capable of performing the

3-29   contract, if available. The governing body or its authorized

3-30   representative shall maintain a permanent record of all requests for

3-31   bids and all bids received.

3-32      2.  Nothing in this section prohibits a governing body or its

3-33   authorized representative from advertising for or requesting bids

3-34   regardless of the estimated amount to perform the contract.

 

3-35  H