(Reprinted with amendments adopted on April 16, 2003)

 

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.

 

~

 

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 332.039 is hereby amended to read as follows:

1-2  332.039  1.  Except as otherwise provided by specific statute:

1-3  (a) A governing body or its authorized representative [in a

1-4  county whose population is 100,000 or more] shall advertise all

1-5  contracts for which the estimated amount required to perform the

1-6  contract exceeds $25,000.

1-7  (b) [Such a] A governing body or its authorized representative

1-8  may enter into a contract of any nature without advertising if the

1-9  estimated amount required to perform the contract is $25,000 or

1-10  less.

1-11      (c) If the estimated amount required to perform the contract is

1-12  more than $10,000 but not more than $25,000, requests for bids

1-13  must be submitted by the governing body or its authorized

1-14  representative to two or more persons capable of performing the

1-15  contract, if available. The governing body or its authorized

2-1  representative shall maintain a record of all requests for bids and all

2-2  bids received for the contract for at least 7 years after the date of

2-3  execution of the contract.

2-4  2.  This section does not prohibit a governing body or its

2-5  authorized representative from advertising for or requesting bids

2-6  regardless of the estimated amount to perform the contract.

2-7  Sec. 2.  NRS 332.045 is hereby amended to read as follows:

2-8  332.045  1.  The advertisement required by [paragraph (a) of

2-9  subsection 1 of NRS 332.035,] paragraph (a) of subsection 1 of

2-10  [NRS 332.036 and] NRS 332.039 must be published at least once

2-11  and not less than 7 days before the opening of bids. The

2-12  advertisement must be by notice to bid, and must be published in a

2-13  newspaper published and having general circulation within the

2-14  county wherein the local government, or a major portion thereof, is

2-15  situated. If no such newspaper is published in the county, then

2-16  publication must be in any newspaper published in the state having

2-17  general circulation in the county.

2-18      2.  The notice must state:

2-19      (a) The nature, character or object of the contract.

2-20      (b) If plans and specifications are to constitute part of the

2-21  contract, where the plans and specifications may be seen.

2-22      (c) The time and place where bids will be received and opened.

2-23      (d) Such other matters as may properly pertain to giving notice

2-24  to bid.

2-25      Sec. 3.  NRS 332.035 and 332.036 are hereby repealed.

 

2-26  TEXT OF REPEALED SECTION

 

2-27      332.035  Contracts in county whose population is less than

2-28  100,000 and whose annual appropriated expenditures are less

2-29  than $1,000,000.

2-30      1.  Except as otherwise provided by specific statute:

2-31      (a) If a local government that is located in a county whose

2-32  population is less than 100,000 has annual appropriated

2-33  expenditures of less than $1,000,000, the governing body of the

2-34  local government or its authorized representative shall advertise all

2-35  contracts for which the estimated amount required to perform the

2-36  contract exceeds $10,000.

2-37      (b) Such a governing body or its authorized representative may

2-38  enter into a contract of any nature without advertising if the

2-39  estimated amount required to perform the contract is $10,000 or

2-40  less.

3-1  (c) If the estimated amount required to perform the contract is

3-2  more than $5,000 but not more than $10,000, requests for bids must

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

3-4  contract, if available. The governing body or its authorized

3-5  representative shall maintain a permanent record of all requests for

3-6  bids and all bids received.

3-7  2.  Nothing in this section prohibits a governing body or its

3-8  authorized representative from advertising for or requesting bids

3-9  regardless of the estimated amount to perform the contract.

3-10      332.036  Contracts in county whose population is less than

3-11  100,000 and whose annual appropriated expenditures are

3-12  $1,000,000 or more.

3-13      1.  Except as otherwise provided by specific statute:

3-14      (a) If a local government that is located in a county whose

3-15  population is less than 100,000 has annual appropriated

3-16  expenditures of $1,000,000 or more, the governing body of the local

3-17  government or its authorized representative shall advertise all

3-18  contracts for which the estimated amount required to perform the

3-19  contract exceeds $25,000.

3-20      (b) Except as otherwise provided in paragraph (d), such a

3-21  governing body or its authorized representative may enter into a

3-22  contract of any nature without advertising if the estimated amount

3-23  required to perform the contract is $25,000 or less.

3-24      (c) If the estimated amount required to perform the contract is

3-25  more than $5,000 but not more than $25,000, requests for bids must

3-26  be submitted to two or more persons capable of performing the

3-27  contract, if available. The governing body or its authorized

3-28  representative shall maintain a record of all requests for bids and all

3-29  bids received for the contract for at least 7 years after the date on

3-30  which the contract was executed.

3-31      (d) If the governing body or its authorized representative intends

3-32  to award a contract for which the estimated amount required to

3-33  perform the contract is more than $10,000 but not more than

3-34  $25,000, the governing body or its authorized representative shall

3-35  publish a notice that sets forth:

3-36          (1) The date on which the contract may be awarded;

3-37          (2) The estimated amount for which the contract may be

3-38  awarded;

3-39          (3) The general purpose for which the contract may be

3-40  awarded; and

3-41          (4) Information regarding the manner in which a contractor

3-42  may have his name placed on a list maintained by the local

3-43  government of properly licensed contractors who are interested in

3-44  receiving offers from the local government to bid on

3-45  contracts.

4-1  The notice required pursuant to this paragraph must be published in

4-2  a newspaper published and having general circulation within the

4-3  county wherein the local government, or a major portion thereof, is

4-4  situated. If no such newspaper is published in the county, then

4-5  publication must be in any newspaper published in the State having

4-6  general circulation in the county.

4-7  2.  Nothing in this section prohibits a governing body or its

4-8  authorized representative from advertising for or requesting bids

4-9  regardless of the estimated amount to perform the contract.

 

4-10  H