ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting section 1, renumbering sec. 2 as sec. 5, and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
“Section 1. Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:
For the purpose of awarding a contract pursuant to this chapter, if a person who submits a bid or proposal:
1. Is a resident of a state other than the State of Nevada; and
2. That other state, with respect to contracts awarded by that other state or agencies of that other state, applies to bidders or contractors who are residents of that state a preference which is not afforded to bidders or contractors who are residents of the State of Nevada,
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the person or entity
responsible for awarding the contract pursuant to this chapter shall, insofar
as is practicable, increase the person’s bid or proposal by an amount that is
substantially equivalent to the preference that the other state of which the
person is a resident denies to bidders or contractors who are residents of the
State of Nevada.
Sec. 2. NRS 333.310 is hereby amended to read as follows:
333.310 1. An advertisement must contain a general description of the classes of commodities or services for which a bid or proposal is wanted and must state:
(a) The name and location of the department, agency, local government, district or institution for which the purchase is to be made.
(b) Where and how specifications and quotation forms may be obtained.
(c) If the advertisement is for bids, whether the Chief is authorized by the using agency to be supplied to consider a bid for an article that is an alternative to the article listed in the original request for bids if:
(1) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;
(2) The purchase of the alternative article results in a lower price; and
(3) The Chief deems the purchase of the alternative article to be in the best interests of the State of Nevada.
(d) A summary of the provisions of section 1 of this act.
(e) The date and time not later than which responses must be received by the Purchasing Division.
[(e)](f) The date and time when responses will be opened.
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The Chief or his designated agent shall approve the copy for
the advertisement.
2. Each advertisement must be published in at least one newspaper of general circulation in the State. The selection of the newspaper to carry the advertisement must be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation.
Sec. 3. 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] the proposal;
(b) Whether the proposal complies with the requirements of the request for proposals as prescribed in NRS 333.311;
(c) The price of the proposal [;] including the imposition of an inverse preference described in section 1 of this act, if applicable; 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. 4. NRS 333.340 is hereby amended to read as follows:
333.340 1. Every contract or order for goods must be awarded to the lowest responsible bidder. To determine the lowest responsible bidder, the Chief : [may consider:]
(a) Shall consider, if applicable, the imposition of the inverse preference described in section 1 of this act.
(b) May consider:
(1) The location of the using agency to be supplied.
[(b)](2) The qualities of the articles to be supplied.
[(c)](3) The total cost of ownership of the articles to be supplied.
[(d)](4) Except as otherwise provided in [paragraph (e),] subparagraph (5), the conformity of the articles to be supplied with the specifications.
[(e)](5) If the articles are an alternative to the articles listed in the original request for bids, whether the advertisement for bids included a statement that bids for an alternative article will be considered if:
[(1)](I) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;
[(2)](II) The purchase of the alternative article results in a lower price; and
[(3)](III) The Chief deems the purchase of the alternative article to be in the best interests of the State of Nevada.
[(f)](6) The purposes for which the articles to be supplied are required.
[(g)](7) The dates of delivery of the articles to be supplied.
2. If a contract or an order is not awarded to the lowest bidder, the Chief shall provide the lowest bidder with a written statement which sets forth the specific reasons that the contract or order was not awarded to him.
3. As used in this section, “total cost of ownership” includes, but is not limited to:
(a) The history of maintenance or repair of the articles;
(b) The cost of routine maintenance and repair of the articles;
(c) Any warranties provided in connection with the articles;
(d) The cost of replacement parts for the articles; and
(e) The value of the articles as used articles when given in trade on a subsequent purchase.”.
Amend the title of the bill to read as follows:
“AN ACT relating to state purchasing; imposing in certain circumstances an inverse preference with respect to bids and proposals submitted by bidders and contractors who are residents of another state; and providing other matters properly relating thereto.”.