Senate Bill No. 146–Committee on Government Affairs

 

(On Behalf of the Nevada Association of Counties)

 

February 18, 2003

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions governing purchasing contracts of local governments. (BDR 27‑321)

 

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 governmental purchasing; exempting from the requirements of competitive bidding an agreement between a local government and a vendor of supplies, materials or equipment that has entered into an agreement with the General Services Administration or another governmental agency located within or outside this state; authorizing a local government to join or use contracts of another state or its subdivisions; 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 332.115 is hereby amended to read as follows:

1-2  332.115  1.  Contracts which by their nature are not adapted to

1-3  award by competitive bidding, including contracts for:

1-4  (a) Items which may only be contracted from a sole source;

1-5  (b) Professional services;

1-6  (c) Additions to and repairs and maintenance of equipment

1-7  which may be more efficiently added to, repaired or maintained by a

1-8  certain person;

1-9  (d) Equipment which, by reason of the training of the personnel

1-10  or of an inventory of replacement parts maintained by the local

1-11  government is compatible with existing equipment;

2-1  (e) Perishable goods;

2-2  (f) Insurance;

2-3  (g) Hardware and associated peripheral equipment and devices

2-4  for computers;

2-5  (h) Software for computers;

2-6  (i) Books, library materials and subscriptions;

2-7  (j) Motor vehicle fuel purchased by a local law enforcement

2-8  agency for use in an undercover investigation;

2-9  (k) Motor vehicle fuel for use in a vehicle operated by a local

2-10  law enforcement agency or local fire department if such fuel is not

2-11  available within the vehicle’s assigned service area from a fueling

2-12  station owned by the State of Nevada or a local government;

2-13      (l) Purchases made with money in a store fund for prisoners in a

2-14  jail or local detention facility for the provision and maintenance of a

2-15  canteen for the prisoners;

2-16      (m) Supplies, materials or equipment that are available [from

2-17  contracts] pursuant to an agreement with a vendor that has

2-18  entered into an agreement with the General Services

2-19  Administration or another governmental agency [in the regular

2-20  course of its business;] located within or outside this state;

2-21      (n) Items for resale through a retail outlet operated in this state

2-22  by a local government or the State of Nevada; and

2-23      (o) Goods or services purchased from organizations or agencies

2-24  whose primary purpose is the training and employment of

2-25  handicapped persons,

2-26  are not subject to the requirements of this chapter for competitive

2-27  bidding as determined by the governing body or its authorized

2-28  representative.

2-29      2.  The purchase of equipment for use by a local law

2-30  enforcement agency in the course of an undercover investigation is

2-31  not subject to the requirements of this chapter for competitive

2-32  bidding if:

2-33      (a) The equipment is an electronic or mechanical device which

2-34  by design is intended to monitor and document in a clandestine

2-35  manner suspected criminal activity; or

2-36      (b) Purchasing the equipment pursuant to such requirements

2-37  would limit or compromise the use of such equipment by an agency

2-38  authorized to conduct such investigations.

2-39      3.  The governing body of a hospital required to comply with

2-40  the provisions of this chapter, or its authorized representative, may

2-41  purchase goods commonly used by the hospital, under a contract

2-42  awarded pursuant to NRS 332.065, without additional competitive

2-43  bidding even if at the time the contract was awarded:

3-1  (a) The vendor supplying such goods to the person awarded the

3-2  contract was not identified as a supplier to be used by the person

3-3  awarded the contract; or

3-4  (b) The vendor was identified as a supplier but was not

3-5  identified as the supplier of such goods.

3-6  The governing body of the hospital shall make available for public

3-7  inspection each such contract and records related to those purchases.

3-8  4.  This section does not prohibit a governing body or its

3-9  authorized representative from advertising for or requesting bids.

3-10      Sec. 2.  NRS 332.195 is hereby amended to read as follows:

3-11      332.195  1.  A governing body or its authorized representative

3-12  [and the State of Nevada] may join or use the contracts of other

3-13  local governments located within or outside this state with the

3-14  authorization of the contracting vendor. The originally contracting

3-15  local government is not liable for the obligations of the local

3-16  government which joins or uses the contract.

3-17      2.  A governing body or its authorized representative may join

3-18  or use the contracts of the State of Nevada or another state with the

3-19  authorization of the contracting vendor. The State of Nevada or

3-20  other state is not liable for the obligations of the local government

3-21  which joins or uses the contract.

3-22      Sec. 3.  This act becomes effective on July 1, 2003.

 

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