Senate Bill No. 280–Senator Tiffany

 

March 13, 2003

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions governing awarding of state purchasing contracts. (BDR 27‑846)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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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 state purchasing; requiring certain considerations regarding local bidders in awarding state 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 333.335 is hereby amended to read as follows:

1-2  333.335  1.  Each proposal must be evaluated by:

1-3  (a) The chief of the using agency, or a committee appointed by

1-4  the chief of the using agency in accordance with the regulations

1-5  adopted pursuant to NRS 333.135, if the proposal is for a using

1-6  agency; or

1-7  (b) The Chief of the Purchasing Division, or a committee

1-8  appointed by the Chief in accordance with the regulations adopted

1-9  pursuant to NRS 333.135, if he is responsible for administering the

1-10  proposal.

1-11      2.  A committee appointed pursuant to subsection 1 must

1-12  consist of not less than two members. A majority of the members of

1-13  the committee must be state officers or employees. The committee

1-14  may include persons who are not state officers or employees and

1-15  possess expert knowledge or special expertise that the chief of the

1-16  using agency or the Chief of the Purchasing Division determines is

1-17  necessary to evaluate a proposal. The members of the committee are

1-18  not entitled to compensation for their service on the committee,

1-19  except that members of the committee who are state officers or

2-1  employees are entitled to receive their salaries as state officers and

2-2  employees. No member of the committee may have a financial

2-3  interest in a proposal.

2-4  3.  In making an award, the chief of the using agency, the Chief

2-5  of the Purchasing Division or each member of the committee, if a

2-6  committee is established, shall consider and assign a score for each

2-7  of the following factors for determining whether the proposal is in

2-8  the best interests of the State of Nevada:

2-9  (a) The experience and financial stability of the person

2-10  submitting a proposal;

2-11      (b) Whether the proposal complies with the requirements of the

2-12  request for proposals as prescribed in NRS 333.311;

2-13      (c) The price of the proposal; and

2-14      (d) Any other factor disclosed in the request for proposals.

2-15      4.  The chief of the using agency, the Chief of the Purchasing

2-16  Division or the committee, if a committee is established, shall

2-17  determine the relative weight of each factor set forth in subsection 3

2-18  before a request for proposals is advertised. The weight of each

2-19  factor must not be disclosed before the date proposals are required

2-20  to be submitted.

2-21      5.  In evaluating the total scores assigned to a local bidder and

2-22  a competing bidder pursuant to subsection 3, a proposal submitted

2-23  by a local bidder shall be deemed to be in the best interest of the

2-24  State if the total score of the competing bidder is not 5 percent

2-25  better than the local bidder. As used in this subsection:

2-26      (a) “Local bidder” means a person who submits with his

2-27  proposal an affidavit from a certified public accountant setting

2-28  forth that the person submitting the proposal has paid taxes

2-29  imposed by this state or a political subdivision of this state during

2-30  the 2 years immediately preceding the submitting of the proposal;

2-31  and

2-32      (b) “Competing bidder” means a person who submits a

2-33  proposal other than a local bidder.

2-34      6.  The chief of the using agency, the Chief of the Purchasing

2-35  Division or the committee, if a committee is established, shall award

2-36  the contract based on the best interests of the State, as determined by

2-37  the total scores assigned pursuant to subsection 3[,] and in

2-38  compliance with subsection 5, and is not required to accept the

2-39  lowest-priced proposal.

2-40      [6.] 7.  Each proposal evaluated pursuant to the provisions of

2-41  this section is confidential and may not be disclosed until the

2-42  contract is awarded.

2-43      Sec. 2.  This act becomes effective on July 1, 2003.

 

2-44  H