[Rev. 11/21/2013 10:53:29 AM--2013]

CHAPTER 334 - PURCHASING: GENERALLY

NRS 334.010           State automobiles: Purchase; use; identification; penalty.

NRS 334.020           Purchase of supplies or services for state boards or commissions by officers or employees; limitations; allowance of claims.

NRS 334.025           Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations for training and employment of persons with mental or physical disabilities.

NRS 334.030           Purchase of governmental surplus property by other governmental entities.

NRS 334.040           Transfer and sale of state surplus supplies, materials or equipment; deposit of proceeds by Administrator of Purchasing Division.

NRS 334.050           Statutory authorization required for lease, purchase or acquisition of real property.

NRS 334.060           Purchase of insurance or establishment of self-insurance reserve or fund to protect public property.

NRS 334.070           Lease of property to promote conservation of energy; hearing.

NRS 334.080           State or local governmental officer or employee required to refuse and report certain offers or promises from bidders on contracts and prohibited from offering or providing certain information to bidders.

_________

_________

 

      NRS 334.010  State automobiles: Purchase; use; identification; penalty.

      1.  No automobile may be purchased by any department, office, bureau, officer or employee of the State without prior written consent of the State Board of Examiners.

      2.  All such automobiles must be used for official purposes only.

      3.  All such automobiles, except:

      (a) Automobiles maintained for and used by the Governor;

      (b) Automobiles used by or under the authority and direction of the Chief Parole and Probation Officer, the State Contractors’ Board and auditors, the State Fire Marshal, the Investigation Division of the Department of Public Safety, the investigators of the State Gaming Control Board, the investigators of the Securities Division of the Office of the Secretary of State and the investigators of the Attorney General;

      (c) One automobile used by the Department of Corrections;

      (d) Two automobiles used by the Caliente Youth Center;

      (e) Three automobiles used by the Nevada Youth Training Center; and

      (f) Four automobiles used by the Youth Parole Bureau of the Division of Child and Family Services of the Department of Health and Human Services,

Ê must be labeled by painting the words “State of Nevada” and “For Official Use Only” on the automobiles in plain lettering. The Director of the Department of Administration or a representative of the Director shall prescribe the size and location of the label for all such automobiles.

      4.  Any officer or employee of the State of Nevada who violates any provision of this section is guilty of a misdemeanor.

      [Part 1:7:1933; A 1947, 422; 1949, 360; 1953, 45; 1955, 543] + [2:7:1933; 1931 NCL § 6941.02]—(NRS A 1957, 62, 743; 1959, 782; 1961, 383, 627; 1963, 693; 1965, 314; 1967, 165; 1969, 129; 1971, 167; 1973, 84, 289; 1975, 61, 566; 1977, 289; 1979, 74, 881; 1981, 1189, 2013; 1985, 1984; 1989, 1959; 1991, 2127; 1993, 31, 1566; 1995, 579; 2001, 2598; 2001 Special Session, 236; 2003, 289)

      NRS 334.020  Purchase of supplies or services for state boards or commissions by officers or employees; limitations; allowance of claims.

      1.  Except as otherwise provided in subsection 2, no officer or employee of the State shall purchase on the credit of the State any article of supplies, goods, wares or merchandise or obtain any services to be rendered by any person for the State, except by express permission and written authority previously obtained from the board or commission, or a majority of the members thereof, having control and supervision of the department or office for which such purchase is made or the services are rendered.

      2.  The provisions of subsection 1 shall not apply where such officer or employee has specific authority to purchase or obtain services conferred upon him or her by statute.

      3.  The State Board of Examiners shall not allow nor shall the State Treasurer pay any claim of any person for goods sold or services rendered unless the same were sold or rendered in accordance with the provisions of this section.

      [1:104:1895; C § 2036; RL § 4476; NCL § 6946] + [2:104:1895; C § 2037; RL § 4477; NCL § 6947]

      NRS 334.025  Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations for training and employment of persons with mental or physical disabilities.

      1.  The Rehabilitation Division of the Department of Employment, Training and Rehabilitation shall establish and administer a Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations.

      2.  The Program may include:

      (a) A method for assisting an agency that wishes to purchase commodities or services from an organization to locate such commodities and services that meet the needs of the agency;

      (b) A method for assisting an organization to locate an agency that wishes to purchase commodities or services from organizations;

      (c) A method for encouraging agencies to purchase commodities and services from organizations;

      (d) A method to review objections to an award of a contract to an organization, which method must be limited to a review of the process used for awarding the contract to ensure that the appropriate procedures were followed in awarding the contract;

      (e) The establishment of a percentage, not to exceed 4 percent, of the full amount of payment to an organization which is awarded a contract for all commodities and services to be provided to the agency pursuant to the contract that is sufficient to pay the cost to the Rehabilitation Division of establishing and administering the Program; and

      (f) A method for collecting information from an agency in a report to the Rehabilitation Division, which report may include, without limitation:

             (1) The number of persons with mental or physical disabilities currently employed at the agency; and

             (2) The number of contracts the agency has entered into pursuant to the Program which are currently in effect and a list of the organizations with which the agency has entered such contracts.

      3.  An organization that wishes to participate in the Program must register with the Rehabilitation Division on a form prescribed by the Administrator before contacting any agency concerning entering into a contract pursuant to the Program.

      4.  In administering the Program, the Rehabilitation Division shall, upon request of an agency or organization, assist the agency or organization in establishing a contract for the purchase of commodities or services.

      5.  A contract entered into pursuant to the Program must provide for a payment to the Rehabilitation Division in an amount equal to the full amount of payment to the organization for all commodities and services to be provided to the agency pursuant to the contract multiplied by the percentage established pursuant to paragraph (e) of subsection 2.

      6.  An organization that has entered into a contract with an agency pursuant to the Program shall report quarterly to the Rehabilitation Division, on a form prescribed by the Administrator, such information as the Rehabilitation Division deems necessary to administer the Program.

      7.  The Administrator may adopt regulations to carry out the provisions of this section.

      8.  As used in this section:

      (a) “Administrator” means the Administrator of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.

      (b) “Agency” means a local government as defined in NRS 332.015 and using agencies as defined in NRS 333.020.

      (c) “Organization” means an organization that is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3) whose primary purpose is the training and employment of persons with mental or physical disabilities, including, without limitation, a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive.

      (Added to NRS by 2001, 1536; A 2005, 1443; 2007, 2494, 2495; 2009, 2238)

      NRS 334.030  Purchase of governmental surplus property by other governmental entities.

      1.  The purpose of this section is to permit any governmental entity to take full advantage of the available surplus properties of any other governmental entity.

      2.  Any governmental entity may enter into any contract with any other governmental entity for the purchase of any equipment, supplies, materials or other property, real or personal, without regard to provisions of law which require:

      (a) The posting of notices or public advertising for bids or of expenditures.

      (b) The inviting or receiving of competitive bids.

      (c) The delivery of purchases before payment, and without regard to any provision of law which would, if observed, defeat the purpose of this section.

      3.  In making any such contract or purchase the purchaser is authorized to accept any condition imposed pursuant to federal, state or local law as a part of the contract.

      4.  The governing body or executive authority, as the case may be, of any governmental entity may designate by appropriate resolution or order any officeholder or employee of its own to enter a bid or bids in its behalf at any sale of any equipment, supplies, material or other personal property, owned by any other governmental entity and may authorize that person to make any down payment or payment in full required in connection with such bidding.

      5.  Any provisions of any law, charter, ordinance, resolution, bylaws, rule or regulation which are inconsistent with the provisions of this section are suspended to the extent such provisions are inconsistent herewith.

      [1:43:1945; 1943 NCL § 5190] + [2:43:1945; 1943 NCL § 5190.01] + [3:43:1945; 1943 NCL § 5190.02]—(NRS A 1979, 98)

      NRS 334.040  Transfer and sale of state surplus supplies, materials or equipment; deposit of proceeds by Administrator of Purchasing Division.

      1.  The Administrator of the Purchasing Division of the Department of Administration may, upon the request of a state agency, transfer any surplus supplies, materials or equipment of another state agency to the requesting state agency without cost to the requesting state agency.

      2.  The Administrator of the Purchasing Division may sell any surplus supplies, materials or equipment which is not transferred to a state agency pursuant to the provisions of subsection 1. Unless otherwise authorized by the Director of the Department of Administration, the proceeds of the sale must be deposited in the fund from which the money to purchase the supplies, materials or equipment was expended.

      [1:187:1913; 1919 RL p. 3057; NCL § 7075] + [2:187:1913; 1919 RL p. 3057; NCL § 7076]—(NRS A 1999, 1644)

      NRS 334.050  Statutory authorization required for lease, purchase or acquisition of real property.  Unless otherwise provided by law, no state department, division, bureau, commission, board, authority or agency, and no state officer, commissioner, representative of the State, or other state employee acting by, for, or on account of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public funds, whether the funds are funds received from the Federal Government or any branch or agency thereof, or from private or any other sources, and whether or not its funds are deposited in the State Treasury, may lease, purchase or enter into any contract for the purchase of, or receive or acquire by gift, grant, devise or in any other manner, any real property.

      (Added to NRS by 1960, 61)

      NRS 334.060  Purchase of insurance or establishment of self-insurance reserve or fund to protect public property.  The State and any political subdivision or other governmental entity in this state may insure its property against the risk of damage or destruction, by purchase of a policy of insurance or by establishing a self-insurance reserve or fund, or a combination thereof.

      (Added to NRS by 1977, 391)

      NRS 334.070  Lease of property to promote conservation of energy; hearing.

      1.  The governing body or executive authority of any public body may enter into a contract to lease property which the public body owns or which is assigned to it for administration:

      (a) At a reduced rate in return for the right to purchase energy at a reduced rate; or

      (b) Whereby the lessee agrees to construct a facility designed to conserve energy on the property and thereafter lease the property back to the governing body.

      2.  The governing body or executive authority may enter into a contract pursuant to subsection 1 if it finds that the contract would:

      (a) Promote the conservation of energy and reduce the use of fossil fuels;

      (b) Promote the use of types of energy which are alternatives to fossil fuels; and

      (c) Result in a reduction in the amount of money spent for the energy used by the public body, which reduction is equal to or greater than the amount of money by which the rate of the lease is reduced below market value.

      3.  A public hearing must be held before a contract is entered into pursuant to subsection 1. A notice which includes at least the time, location and agenda of the hearing must be:

      (a) Posted at the principal office of the public body or the building in which the hearing is to be held; and

      (b) Published in a paper of general circulation within the jurisdiction of the public body at least once a week for 2 weeks,

Ê not less than 2 weeks before the hearing.

      4.  For the purposes of this section:

      (a) “Facility designed to conserve energy” includes any work or improvement which operates to reduce the use of fossil fuel and use energy more efficiently, including equipment used in the production of alternative sources of energy, for cogeneration and for the maintenance and management of loads.

      (b) “Public body” means the State or a county, city, town, school district or any public agency of this state or its political subdivisions.

      (Added to NRS by 1983, 1248)

      NRS 334.080  State or local governmental officer or employee required to refuse and report certain offers or promises from bidders on contracts and prohibited from offering or providing certain information to bidders.

      1.  An officer or employee of the State or a local government who receives an offer or promise of future employment, a business opportunity, money, a gratuity or any other thing of value from a person who has provided a bid or proposal on a contract for supplies, materials, equipment or services to be awarded by the State or local government or from an officer, employee, representative, agent or consultant of such a person shall:

      (a) Refuse the offer or promise; and

      (b) Within 72 hours after receiving the offer or promise, report the occurrence to his or her immediate supervisor or, if he or she does not have an immediate supervisor, to the administrative head of the agency by which he or she is employed. The requirement to report such an offer or promise pursuant to this paragraph applies regardless of whether the offer or promise is subsequently withdrawn.

      2.  Before a contract for supplies, materials, equipment or services is awarded by the State or a local government, an officer or employee of the State or local government shall not offer or provide to a person who has bid on the contract:

      (a) Any proprietary information regarding the contract; or

      (b) Any information regarding a bid on the contract submitted by another person, unless such information is available to the general public.

      3.  An officer or employee of the State or a local government who violates the provisions of subsection 1 or 2 is subject to disciplinary action.

      4.  As used in this section:

      (a) “Local government” means any political subdivision of the State, including, without limitation, a county, city, town, school district, general improvement district or other district.

      (b) “State” means the State of Nevada or any board, commission, department or other agency or instrumentality thereof.

      (Added to NRS by 2007, 2469)