reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.063 - Contracts for which estimated annual amount required to perform is more than $50,000 but not more than $100,000: Solicitation of responses; permissive advertisement; award.

1. Except as otherwise provided by specific statute, if the estimated annual amount required to perform a contract is more than $50,000 but not more than $100,000, the governing body or its authorized representative:
(a) Shall solicit responses from two or more persons capable of performing the contract, if such persons are available; and
(b) May advertise the contract in the manner prescribed in NRS 332.045.
2. The governing body or its authorized representative shall award such a contract on the basis of price, taking into account the minimum requirements of a responding offeror prescribed in the solicitation pursuant to NRS 332.043 and the method prescribed in that solicitation for awarding the contract.
(Added to NRS by 2019, 767)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.066 - Contract for which estimated annual amount required to perform is more than $100,000: Preference given to recycled products if method of solicitation is invitation to bid.

1. If the estimated annual amount required to perform a contract is more than $100,000 and the designated method for awarding the contract specified in the solicitation is an invitation to bid, the governing body or its authorized representative:
(a) Shall give preference to a bid to provide recycled products if:
(1) The products meet the applicable standards;
(2) The products can be substituted for comparable nonrecycled products; and
(3) The products do not cost more than comparable nonrecycled products.
(b) May give preference to a bid to provide recycled products if:
(1) The products meet the applicable standards;
(2) The products can be substituted for comparable nonrecycled products; and
(3) The products do not cost more than 5 percent more than the comparable nonrecycled products.
(c) May purchase recycled paper products if the specific recycled paper product is:
(1) Available at a price which is not more than 10 percent higher than that of the comparable paper product made from virgin material;
(2) Of adequate quality; and
(3) Available to the purchaser within a reasonable amount of time.
2. As used in this section:
(a) "Postconsumer waste" means a finished material which would normally be disposed of as solid waste having completed its life cycle as a consumer item.
(b) "Recycled paper product" means any paper or wood-pulp product containing in some combination comprising at least 50 percent of its total weight:
(1) Postconsumer waste; and
(2) Secondary waste,
but the term does not include fibrous waste generated during the manufacturing process such as fibers recovered from wastewater or trimmings of paper machine rolls, wood slabs, chips, sawdust or other wood residue from a manufacturing process.
(c) "Secondary waste" means fragments of products or finished products of a manufacturing process which has converted a virgin resource into a commodity of real economic value.
(Added to NRS 2019, 766)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.068 - Contract for which estimated annual amount required to perform is more than $100,000: Filing and contents of protest of award; posting and disposition of bond or security; stay of action; immunity of governing body from liability to person who submits response.

1. A person who submits a response to a solicitation for a contract for which the estimated annual amount to perform the contract is more than $100,000 may, after the responses are opened and within the period specified by the governing body or its authorized representative in the solicitation pursuant to NRS 332.043, file with the governing body or its authorized representative a notice of protest regarding the awarding of the contract.
2. A notice of protest must include a written statement setting forth with specificity the reasons the person filing the notice believes the applicable provisions of law were violated.
3. A person filing a notice of protest may be required by the governing body or its authorized representative, at the time the notice of protest is filed, to post a bond with a good and solvent surety authorized to do business in this State or submit other security, in a form approved by the governing body or its authorized representative, to the governing body or its authorized representative who shall hold the bond or other security until a determination is made on the protest. A bond posted or other security submitted with a notice of protest must be in an amount equal to the lesser of:
(a) Twenty-five percent of the total value of the response submitted by the person filing the notice of protest; or
(b) Two hundred fifty thousand dollars.
4. A notice of protest filed in accordance with the provisions of this section operates as a stay of action in relation to the awarding of any contract until a determination is made by the governing body or its authorized representative on the protest.
5. A person who submits an unsuccessful response may not seek any type of judicial intervention until the governing body or its authorized representative has made a determination on the protest and awarded the contract.
6. A governing body or its authorized representative is not liable for any costs, expenses, attorney’s fees, loss of income or other damages sustained by a person who submits a response, whether or not the person files a notice of protest pursuant to this section.
7. If the protest is upheld, the bond posted or other security submitted with the notice of protest must be returned to the person who posted the bond or submitted the security. If the protest is rejected, a claim may be made against the bond or other security by the governing body or its authorized representative in an amount equal to the expenses incurred by the governing body or its authorized representative because of the unsuccessful protest. Any money remaining after the claim has been satisfied must be returned to the person who posted the bond or submitted the security.
(Added to NRS by 2005, 2551; A 2019, 772)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.075 - Contract for which estimated annual amount required to perform is more than $100,000: Rejection of response.

Any response to a solicitation for a contract for which the estimated annual amount to perform a contract is more than $100,000 may be rejected by the governing body or its authorized representative if the governing body or its authorized representative determines that the responding offeror is not responsive or responsible or that the quality of the services, supplies, materials, equipment or labor offered does not conform to requirements or if the public interest would be served by such a rejection.
(Added to NRS by 1975, 1537; A 2019, 773)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.095 - Assignment of contracts.

1. Except as otherwise provided in subsection 2:
(a) No contract awarded may be assigned to any other person without the consent of the governing body or its authorized representative.
(b) No contract awarded or any portion thereof may be assigned to any person who was declared by the governing body or its authorized representative not to be a responsible person to perform the particular contract.
2. The provisions of this section do not apply to the assignment of a contract by virtue of the acquisition of the person who is a party to the contract by a person that purchases the full assets and liabilities of the person who is a party to the contract.
(Added to NRS by 1975, 1537; A 1999, 1684; 2001, 1316; 2019, 773)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.105 - Bonds.

1. A performance bond, payment bond or any other bond or combination thereof, with sufficient surety, in such amount as may be determined necessary by the governing body or its authorized representative, may be required of each responding offeror on a particular contract.
2. Any such bonds may be to insure proper performance of the contract and save, indemnify and keep harmless the local government against all loss, damages, claims, liabilities, judgments, costs and expenses which may accrue against the local government in consequence of the awarding of the contract.
3. If a local government requires such a bond, it shall not also require a detailed financial statement from each responding offeror on the contract.
(Added to NRS by 1975, 1537; A 1983, 914; 2019, 773)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.112 - Emergency contracts.

1. For the purposes of this section, an "emergency" is one which:
(a) Results from the occurrence of a disaster, including, but not limited to, fire, flood, hurricane, riot, power outage or disease; or
(b) May lead to impairment of the health, safety or welfare of the public if not immediately attended to.
2. If the authorized representative, chief administrative officer or governing body of the local government determines that an emergency exists affecting the public health, safety or welfare, a contract or contracts necessary to contend with the emergency may be let without complying with the requirements of this chapter. If such emergency action was taken by the authorized representative or chief administrative officer, he or she shall report it to the governing body at its next regularly scheduled meeting.
(Added to NRS by 1975, 1537; A 1999, 1682)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.117 - Award of certain contracts to nonprofit organization or agency whose primary purpose is training and employment of persons with mental or physical disabilities.

1. In accordance with the Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations established pursuant to NRS 334.025, a governing body or its authorized representative may award, without complying with the requirements for a competitive solicitation set forth in this chapter, a contract for services or for the purchase of supplies, materials, equipment or labor to a nonprofit organization or agency whose primary purpose is the training and employment of persons with a mental or physical disability, including, without limitation, a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive.
2. A nonprofit organization or agency that:
(a) Wishes to submit a response to a solicitation must:
(1) Register with the Purchasing Division of the Department of Administration as required pursuant to NRS 334.025; and
(2) Establish a fair-market price for those services, supplies, materials, equipment or labor by conducting a market survey and must include the survey with the response submitted to the local government.
(b) Is awarded such a contract must report quarterly to the Purchasing Division as required pursuant to NRS 334.025.
3. As used in this section, "nonprofit organization or agency" means an organization or agency that is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3).
(Added to NRS by 2001, 1535; A 2007, 2493; 2009, 2237; 2017, 1546; 2019, 775)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.135 - Contracts with carriers; solicitation of informal rate quotations; contracts with Purchasing Division of Department of Administration.

1. Nothing in this chapter prohibits a governing body or its authorized representative from contracting for interstate or intrastate carriage of persons or property with a certificated common or contract carrier at the rates set forth in the officially approved tariff of such carrier.
2. Nothing in this section prohibits a governing body or its authorized representative from soliciting informal rate quotations.
3. Nothing in this chapter prohibits a governing body or its authorized representative from obtaining supplies, materials, equipment or services on a voluntary basis from the Purchasing Division of the Department of Administration pursuant to NRS 333.470.
(Added to NRS by 1975, 1538; A 1991, 618; 1993, 1564)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.146 - Purchase or acquisition at auction, closeout and bankruptcy sales, sale of merchandise left after exhibition or other similar sale.

1. Except as otherwise provided by law, if the governing body or its authorized representative determines that the supplies, materials or equipment can be purchased at any public auction, closeout sale, bankruptcy sale, sale of merchandise left after an exhibition, or other similar sale at a reasonable savings over the cost of like merchandise and below the market cost in the community, a contract or contracts may be let or the purchase made without complying with the requirements of this chapter for a competitive solicitation.
2. The documentation for the purchase or acquisition must be summarized for the next regularly scheduled meeting of the governing body, together with written justification showing the savings involved.
(Added to NRS by 1975, 1538; A 1983, 845; 2001, 1318; 2019, 776)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.148 - Failure to receive responsible responses.

1. Except as otherwise provided in subsection 2, when a governing body or its authorized representative has advertised for or requested responses in letting a contract and no responsible responses are received, the governing body or its authorized representative may let the contract without a competitive solicitation not less than 7 days after it publishes a notice stating that no responses were received on the contract and that the contract may be let without a further solicitation.
2. A governing body or its authorized representative shall entertain any response which is submitted after it publishes such notice and before the expiration of the waiting period.
(Added to NRS by 1977, 463; A 1999, 1685; 2019, 776)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.175 - Trade-in allowances for personal property.

A governing body or its authorized representative may solicit and accept trade-in allowances for personal property of the public entity which has been determined by the governing body or its authorized representative to be no longer required for public use in any manner authorized by law.
(Added to NRS by 1975, 1539; A 1999, 1685; 2001, 1319)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.185 - Disposal of personal property of local government; donation of surplus personal property by school district; chapter inapplicable to transactions regarding real property.

1. Except as otherwise provided in subsection 2 and NRS 244.1505 and 334.070, if the governing body or its authorized representative determines that the personal property of the local government is no longer required for public use and deems such action desirable and in the best interests of the local government, the governing body or its authorized representative may dispose of personal property of the local government by any manner, including, without limitation, by:
(a) Selling such property at public auction.
(b) Donating such property to another governmental entity or nonprofit organization.
2. The board of trustees of a school district may donate surplus personal property of the school district to any other school district in this State or to a charter school that is located within the school district without regard to:
(a) The provisions of this chapter; or
(b) Any statute, regulation, ordinance or resolution that requires:
(1) The posting of notice or public advertising.
(2) The inviting or receiving of competitive responses.
(3) The selling or leasing of personal property by contract or at a public auction.
3. The provisions of this chapter do not apply to the purchase, sale, lease or transfer of real property by the governing body.
(Added to NRS by 1975, 1539; A 1983, 1248; 1999, 1685, 3320, 3322; 2001, 238, 1319; 2013, 1488; 2015, 3818; 2019, 776, 2017, 2078)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.195 - Entering into contract pursuant to solicitation by other governmental entities or cooperative purchasing organizations; prohibition if contractor’s license required for portion of work to be performed.

1. Except as otherwise provided in this section, a governing body or its authorized representative may enter into a contract pursuant to a solicitation by:
(a) A governmental entity located within or outside this State with the authorization of the contracting vendor. The originally contracting local government is not liable for the obligations of the governmental entity which enters into a contract in response to the solicitation in accordance with this paragraph.
(b) The State of Nevada or another state with the authorization of the contracting vendor. The State of Nevada or other state is not liable for the obligations of the local government which enters into a contract in response to the solicitation in accordance with this paragraph.
(c) A cooperative purchasing organization. A cooperative purchasing organization is not liable for the obligations of the local government which enters into a contract in response to the solicitation in accordance with this paragraph.
2. A governing body or its authorized representative shall not enter into a contract pursuant to this section if a contractor’s license issued pursuant to chapter 624 of NRS is required for any portion of the work to be performed under the contract.
3. As used in this section, "cooperative purchasing organization" means an organization that implements a cooperative arrangement to agree to aggregate demand on behalf of public entities for the purpose of obtaining lower prices from certain suppliers to reduce the costs of procurement.
(Added to NRS by 1975, 1539; A 1985, 357; 1999, 1686; 2001, 1320; 2003, 2263; 2005, 2556; 2013, 69; 2019, 777)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.201 - Duty of governing body of certain counties to report to Office of Economic Development concerning local emerging small businesses.

1. The governing body or its authorized representative in a county whose population is 100,000 or more shall submit a report every 6 months to the Office. The report must include, without limitation, for the period since the last report:
(a) The number of local emerging small businesses that the governing body or its authorized representative solicited to submit a response to the governing body or its authorized representative for a local purchasing contract;
(b) The number of local emerging small businesses that submitted a response to the governing body or its authorized representative for a local purchasing contract;
(c) The number of local purchasing contracts that were awarded by the governing body or its authorized representative to local emerging small businesses;
(d) The total number of dollars’ worth of local purchasing contracts that were awarded by the governing body or its authorized representative to local emerging small businesses; and
(e) Any other information deemed relevant by the Office.
2. The report required pursuant to subsection 1 must be submitted within 90 days after:
(a) The end of each fiscal year; and
(b) The end of each calendar year.
3. As used in this section:
(a) "Local emerging small business" has the meaning ascribed to it in NRS 231.1402.
(b) "Local purchasing contract" means a contract awarded pursuant to the provisions of this chapter for which the estimated cost is not more than $100,000. The term does not include a contract for which a procurement card is used.
(c) "Office" means the Office of Economic Development.
(d) "Procurement card" means a charge card issued to a governing body or its authorized representative for the purpose of purchasing goods and services pursuant to the provisions of this chapter.
(Added to NRS by 2013, 3689; A 2019, 778)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.215 - Commission to Study Governmental Purchasing: Members; Chair; meetings; duties; biennial report.

1. Each county of this state whose population is 100,000 or more, must be a member of the Commission to Study Governmental Purchasing which is composed of all purchasing agents of the local governments within those counties. Each county whose population is less than 100,000 may participate as a voting member of the Commission. The members shall select a Chair from among their number.
2. The Commission shall meet no less than quarterly or at the call of the Chair to study practices in governmental purchasing and laws relating thereto and shall make recommendations with respect to those laws to the next regular session of the Legislature.
3. On or before July 1 of each even-numbered year, the Commission shall submit a written report to the Joint Interim Standing Committee on Legislative Operations and Elections that includes any recommendations of the Commission for legislation relating to governmental purchasing.
(Added to NRS by 1975, 1540; A 1979, 537; 1985, 358; 2021, 2527)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.221 - Provision of maintenance services for vehicles and purchase of motor vehicle fuel for sale to public agencies or nonprofit corporations that provide transportation to elderly or persons with disabilities; regulations.

1. A governing body may provide maintenance services for vehicles which belong to, and may purchase motor vehicle fuel to sell to:
(a) Any public agency or organization which is supported by tax money; and
(b) Any private agency or organization which is incorporated as a nonprofit corporation pursuant to chapter 81 or 82 of NRS,
and which uses the vehicles and fuel in specially providing transportation to the elderly or persons with disabilities.
2. The governing body shall establish regulations for determining the eligibility of applicants for maintenance services and fuel pursuant to this section.
3. The costs of all maintenance services and fuel provided pursuant to this section must be paid for by the agency or organization which receives the service or fuel.
(Added to NRS by 1979, 88; A 1981, 239; 1991, 1313)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.223 - Use of facilities of local government by nonprofit corporation that provides ambulance services pursuant to franchise agreement.

A nonprofit corporation that provides ambulance services pursuant to a franchise agreement with a local government may obtain supplies, materials and equipment on a voluntary basis through the facilities of the local government.
(Added to NRS by 1995, 1731)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.300 - Definitions.

As used in NRS 332.300 to 332.440, inclusive, unless the context otherwise requires, the words and terms defined in NRS 332.310 to 332.350, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2003, 3049; A 2009, 965; 2013, 2119)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.310 - Building" defined.

"Building" means any existing structure, building or facility, including any equipment, furnishings or appliances within the existing structure, building or facility, that is owned or operated by a local government. The term includes, without limitation, occupied and unoccupied existing structures, buildings and facilities, and any other existing improvements owned or operated by a local government that incur operating costs.
(Added to NRS by 2003, 3049; A 2009, 965)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.320 - Operating cost savings" defined.

"Operating cost savings" means any expenses that are eliminated or avoided on a long-term basis as a result of the installation or modification of equipment, or services performed by a qualified service company. The term does not include any savings that are realized solely because of a shift in the cost of personnel or other similar short-term cost savings.
(Added to NRS by 2003, 3049)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.351 - Qualification as qualified service company; investigation and determination by local governments; confidentiality of certain information.

1. Except as otherwise provided in NRS 332.353, a person who wishes to qualify as a qualified service company and submit a proposal for a performance contract with a local government must file an application with the local government.
2. Upon receipt of an application pursuant to subsection 1, the local government shall:
(a) Investigate the applicant to determine whether the applicant is qualified to bid on a performance contract; and
(b) After conducting the investigation, determine whether the applicant is qualified to bid on a performance contract.
3. The local government shall notify each applicant in writing of its determination.
4. The local government may determine an applicant is qualified to bid:
(a) On a specific project; or
(b) On more than one project over a period of time to be determined by the local government.
5. Except as otherwise provided in NRS 332.353, the local government shall use only the criteria described in NRS 332.352 in determining whether to approve or deny an application.
6. Except as otherwise provided in NRS 239.0115, financial information and other data pertaining to the net worth of an applicant which is gathered by or provided to a local government to determine the financial ability of an applicant to perform a contract is confidential and not open to public inspection.
(Added to NRS by 2009, 962)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.353 - Additional circumstance in which person may be deemed qualified service company.

Notwithstanding the provisions of NRS 332.352, a governing body may deem a person a qualified service company if the person has been determined by:
1. The State Public Works Division of the Department of Administration or a local government pursuant to NRS 338.1379 to be qualified to bid on a public work; or
2. Another local government pursuant to NRS 332.351 to be qualified as a qualified service company.
(Added to NRS by 2009, 964)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.357 - Duty of Office of Energy to provide information and educational resources; authority of Office of Energy to provide support to local government; fees; administration of account for fees; application for and receipt of other money for account; regulations.

1. The Office of Energy shall:
(a) Provide to local governments information and educational resources relating to operating cost-savings measures and performance contracts.
(b) Include on the Internet website maintained by the Office, if any, information and educational resources relating to operating cost-savings measures and performance contracts.
2. The Office of Energy may, upon receiving a request from a local government for support relating to operating cost-savings measures:
(a) Provide to the local government support relating to operating cost-savings measures; and
(b) Charge and collect a fee from the local government for the provision of any support described in paragraph (a).
3. All fees charged and collected by the Office of Energy pursuant to subsection 2 must be accounted for separately in the State General Fund. The Director of the Office of Energy shall administer the account. Money in the account must be used only to pay the costs incurred by the Office of Energy to provide support to local governments pursuant to subsection 2 and is hereby authorized for expenditure as a continuing appropriation for this purpose.
4. The Director of the Office of Energy may apply for and accept any gift, donation, bequest, grant or other source of money for deposit in the account. The interest and income earned on money in the account, after deducting any applicable charges, must be credited to the account. Money that remains in the account at the end of the fiscal year does not revert to the State General Fund, and the balance in the account must be carried forward to the next fiscal year.
5. A local government may include in a performance contract the amount of any fee charged by the Office of Energy pursuant to subsection 2.
6. The Director of the Office of Energy may adopt regulations to carry out the provisions of this section, including, without limitation, regulations which establish the amount of the fees to be charged and collected by the Office of Energy pursuant to subsection 2.
(Added to NRS by 2013, 2119)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.370 - Financing and structure of performance contract.

1. A performance contract may be financed through a person other than the qualified service company.
2. A performance contract must be structured to guarantee operating cost savings, which includes, without limitation, the design and installation of equipment, the operation and maintenance, if applicable, of any of the operating cost-savings measures and the guaranteed annual savings which must meet or exceed the total annual contract payments to be made by the local government, including any financing charges to be incurred by the local government over the life of the performance contract. The local government may require that these savings be verified annually or over a sufficient period that demonstrates savings.
(Added to NRS by 2003, 3052; A 2009, 968)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.371 - Requirements for performance contract that guarantees operating cost savings.

A performance contract that guarantees operating cost savings must identify the specific dollar amount and units or percentages of consumption that the qualified service company anticipates will be eliminated or avoided on a long-term basis as a result of the operating cost-savings measures that the local government is implementing.
(Added to NRS by 2009, 965)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.380 - Period over which payments become due.

1. A performance contract must provide that all payments, other than any obligations that become due if the contract is terminated before the contract expires, must be made over time.
2. Except as otherwise provided in this subsection, a performance contract, and the payments provided thereunder, may extend beyond the fiscal year in which the performance contract becomes effective for costs incurred in future fiscal years. The performance contract may extend for a term not to exceed 25 years. The length of a performance contract may reflect the useful life of the operating cost-savings measure being installed or purchased under the performance contract.
3. The period over which payments are made on a performance contract must equal the period over which the operating cost savings are amortized. Payments on a performance contract must not commence until the operating cost-savings measures have been installed by the qualified service company.
(Added to NRS by 2003, 3053; A 2015, 1917)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.390 - Prevailing wage requirement; duty of qualified service company to furnish bonds before entering into certain performance contracts.

1. If a performance contract entered into pursuant to NRS 332.300 to 332.440, inclusive, requires the employment of skilled mechanics, skilled workers, semiskilled mechanics, semiskilled workers or unskilled labor to perform the performance contract, the performance contract must include a provision relating to the prevailing wage as required pursuant to NRS 338.013 to 338.090, inclusive. The local government, the qualified service company, any contractor who is awarded a contract or enters into an agreement to perform the work for the performance contract, and any subcontractor who performs any portion of that work shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the local government had undertaken the work or had awarded the contract.
2. Before a qualified service company enters into a performance contract pursuant to NRS 332.300 to 332.440, inclusive, that exceeds $100,000, the qualified service company must furnish to the contracting body any bonds required pursuant to NRS 339.025. The provisions of chapter 339 of NRS apply to any performance contract described in this subsection.
(Added to NRS by 2003, 3053; A 2009, 969; 2019, 712)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.400 - Rights of local government and qualified service company if insufficient money appropriated by local government to make payments.

Notwithstanding any provision of NRS 332.300 to 332.440, inclusive, to the contrary, a performance contract entered into pursuant to NRS 332.300 to 332.440, inclusive, must include a clause that sets out the rights of the local government and the qualified service company if the local government does not appropriate sufficient money for payments to be continued under the performance contract.
(Added to NRS by 2003, 3053)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.410 - Use of savings realized throughout term of contract.

A local government may use any savings realized throughout the term of a performance contract to:
1. Make any payments required under the performance contract, including, without limitation, the payment of finance charges; and
2. Reinvest into other operating cost-savings measures provided the local government:
(a) Is satisfying all its other obligations under the performance contract; and
(b) Complies with the requirements of NRS 332.300 to 332.440, inclusive, when reinvesting the savings into other operating cost-savings measures.
(Added to NRS by 2003, 3053; A 2009, 969; 2021, 2559)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.420 - Monitoring of cost savings attributable to operating cost-savings measures.

1. During the term of a performance contract, the qualified service company shall monitor the reductions in energy or water consumption and other operating cost savings attributable to the operating cost-savings measure purchased or installed under the performance contract, and shall, at least once a year or at such other intervals specified in the performance contract, prepare and provide a report to the local government documenting the performance of the operating cost-savings measures.
2. A performance contract must identify the methodology that the local government will use to validate the cost savings identified by the qualified service company.
3. A qualified service company and the local government may agree to make modifications in the calculation of savings based on:
(a) Subsequent material changes to the baseline consumption of energy or water identified at the beginning of the term of the performance contract.
(b) A change in utility rates.
(c) A change in the number of days in the billing cycle of a utility.
(d) A change in the total square footage of the building.
(e) A change in the operational schedule, and any corresponding change in the occupancy and indoor temperature, of the building.
(f) A material change in the weather.
(g) A material change in the amount of equipment or lighting used at the building.
(h) Any other change which reasonably would be expected to modify the use of energy or the cost of energy.
(Added to NRS by 2003, 3053)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.430 - Qualified service company to provide information concerning performance contract to Office of Energy.

A qualified service company shall provide to the Office of Energy information concerning each performance contract which the qualified service company enters into pursuant to NRS 332.300 to 332.440, inclusive, including, without limitation, the name of the project, the local government for which the project is being carried out and the expected operating cost savings. The Office of Energy may report any energy savings realized as a result of such performance contracts to the United States Department of Energy pursuant to 42 U.S.C. § 13385.
(Added to NRS by 2003, 3054; A 2009, 1405; 2011, 2078)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.431 - Duty of local governments to report to Legislature.

1. Each local government that enters into a performance contract pursuant to NRS 332.300 to 332.440, inclusive, shall, on or before February 1 of each year, prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature if the Legislature is in session, or to the Interim Finance Committee if the Legislature is not in session.
2. The report required pursuant to subsection 1 must include, without limitation:
(a) The status of the construction and financing of the operating cost-savings measures described in the performance contract.
(b) The cumulative amount of operating cost-savings that have resulted from the operating cost-savings measures.
(c) The amount of operating cost-savings that are projected for the future.
(d) Any other information required by the Legislature or Interim Finance Committee.
(Added to NRS by 2009, 965)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.440 - Financial mechanisms to guarantee operational cost savings are realized.

A performance contract must include appropriate financial mechanisms determined to be necessary by the city or county treasurer, as appropriate, to guarantee that operating cost savings are realized by the local government if the actual cost savings do not meet the predicted cost savings.
(Added to NRS by 2003, 3054)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.800 - Interest of member of governing body or evaluator in contract prohibited; exception; penalty.

1. Except as otherwise provided in NRS 281.230 and 281A.430, a member of the governing body may not be interested, directly or indirectly, in any contract entered into by the governing body, but the governing body may purchase supplies, not to exceed $1,500 in the aggregate in any 1 calendar month, from a member of such governing body when not to do so would be of great inconvenience due to a lack of any other local source.
2. An evaluator may not be interested, directly or indirectly, in any contract awarded by such governing body or its authorized representative.
3. A member of a governing body who furnishes supplies in the manner permitted by subsection 1 may not vote on the allowance of the claim for such supplies.
4. A person who violates this section is guilty of a misdemeanor and, in the case of a member of a governing body, a violation is cause for removal from office.
(Added to NRS by 1975, 1539; A 2001, 1318; 2003, 891; 2013, 3786)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.810 - Prohibited acts by responding offerors before award of contract; penalty.

1. Before a contract is awarded, a responding offeror or an officer, employee, representative, agent or consultant of such a person shall not:
(a) Make an offer or promise of future employment or business opportunity to, or engage in a discussion of future employment or business opportunity with, an evaluator or member of the governing body offering the contract;
(b) Offer, give or promise to offer or give money, a gratuity or any other thing of value to an evaluator or member of the governing body offering the contract; or
(c) Solicit or obtain from an officer, employee or member of the governing body offering the contract:
(1) Any proprietary information regarding the contract; or
(2) Any information regarding a response to a solicitation submitted by another person, unless such information is available to the general public.
2. A person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not less than $2,000 nor more than $50,000, or by both fine and imprisonment.
(Added to NRS by 1995, 1731; A 2001, 1318; 2007, 2468; 2013, 982; 2019, 778)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.820 - Effect of collusion among responding offerors or advance disclosures of information.

1. Any agreement or collusion among responding offerors or prospective responding offerors in restraint of freedom of competition by agreement to respond with a fixed price, or otherwise, shall render the responses of such responding offerors void.
2. Advance disclosures of proprietary information or any other information to any particular responding offeror which would give that particular responding offeror any advantage over any other interested responding offeror in advance of the opening of responses, whether in response to advertising or an informal solicitation, made or permitted by a member of the governing body or an employee or representative thereof, shall operate to void all responses received in response to that particular solicitation.
(Added to NRS by 1975, 1539; A 2001, 1319; 2005, 2556; 2019, 779)
2023 Nevada Revised Statutes › Chapter 332 - Purchasing: Local Governments › NRS 332.830 - Purchase of information system or system of communication for use by response agency prohibited unless complies with state plan.

1. On and after October 1, 2005, a governing body or its authorized representative shall not purchase an information system or system of communication for use by a response agency unless the system complies with the plan established pursuant to subsection 6 of NRS 239C.160.
2. On and after October 1, 2005, any grant or other money received by a local government from the Federal Government for the purchase of an information system or system of communication for use by a response agency must not be used to purchase such a system unless the system complies with the plan established pursuant to subsection 6 of NRS 239C.160.
3. As used in this section:
(a) "Information system" has the meaning ascribed to it in NRS 239C.060.
(b) "Response agency" has the meaning ascribed to it in NRS 239C.080.
(c) "System of communication" has the meaning ascribed to it in NRS 239C.100.
(Added to NRS by 2003, 2463; A 2005, 932; 2011, 2886)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.020 - Definitions.

As used in this chapter, unless the context otherwise requires:
1. "Administrator" means the Administrator of the Purchasing Division.
2. "Best value" means the greatest possible economy consistent with grades or qualities of supplies, materials, equipment and services that are adapted to the purposes to be served.
3. "Director" means the Director of the Department of Administration.
4. "Invitation to bid" means a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.
5. "Proprietary information" means:
(a) Any trade secret or confidential business information that is contained in a bid or proposal submitted on a particular contract; or
(b) Any other trade secret or confidential business information submitted in a bid or proposal and designated as proprietary by the Administrator.
As used in this subsection, "confidential business information" means any information relating to the amount or source of any income, profits, losses or expenditures of a person, including data relating to cost or price submitted in support of a bid or proposal. The term does not include the amount of a bid or proposal.
6. "Purchasing Division" means the Purchasing Division of the Department of Administration.
7. "Purchasing officer" means a person who is authorized by the Administrator or a using agency to facilitate:
(a) The evaluation of bids or proposals for a contract;
(b) Any negotiations concerning a contract; or
(c) The development, review or approval of a contract.
8. "Request for proposals" means a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.
9. "Trade secret" has the meaning ascribed to it in NRS 600A.030.
10. "Using agencies" means all officers, departments, divisions, institutions, boards, commissions and other agencies in the Executive Department of the State Government which derive their support from public money in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government or any branch, bureau or agency thereof, or derived from private or other sources. The term does not include the Nevada Rural Housing Authority, the Housing Division of the Department of Business and Industry, local governments as defined in NRS 354.474, conservation districts, irrigation districts and the Nevada System of Higher Education.
11. "Volunteer fire department" means a volunteer fire department which pays premiums for industrial insurance pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.
[2:333:1951]—(NRS A 1963, 48, 489, 1284; 1967, 202; 1969, 1429; 1973, 1465; 1975, 248; 1993, 390, 1564, 2267, 2877; 1995, 366, 728, 815, 1733, 2044, 2060; 1997, 547; 1999, 234, 1024, 1817; 2001, 2122; 2003, 547, 2194; 2005, 668; 2009, 650; 2019, 779)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.060 - Qualifications of Administrator of Purchasing Division.

The Administrator shall have:
1. A working knowledge of purchasing methods and procedures, including the techniques of specification writing.
2. The ability to obtain and interpret market prices and trends, and to apply such interpretations to procurement problems.
3. A minimum of 12 years of practical experience in purchasing, merchandising, stock control and methods of inventory management.
[6:333:1951]—(NRS A 1963, 1051)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.100 - Assistants: Number; qualifications.

1. The Administrator shall have such technical and clerical assistance as the execution of the Administrator’s duties requires.
2. Technical assistants shall have a minimum of 6 years of practical experience in purchasing, merchandising, stock control and methods of inventory management.
[Part 7:333:1951]—(NRS A 1963, 1051)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.105 - General Counsel: Appointment; classification; qualifications; private practice of law restricted.

1. The Administrator may appoint a General Counsel of the Division.
2. The General Counsel appointed pursuant to subsection 1:
(a) Is in the unclassified service of the State.
(b) Must be an attorney in good standing licensed and admitted to practice law in this State.
(c) Except as otherwise provided in NRS 7.065, shall not engage in the private practice of law.
(Added to NRS by 2017, 1538)