reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.120 - State Purchasing Fund: Creation; amount; use.

1. The State Purchasing Fund, in the sum of $1,250,000 is hereby created as an internal service fund for the use of the Administrator in purchasing supplies, materials and equipment and services.
2. Except as otherwise provided in subsection 3, the Administrator may withdraw from the State Purchasing Fund an amount not to exceed $150,000 per year and is hereby authorized to expend that amount to pay the cost to the Purchasing Division of providing methods for purchasing or leasing pursuant to this chapter by the use of forms in electronic format through a computer system or network or through the Internet, or its successor, if any.
3. The Administrator shall not withdraw money pursuant to subsection 2 if the withdrawal would reduce the balance of the State Purchasing Fund below $500,000.
4. If the Administrator makes a withdrawal pursuant to subsection 2, the maximum balance of the State Purchasing Fund is permanently reduced by the amount of the withdrawal.
[45:333:1951; A 1953, 585; 1955, 838]—(NRS A 1957, 345; 1960, 53; 1963, 1051; 1965, 1021; 1967, 155; 1973, 332; 1975, 225; 1977, 43; 1981, 348; 1983, 388; 1991, 1746; 1999, 1025; 2001, 1457)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.125 - Temporary transfers from State General Fund to State Purchasing Fund.

Whenever claims payable and properly approved exceed the amount of the cash in the State Purchasing Fund, the State Controller may transfer temporarily from the State General Fund to the State Purchasing Fund such amount as may be required to pay the claims, but not to exceed the lesser of:
1. The amount receivable from using agencies and political subdivisions as certified by the Purchasing Division;
2. The maximum balance of the State Purchasing Fund, if reduced pursuant to subsection 4 of NRS 333.120; or
3. Eight hundred and fifty thousand dollars.
(Added to NRS by 1965, 1022; A 1979, 1794; 1981, 348; 1987, 316; 2001, 1457)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.130 - Supervision of administrative and technical activities of Purchasing Division; regulations.

The Administrator, as executive head of the Purchasing Division:
1. Shall direct and supervise all its administrative and technical activities.
2. May adopt regulations necessary for the administration of this chapter.
[Part 7:333:1951]—(NRS A 1963, 1052; 1991, 620)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.135 - Regulations establishing procedures for awarding contracts.

The Administrator shall adopt regulations establishing procedures for awarding contracts pursuant to this chapter. The regulations must include, without limitation, provisions that set forth requirements relating to:
1. The establishment and membership of committees to evaluate proposals;
2. Notices that must be given to persons who submit proposals before and after a contract is awarded;
3. The confidentiality of information submitted in proposals and any communication between a person who submits a proposal and the chief of a using agency, the Administrator of the Purchasing Division or a member of a committee to evaluate proposals;
4. The submission of revised proposals; and
5. The awarding of contracts on a contingency basis.
(Added to NRS by 1999, 1024)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.150 - Purchases or contracts for rental or lease for using agencies.

The Administrator shall:
1. Purchase or contract for all supplies, materials and equipment; and
2. Contract for the rental or lease of equipment,
needed by any using agency, unless otherwise provided by law.
[11:333:1951]—(NRS A 1963, 1052; 1981, 367)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.155 - Regulations concerning purchase of new equipment: Consideration of renting equipment and contracting for service to maintain equipment.

The Administrator shall adopt regulations which set forth standards to be used by using agencies when purchasing new equipment in order to determine:
1. Whether the equipment can be leased or rented at a cost that is equal to or less than the cost of purchasing the equipment; and
2. If a service is required to maintain the equipment, whether the service would be performed more efficiently by the agency or a private contractor.
(Added to NRS by 1993, 925)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.160 - Methods of supplying needs of using agencies.

The Administrator may decide whether and to what extent the needs of any using agency may be supplied:
1. By transfer of surplus items or stocks from other using agencies;
2. By deliveries under contracts;
3. By open market purchases through the Administrator; or
4. Directly by the using agencies;
but he or she shall have thorough discussions on such matters with authorized representatives of each using agency.
[12:333:1951]—(NRS A 1963, 1052; 1981, 1188; 2019, 780)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.162 - Methods of obtaining a contract; regulations.

1. The Administrator may designate the method of obtaining a contract, including:
(a) An invitation to bid;
(b) A request for proposals;
(c) A request for qualifications;
(d) A request for information;
(e) A request for a quotation; or
(f) Any other accepted method of purchasing that complies with the provisions of this chapter.
2. The Administrator shall adopt regulations governing the methods of obtaining a contract.
(Added to NRS by 1991, 619; A 1999, 1025; 2019, 780)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.165 - Contracts for services: Duty of Administrator to act on behalf of using agency; authority of using agency to contract; requests for assistance by using agency.

1. Except as otherwise provided by specific statute, the Administrator shall contract for services whose estimated value is $100,000 or more, and may authorize a using agency to contract for such services if he or she determines that to do so would be in the best interests of the State.
2. A using agency may contract for services if the estimated value of the services is less than $100,000. The Administrator may, upon the request of a using agency, contract for such services on behalf of the agency if he or she determines that to do so would be in the best interests of the State.
3. The Administrator shall, upon the request of a using agency, provide assistance to the using agency for any contract for services whose estimated value is less than $100,000.
4. For the purposes of this section, a contract for goods and services whose estimated value:
(a) Is $100,000 or more, shall be deemed a contract for services; or
(b) Is less than $100,000, shall be deemed a contract for goods with respect to that part of the contract that represents goods. Those goods must be procured in a manner authorized by the Administrator.
(Added to NRS by 1987, 150; A 1999, 1025)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.175 - Administrator may exempt purchases by Department of Corrections from Offenders’ Store Fund from provisions of chapter.

The Administrator may exempt from the provisions of this chapter purchases made by the Department of Corrections, with money from the Offenders’ Store Fund, for the provision and maintenance of canteens for offenders.
(Added to NRS by 1987, 773; A 2001 Special Session, 236)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.177 - Duty of Purchasing Division to report to Office of Economic Development concerning local emerging small businesses.

1. The Purchasing Division 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 Purchasing Division solicited to submit a bid or proposal to the Purchasing Division on a state purchasing contract;
(b) The number of local emerging small businesses that submitted a bid or proposal on a state purchasing contract;
(c) The number of state purchasing contracts that were awarded by the Purchasing Division to local emerging small businesses;
(d) The total number of dollars’ worth of state purchasing contracts that were awarded by the Purchasing Division to local emerging small businesses;
(e) Whether each goal established by the Office pursuant to NRS 231.1407 has been achieved;
(f) For each goal established by the Office pursuant to NRS 231.1407 that has not been achieved, information on all efforts undertaken by the Purchasing Division to achieve the goals in the current fiscal year and a proposed plan for achieving the goals in the subsequent fiscal year; and
(g) Any other information deemed relevant by the Office.
2. The report required pursuant to subsection 1 must be submitted within 30 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) "Office" means the Office of Economic Development.
(c) "State purchasing contract" means a contract awarded pursuant to the provisions of subsection 3 of NRS 333.300.
(Added to NRS by 2013, 3689)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.180 - Collection, classification and maintenance of information concerning commodities and suppliers.

The Administrator shall collect, classify and maintain accurate information concerning:
1. The sources, grades, qualities and costs of the various kinds of supplies, materials and equipment required by the State; and
2. The names and addresses of the persons from whom commodities of the various classes are available.
[31:333:1951]—(NRS A 1963, 1052; 1991, 620; 1997, 470)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.190 - Inspection of purchased commodities; equipment, material, supply or service found to be defective or not as specified; receiving reports.

1. The Administrator shall provide for inspection of all commodities purchased.
2. If, before final acceptance, any equipment, material, supply or service is found to be defective or not as specified, the Administrator may:
(a) Reject it and require the seller to correct the defect without charge; or
(b) Require delivery of the equipment, material, supply or service at a reduction in cost.
3. A receiving report must be submitted by a using agency to certify the receipt of commodities and must show the quantity and quality delivered. A claim for payment for commodities must not be passed for payment without certification.
[32:333:1951]—(NRS A 1963, 1053; 1991, 620)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.195 - Donation of certain supplies, materials and equipment to certain organizations.

The Administrator may donate supplies, materials and equipment that he or she determines have reached the end of their useful lives to any organization described in NRS 372.3261.
(Added to NRS by 1999, 1643; A 2013, 2494)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.200 - Inventory of supplies and materials stored centrally: Duties; records.

1. The Administrator shall cause to be maintained perpetual inventory records of all supplies and materials stored centrally.
2. The Administrator shall:
(a) Control the stocks of supplies and materials on hand, the storing and issuance of supplies and materials, and the distributing of the costs of supplies and materials used.
(b) Produce information, as and when required, respecting quantities on hand, quantities purchased over a specified period, quantities used over a specified period by each using agency, quantities supplied by vendors specified for specified periods, unit prices, average prices and experience with the vendors supplying the different classes of supplies.
(c) Price supplies and materials when purchased and when charged out of stock as used.
(d) Transfer surplus supplies and materials to points where they can be used advantageously.
(e) Direct and make test checks of physical inventories.
(f) Supervise the taking of annual inventories.
(g) Instruct storekeepers in the prescribed procedures for controlling stored materials.
3. The stores records must be so maintained as to show:
(a) The quantity of each commodity on hand.
(b) The average unit cost, including transportation charges.
(c) The total cost of the supply on hand.
(d) The minimum quantity that should be kept in stock.
(e) The maximum quantity that should be kept in stock at any one time.
[34:333:1951]—(NRS A 1963, 1053; 1967, 63; 1969, 1429; 1973, 1466; 1979, 1795; 1985, 465; 1993, 391, 1565; 1995, 579; 1997, 19, 471)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.210 - Standards and specifications.

1. Supplies, materials and equipment purchased for the various using agencies shall be reduced to the practicable minimum of types, styles and sizes. The Administrator shall be responsible for developing and executing a progressive program of establishing standards. The Administrator may call upon any department or officer having technical facilities available, for assistance in the formulation of such standards.
2. Standard specifications shall be developed and adopted after consultation with the heads of the various using agencies, who shall assist in formulating such specifications. Such specifications shall be sufficiently complete and precise:
(a) To insure that all vendors bid on the same basis.
(b) To make effective testing and inspection possible.
(c) To attract the maximum competition practicable with due consideration of suitability of products.
(d) To describe the methods of testing or inspection.
A specification file containing all approved specifications shall be maintained by the Administrator.
[35:333:1951]—(NRS A 1963, 1054; 1979, 175)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.250 - Classification of commodities; schedules of purchases by classes.

1. The Administrator shall classify for purchasing purposes all commodities for which there is sufficient demand to justify periodic purchasing in anticipation of needs. Commodities of the same nature, ordinarily secured from the same sources of supply and which can advantageously be scheduled for purchase at the same time of year, according to favorable market conditions, shall be included in the same class.
2. The rules shall provide, so far as practicable, for the scheduling of purchases, by commodity classes, so as to distribute the volume of purchasing work as evenly as may be over the entire year and so as best to meet the requirements of the several spending agencies of the State, while taking advantage of favorable market conditions and avoiding unnecessary tying up of funds.
3. Copies of schedules of purchases to be made shall be supplied to the several using agencies and to interested vendors.
[14:333:1951]—(NRS A 1963, 1055)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.260 - Estimates of requirements.

1. The Administrator shall determine the requirements of supplies and materials of the using agencies according to records of past experience, and according to estimates of anticipated requirements furnished by the various using agencies. The Administrator shall set up and maintain current cumulative purchase records of all materials and supplies purchased for the using agencies.
2. Prior to the scheduled date for purchasing any class of commodities, the Administrator shall make estimates of requirements among all the using agencies using the commodities included in that class. The Administrator may make the estimates by summarizing the requisitions of materials and supplies submitted by the using agencies.
3. Using agencies requiring information such as prices, specifications, and the procurement of any supplies, materials and equipment for present or future needs shall obtain this information through the Administrator.
[15:333:1951]—(NRS A 1963, 1055; 1969, 641)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.270 - Determination of quantity to be purchased of each commodity after receipt of estimate of requirements.

Upon receipt of the estimates of requirements from the using agencies, the Administrator shall cause them to be summarized by classes for all agencies. The Administrator shall then, with the consideration of the quantity of each commodity in stock, market conditions and probable future market conditions, determine or cause to be determined the quantity of each commodity to be purchased.
[16:333:1951]—(NRS A 1963, 1056)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.280 - Contract for furnishing supplies, materials and equipment: Period and form; extension.

1. Except as otherwise provided in this subsection, the Administrator may enter into a contract using a standard form of contract, by solicitation in accordance with the provisions of NRS 333.300 or by advertising in accordance with the provisions of NRS 333.310, for the furnishing of supplies, materials and equipment for not more than 2 years. If an extended contractual period is necessary to promote the use of a manufacturing process which emphasizes the efficient use of energy or to promote the manufacture of products which use recycled materials, the Administrator may enter into such a contract for not more than 3 years.
2. The original terms of a contract may be extended annually thereafter if the conditions for extension are specified in the original solicitation, and the Administrator determines that an extension is in the best interest of the State.
[17:333:1951]—(NRS A 1963, 1056; 1969, 1058; 1985, 44; 1991, 622; 1993, 80; 1995, 367; 2013, 3690)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.290 - Use of materials, supplies or products of state institutions: Contents of advertisement for bids.

1. Every advertisement for bids covering any class of materials or supplies that any charitable, reformatory or penal institution of the State is prepared to supply, in whole or in part, through the labor of inmates, shall carry a statement that the Administrator reserves the right to secure such materials or supplies from any such institution or institutions, to the extent that they can be secured of equal quality and at prices not higher than those of the lowest acceptable bid received in response to such advertisement.
2. All institutions’ products meeting these conditions shall be utilized to the extent available, before orders are placed under contracts or otherwise.
[18:333:1951]—(NRS A 1963, 1056)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.300 - Notices of proposed purchases; purchase by formal contract; solicitation; preferences; emergency purchases.

1. Except as otherwise provided in NRS 333.375, the Administrator shall give reasonable notice, by advertising and by written notice provided to persons in a position to furnish the classes of commodities involved, as shown by its records, of all proposed purchases of supplies, materials and equipment to be purchased in accordance with a schedule prepared in conformity with the provisions of NRS 333.250.
2. All such materials, supplies and equipment, except as otherwise provided in this section, if the estimated cost thereof exceeds $50,000, must be purchased by formal contract from the lowest responsible bidder after notice inviting the submission of sealed proposals to the Administrator of the Purchasing Division at the date, hour and location set forth in the proposal, and at that date, hour and location the proposals must be publicly opened. The Purchasing Division may reject any or all proposals, or may accept the proposal determined best for the interest of the State. The notice must be published as prescribed in NRS 333.310.
3. The Administrator may solicit the purchase of materials, supplies and equipment, if the estimated cost thereof is $50,000 or less, by written contract from the lowest responsible bidder if notice of the proposed purchase is provided to:
(a) At least three persons in a position to furnish the materials, supplies or equipment; and
(b) The Office of Economic Development.
4. In case of emergencies caused by acts of God or the national defense or other unforeseeable circumstances, the provisions for advertisements on competitive bids may be waived by the Administrator, but every effort must be made to secure the maximum competitive bidding under the circumstances. In no case may contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids.
5. In awarding contracts for the purchase of supplies, materials and equipment, if two or more lowest bids are identical, the Administrator shall:
(a) If the lowest bids are by bidders resident in the State of Nevada, accept the proposal which, in the discretion of the Administrator, is in the best interests of this State.
(b) If the lowest bids are by bidders resident outside the State of Nevada:
(1) Accept the proposal of the bidder who will furnish goods or commodities produced or manufactured in this State; or
(2) Accept the proposal of the bidder who will furnish goods or commodities supplied by a dealer resident in the State of Nevada.
[19:333:1951]—(NRS A 1959, 517; 1963, 1056; 1967, 1112; 1975, 11, 513; 1979, 71; 1987, 102, 1641; 1995, 367; 1997, 485; 2001, 690; 2013, 49, 3690; 2017, 2136)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.310 - Advertisements for bids or proposals: Contents and publication.

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 may be obtained.
(c) If the advertisement is for bids, whether the Administrator 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 Administrator deems the purchase of the alternative article to be in the best interests of the State of Nevada.
(d) Notice of the preferences set forth in NRS 333.3354 and 333.3366 and the inverse preference set forth in NRS 333.33695.
(e) Notice of the written certification required pursuant to NRS 333.338.
(f) The date and time not later than which responses must be received by the Purchasing Division.
(g) The date and time when responses will be opened.
The Administrator or a designated agent of the Administrator shall approve the copy for the advertisement.
2. Each advertisement must be published:
(a) 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; and
(b) On the Internet website of the Purchasing Division.
[20:333:1951; A 1955, 15]—(NRS A 1963, 506, 1281; 1967, 202; 1969, 1430; 1975, 248; 1981, 1188; 1991, 622; 1997, 1562; 2003, 1615; 2009, 2666; 2011, 1864; 2017, 1612, 4109; 2021, 298, 2026)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.311 - Request for proposals to include minimum requirements for awarding contract and notice of certain written certification; award of contract to noncomplying bidder prohibited.

1. Each request for proposals must include:
(a) Minimum requirements that the successful bidder must meet for the awarding of a contract pursuant to the provisions of this chapter; and
(b) Notice of the written certification required pursuant to NRS 333.338.
2. A contract may not be awarded to a bidder who does not comply with the requirements set forth in the request for proposals.
(Added to NRS by 2001, 666; A 2017, 1612)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.313 - On-line bidding.

1. The Administrator may use on-line bidding to receive proposals or bids in response to a request for proposals or invitation to bid.
2. A request for proposals or invitation to bid for which proposals or bids may be submitted pursuant to subsection 1 must designate a date and time at which proposals or bids may be submitted and may designate a date and time after which proposals or bids will no longer be received.
3. The Administrator may require bidders to:
(a) Register before the date and time at which proposals or bids may be submitted; and
(b) Agree to terms, conditions or requirements of the request for proposals or invitation to bid to facilitate on-line bidding.
4. The procedures established by the Administrator for the purposes of conducting on-line bidding must not conflict with the provisions of this chapter.
5. As used in this section, "on-line bidding" means a process by which bidders submit proposals or bids for a contract on a secure website on the Internet or its successor, if any, which is established and maintained for that purpose.
(Added to NRS by 2001, 1320)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.315 - Cost of providing service to be determined including all costs related to contract, including monitoring or reviewing private contractor.

If a contract for the provision of a service furnished by a using agency is awarded through the process of competitive bidding, the bid or proposal of a using agency or the cost of furnishing the service through a using agency must be determined by including all costs related to the contract, including a reasonable estimate of any costs of a using agency for monitoring or reviewing a contract with a private contractor.
(Added to NRS by 1993, 875)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.320 - Specification for bids for supplying state institutions: Requirements.

The specification for bids for the supplying of any commodity in quantity, to meet the combined requirements or estimated requirements of the institutions of the State, shall show the quantity thereof required or estimated to be required for each institution and shall stipulate that bids will be accepted for the whole quantity and for the quantity for each institution. Bids may be made on any item or items or quantity or quantities of any item or items.
[21:333:1951]
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.330 - Bids on more than one item in same notice: Itemization and price; requirements for submission.

1. All bids on more than one item on which bids are called for by the same notice must be itemized and give a price for each item.
2. All bids must:
(a) Except as otherwise provided in NRS 333.313, be in writing and signed.
(b) Be sealed or, if the bid is submitted electronically, secured by an electronic equivalent of a seal, as approved by the Purchasing Division.
[22:333:1951]—(NRS A 1963, 1057; 1997, 486; 2001, 1320; 2019, 780)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.333 - Proprietary information regarding trade secret: Confidentiality; disclosure.

1. Except as otherwise provided in subsection 2 and NRS 239.0115, proprietary information regarding a trade secret does not constitute public information and is confidential.
2. A person shall not disclose proprietary information regarding a trade secret unless the disclosure is made for the purpose of a civil, administrative or criminal investigation or proceeding, and the person receiving the information represents in writing that protections exist under applicable law to preserve the integrity, confidentiality and security of the information.
(Added to NRS by 1995, 1732; A 2007, 2088)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.335 - Proposals: Evaluation; relative weight and scoring of factors disclosed in request for proposals; confidentiality.

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 Administrator of the Purchasing Division, or a committee appointed by the Administrator in accordance with the regulations adopted pursuant to NRS 333.135, if the Administrator 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 Administrator of the Purchasing Division determines is necessary to evaluate a proposal. If the committee is appointed to evaluate a proposal for the procurement of technology for which the estimated cost is more than $100,000, the committee must include a person designated by the Chief Information Officer of the State appointed pursuant to NRS 223.085 if the Chief Information Officer determines the inclusion of such a person is necessary to evaluate the proposal.
3. Members of a committee appointed pursuant to subsection 1 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.
4. In making an award, the chief of the using agency, the Administrator of the Purchasing Division or the committee, if a committee is established, shall consider and assign a score for each factor disclosed in the request for proposals.
5. The chief of the using agency, the Administrator of the Purchasing Division or the committee, if a committee is established, shall determine the relative weight of each factor disclosed in a request for proposals before the request for proposals is advertised.
6. The chief of the using agency, the Administrator of the Purchasing Division or the committee, if a committee is established, shall award the contract based on the total scores assigned pursuant to subsection 4, and is not required to accept the lowest-priced proposal.
7. Except as otherwise provided in NRS 239.0115, each proposal evaluated pursuant to the provisions of this section is confidential and may not be disclosed until the contract is awarded.
(Added to NRS by 1991, 619; A 1999, 1026; 2001, 666; 2003, 1616; 2007, 2088; 2009, 2666; 2011, 907; 2017, 1603, 4109; 2019, 781)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.3351 - Preference for bid or proposal submitted by Nevada-based business: Definitions.

As used in NRS 333.3351 to 333.3356, inclusive, unless the context otherwise requires, the words and terms defined in NRS 333.3352 and 333.3353 have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 4107)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.3352 - Preference for bid or proposal submitted by Nevada-based business: "Nevada-based business" defined.

"Nevada-based business" means a business which certifies that:
1. Its principal place of business is in this State; or
2. The majority of goods provided for in a state purchasing contract are produced in this State.
(Added to NRS by 2017, 4108)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.3354 - Preference for bid or proposal submitted by Nevada-based business: Amount of preferences.

1. If a business that qualifies as a Nevada-based business submits a:
(a) Bid to furnish commodities that was solicited pursuant to NRS 333.300, the bid shall be deemed to be 5 percent lower than the bid actually submitted; or
(b) Proposal to contract for services, the score assigned to the proposal pursuant to NRS 333.335 shall be deemed to be 5 percent higher than the score actually awarded.
2. The preference described in subsection 1 may not be:
(a) Except as otherwise provided in this paragraph, combined with any other preference. The provisions of this paragraph do not prohibit the imposition of an inverse preference pursuant to NRS 333.33695.
(b) Granted for the award of any contract which uses federal money unless such a preference is authorized by federal law.
(c) Granted for the award of any contract procured on a multistate basis.
(Added to NRS by 2017, 4108; A 2021, 299)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.3355 - Preference for bid or proposal submitted by Nevada-based business: Penalties for fraudulent acts committed in applying for preference or failing to comply with requirements; review of decision.

1. In addition to any other remedy or penalty provided by law, if the Purchasing Division determines that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for a preference described in NRS 333.3354 or has failed to comply with the requirements of that section, the business:
(a) Shall pay to the Purchasing Division, if awarded a state purchasing contract, a penalty in the amount of 1 percent of the cost of the state purchasing contract;
(b) Shall not bid on a state purchasing contract or a contract awarded by any local government for 1 year after the date upon which the Purchasing Division makes such a determination; and
(c) Shall not apply for or receive a preference described in NRS 333.3354 for 5 years after the date upon which the Purchasing Division makes such a determination.
2. If the Purchasing Division determines, as described in subsection 1, that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for a preference described in NRS 333.3354 or has failed to comply with the requirements of that section, the business may apply to the Administrator to review the decision pursuant to chapter 233B of NRS.
(Added to NRS by 2017, 4108)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.3356 - Preference for bid or proposal submitted by Nevada-based business: Regulations.

The Purchasing Division may adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 333.3351 to 333.3356, inclusive. The regulations may include, without limitation, provisions setting forth:
1. The method by which a business may apply to receive a preference described in NRS 333.3354;
2. The documentation or other proof that a business must submit to demonstrate that it qualifies for a preference described in NRS 333.3354; and
3. Such other matters as the Purchasing Division deems relevant.
(Added to NRS by 2017, 4108)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.3361 - Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: Definitions.

As used in NRS 333.3361 to 333.3369, inclusive, unless the context otherwise requires, the words and terms defined in NRS 333.3362 to 333.3365, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2009, 2665)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.3362 - Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: "Business owned and operated by a veteran with a service-connected disability" defined.

"Business owned and operated by a veteran with a service-connected disability" has the meaning ascribed to it in NRS 338.13841.
(Added to NRS by 2009, 2665; A 2015, 559)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.3363 - Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: "Local business" defined.

"Local business" means a business which certifies that:
1. Its principal place of business is in this State; or
2. The majority of the goods provided for in a state purchasing contract are produced in this State.
(Added to NRS by 2009, 2665; A 2019, 782)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.3365 - Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: "Veteran with a service-connected disability" defined.

"Veteran with a service-connected disability" has the meaning ascribed to it in NRS 338.13843.
(Added to NRS by 2009, 2665)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.3366 - Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: Amount of preference.

1. For the purpose of awarding a formal contract solicited pursuant to subsection 2 of NRS 333.300 or awarding a contract for the services of a person as an independent contractor pursuant to subsection 1 of NRS 333.700, if a local business owned and operated by a veteran with a service-connected disability submits a bid or proposal for such a contract and is a responsive and responsible bidder, the bid or proposal shall be deemed to be 5 percent lower than the bid or proposal actually submitted.
2. Except as otherwise provided in this subsection, the preference described in subsection 1 may not be combined with any other preference. The provisions of this subsection do not prohibit the imposition of an inverse preference pursuant to NRS 333.33695.
(Added to NRS by 2009, 2665; A 2015, 559; 2019, 782; 2021, 299)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.3367 - Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: Effect of material misrepresentation or other fraudulent act committed in applying for preference; review of decision of Purchasing Division.

1. If the Purchasing Division determines that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for the preference described in NRS 333.3366, the business is thereafter permanently prohibited from:
(a) Applying for or receiving the preference described in NRS 333.3366; and
(b) Bidding on a state purchasing contract.
2. If the Purchasing Division determines, as described in subsection 1, that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for the preference described in NRS 333.3366, the business may apply to the Administrator to review the decision pursuant to chapter 233B of NRS.
(Added to NRS by 2009, 2665; A 2019, 782)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.3368 - Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: Duty of Purchasing Division to report to Legislature.

The Purchasing Division shall, every 6 months, submit to the Legislature, if it is in session, or to the Interim Finance Committee and the Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs created by NRS 218E.750, if the Legislature is not in session, a report which must contain, for the period since the submission of the last report:
1. The number of state purchasing contracts that were subject to the provisions of NRS 333.3361 to 333.3369, inclusive.
2. The total dollar amount of state purchasing contracts that were subject to the provisions of NRS 333.3361 to 333.3369, inclusive.
3. The number of local businesses owned and operated by veterans with service-connected disabilities that submitted a bid or proposal on a state purchasing contract.
4. The number of state purchasing contracts that were awarded to local businesses owned and operated by veterans with service-connected disabilities.
5. The total number of dollars’ worth of state purchasing contracts that were awarded to local businesses owned and operated by veterans with service-connected disabilities.
6. Any other information deemed relevant by the Director of the Legislative Counsel Bureau.
(Added to NRS by 2009, 2665; A 2015, 559)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.3369 - Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: Regulations.

The Purchasing Division may adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 333.3361 to 333.3369, inclusive. The regulations may include, without limitation, provisions setting forth:
1. The method by which a business may apply to receive the preference described in NRS 333.3366;
2. Subject to the provisions of NRS 417.0187, the documentation or other proof that a business must submit to demonstrate that it qualifies for the preference described in NRS 333.3366; and
3. Such other matters as the Purchasing Division deems relevant.
In carrying out the provisions of this section, the Purchasing Division shall, to the extent practicable, cooperate and coordinate with the State Public Works Division of the Department of Administration so that any regulations adopted pursuant to this section and NRS 338.13847 are reasonably consistent.
(Added to NRS by 2009, 2665; A 2017, 1132; 2019, 782)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.33695 - Inverse preference for bid or proposal submitted by person with principal place of business in another state; exceptions.

1. Except as otherwise provided in subsection 2, for purposes of awarding a contract pursuant to this chapter, if:
(a) A person who submits a bid or proposal has a principal place of business in a state other than the State of Nevada; and
(b) That other state, with respect to similar contracts awarded by that other state or agencies of that other state, grants to a person with a principal place of business in that state a preference which is not afforded to a person who has a principal place of business in the State of Nevada,
the person responsible for awarding the contract must increase the bid or proposal or decrease the score of the bid or proposal, as applicable, by an amount that is substantially equivalent to the preference that the other state denies to a person with a principal place of business in the State of Nevada.
2. The inverse preference set forth in subsection 1 may not be imposed for the award of any contract pursuant to this chapter that:
(a) Uses federal money unless such a preference is authorized by federal law; or
(b) Is procured on a multistate basis.
(Added to NRS by 2021, 298)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.337 - Duties of persons authorized to enter into contracts pursuant to this chapter.

Each person who is authorized pursuant to the provisions of this chapter to enter into any contract on behalf of this state shall ensure that the contract:
1. Includes any provision related to insurance that the State Risk Manager determines is necessary;
2. Is reduced to writing;
3. Is signed by each party to the contract; and
4. Is approved by the Purchasing Division or the Office of the Attorney General.
(Added to NRS by 1999, 42; A 2019, 783)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.338 - Prohibition on entering contract with company without written certification relating to certain boycotts of Israel; regulations.

1. The Administrator shall not enter into a contract with a company unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel.
2. The Administrator shall adopt regulations as necessary to carry out the provisions of this section.
3. As used in this section:
(a) "Boycott of Israel":
(1) Means, except as otherwise provided in subparagraph (2), refusing to deal or conduct business with, abstaining from dealing or conducting business with, terminating business or business activities with or performing any other action that is intended to limit commercial relations with:
(I) Israel; or
(II) A person or entity doing business in Israel or in territories controlled by Israel,
if such an action is taken in a manner that discriminates on the basis of nationality, national origin or religion.
(2) Does not include an action that is described in subparagraph (1) if the action:
(I) Is based on a bona fide business or economic reason;
(II) Is taken pursuant to a boycott against a public entity of Israel if the boycott is applied in a nondiscriminatory manner; or
(III) Is taken in compliance with or adherence to calls for a boycott of Israel if that action is authorized in 50 U.S.C. § 4607 or any other federal or state law.
(b) "Company" means any domestic or foreign sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited-liability partnership, limited-liability company, or other domestic or foreign entity or business association, including, without limitation, any wholly owned subsidiary, majority owned subsidiary, parent company or affiliate of such an entity or business association, that exists for the purpose of making a profit.
(Added to NRS by 2017, 1611, 1612)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.339 - Prohibition against entering or renewing certain contracts.

Any contract that is entered into or renewed pursuant to this chapter may not:
1. Require the filing of any action or the arbitration of any dispute that arises from the contract to be instituted or heard in another state or nation; or
2. Require the State to indemnify another party against liability for damages.
(Added to NRS by 2021, 2025)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.340 - Award of contract or order for goods: Determination of lowest responsible bidder; written statement to be provided if contract or order is not awarded to lowest bidder.

1. Every contract or order for goods must be awarded to the lowest responsible bidder. To determine the lowest responsible bidder, the Administrator:
(a) Shall consider, if applicable:
(1) The granting of the preference described in NRS 333.3366.
(2) The granting of the preference described in NRS 333.3354.
(3) The imposition of the inverse preference described in NRS 333.33695.
(4) The required standards adopted pursuant to NRS 333.4611.
(b) May consider:
(1) The location of the using agency to be supplied.
(2) The qualities of the articles to be supplied.
(3) The total cost of ownership of the articles to be supplied.
(4) Except as otherwise provided in subparagraph (5), the conformity of the articles to be supplied with the specifications.
(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:
(I) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;
(II) The purchase of the alternative article results in a lower price; and
(III) The Administrator deems the purchase of the alternative article to be in the best interests of the State of Nevada.
(6) The purposes for which the articles to be supplied are required.
(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 Administrator 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 or her.
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.
[23:333:1951]—(NRS A 1997, 486, 1562; 1999, 464, 465, 1027; 2003, 1616; 2009, 2667, 2754; 2017, 2137, 4110; 2021, 299)