reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.350 - Contracts for separate items or portions or groups of items or for portions or groups of portions of project; rejection of all bids or proposals; necessary open market purchases; withdrawal of bid or proposal; records of bids and proposals.

1. A contract may be awarded for separate items or portions or groups of items, or for separate portions or groups of portions of a project, as the best interest of the State requires.
2. If, in the judgment of the Administrator, no satisfactory:
(a) Bid has been received, the Administrator may reject all bids and shall promptly advertise for new bids as provided in this chapter. Until a satisfactory contract is awarded, the Administrator may make as many open market purchases of the commodities involved as are urgently needed to meet the requirements.
(b) Proposal has been received, the Administrator may reject all proposals and may advertise for new proposals as provided in this chapter.
3. The Administrator may allow a person to withdraw his or her bid or proposal without penalty if:
(a) The Administrator believes that an obvious error has been made by the person which would cause him or her financial hardship; and
(b) The contract has not yet been awarded.
4. Each bid or proposal and the name of the person making the bid or proposal must be entered on a record. The record, with the name of the successful bidder or proposer indicated thereon, must, after the award of the contract, be open to public inspection.
[24:333:1951]—(NRS A 1963, 1057; 1985, 44; 1991, 622)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.355 - Administrator of Purchasing Division may request check or bond to accompany bid or proposal.

1. The Administrator may request that a certified check, cashier’s check or bond, in an amount not to exceed 5 percent of the total value of the bid or proposal, accompany a bid or proposal, if the request applies to each person who submits a bid or proposal.
2. No division or department of the State is liable for any expense incurred by or loss of income sustained by any person because of a request made pursuant to subsection 1.
(Added to NRS by 1991, 619)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.360 - Performance bonds; Administrator of Purchasing Division may require check or bond before entering into contract.

1. A bond furnished by a surety company authorized to do business in this state may be required by the Administrator for the proper performance of the contract. The Administrator may request a certified check, cashier’s check or bond, in an amount not to exceed the total amount of the contract, before entering into a contract with a person who submits a successful bid or proposal.
2. No division or department of the State is liable for any expense incurred by or loss of income sustained by any person because of a request made pursuant to subsection 1.
[25:333:1951]—(NRS A 1963, 1058; 1991, 623)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.365 - Breach of contract: Penalties.

1. A person who has entered into a contract with the Purchasing Division or another agency of this state and who does not perform according to the terms of the contract is liable for, in addition to any other applicable damages for breach of contract, a penalty of not more than 5 percent of the total value of the bid or contract. The penalty must be recovered in a civil action upon the complaint of the Administrator in any court of competent jurisdiction. In addition to recovering the penalty and any other applicable damages, the Administrator may refuse to accept a bid from the person or refuse to award a contract to the person, or both, for not more than 2 years.
2. If the Administrator does not bring an action to recover the penalty prescribed by subsection 1, he or she may:
(a) Refuse to accept a bid from the person, refuse to award a contract to the person, or both, for not more than 2 years; and
(b) Impose an administrative penalty, in an amount not to exceed 5 percent of the total value of the bid or contract. Such a penalty may be recovered only after notice is given to the person by mail.
3. A penalty imposed pursuant to subsection 1 or 2 may be deducted from any payment due the person or, if a bond has been issued or a check received, a claim may be made against the bond or check. If no payment is due and no bond was issued or check received, the Administrator may issue a claim for payment of the penalty. The claim must be paid within 30 days.
(Added to NRS by 1991, 619; A 1997, 487; 2003, 870)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.375 - Award of certain contracts to nonprofit organization or agency whose primary purpose is training and employment of persons with mental or physical disabilities.

1. The provisions of NRS 331.100 notwithstanding, and in accordance with the Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations established pursuant to NRS 334.025, the Purchasing Division may award without accepting competitive bids a contract for services or the purchase of commodities to nonprofit organizations or agencies 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 bid for such a contract must:
(1) Register with the Purchasing Division as required pursuant to NRS 334.025; and
(2) Establish a fair-market price for those services or commodities by conducting a market survey and must include the survey with the bid submitted to the Purchasing Division.
(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 1987, 1641; A 2001, 1536; 2007, 2494; 2009, 2237; 2017, 1546)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.380 - Rules of Administrator to provide procedure for unscheduled or emergency purchases and purchases with money from State Purchasing Fund.

Rules of the Administrator must provide the procedure for:
1. The purchase of commodities not scheduled under this chapter.
2. Emergency purchases, defining emergencies and stating the conditions under which emergency purchases may be made, by an agency not specifically authorized by statute to establish its own procedure for emergency purchases.
3. Purchases made with money from the State Purchasing Fund.
[27:333:1951]—(NRS A 1963, 1058; 1983, 388; 1987, 1021)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.390 - Authorization for using agency to purchase items not available directly from state contract; records.

1. Except as otherwise provided in NRS 333.435, the Administrator may authorize using agencies to purchase items that are not available directly from an entity with which the Purchasing Division has entered into a contract if such a purchase is made in accordance with the State Administrative Manual created by NRS 232.004, provisions of this chapter and any regulations adopted pursuant thereto.
2. Each authorization must be revocable at the discretion of the Administrator.
3. A using agency that receives an authorization shall keep a record of:
(a) Its accounts and expenditures pursuant to that authority; and
(b) Evidence indicating that every effort has been made to secure competitive bidding to the extent practicable.
[28:333:1951]—(NRS A 1963, 1058; 1965, 225; 1975, 72; 1979, 176; 1985, 45; 1987, 102; 1991, 623; 2003, 548; 2019, 784)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.395 - Contracts with certificated interstate or intrastate carriers of persons or property; informal quotations of rates.

1. Nothing in this chapter prohibits the Administrator or a using agency 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 the Administrator or a using agency from soliciting informal rate quotations.
(Added to NRS by 1969, 1057)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.400 - Purchase of commodities out of schedule: Quotations to be obtained; exceptions.

1. Every effort shall be made to obtain quotations from three or more vendors when commodities are to be purchased out of schedule, except when standard equipment parts for which prices are established must be obtained from the manufacturer of the equipment or his or her agent or when the article needed is a patented or proprietary one and therefore obtainable from only one source of supply.
2. Urgent requests for immediate purchasing shall be discouraged as much as is practicable.
3. When supplies, materials and equipment urgently are required and time does not permit the obtaining of written quotations, the Administrator may obtain quotations by telephone or otherwise, but such quotations shall be confirmed in writing, and records of all quotations so obtained shall be made on the relative purchase requisitions.
[29:333:1951]—(NRS A 1963, 1059)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.410 - Quotations to be secured from state institutions; preference to products.

So far as practicable, quotations shall be secured from institutions of the State whenever commodities or services are to be secured of kinds that they are prepared to supply through the labor of inmates, and preference shall be given to the products of such institutions, price, quality and time of delivery being considered.
[30:333:1951]
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.420 - Delivery of supplies, material and equipment: Memoranda of shipments and invoices to be transmitted by seller.

Every person, firm or corporation making or causing to be made any delivery of supplies, materials or equipment to any using agency of the State pursuant to any contract or order, whether oral or written, and whether made by the Administrator or by any other officer or agency of the State, promptly shall:
1. Transmit to the agency to which such delivery is made a memorandum of shipment, showing the number of, or other identifying reference to, the contract or order number under which the delivery is made and containing a statement of the commodities shipped and the quantities thereof.
2. Submit an invoice to the Administrator on the form and in the number of copies prescribed by the Administrator or under the authority of the Administrator.
[33:333:1951]—(NRS A 1963, 1059)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.430 - Cooperation of two or more departments in securing supplies: Distribution of expense.

Two or more departments may unite in cooperative work along lines germane to the functions of such departments and otherwise secure from each other supplies; and the heads thereof may agree among themselves on the distribution of the expense to be incurred, subject to the approval of the Administrator or a designated agent of the Administrator.
[38:333:1951]—(NRS A 1963, 1059)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.435 - Purchase of prescription drugs, pharmaceutical services or medical supplies by using agency; maintenance of records.

1. Except as otherwise provided in subsection 2, a using agency shall purchase prescription drugs, pharmaceutical services, or medical supplies and related services, or any combination thereof, only through the Purchasing Division.
2. A using agency may, on its own behalf or in cooperation with one or more other using agencies or, in accordance with the provisions of subsection 3 of NRS 277.110, other governmental entities or private entities within or outside this State, purchase prescription drugs, pharmaceutical services, or medical supplies and related services from an entity other than the Purchasing Division if the using agency or using agencies or other governmental entities, as applicable, can obtain the best value for prescription drugs, pharmaceutical services, or medical supplies and related services from the other entity and the Purchasing Division is unable to match or exceed that best value in a timely manner.
3. If a using agency purchases prescription drugs, pharmaceutical services, or medical supplies and related services from an entity other than the Purchasing Division pursuant to subsection 2, the using agency shall maintain a record of:
(a) The purchase price for the prescription drugs, pharmaceutical services, or medical supplies and related services; and
(b) The name, address and telephone number of the entity that sold the using agency the prescription drugs, pharmaceutical services, or medical supplies and related services.
4. Any record created pursuant to subsection 3 is a public record.
(Added to NRS by 2003, 547; A 2005, 670; 2021, 1754, 2026)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.450 - Payment of claims for supplies, materials, equipment and services; annual assessment of fee for procurement and inventory services provided to using agencies; assessment of administrative fee on vendors for supplies, materials, equipment or services obtained on behalf of entities on a voluntary basis to offset operating expenses of Purchasing Division; regulations.

1. Except as otherwise provided in NRS 227.185, claims for supplies, materials, equipment and services purchased pursuant to the provisions of this chapter must, when approved by the Administrator, be paid in the same manner as other claims against the State are required to be paid.
2. The Administrator shall annually assess each using agency a fee for the procurement and inventory services provided by the Purchasing Division to the using agency. The fee must be based on the using agency’s use of the procurement and inventory services of the Purchasing Division during preceding years. The Administrator shall adjust the formula for calculating the fee each biennium.
3. If an agency is not a using agency, the Administrator shall assess a fee of not more than the cost to the Purchasing Division to process the order for the agency.
4. If the Purchasing Division has obtained supplies, materials, equipment or services pursuant to a single contract or order from a vendor on behalf of two or more using agencies or governmental entities which have obtained supplies, materials, equipment or services on a voluntary basis from the Purchasing Division pursuant to NRS 333.469 or 333.470, or any combination thereof, the Administrator may assess and collect from the vendor an administrative fee in an amount not to exceed 4 percent of the total cost of the supplies, materials, equipment or services.
5. The administrative fee collected pursuant to subsection 4 may be used by the Administrator to offset the operating expenses of the Purchasing Division, including, without limitation, the implementation and maintenance of a system of on-line bidding or a computer system for the management and reporting of the procurement process.
6. The Administrator may adopt regulations to carry out the provisions of this section.
7. As used in this section, "on-line bidding" has the meaning ascribed to it in NRS 333.313.
[44:333:1951; A 1953, 585]—(NRS A 1963, 1059; 1965, 1021; 1973, 628; 1983, 388; 1995, 368; 1999, 1415; 2003, 628; 2011, 457; 2017, 2175)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.460 - Payment by using agency by transfer or warrant.

Within 5 working days after the receipt of supplies, materials and equipment, each state officer, department, institution, board, commission or agency shall authorize the State Controller to draw money by transfer or warrant from the using agency’s account for payment of the claim.
[46:333:1951; A 1953, 585]—(NRS A 1963, 1060; 1965, 224, 1022; 1983, 388; 1991, 624; 1999, 1416)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.4603 - Definitions.

As used in this section and NRS 333.4606 and 333.4609, unless the context otherwise requires:
1. "Postconsumer waste" means a finished material which would normally be disposed of as a solid waste having completed its life cycle as a consumer item.
2. "Recycled paper product" means all paper and wood-pulp products containing in some combination at least 50 percent of its total weight:
(a) Postconsumer waste; and
(b) Secondary waste,
but 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.
3. "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 by 1991, 1674)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.4606 - Administrator of Purchasing Division to revise specifications for procuring goods and products; preference to purchase recycled products; conditions under which bidder whose product contains postconsumer waste deemed lowest bidder.

1. The Administrator shall review and revise the specifications for procuring goods and products for the using agencies to eliminate discrimination against the procurement or purchase of recycled products whenever the quality of a recycled product is reasonably equal to the same product manufactured with virgin resources. Except for specifications which have been established to preserve the public health and safety, all specifications for procurement must be established in a manner which results in the maximum procurement and purchase of recycled products.
2. When purchasing goods and products for the using agencies, the Administrator shall give preference to recycled products if:
(a) The product meets the applicable standards;
(b) The product can be substituted for a comparable nonrecycled product; and
(c) The product costs no more than a comparable nonrecycled product.
3. When purchasing goods and products for the using agencies, the Administrator may give preference to recycled products if:
(a) The product meets the applicable standards;
(b) The product can be substituted for a comparable nonrecycled product; and
(c) The product costs no more than 5 percent more than a comparable nonrecycled product.
4. To encourage the use of postconsumer waste, a bidder who manufactures a product in Nevada that contains postconsumer waste shall be deemed to be the lowest bidder if:
(a) At least 50 percent of the product, by weight, contains postconsumer waste;
(b) The product complies with the applicable standards; and
(c) The amount of the bid is not more than 10 percent higher than the bid of any other bidder.
5. A bidder whose product contains postconsumer waste shall certify in writing:
(a) That the product contains postconsumer waste; and
(b) The percentage of postconsumer waste, by weight, that is contained in the product.
(Added to NRS by 1991, 1674)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.4609 - Regulations to give preference to purchase of recycled paper products; purchase of recycled paper products by Administrator of Purchasing Division.

1. After consultation with the State Department of Conservation and Natural Resources, the Administrator shall adopt regulations governing the bidding procedure and specifications for paper and paper products purchased by the Purchasing Division that encourage the maximum purchase of recycled paper products. The specifications must give preference to recycled paper products manufactured with the highest percentage of recycled material.
2. When purchasing any paper or paper products for use by a using agency, the Administrator shall purchase recycled paper products if the specific recycled paper product is:
(a) Available at a price not more than that of paper products made from virgin material;
(b) Of adequate quality; and
(c) Available to the purchaser within a reasonable period.
3. When purchasing any paper or paper products for use by a using agency, the Administrator may purchase recycled paper products if the specific recycled paper product is:
(a) Available at a price not more than 10 percent higher than that of paper products made from virgin material;
(b) Of adequate quality; and
(c) Available to the purchaser within a reasonable period.
(Added to NRS by 1991, 1675)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.4611 - Regulations establishing standards for devices that use electricity, natural gas, propane or oil; exceptions.

1. The Administrator shall adopt regulations which set forth standards to be used by using agencies when purchasing new appliances, equipment, lighting and other devices that use electricity, natural gas, propane or oil. Except as otherwise provided in subsection 2, the standards must require that such new appliances, equipment, lighting and other devices have received the Energy Star label pursuant to the program established pursuant to 42 U.S.C. § 6294a, or its successor, or meet the requirements established pursuant to 48 C.F.R. § 23.203.
2. The standards described in subsection 1 do not apply insofar as:
(a) No items in a given class of appliances, equipment, lighting or other devices have been evaluated to determine whether they are eligible to receive the Energy Star label or have been designated by the Federal Government to meet the requirements established pursuant to 48 C.F.R. § 23.203; or
(b) The purchase of new appliances, equipment, lighting or other devices that have received the Energy Star label would not be cost-effective in an individual instance, comparing the cost of the item to the cost of the amount of energy that will be saved over the useful life of the item.
(Added to NRS by 2009, 2754)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.469 - Use of facilities of Purchasing Division by Legislative and Judicial Departments and Civil Air Patrol to obtain supplies, materials and equipment.

Any agency, bureau, commission or officer of the Legislative Department or the Judicial Department of the State Government or the Nevada Wing of the Civil Air Patrol or any squadron thereof may obtain supplies, materials and equipment on a voluntary basis through the facilities of the Purchasing Division.
(Added to NRS by 1963, 488; A 1975, 338; 1983, 1900; 2019, 785)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.470 - Use of facilities of Purchasing Division by Nevada System of Higher Education, local governments and districts to obtain supplies, materials and equipment.

The Nevada System of Higher Education, local governments as defined in NRS 354.474, conservation districts and irrigation districts in the State of Nevada may obtain supplies, materials and equipment on a voluntary basis through the facilities of the Purchasing Division.
[40:333:1951]—(NRS A 1963, 505, 1280; 1967, 203; 1969, 1430; 1975, 249; 1981, 1188; 1993, 392; 1995, 2044; 1999, 1818; 2003, 549; 2005, 670; 2019, 785)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.475 - Entering into contract pursuant to solicitation for bid or proposal by other governmental entities.

1. The Administrator may enter into a contract pursuant to a solicitation for a bid or proposal by:
(a) A governmental entity located in this State; or
(b) A governmental entity located outside of this State if the entity uses an open and competitive method of awarding the contract that is substantially similar to the method prescribed by state law.
2. The provisions of subsection 1 apply regardless of whether the solicitation the Administrator seeks to join is open or completed.
(Added to NRS by 2019, 779)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.480 - Purchase and acquisition of supplies, materials or equipment from vendor who has entered into agreement with General Services Administration or certain other federal agencies; prohibition if contractor’s license required for agreement.

1. Except as otherwise provided in subsection 2, the Administrator may purchase or acquire on behalf of the State of Nevada, and all officers, departments, institutions, boards, commissions, schools and other agencies in the Executive Department of the State Government, volunteer fire departments, local governments as defined in NRS 354.474, conservation districts or irrigation districts of the State of Nevada, any supplies, materials or equipment of any kind required or deemed advisable for the state officers, departments, institutions, boards, commissions, schools, volunteer fire departments and other agencies or local governments as defined in NRS 354.474, conservation districts or irrigation districts that may be available pursuant to an agreement with a vendor who has entered into an agreement with the General Services Administration or another federal agency dealing in supplies, materials, equipment or donable surplus material if:
(a) The prices for the supplies, materials or equipment negotiated in the agreement that the Administrator enters into with the vendor are substantially similar to the prices for those supplies, materials or equipment that the vendor had negotiated with the General Services Administration or other federal agency; and
(b) The Administrator determines that such an agreement would be in the best interests of the State.
2. The Administrator shall not enter into an agreement pursuant to subsection 1 if a contractor’s license issued pursuant to chapter 624 of NRS is required for any portion of the agreement.
[42:333:1951; A 1953, 585]—(NRS A 1963, 49, 489, 1285; 1975, 249; 1989, 2145; 2001, 1320; 2013, 69; 2019, 785)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.490 - Procurement and distribution of federal surplus property to eligible institutions and organizations; creation of Surplus Property Administration Account.

1. The Administrator shall secure, warehouse and distribute throughout the state federal donable surplus property to tax-supported or nonprofit schools and other health and educational institutions, to organizations for emergency management, to volunteer fire departments, and to such other institutions or activities as are eligible pursuant to federal law to acquire such property. The Administrator may make such certifications, develop and sign such plans of operation, take such action and enter into such contracts and undertakings for and in the name of the State as are authorized or required by federal law or regulations in connection with the receipt, warehousing and distribution of federal donable surplus property received by him or her. The Administrator may adopt regulations, prescribe requirements and take the necessary action to ensure maximum utilization by and benefit to eligible institutions and organizations from the federal donable surplus property. The Administrator shall charge the schools and institutions receiving donable surplus property secured through the Purchasing Division, the charge to be a percentage of the cost of acquisition or of the fair value of the item requested that is sufficient to repay part or all of the cost of transportation and other costs incurred in acquisition of the property.
2. All money received by the Administrator pursuant to this section must be deposited in the State Treasury for credit to the Surplus Property Administration Account, which is hereby created in the State Purchasing Fund. The interest and income earned on the money in the Account must be credited to the Account. All expenses for the distribution of federal surplus property must be paid from the Account as other claims against the State are paid.
3. The Administrator may discontinue temporarily or terminate entirely the operation of purchasing and distributing donable surplus property at any time if there is not a sufficient flow of property to make continued employment of personnel for this purpose beneficial to the State.
[43:333:1951; A 1953, 585]—(NRS A 1957, 151; 1963, 50, 1062; 1979, 105; 1983, 176; 1985, 46; 1991, 1766; 1995, 368; 2001, 691)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.495 - Authorizations to secure transfer of federal surplus property to state departments, agencies or political subdivisions.

1. Any provision of law to the contrary notwithstanding, the governing board or, if there be none, the executive head of any state department or agency or any local government as defined in NRS 354.474, conservation district or irrigation district may, by order or resolution, confer upon any officer or employee thereof authority to secure the transfer to it of federal donable surplus property under this chapter and agree on behalf of the State or local government as defined in NRS 354.474, conservation district or irrigation district to comply with the terms and conditions of such transfers.
2. The authority conferred upon any such officer or employee by any such order or resolution shall remain in effect unless and until the order or resolution is revoked and written notice of such revocation has been received by the Administrator.
(Added to NRS by 1957, 151; A 1963, 1062; 1975, 250)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.710 - Contracts for security services when personnel of Capitol Police Division not available; use of independent contractors by Supreme Court.

1. If personnel of the Capitol Police Division of the Department of Public Safety are not available to provide security services for a building, office or other facility of a using agency, the using agency may, pursuant to NRS 333.700, contract with one or more independent contractors to provide such services.
2. If the Chief Justice of the Supreme Court determines that additional security is needed for the safe operation of any facility or building that is owned by or leased to the Supreme Court and occupied by its employees, the Supreme Court may contract with one or more independent contractors to provide security services for the facility or building. Any contractor with whom the Supreme Court contracts for these services is subject to the oversight of a peace officer who provides security services for the Supreme Court and who is designated and directed by the Chief Justice.
3. An independent contractor with whom a using agency contracts pursuant to subsection 1 must:
(a) Be licensed as a private patrol officer pursuant to chapter 648 of NRS or employed by a person so licensed; and
(b) Possess the skills required of and meet the same physical requirements as law enforcement personnel certified by the Peace Officers’ Standards and Training Commission created pursuant to NRS 289.500.
4. An independent contractor with whom the Supreme Court contracts pursuant to subsection 2 must be licensed as a private patrol officer pursuant to chapter 648 of NRS or employed by a person so licensed.
(Added to NRS by 2009, 2231; A 2011, 80)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.800 - Prohibited acts by bidders before award of contract; penalty.

1. Before a contract is awarded, a person who has provided a bid or proposal on the contract 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, the Administrator, a purchasing officer or an employee of the using agency for which the contract is being offered;
(b) Offer, give or promise to offer or give money, a gratuity or any other thing of value to the Administrator, a purchasing officer or an employee of the using agency for which the contract is being offered; or
(c) Solicit or obtain from the Administrator, a purchasing officer or an employee of the using agency for which the contract is being offered:
(1) Any proprietary information regarding the contract; or
(2) Any information regarding a bid or proposal on the contract 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, 1732; A 2007, 2469; 2013, 982)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.810 - Purchases and contracts made contrary to provisions of chapter void; liability of state officers and employees; exception.

1. Except as otherwise provided in subsection 3, any purchase and any contract for the purchase of any service, supplies, materials or equipment, made or entered into by any state officer, department, institution, board, commission or agency contrary to the provisions of this chapter and the rules and regulations of the Administrator promulgated pursuant thereto, shall be void; but the head of the using agency and the employee who actually made such purchase or entered into such contract shall be personally liable for the costs of any service, supplies, materials or equipment delivered pursuant to such purchase or contract.
2. Any contract made with any person, firm or corporation shall be void if any member, officer or employee of any using agency taking part in the making of such contract is also an officer or employee or owner of a substantial part or interest in such firm or corporation.
3. The provisions of this section do not apply to a contract for the purchase of any service, supplies, materials or equipment for a public work that is awarded in compliance with chapter 338 of NRS.
4. As used in this section, "public work" has the meaning ascribed to it in NRS 338.010.
[48:333:1951]—(NRS A 1963, 1062; 2013, 51)
2023 Nevada Revised Statutes › Chapter 333 - Purchasing: State › NRS 333.820 - 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, the Administrator, the Purchasing Division or a using agency 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 the Administrator, the Purchasing Division or a using agency 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 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.005 - Legislative declaration.

The Legislature hereby declares that it is the policy of this State to encourage, to the extent practicable, a using agency to:
1. Utilize the process set forth in this chapter to implement any operating cost-savings measure to reduce costs related to energy, water or the disposal of waste; and
2. Continually review whether the using agency could utilize the process set forth in this chapter to implement any operating cost-savings measure to reduce costs related to energy, water or the disposal of waste.
(Added to NRS by 2021, 2560)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.010 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 333A.015 to 333A.070, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2003, 3054; A 2005, 2901)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.015 - "Board" defined.

"Board" means:
1. If the using agency that enters into a performance contract is the Nevada System of Higher Education, the Board of Regents of the University of Nevada; or
2. For any other using agency that enters into a performance contract, the State Board of Examiners.
(Added to NRS by 2005, 2895)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.020 - Building" defined.

"Building" means any structure, building or facility, including any equipment, furnishings or appliances within the structure, building or facility, that is owned or operated by a using agency. The term includes, without limitation, occupied and unoccupied structures, buildings and facilities, and any other improvements owned or operated by a using agency that incur operating costs.
(Added to NRS by 2003, 3054)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.030 - 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, 3054)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.060 - Qualified service company" defined.

"Qualified service company" means a person with a record of established projects or a person with demonstrated technical, operational, financial and managerial capabilities to design and carry out operating cost-savings measures and other similar building improvements, and who has the ability to secure necessary financial measures to ensure related guarantees for operating cost savings.
(Added to NRS by 2003, 3055)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.070 - "Using agency" defined.

"Using agency" means all officers, departments, 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 includes the Nevada System of Higher Education, but does not include the Nevada Rural Housing Authority, local governments as defined in NRS 354.474, conservation districts and irrigation districts.
(Added to NRS by 2003, 3055)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.075 - Authority of using agency to enter into performance contract; purpose of performance contract; compliance with applicable building codes.

1. Notwithstanding any provision of this chapter, chapter 333 and 338 of NRS to the contrary, a using agency may enter into a performance contract with a qualified service company for the purchase and installation of one or more operating cost-savings measures to reduce costs related to energy, water and the disposal of waste, and related labor costs.
2. Any operating cost-savings measures put into place as a result of a performance contract must comply with all applicable building codes.
(Added to NRS by 2005, 2895)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.084 - Requirements for comprehensive audits.

1. Each comprehensive audit performed pursuant to paragraph (b) of subsection 1 of NRS 333A.082 must include, without limitation:
(a) An assessment of any operating cost-savings measure that might be implemented within the building of the using agency, including, without limitation, any operating cost-savings measure specifically requested by the using agency;
(b) An estimate of the costs associated with implementing an operating cost-savings measure described in paragraph (a);
(c) A comparison of the energy and water consumption in the building of the using agency to the energy and water consumption in similar buildings; and
(d) A report that compares the current pattern of the costs to the using agency associated with energy consumption, water consumption and the disposal of waste, and related labor costs, to the projected costs if the using agency implements operating cost-savings measures.
2. A comprehensive audit must be based on:
(a) A review and analysis of the historical energy and water usage of the using agency; and
(b) Surveys, plans, specifications or drawings that provide details of the structure or design of the building of the using agency.
3. The using agency shall provide to each qualified service company that intends to perform a comprehensive audit the records of the energy and water consumption of the building.
(Added to NRS by 2005, 2896)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.086 - Third-party consultants.

1. A using agency that selects a qualified service company pursuant to NRS 333A.082 shall retain the professional services of a third-party consultant to work on behalf of the using agency in coordination with the qualified service company.
2. A third-party consultant retained pursuant to subsection 1 must be certified by the Association of Energy Engineers as a "Certified Energy Manager" or hold similar credentials from a comparable nationally recognized organization.
3. The duties of a third-party consultant retained pursuant to subsection 1 may include, without limitation:
(a) Assisting the using agency in reviewing the operating cost-savings measures proposed by the qualified service company;
(b) Overseeing the construction of the operating cost-savings measures; and
(c) Monitoring the operating cost savings after the construction of the operating cost-savings measures is completed.
4. The Purchasing Division of the Department of Administration may procure sufficient funding from the qualified service company, through negotiation, to pay for the third-party consultant out of the proceeds relating to the performance contract. A qualified service company shall not pay a third-party consultant directly for the work described in subsection 3.
5. A third-party consultant retained pursuant to subsection 1 may recommend that the using agency not execute the performance contract. If the using agency does not execute the performance contract, the using agency shall pay the third-party consultant a prenegotiated fee based on the work completed by the third-party consultant.
(Added to NRS by 2005, 2897)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.090 - Financing and structure of performance contract; minimum annual operating cost savings from performance contract; change orders.

1. Any financing related to a performance contract must be approved by the Board.
2. A performance contract may be financed through:
(a) A person other than the qualified service company.
(b) An installment-purchase contract or lease-purchase contract. Such an installment-purchase contract or lease-purchase contract is not subject to:
(1) The provisions of NRS 353.500 to 353.630, inclusive.
(2) Any requirement of competitive bidding or other restriction imposed on the procedure for the awarding of contracts or the procurement of goods or services.
3. A performance contract may be structured as:
(a) A performance contract that guarantees 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 using agency, including, without limitation, any financing charges to be incurred by the using agency over the life of the performance contract. The using agency may require that these savings be verified:
(1) When the work required by the performance contract is completed and 1 year after that work is completed; or
(2) Over a sufficient period that demonstrates savings.
(b) A shared-savings contract which includes provisions mutually agreed upon by the using agency and qualified service company as to the negotiated rate of payments based upon operating cost savings and a stipulated maximum consumption level of energy or water, or both energy and water, over the life of the contract.
4. The annual operating cost savings resulting from a performance contract must meet or exceed the total annual contract payments to be made by the using agency, including any financing charges to be incurred by the using agency over the life of the performance contract.
5. A change order to a performance contract executed pursuant to NRS 333A.080 may not be approved by the using agency if the cost of the change order would cause the annual operating cost savings resulting from the performance contract to be less than the total annual contract payments to be made by the using agency, including any financing charges to be incurred by the using agency over the life of the performance contract, unless approval of the change order is more economically feasible than termination of the operating cost-savings measure.
(Added to NRS by 2003, 3058; A 2005, 2903; 2007, 926)