reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-104 - Fair labor standards, defined.

73-104.
Fair labor standards, defined.
Fair labor standards, as used in sections 73-102 and 73-103 shall be construed to mean such a scale of wages and conditions of employment as are paid and maintained by at least fifty percent of the contractors in the same business or field of endeavor as the contractor filing such statement.
Source
Laws 1939, c. 55, § 2, p. 227;
C.S.Supp.,1941, § 73-103;
R.S.1943, § 73-104.
Annotations
Provision for payment of a sum no less than going wage is a proper fair labor standard, while payment of fixed sum irrespective of going wage is not. Philson v. City of Omaha, 167 Neb. 360, 93 N.W.2d 13 (1958).
Home rule charter controlled contract for improvement of water system. Niklaus v. Miller, 159 Neb. 301, 66 N.W.2d 824 (1954).
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-105 - Violations; penalties.

73-105.
Violations; penalties.
Any officer or person who may be in charge of any such bids prior to the time fixed for the simultaneous opening, who shall open prior to such time, or otherwise disclose to any bidder the contents, amount or other details of any rival bid, shall be guilty of a Class IV misdemeanor. Any person violating any of the provisions of sections 73-101 to 73-104 shall be guilty of a Class IV misdemeanor.
Source
Laws 1923, c. 131, § 1, p. 324;
C.S.1929, § 73-101;
Laws 1935, c. 145, § 1, p. 539;
C.S.Supp.,1941, § 73-101;
R.S.1943, § 73-105;
Laws 1977, LB 39, § 181.
Annotations
Effect of penalty raised but not decided. Niklaus v. Miller, 159 Neb. 301, 66 N.W.2d 824 (1954).
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-106 - School district; construction, remodeling, or repair of building; advertise for bids; applicability.

73-106.
School district; construction, remodeling, or repair of building; advertise for bids; applicability.
(1) Whenever any public school district in the state expends public funds for the construction, remodeling, or repair of any school-owned building or for site improvements, other than those expenditures authorized by section 81-829.51 for emergency expenditures or section 79-10,104 for facilities which are not to be owned by the district following their completion, the school board or its representative shall advertise for bids in the regular manner established by the board and accept or reject bids pursuant to section 73-101.
(2) This section does not apply to any construction, remodeling, or repair of any school-owned building or site improvements in which the contemplated expenditure for the complete project does not exceed one hundred thousand dollars. The State Board of Education shall adjust the dollar amount in this subsection every fifth year. The first such adjustment after August 30, 2015, shall be effective on July 1, 2020. The adjusted amount shall be equal to the then current amount adjusted by the cumulative percentage change in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the five-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount.
(3) This section does not apply to the acquisition of existing buildings, purchase of new sites, or site expansions by the school district.
Source
Laws 1979, LB 130, § 1;
Laws 1981, LB 218, § 2;
Laws 1996, LB 900, § 1061;
Laws 2001, LB 420, § 34;
Laws 2015, LB283, § 2;
Laws 2015, LB431, § 1.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-107 - Resident disabled veteran or business located in designated enterprise zone; preference; contract not in compliance with section; null and void.

73-107.
Resident disabled veteran or business located in designated enterprise zone; preference; contract not in compliance with section; null and void.
(1) When a state contract is to be awarded to the lowest responsible bidder, a resident disabled veteran or a business located in a designated enterprise zone under the Enterprise Zone Act shall be allowed a preference over any other resident or nonresident bidder if all other factors are equal.
(2) For purposes of this section, resident disabled veteran means any person (a) who resides in the State of Nebraska, who served in the United States Armed Forces, including any reserve component or the National Guard, who was discharged or otherwise separated with a characterization of honorable or general (under honorable conditions), and who possesses a disability rating letter issued by the United States Department of Veterans Affairs establishing a service-connected disability or a disability determination from the United States Department of Defense and (b)(i) who owns and controls a business or, in the case of a publicly owned business, more than fifty percent of the stock is owned by one or more persons described in subdivision (a) of this subsection and (ii) the management and daily business operations of the business are controlled by one or more persons described in subdivision (a) of this subsection.
(3) Any contract entered into without compliance with this section shall be null and void.
Source
Laws 2013, LB224, § 1.
Cross References
Enterprise Zone Act, see section 13-2101.01.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-201 - Legislative findings.

73-201.
Legislative findings.
The Legislature finds that:
(1) Article IV, section 6, of the Constitution of Nebraska requires that the affairs of the state be economically and efficiently administered and thereby imposes a duty to expend no more for any service than it is worth;
(2) The types and provisions of contracts executed on behalf of the state have a direct bearing on the economical and efficient administration of the affairs of the state; and
(3) Fee-for-service contracts are the usual, customary, and accepted manner of contracting on behalf of the state.
Source
Laws 1995, LB 519, § 1.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-202 - Terms, defined.

73-202.
Terms, defined.
For purposes of sections 73-201 to 73-204:
(1) Contingent fee means any fee, whether commission, percentage, brokerage, finder's fee, or contingent fee or otherwise denominated, which is a percentage or portion of the amount or value recovered, obtained, or involved;
(2) Contingent fee contract means any contract or agreement which provides for payment of a contingent fee; and
(3) State means any department or agency of the state other than (a) the University of Nebraska, (b) the Nebraska state colleges, and (c) any other board, commission, or agency established by the Constitution of Nebraska.
Source
Laws 1995, LB 519, § 4.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-203 - Contingent fee contract; executed by state; void; exception.

73-203.
Contingent fee contract; executed by state; void; exception.
Any contingent fee contract of any kind whatsoever reasonably anticipated to result in the payment of a contingent fee or fees in excess of twenty-five thousand dollars per annum executed by the state or by any person on behalf of the state after September 9, 1995, is void unless executed by the Governor upon thirty days' notice to the public at large.
Source
Laws 1995, LB 519, § 2.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-204 - Contingent fee contract; executed by constitutional agency; void; exception.

73-204.
Contingent fee contract; executed by constitutional agency; void; exception.
Any contingent fee contract of any kind whatsoever reasonably anticipated to result in the payment of a contingent fee or fees in excess of twenty-five thousand dollars per annum executed by (1) the University of Nebraska, (2) the Nebraska state colleges, or (3) any other board, commission, or agency established by the Constitution of Nebraska after September 9, 1995, is void unless executed by the highest executive officer thereof upon thirty days' notice to the public at large.
Source
Laws 1995, LB 519, § 3.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-205 - Technology access clause; requirements.

73-205.
Technology access clause; requirements.
(1) The Commission for the Blind and Visually Impaired, the Nebraska Information Technology Commission, and the Chief Information Officer, in consultation with other state agencies and after at least one public hearing, shall develop a technology access clause to be included in all contracts entered into by state agencies on and after January 1, 2001.
(2) The technology access clause shall clearly state, as a condition for the expenditure of state funds in the purchase of information technology, that the input and output technology shall be capable of supporting modification and otherwise provide for equivalent access for both visual and nonvisual use.
(3) The technology access clause shall be included in all contracts made by state agencies that involve the purchase of an automated information system, without regard to:
(a) The source of funds used to make the purchase;
(b) Whether the purchase is made under delegated purchasing authority; or
(c) The source of law under which the purchase is made.
Source
Laws 2000, LB 352, § 19.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-301 - Director of Administrative Services; duties.

73-301.
Director of Administrative Services; duties.
The Director of Administrative Services shall review and approve or disapprove any contract for personal services between a private entity and any state agency, other than (1) the University of Nebraska, (2) the Nebraska state colleges, and (3) any other board, commission, or agency established by the Constitution of Nebraska, if, on the effective date of the contract, the personal services are performed by permanent state employees of the agency and will be replaced by services performed by the private entity. The contract shall be subject to the public bidding procedures established in sections 81-145 to 81-162 except in emergencies approved by the Governor.
For purposes of this section, contract for personal services means an agreement by a contractor to provide human labor but does not mean a contract to supply only goods or personal property. The term includes contracts with private service providers, consultants, and independent service contractors.
Source
Laws 1995, LB 519, § 5.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-302 - State agency; duties.

73-302.
State agency; duties.
(1) A state agency that seeks to enter into a contract described in section 73-301 with a private entity shall submit the following information to the Director of Administrative Services: (a) The proposed contract, (b) a review of the long-term actual cost savings, (c) the measurable goals for improving the quality of the service, and (d) an assessment of the feasibility of alternatives within the agency to contracting for performance of the service.
(2) In calculating the cost savings under subsection (1) of this section, the state agency shall project, for twelve months and for sixty months, the following:
(a) Direct costs, including salary and fringe benefits;
(b) Indirect overhead costs which shall include only those costs that can be attributed solely to the work in question and that would not exist if the work were not performed by state employees. Indirect overhead costs shall include the pro rata share of existing administrative salaries and benefits, rents, equipment costs, utilities, and materials;
(c) Any continuing or transitional costs that are directly associated with contracting for the work, including unemployment compensation and the cost of transitional services; and
(d) Additional costs of performance of the work by state employees, including the salaries and benefits of additional staff performing inspection, supervision, and monitoring duties and the cost of additional space, equipment, and materials needed to perform the services.
Source
Laws 1995, LB 519, § 6.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-303 - State agency; displaced state employees; plan of assistance.

73-303.
State agency; displaced state employees; plan of assistance.
A state agency that seeks to enter into a contract described in section 73-301 shall also submit to the Director of Administrative Services a formal plan of assistance to the state employees of such state agency who will be displaced by such contract. The plan shall include, but need not be limited to, the following provisions:
(1) Efforts by the state agency to place displaced employees in vacant positions in that agency or another state agency;
(2) Provisions in the contract for personal services, if feasible, for the hiring of displaced employees by the contractor; and
(3) Demonstration by the state agency that it has taken formal and positive steps in considering alternatives to such contract, including reorganization, reevaluation of service, and reevaluation of performance.
Source
Laws 1995, LB 519, § 7.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-304 - Director of Administrative Services; approve contract; when.

73-304.
Director of Administrative Services; approve contract; when.
The Director of Administrative Services may approve a proposed contract if:
(1) The potential economic advantage of contracting is not outweighed by the public's interest in having the particular services performed directly by the state agency;
(2) The contract does not adversely affect the state's affirmative action efforts;
(3) The contract will include adequate control mechanisms to insure that the services are provided pursuant to the terms of the contract; and
(4) The private entity is fairly compensating its employees.
Source
Laws 1995, LB 519, § 8.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-305 - Director of Administrative Services; report required.

73-305.
Director of Administrative Services; report required.
The Director of Administrative Services shall, within forty-five days after receipt of the information described in sections 73-302 and 73-303 from the state agency, prepare a report detailing why the proposed contract was approved or disapproved. The report shall be delivered electronically to the chairperson of the Appropriations Committee of the Legislature and the Legislative Fiscal Analyst.
Source
Laws 1995, LB 519, § 9;
Laws 2012, LB782, § 133.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-306 - Rules and regulations.

73-306.
Rules and regulations.
The Department of Administrative Services shall adopt and promulgate rules and regulations to carry out sections 73-301 to 73-305. Such rules and regulations shall apply to the Director of Administrative Services in carrying out his or her duties pursuant to such sections.
Source
Laws 1995, LB 519, § 10.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-307 - Sections; applicability; how construed.

73-307.
Sections; applicability; how construed.
Sections 73-301 to 73-306 shall not apply to the Nebraska Consultants' Competitive Negotiation Act, the State Park System Construction Alternatives Act, sections 39-2808 to 39-2823, or section 57-1503.
Sections 73-301 to 73-306 shall not be construed to apply to renewals of contracts already approved pursuant to or not subject to such sections, to amendments to such contracts, or to renewals of such amendments unless the amendments would directly cause or result in the replacement by the private entity of additional permanent state employees or positions greater than the replacement caused by the original contract.
Source
Laws 1995, LB 519, § 11;
Laws 2011, First Spec. Sess., LB4, § 4;
Laws 2016, LB960, § 29;
Laws 2018, LB775, § 35.
Cross References
Nebraska Consultants' Competitive Negotiation Act, see section 81-1702.
State Park System Construction Alternatives Act, see section 37-1701.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-401 - Contract with state agency; Public Counsel; jurisdiction.

73-401.
Contract with state agency; Public Counsel; jurisdiction.
Except for long-term care facilities subject to the jurisdiction of the state long-term care ombudsman pursuant to the Long-Term Care Ombudsman Act, the contracting agency shall ensure that any contract which a state agency enters into or renews which agrees that a corporation, partnership, business, firm, governmental entity, or person shall provide health and human services to individuals or service delivery, service coordination, or case management on behalf of the State of Nebraska shall contain a clause requiring the corporation, partnership, business, firm, governmental entity, or person to submit to the jurisdiction of the Public Counsel under sections 81-8,240 to 81-8,254 with respect to the provision of services under the contract.
Source
Laws 1997, LB 622, § 120;
Laws 2012, LB821, § 40.
Cross References
Long-Term Care Ombudsman Act, see section 81-2237.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-501 - Purposes of sections.

73-501.
Purposes of sections.
The purposes of sections 73-501 to 73-510 are to establish a standardized, open, and fair process for selection of contractual services, using performance-based contracting methods to the maximum extent practicable, and to create an accurate reporting of expended funds for contractual services. This process shall promote a standardized method of selection for state contracts for services, assuring a fair assessment of qualifications and capabilities for project completion. There shall also be an accountable, efficient reporting method of expenditures for these services.
Source
Laws 2003, LB 626, § 1;
Laws 2012, LB858, § 5.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-502 - Terms, defined.

73-502.
Terms, defined.
For purposes of sections 73-501 to 73-510:
(1) Contract for services means any contract that directly engages the time or effort of an independent contractor whose purpose is to perform an identifiable task, study, or report rather than to furnish an end item of supply, goods, equipment, or material;
(2) Division means the materiel division of the Department of Administrative Services;
(3) Emergency means necessary to meet an urgent or unexpected requirement or when health and public safety or the conservation of public resources is at risk;
(4) Occasional means seasonal, irregular, or fluctuating in nature;
(5) Sole source means of such a unique nature that the contractor selected is clearly and justifiably the only practicable source to provide the service. Determination that the contractor selected is justifiably the sole source is based on either the uniqueness of the service or sole availability at the location required;
(6) State agency means any agency, board, or commission of this state other than the University of Nebraska, the Nebraska state colleges, the courts, the Legislature, or any officer or state agency established by the Constitution of Nebraska; and
(7) Temporary means a finite period of time with respect to a specific task or result relating to a contract for services.
Source
Laws 2003, LB 626, § 2;
Laws 2012, LB858, § 6.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-503 - Documentation; requirements.

73-503.
Documentation; requirements.
(1) All state agencies shall process and document all contracts for services through the state accounting system. The Director of Administrative Services shall specify the format and type of information for state agencies to provide and approve any alternatives to such formats. All state agencies shall enter the information on new contracts for services and amendments to existing contracts for services. State agency directors shall ensure that contracts for services are coded appropriately into the state accounting system.
(2) The requirements of this section also apply to the courts, the Legislature, and any officer or state agency established by the Constitution of Nebraska, but not to the University of Nebraska.
(3) The Nebraska state colleges shall document all contracts for services through the state accounting system.
(4) The Director of Administrative Services shall establish a centralized database, either through the state accounting system or through an alternative system, which specifically identifies where a copy of each contract for services may be found.
Source
Laws 2003, LB 626, § 3;
Laws 2012, LB858, § 7.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-504 - Competitive bidding requirements.

73-504.
Competitive bidding requirements.
Except as provided in section 73-507:
(1) All state agencies shall comply with the review and competitive bidding processes provided in this section for contracts for services. Unless otherwise exempt, no state agency shall expend funds for contracts for services without complying with this section;
(2) All proposed state agency contracts for services in excess of fifty thousand dollars shall be bid in the manner prescribed by the division procurement manual or a process approved by the Director of Administrative Services. Bidding may be performed at the state agency level or by the division. Any state agency may request that the division conduct the competitive bidding process;
(3) If the bidding process is at the state agency level, then state agency directors shall ensure that bid documents for each contract for services in excess of fifty thousand dollars are prereviewed by the division and that any changes to the proposed contract that differ from the bid documents in the proposed contract for services are reviewed by the division before signature by the parties;
(4) State agency directors, in cooperation with the division, shall be responsible for appropriate public notice of an impending contractual services project in excess of fifty thousand dollars in accordance with the division's procurement manual and sections 73-501 to 73-510; and
(5) State agency directors, in cooperation with the division, shall be responsible for ensuring that a request for contractual services in excess of fifty thousand dollars is filed with the division for dissemination or website access to vendors interested in competing for contracts for services.
Source
Laws 2003, LB 626, § 4;
Laws 2012, LB858, § 8.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-505 - State agency directors; duties.

73-505.
State agency directors; duties.
State agency directors shall be responsible for maintaining accurate documentation of the process used for selection of all contracts for services and for ensuring and documenting that services required under the contract are being performed in compliance with the terms of the contract for services. Such documentation shall be kept with each contract for services.
Source
Laws 2003, LB 626, § 5.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-506 - State agency contracts for services; requirements.

73-506.
State agency contracts for services; requirements.
State agency contracts for services shall be subject to the following requirements:
(1) Payments shall be made when contractual deliverables are received or in accordance with specific contractual terms and conditions;
(2) State agencies shall not enter into contracts for services with an unspecified or unlimited duration, and no contract for services shall be amended to extend the duration of the contract for a period of more than fifty percent of the initial contract term. Following the adoption of any amendment to extend the contract for a period of fifty percent or less of the initial contract term, no further extensions of the original contract shall be permitted. This subdivision does not prohibit the exercise of any renewal option expressly provided in the original contract;
(3) State agencies shall not structure contracts for services to avoid any of the requirements of sections 73-501 to 73-510; and
(4) State agencies shall not enter into contracts for services in excess of fifteen million dollars unless the state agency has complied with section 73-510.
Source
Laws 2003, LB 626, § 6;
Laws 2012, LB858, § 9;
Laws 2017, LB151, § 5.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-507 - Exceptions.

73-507.
Exceptions.
(1) Subject to review by the Director of Administrative Services, the division shall provide procedures to grant limited exceptions from sections 73-504, 73-508, and 73-509 for:
(a) Sole source contracts, emergency contracts, and contracts for services when the price has been established by the federal General Services Administration or competitively bid by another state or group of states, a group of states and any political subdivision of any other state, or a cooperative purchasing organization on behalf of a group of states; and
(b) Other circumstances or specific contracts when any of the requirements of sections 73-504, 73-508, and 73-509 are not appropriate for or are not compatible with the circumstances or contract. The division shall provide a written rationale which shall be kept on file when granting an exception under this subdivision.
(2) The following types of contracts for services are not subject to sections 73-504, 73-508, 73-509, and 73-510:
(a) Contracts for services subject to the Nebraska Consultants' Competitive Negotiation Act;
(b) Contracts for services subject to federal law, regulation, or policy or state statute, under which a state agency is required to use a different selection process or to contract with an identified contractor or type of contractor;
(c) Contracts for professional legal services and services of expert witnesses, hearing officers, or administrative law judges retained by state agencies for administrative or court proceedings;
(d) Contracts involving state or federal financial assistance passed through by a state agency to a political subdivision;
(e) Contracts with a value of fifteen million dollars or less with direct providers of medical, behavioral, or developmental health services, child care, or child welfare services to an individual;
(f) Agreements for services to be performed for a state agency by another state or local government agency or contracts made by a state agency with a local government agency for the direct provision of services to the public;
(g) Agreements for services between a state agency and the University of Nebraska, the Nebraska state colleges, the courts, the Legislature, or other officers or state agencies established by the Constitution of Nebraska;
(h) Department of Insurance contracts for financial or actuarial examination, for rehabilitation, conservation, reorganization, or liquidation of licensees, and for professional services related to residual pools or excess funds under the agency's control;
(i) Department of Transportation contracts for all road and bridge projects;
(j) Nebraska Investment Council contracts; and
(k) Contracts under section 57-1503.
Source
Laws 2003, LB 626, § 7;
Laws 2011, First Spec. Sess., LB4, § 5;
Laws 2012, LB858, § 10;
Laws 2014, LB974, § 1;
Laws 2017, LB339, § 250.
Cross References
Nebraska Consultants' Competitive Negotiation Act, see section 81-1702.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-508 - Preapproval; required; when.

73-508.
Preapproval; required; when.
Except as provided in section 73-507, all proposals for sole source contracts for services in excess of fifty thousand dollars shall be preapproved by the division except in emergencies. In case of an emergency, contract approval by the state agency director or his or her designee is required. A copy of the contract and state agency justification of the emergency shall be provided to the Director of Administrative Services within three business days after contract approval. The state agency shall retain a copy of the justification with the contract in the state agency files. The Director of Administrative Services shall maintain a complete record of such sole source contracts for services.
Source
Laws 2003, LB 626, § 8;
Laws 2007, LB256, § 3;
Laws 2012, LB858, § 11.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-509 - Pre-process; required; when; procedure.

73-509.
Pre-process; required; when; procedure.
Each proposed contract for services in excess of fifty thousand dollars which requests services that are now performed or have, within the year immediately preceding the date of the proposed contract, been performed by a state employee covered by the classified personnel system or by any labor contract shall use a pre-process prescribed by the division. The pre-process shall include evaluation of the displacement of the employee of the state agency or position held by the employee of the state agency within the preceding year and of the disadvantages of such a contract for services against the expected advantages, whether economic or otherwise. Documentation of each evaluation shall be maintained in the contract file by the state agency.
Source
Laws 2003, LB 626, § 9;
Laws 2012, LB858, § 12.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-602 - Legislative findings and declaration.

73-602.
Legislative findings and declaration.
(1) The Legislature finds that:
(a) Transparency in public procurement is an important tool to deter corruption and to maintain the public's trust in government contracting;
(b) Taxpayers deserve to know how and where their tax dollars are being spent;
(c) The economy and general welfare of this state and its people and the economy and general welfare of the United States are inseparably linked to the preservation and development of manufacturing industries in this state, as well as all the other states of this nation; and
(d) Recognizing such link, it should be the policy of this state that, whenever possible, taxpayer dollars be reinvested with its individual and employer taxpayers in order to foster job retention and growth and to ensure a broad and healthy tax base for future investments vital to the state's infrastructure.
(2) The Legislature declares that it shall be the policy of this state that the Department of Administrative Services shall quantify the portion of its procurement spending that is reinvested with taxpayers in this state and the nation.
Source
Laws 2014, LB371, § 2.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-603 - Department of Administrative Services; report; contents.

73-603.
Department of Administrative Services; report; contents.
(1) The Department of Administrative Services shall create an annual report that includes:
(a) The total number and value of contracts awarded by the department;
(b) The total number and value of contracts awarded by the department to contractors within this state;
(c) The total number and value of contracts awarded by the department to foreign contractors; and
(d) The total number of contracts awarded by the department for which a preference was given under section 73-101.01.
(2) The first such report created pursuant to subsection (1) of this section shall be submitted to the Governor and the Legislature on or before September 1, 2015, and shall include the information specified in such subsection from FY2014-15. Subsequent reports shall be submitted on or before September 1 each year thereafter and shall include the required information from the most recent fiscal year ending prior to such date. The reports submitted to the Legislature and the Governor shall be submitted electronically. Each annual report shall be made available to the public through publication on the department's website on or before September 1 of each year.
Source
Laws 2014, LB371, § 3.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-604 - Certain contracts; contractor; provide information.

73-604.
Certain contracts; contractor; provide information.
Beginning on July 1, 2014, each contract awarded by the Department of Administrative Services shall require that the contractors provide to the department any and all information needed for compliance with section 73-603.
Source
Laws 2014, LB371, § 4.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-605 - Act; applicability.

73-605.
Act; applicability.
The Transparency in Government Procurement Act applies only to contracts awarded by the Department of Administrative Services on and after July 1, 2014, and does not apply to the Office of the Nebraska Capitol Commission.
Source
Laws 2014, LB371, § 5.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-701 - Department of Administrative Services; procurement practices; evaluation; report.

73-701.
Department of Administrative Services; procurement practices; evaluation; report.
(1) The Department of Administrative Services shall contract for the completion of an evaluation of the state's procurement practices. The evaluation shall analyze past procurement challenges and address potential areas for improvement, including, but not limited to: (a) Due diligence, (b) evaluation of cost, (c) accountability for decisionmaking, and (d) protest procedures.
(2) The department shall contract with an outside consultant with expertise in government procurement within sixty days after April 19, 2022, for the purpose of conducting such evaluation. Such contract shall not be subject to any competitive bidding requirement.
(3) The evaluation shall be collaborative and shall include involvement by members of the Legislature and members of the executive departments described in this subsection. The evaluation shall be completed with input from:
(a) The chairpersons of the Executive Board of the Legislative Council, the Government, Military and Veterans Affairs Committee of the Legislature, and the Health and Human Services Committee of the Legislature or the designees of such chairpersons;
(b) Other members of the Legislature as such chairpersons deem appropriate;
(c) The Department of Administrative Services;
(d) The Department of Health and Human Services; and
(e) Any other using agencies, as defined in section 81-145, deemed appropriate to participate by the Department of Administrative Services.
(4) The Department of Administrative Services shall electronically submit a report with the results of the evaluation to the Legislature and the Governor on or before November 15, 2022. Such report shall include recommendations for improvements to the state's procurement policies and practices.
Source
Laws 2022, LB1037, § 1.
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-307 - Roads, streams, or canals; crossings; conditions.

74-307.
Roads, streams, or canals; crossings; conditions.
Any railroad may construct and carry its tracks across, over, or under any road, railroad, canal, stream, or watercourse when it may be necessary in the construction thereof. In such cases, the railroad shall construct its railroad crossings so as to not unnecessarily impede the travel, transportation, or navigation upon the road, railroad, canal, stream, or watercourse so crossed. The railroad may change the channel of any stream or watercourse whenever it may be necessary in the location, construction, or use of its road if it does not change the general course of the stream or watercourse or materially impair its usefulness.
Source
R.S.1866, c. 25, § 86, p. 219;
R.S.1913, § 5944;
C.S.1922, § 5282;
C.S.1929, § 74-305;
R.S.1943, § 74-307;
Laws 1994, LB 414, § 2.
Annotations
Omission of word necessary in instruction to jury was not prejudicial. Sawyer v. Chicago, B. & Q. R. R. Co., 99 Neb. 294, 156 N.W. 504 (1916).
It is the duty of a railroad company when its right-of-way passes over a stream to so construct its roadbed as to carry off the waters of that stream. Chicago, R. I. & P. Ry. Co. v. Andreesen, 62 Neb. 456, 87 N.W. 167 (1901).
A railroad corporation, though authorized by law to construct its road across a stream, must do so with due regard for the rights of adjacent landowners, and is liable for damage to adjacent land if its bridge is so constructed as to cause water and ice to gorge and overflow such land. McCleneghan v. Omaha & R. V. R. R. Co., 25 Neb. 523, 41 N.W. 350 (1889), 13 A.S.R. 508 (1889).
Legislature may put the burden of repair of viaducts crossing several railroads upon one of the companies or apportion it among all as it sees fit. Chicago, B. & Q. R. R. Co. v. State of Nebraska ex rel. City of Omaha, 170 U.S. 57 (1898).
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-308 - Real estate; acquisition; damages; procedure.

74-308.
Real estate; acquisition; damages; procedure.
Any railroad may purchase and use real estate for a price to be agreed upon with the owners thereof and may acquire the same through the exercise of the power of eminent domain. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
R.S.1866, c. 25, § 95, p. 223;
R.S.1913, § 5945;
C.S.1922, § 5283;
C.S.1929, § 74-306;
R.S.1943, § 74-308;
Laws 1951, c. 101, § 113, p. 501;
Laws 1994, LB 414, § 3.
Annotations
Although railroads are private corporations, they have been given the statutory authority to acquire land through eminent domain. Railroads are required to exercise their eminent domain power in accordance with Nebraska's general eminent domain statutes, set forth at sections 76-701 to 76-726. Burlington Northern and Santa Fe Ry. Co. v. Chaulk, 262 Neb. 235, 631 N.W.2d 131 (2001).
An attempt to agree with owner is condition precedent to condemnation. Higgins v. Loup River Public Power Dist., 157 Neb. 652, 61 N.W.2d 213 (1953).
Taxation of costs in eminent domain proceedings by railroad company contrasted with procedure under other statutes. Kennedy v. Department of Roads & Irrigation, 150 Neb. 727, 35 N.W.2d 781 (1949).
The fact that negotiations for purchase of a tract of land failed because of disagreement is sufficient to show that the parties were unable to agree and to authorize ascertainment of damages by condemnation. Rogers v. Cosgrave, 98 Neb. 608, 153 N.W. 569 (1915).
The fact that by statute the railroad company may condemn land for a right-of-way if the parties are unable to agree will be considered with evidence tending to show that a contract for the purchase of such land is inequitable and not to be specifically enforced. Rice v. Lincoln & N. W. R. R. Co., 88 Neb. 307, 129 N.W. 425 (1911).
Statutory provisions for the ascertainment of damages to a landowner whose property is taken by eminent domain apply only when real estate is taken or appropriated by the railroad company. Republican V. R. R. Co. v. Fellers, 16 Neb. 169, 20 N.W. 217 (1884).
The mode provided for assessing damages for right-of-way does not apply where property is damaged but no portion thereof is taken. Burlington & M. R. R. Co. v. Reinhackle, 15 Neb. 279, 18 N.W. 69 (1883), 48 Am. R. 342 (1883).
Provisions of this section for ascertaining damages apply only where property is taken. Where property is damaged, relief must be sought in an action for damages. Omaha Horse Ry. Co. v. Cable Tram-Way Co. of Omaha, 32 F. 727 (Cir. Ct., D. Neb. 1887).
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-548 - Shipments; weighing; certificates.

74-548.
Shipments; weighing; certificates.
The owner, consignor, or consignee of any carload lots of grain, coal, merchandise, or other property in course of transportation over any railroad within the state, transporting the same for hire, may request in writing any agent of the operators of such railroad to weigh any such carloads of grain, coal, merchandise, or other property in course of transportation. Upon such a request being received, it shall become the duty of the operators of such railroad to weigh the car or cars designated in such written request, together with their contents, upon such track scale as may be designated in such written request, over which such car or cars in the regular course of transit will thereafter pass, and deliver to the person making such request a written certificate showing the name and number of the car so weighed, the date of the taking of such weight, and the place where weighed, with the number of pounds of gross and net weights, after deducting the tare marked on the car from such gross weight. The certificate so executed and delivered shall be admissible evidence against such railroad in any legal proceeding, thereafter instituted or then pending against any such railroad weighing and transporting the property contained in such car or cars, of all the facts stated in such certificate.
Source
Laws 1907, c. 88, § 3, p. 307;
R.S.1913, § 6007;
C.S.1922, § 5352;
C.S.1929, § 74-535;
R.S.1943, § 74-548;
Laws 1994, LB 414, § 5.
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-549 - Shipments; stations without scales; weighing.

74-549.
Shipments; stations without scales; weighing.
Wherever any carload lot of merchandise, coal, grain, or other property is delivered for transportation for hire to any railroad within this state, consigned to any person at a station on the line of the railroad or upon any other railroad within this state, where no track scale is located and maintained, and such car in the course of transit will not pass a track scale on the line of such connecting railroad, it shall immediately become the duty of such initial railroad to cause the same to be weighed in the manner required by section 74-548 on the track scale located nearest the station to which such car is consigned and to stamp upon the waybill for such car all of the matters required to be set out in the certificate provided for in such section. Where coal, grain, merchandise, or other property in carload lots is consigned to stations where track scales are located and the consignee requests the same to be weighed, the weights shall be taken, both gross and tare, with the car uncoupled, on such track scales at the point of destination.
Source
Laws 1907, c. 88, § 4, p. 308;
R.S.1913, § 6008;
C.S.1922, § 5353;
C.S.1929, § 74-536;
R.S.1943, § 74-549;
Laws 1994, LB 414, § 6.
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-550 - Shipments; failure to weigh; penalty.

74-550.
Shipments; failure to weigh; penalty.
Any railroad operating in this state and violating any of the provisions of sections 74-548 and 74-549 by neglecting or refusing to furnish weights as provided in section 74-549 shall upon conviction thereof be fined in the sum of one hundred dollars for each and every such violation. The fine shall be recovered by the state in an action in its name upon complaint of any owner, consignor, or consignee of the property which such railroad refuses to weigh, made before any court of competent jurisdiction.
Source
Laws 1907, c. 88, § 5, p. 308;
R.S.1913, § 6009;
C.S.1922, § 5354;
C.S.1929, § 74-537;
R.S.1943, § 74-550;
Laws 1994, LB 414, § 7.
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-592 - Track motor cars; headlights; rear light; windshield; equip.

74-592.
Track motor cars; headlights; rear light; windshield; equip.
Each railroad shall equip each of its track motor cars used during the period from sunset to sunrise with (1) an electric headlight of such construction either permanent or portable and with sufficient candlepower to render plainly visible at a distance of not less than three hundred feet in advance of such track motor car any track obstruction, landmark, warning sign, or grade crossing and (2) a red rear electric light of such construction and with sufficient candlepower as to be plainly visible at a distance of three hundred feet. Such track motor cars shall be equipped with a shield of sufficient width and height to afford reasonable protection to the employees transported by it, part of which shall be a windshield of transparent shatterproof material.
Source
Laws 1949, c. 217, § 1, p. 616;
Laws 1959, c. 336, § 1, p. 1218;
Laws 1993, LB 575, § 52;
Laws 1994, LB 414, § 8.
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-593 - Track motor cars; failure to equip; violation; penalty.

74-593.
Track motor cars; failure to equip; violation; penalty.
Any railroad which uses or permits to be used on its line in this state a track motor car in violation of section 74-592 shall be guilty of a Class V misdemeanor.
Source
Laws 1949, c. 217, § 2, p. 616;
Laws 1977, LB 39, § 185;
Laws 1994, LB 414, § 9.
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-594 - Train, yard, or engine crew; blocking street or highway; liability; exempt.

74-594.
Train, yard, or engine crew; blocking street or highway; liability; exempt.
No member of a train crew, yard crew, or engine crew of a railroad shall be held personally responsible or found guilty of violating any state laws or any municipal ordinances regulating or intended to regulate the occupying or blocking of any street, road, or highway crossing-at-grade by trains or passenger or freight cars upon reasonable proof that the occupying or blocking of the street, road, or highway crossing-at-grade was necessary to comply with orders or instructions either written or oral of his or her employer or its officers or supervisory officials. This section shall not relieve the employer or railroad from any responsibility placed upon the employer or railroad by any such state laws or by such municipal ordinances. This section shall be supplemental to any other law.
Source
Laws 1967, c. 473, § 1, p. 1468;
R.S.Supp.,1967, § 75-594;
Laws 1994, LB 414, § 10.
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-595 - Litter; duty to remove.

74-595.
Litter; duty to remove.
Each railroad shall be responsible for the removal of all litter as defined in section 28-523 on property owned or leased by the railroad which is under a bridge, trestle, or similar structure.
Source
Laws 1979, LB 42, § 11;
Laws 1994, LB 414, § 11.
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-596 - Speed limitation ordinance; requirements for enactment.

74-596.
Speed limitation ordinance; requirements for enactment.
No speed limitation ordinance which would directly affect the operations of an interstate railroad shall be valid or enforceable unless its adoption is in compliance with this section. Before the first reading of the proposed ordinance, each railroad the operations of which would be directly affected by the ordinance shall be given written notice by United States mail of the proposed ordinance and the date, time, and place of such reading. Such notice shall be given at least ten days prior to the reading. Each affected railroad shall have an opportunity to be heard at the first reading. After enactment, each railroad the operations of which would be directly affected shall be provided a written or printed copy of the ordinance by United States mail.
Source
Laws 1981, LB 437, § 1;
Laws 1994, LB 414, § 12.
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-597 - Railroad accident or unlawful operation; prohibited law enforcement procedures.

74-597.
Railroad accident or unlawful operation; prohibited law enforcement procedures.
In any circumstances involving a railroad accident or the operation of a train in violation of state law or local ordinance, no engineer or other crew member of the train shall be required to furnish a motor vehicle operator's license to any state or local law enforcement officer, nor shall any citation involving the operation of a train be issued against the motor vehicle operator's license of the engineer or any other crew member of the train.
Source
Laws 1981, LB 437, § 2.