2005 Nevada Revised Statutes - Chapter 334 — Purchasing: Generally

CHAPTER 334 - PURCHASING: GENERALLY

NRS 334.010 Stateautomobiles: Purchase; use; identification; penalty.

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

NRS 334.025 Programto Encourage and Facilitate Purchase of Commodities and Services fromOrganizations for Training and Employment of Mentally or Physically DisabledPersons. [Effective through June 30, 2013.]

NRS 334.025 Programto Encourage and Facilitate Purchase of Commodities and Services fromOrganizations for Training and Employment of Mentally or Physically DisabledPersons. [Effective July 1, 2013.]

NRS 334.030 Purchaseof governmental surplus property by other governmental entities.

NRS 334.040 Transferand sale of state surplus supplies, materials or equipment; deposit of proceedsby Chief of Purchasing Division.

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

NRS 334.060 Purchaseof insurance or establishment of self-insurance reserve or fund to protectpublic property.

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

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NRS 334.010 Stateautomobiles: Purchase; use; identification; penalty.

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

2. All such automobiles must be used for officialpurposes only.

3. All such automobiles, except:

(a) Automobiles maintained for and used by theGovernor;

(b) Automobiles used by or under the authority anddirection of the Chief Parole and Probation Officer, the State ContractorsBoard and auditors, the State Fire Marshal, the Investigation Division of theDepartment of Public Safety, the investigators of the State Gaming ControlBoard, the investigators of the Securities Division of the Office of theSecretary of State and the investigators of the Attorney General;

(c) One automobile used by the Department ofCorrections;

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

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

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

must belabeled by painting the words State of Nevada and For Official Use Only onthe automobiles in plain lettering. The Director of the Department of Administrationor his representative shall prescribe the size and location of the label forall such automobiles.

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

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

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

1. Except as otherwise provided in subsection 2, noofficer or employee of the State shall purchase on the credit of the State anyarticle of supplies, goods, wares or merchandise or obtain any services to berendered by any person for the State, except by express permission and writtenauthority previously obtained from the board or commission, or a majority ofthe members thereof, having control and supervision of the department or officefor which such purchase is made or the services are rendered.

2. The provisions of subsection 1 shall not applywhere such officer or employee has specific authority to purchase or obtainservices conferred upon him by statute.

3. The State Board of Examiners shall not allow norshall the State Treasurer pay any claim of any person for goods sold orservices rendered unless the same were sold or rendered in accordance with theprovisions of this section.

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

NRS 334.025 Programto Encourage and Facilitate Purchase of Commodities and Services fromOrganizations for Training and Employment of Mentally or Physically DisabledPersons. [Effective through June 30, 2013.]

1. The Rehabilitation Division of the Department ofEmployment, Training and Rehabilitation shall establish and administer aProgram to Encourage and Facilitate Purchases by Agencies of Commodities andServices from Organizations.

2. The Program may include:

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

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

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

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

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

(f) A method for collecting information from an agencyin a report to the Rehabilitation Division, which report may include, withoutlimitation:

(1) The number of persons currently employed atthe agency who are mentally or physically disabled; and

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

3. In administering the Program, the RehabilitationDivision shall, upon request of an agency or organization, assist the agency ororganization in establishing a contract for the purchase of commodities orservices.

4. A contract entered into pursuant to the Programmust provide for a payment to the Rehabilitation Division in an amount equal tothe full amount of payment to the organization for all commodities and servicesto be provided to the agency pursuant to the contract multiplied by thepercentage established pursuant to paragraph (e) of subsection 2.

5. As used in this section:

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

(b) Organization means an organization whose primarypurpose is the training and employment of mentally or physically disabledpersons, including, without limitation, community-based training centers forthe care and training of mentally and functionally retarded persons describedin chapter 435 of NRS.

(Added to NRS by 2001, 1536; A 2005, 1443)

NRS 334.025 Program to Encourage and FacilitatePurchase of Commodities and Services from Organizations for Training andEmployment of Mentally or Physically Disabled Persons. [Effective July 1,2013.]

1. The Rehabilitation Division of the Department ofEmployment, Training and Rehabilitation shall establish a Program to Encourageand Facilitate Purchases by Agencies of Commodities and Services fromOrganizations.

2. The Program may include:

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

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

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

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

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

(f) A method for collecting information from an agencyin a report to the Rehabilitation Division, which report may include, withoutlimitation:

(1) The number of persons currently employed atthe agency who are mentally or physically disabled; and

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

3. In administering the Program, the RehabilitationDivision shall, upon request of an agency or organization, assist the agency ororganization in establishing a contract for the purchase of commodities orservices.

4. A contract entered into pursuant to the Programmust provide for a payment to the Rehabilitation Division in an amount equal tothe full amount of payment to the organization for all commodities and servicesto be provided to the agency pursuant to the contract multiplied by thepercentage established pursuant to paragraph (e) of subsection 2.

5. As used in this section:

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

(b) Organization means an organization whose primarypurpose is the training and employment of mentally or physically disabledpersons, including, without limitation, community-based training centers forthe care and training of mentally and functionally retarded persons describedin chapter 435 of NRS.

(Added to NRS by 2001, 1536; A 2005, 1443, 1445, effective July1, 2013)

NRS 334.030 Purchaseof governmental surplus property by other governmental entities.

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

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

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

(b) The inviting or receiving of competitive bids.

(c) The delivery of purchases before payment, andwithout regard to any provision of law which would, if observed, defeat thepurpose of this section.

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

4. The governing body or executive authority, as thecase may be, of any governmental entity may designate by appropriate resolutionor order any officeholder or employee of its own to enter a bid or bids in itsbehalf at any sale of any equipment, supplies, material or other personalproperty, owned by any other governmental entity and may authorize that personto make any down payment or payment in full required in connection with suchbidding.

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

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

NRS 334.040 Transferand sale of state surplus supplies, materials or equipment; deposit of proceedsby Chief of Purchasing Division.

1. The Chief of the Purchasing Division of theDepartment of Administration may, upon the request of a state agency, transferany surplus supplies, materials or equipment of another state agency to therequesting state agency without cost to the requesting state agency.

2. The Chief of the Purchasing Division may sell anysurplus supplies, materials or equipment which is not transferred to a stateagency pursuant to the provisions of subsection 1. Unless otherwise authorizedby the Director of the Department of Administration, the proceeds of the salemust be deposited in the fund from which the money to purchase the supplies,materials or equipment was expended.

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

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

(Added to NRS by 1960, 61)

NRS 334.060 Purchaseof insurance or establishment of self-insurance reserve or fund to protectpublic property. The State and any politicalsubdivision or other governmental entity in this state may insure its propertyagainst the risk of damage or destruction, by purchase of a policy of insuranceor by establishing a self-insurance reserve or fund, or a combination thereof.

(Added to NRS by 1977, 391)

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

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

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

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

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

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

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

(c) Result in a reduction in the amount of money spentfor the energy used by the public body, which reduction is equal to or greaterthan the amount of money by which the rate of the lease is reduced below marketvalue.

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

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

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

not lessthan 2 weeks before the hearing.

4. For the purposes of this section:

(a) Facility designed to conserve energy includes anywork or improvement which operates to reduce the use of fossil fuel and useenergy more efficiently, including equipment used in the production ofalternative sources of energy, for cogeneration and for the maintenance andmanagement of loads.

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

(Added to NRS by 1983, 1248)