Assembly Bill No. 64-Committee on Government Affairs

(On Behalf of the Nevada Association of Counties)

January 27, 1997
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Referred to Committee on Government Affairs

SUMMARY--Makes uniform in all counties certain provisions governing contracts for purchases by local governments. (BDR 27-541)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to public purchasing; making uniform in all counties certain provisions governing the advertising of and requests for bids on contracts for purchases by local governments; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 NRS 332.039 is hereby amended to read as follows:
332.039 1. Except as otherwise provided by specific statute:
(a) A governing body or its authorized representative [in a county whose population is 100,000 or more] shall advertise all contracts for which the estimated amount required to perform the contract exceeds $25,000.
(b) Such a governing body or its authorized representative may enter into a contract of any nature without advertising if the estimated amount required to perform the contract is $25,000 or less.
(c) If the estimated amount required to perform the contract is more than $10,000 but not more than $25,000, requests for bids must be submitted to two or more persons capable of performing the contract, if available. The governing body or its authorized representative shall maintain a permanent record of all requests for bids and all bids received.
2. Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids regardless of the estimated amount to perform the contract.
Sec. 2 NRS 332.045 is hereby amended to read as follows:
332.045 1. The advertisement required by paragraph (a) of subsection 1 of [NRS 332.035 and] NRS 332.039 must be published at least once and not less than 7 days before the opening of bids. The advertisement must be by notice to bid, and must be published in a newspaper published and having general circulation within the county wherein the local government, or a major portion thereof, is situated. If no such newspaper is published in the county, then publication must be in any newspaper published in the state having general circulation in the county.
2. The notice must state:
(a) The nature, character or object of the contract.
(b) If plans and specifications are to constitute part of the contract, where the plans and specifications may be seen.
(c) The time and place where bids will be received and opened.
(d) Such other matters as may properly pertain to giving notice to bid.
Sec. 3 NRS 332.035 is hereby repealed.
Sec. 4 This act becomes effective on July 1, 1997.

TEXT OF REPEALED SECTION

332.035 Contracts in county whose population is less than 100,000: Advertising required if estimated amount exceeds $10,000; requests for bids required if estimated amount exceeds $5,000.
1. Except as otherwise provided by specific statute:
(a) A governing body or its authorized representative in a county whose population is less than 100,000 shall advertise all contracts for which the estimated amount required to perform the contract exceeds $10,000.
(b) Such a governing body or its authorized representative may enter into a contract of any nature without advertising if the estimated amount required to perform the contract is $10,000 or less.
(c) If the estimated amount required to perform the contract is more than $5,000 but not more than $10,000, requests for bids must be submitted to two or more persons capable of performing the contract, if available. The governing body or its authorized representative shall maintain a permanent record of all requests for bids and all bids received.
2. Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids regardless of the estimated amount to perform the contract.

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