SUMMARY--Revises procedure of purchasing division of department of administration for advertising bids or proposals. (BDR 27-161)
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 state purchasing; requiring the chief of the purchasing division of the department of administration to indicate his willingness to consider bids or proposals that deviate from the specifications stated in the advertisement for bids or proposals; requiring a dealer who is not a resident of this state to pay an annual fee to the purchasing division to be listed in the record of dealers; 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 333.180 is hereby amended to read as follows:
333.180 1. The chief shall collect, classify and keep on file accurate information concerning:
(a) The sources, grades, qualities and costs of the various kinds of supplies, materials and equipment required by the state; and
(b) The names and addresses of the persons from whom commodities of the various classes are available.
2. The record of sources of commodities must be maintained on a form, which must be filed in alphabetical order by the name of the commodity. On the face of each form the name of the commodity and a brief description of it must be recorded, and on the reverse side a list of the dealers from whom the commodity is available must be recorded.
3. A record of dealers must be maintained on a form, which must be filed by the name of the dealer in alphabetical order. On each form the following information must be recorded:
(a) The name and address of each dealer; and
(b) A condensed description of the principal kinds of commodities in which he deals.
4. The records must be revised and supplemented from time to time. The chief may remove from the records the name of any dealer who does not respond to a request for a bid or proposal.
5. A dealer who:
(a) Is not a resident of this state; and
(b) Wishes to have his name, address and a description of the commodities available for sale included in the record of dealers,
must submit a fee of $75 to the purchasing division not later than January 15 of each year. The chief shall deposit the fees collected pursuant to this subsection with the state treasurer for credit to the state general fund.
Sec. 2 NRS 333.310 is hereby amended to read as follows:
333.310 1. An advertisement must contain a general description of the classes of commodities or services for which a bid or proposal is wanted and must state:
(a) The name and location of the department, agency, local government, district or institution for which the purchase is to be made.
(b) Where and how specifications and quotation forms may be obtained.
(c) Whether the chief will consider a bid or proposal which deviates from the specifications if the deviation results in a lower price.
(d) The date and time not later than which responses must be received by the purchasing division.
[(d)] (e) The date and time when responses will be opened.
The chief or his designated agent shall approve the copy for the advertisement.
2. Each advertisement must be published in at least one newspaper of general circulation in the state. The selection of the newspaper to carry the advertisement must be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation.
Sec. 3 NRS 333.335 is hereby amended to read as follows:
333.335 1. After receiving proposals and before making an award, the chief shall consider:
(a) The best interests of the State of Nevada;
(b) The experience and financial stability of the person submitting a proposal;
(c) Whether the proposal conforms with the terms of the request for proposals [;] , taking into consideration whether the request for proposals included a statement that a proposal which deviates from the specifications will be considered if the deviation results in a lower price;
(d) The price of the proposal; and
(e) Any other factor disclosed in the request for proposals.
2. The chief shall determine the relative weight of each factor before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted to the purchasing division.
Sec. 4 NRS 333.340 is hereby amended to read as follows:
333.340 Every contract or order [shall] must be awarded to the lowest responsible bidder, taking into consideration:
1. The location of the using agency to be supplied.
2. The qualities of the articles to be supplied.
3. [Their] Except as otherwise provided in subsection 4, the articles' conformity with the specifications.
4. If the articles do not conform with the specifications, whether the advertisement for bids included a statement that bids which deviate from the specifications will be considered if the deviation results in a lower price.
5. The purposes for which [they] the articles are required.
[5.] 6. The dates of delivery.