Senate Bill No. 28-Committee on Government Affairs
January 23, 1997
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Referred to Committee on Government Affairs
SUMMARY--Exempts certain purchases by local governments from General Services Administration or another governmental agency from requirements for competitive bidding. (BDR 27-795)
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; exempting purchases by local governments of supplies, materials or equipment available from the General Services Administration or another governmental agency from the requirements for competitive bidding; 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 332.115 is hereby amended to read as follows:
332.115 1. Contracts which by their nature are not adapted to award by competitive bidding, including contracts for:
(a) Items which may only be contracted from a sole source;
(b) Professional services;
(c) Additions to and repairs and maintenance of equipment which may be more efficiently added to, repaired or maintained by a certain person;
(d) Equipment which, by reason of the training of the personnel or of [any] an inventory of replacement parts maintained by the local government is compatible with existing equipment;
(e) Purchases of perishable goods by a county or district hospital;
(f) [Any insurance;] Insurance;
(g) Software for computers;
(h) Books, library materials and subscriptions;
(i) Motor vehicle fuel purchased by a local law enforcement agency for use in an undercover investigation;
(j) Motor vehicle fuel for use in [any] a vehicle operated by a local law enforcement agency or local fire department if such fuel is not available within the vehicle's assigned service area from a fueling station owned by the State of Nevada or a local government; [and]
(k) Purchases made with money in a store fund for prisoners in a jail or local detention facility for the provision and maintenance of a canteen for the prisoners [,] ; and
(l) Supplies, materials or equipment that are available from the General Services Administration or another governmental agency in the regular course of its business,
are not subject to the requirements of this chapter for competitive bidding as determined by the governing body or its authorized representative.
2. The purchase of equipment for use by a local law enforcement agency in the course of an undercover investigation is not subject to the requirements of this chapter for competitive bidding if:
(a) The equipment is an electronic or mechanical device which by design is intended to monitor and document in a clandestine manner suspected criminal activity; and
(b) Purchasing the equipment pursuant to such requirements would limit or compromise the use of such equipment by an agency authorized to conduct such investigations.
3. The governing body of [any] a hospital required to comply with the provisions of this chapter, or its authorized representative, may purchase goods commonly used by the hospital, under a contract properly awarded pursuant to NRS 332.065, without additional competitive bidding even if at the time the contract was awarded:
(a) The vendor supplying such goods to the person awarded the contract was not identified as a supplier to be used by the person awarded the contract; or
(b) The vendor was identified as a supplier but was not identified as the supplier of such goods.
The governing body of the hospital shall make available for public inspection each such contract and [any] records related to those purchases.
4. Except in cases of emergency, at least 60 days before the expiration of [any] an existing contract for insurance in which the local government is the insured, the governing body shall cause to be given, by advertising or in another manner deemed adequate and desirable by the governing body, notice of the date the contract for insurance expires.
5. Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids.
Sec. 2 This act becomes effective on July 1, 1997.