Senate Bill No. 280–Senator Tiffany

 

CHAPTER..........

 

AN ACT relating to state purchasing; imposing in certain circumstances an inverse preference with respect to bids and proposals submitted by bidders and contractors who are residents of another state; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. Chapter 333 of NRS is hereby amended by adding

thereto a new section to read as follows:

    For the purpose of awarding a contract pursuant to this

chapter, if a person who submits a bid or proposal:

    1.  Is a resident of a state other than the State of Nevada; and

    2.  That other state, with respect to contracts awarded by that

other state or agencies of that other state, applies to bidders or

contractors who are residents of that state a preference which is

not afforded to bidders or contractors who are residents of the

State of Nevada,

the person or entity responsible for awarding the contract

pursuant to this chapter shall, insofar as is practicable, increase

the person’s bid or proposal by an amount that is substantially

equivalent to the preference that the other state of which the

person is a resident denies to bidders or contractors who are

residents of the State of Nevada.

    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) If the advertisement is for bids, whether the Chief is

authorized by the using agency to be supplied to consider a bid for

an article that is an alternative to the article listed in the original

request for bids if:

        (1) The specifications of the alternative article meet or

exceed the specifications of the article listed in the original request

for bids;

        (2) The purchase of the alternative article results in a lower

price; and

        (3) The Chief deems the purchase of the alternative article to

be in the best interests of the State of Nevada.

    (d) A summary of the provisions of section 1 of this act.

    (e) The date and time not later than which responses must be

received by the Purchasing Division.

    [(e)](f) 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.  Each proposal must be evaluated by:

    (a) The chief of the using agency, or a committee appointed by

the chief of the using agency in accordance with the regulations

adopted pursuant to NRS 333.135, if the proposal is for a using

agency; or

    (b) The Chief of the Purchasing Division, or a committee

appointed by the Chief in accordance with the regulations adopted

pursuant to NRS 333.135, if he is responsible for administering the

proposal.

    2.  A committee appointed pursuant to subsection 1 must

consist of not less than two members. A majority of the members of

the committee must be state officers or employees. The committee

may include persons who are not state officers or employees and

possess expert knowledge or special expertise that the chief of the

using agency or the Chief of the Purchasing Division determines is

necessary to evaluate a proposal. The members of the committee are

not entitled to compensation for their service on the committee,

except that members of the committee who are state officers or

employees are entitled to receive their salaries as state officers and

employees. No member of the committee may have a financial

interest in a proposal.

    3.  In making an award, the chief of the using agency, the Chief

of the Purchasing Division or each member of the committee, if a

committee is established, shall consider and assign a score for each

of the following factors for determining whether the proposal is in

the best interests of the State of Nevada:

    (a) The experience and financial stability of the person

submitting [a] the proposal;

    (b) Whether the proposal complies with the requirements of the

request for proposals as prescribed in NRS 333.311;

    (c) The price of the proposal [;] including the imposition of an

inverse preference described in section 1 of this act, if applicable;

and

    (d) Any other factor disclosed in the request for proposals.

    4.  The chief of the using agency, the Chief of the Purchasing

Division or the committee, if a committee is established, shall

determine the relative weight of each factor set forth in subsection 3

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.

    5.  The chief of the using agency, the Chief of the Purchasing

Division or the committee, if a committee is established, shall award

the contract based on the best interests of the State, as determined by

the total scores assigned pursuant to subsection 3, and is not

required to accept the lowest-priced proposal.

    6.  Each proposal evaluated pursuant to the provisions of this

section is confidential and may not be disclosed until the contract is

awarded.

    Sec. 4.  NRS 333.340 is hereby amended to read as follows:

    333.340  1.  Every contract or order for goods must be awarded

to the lowest responsible bidder. To determine the lowest

responsible bidder, the Chief : [may consider:]

    (a) Shall consider, if applicable, the imposition of the inverse

preference described in section 1 of this act.

    (b) May consider:

        (1) The location of the using agency to be supplied.

    [(b)](2) The qualities of the articles to be supplied.

    [(c)](3) The total cost of ownership of the articles to be

supplied.

    [(d)](4) Except as otherwise provided in [paragraph (e),]

subparagraph (5), the conformity of the articles to be supplied with

the specifications.

    [(e)](5) If the articles are an alternative to the articles listed in

the original request for bids, whether the advertisement for bids

included a statement that bids for an alternative article will be

considered if:

        [(1)](I) The specifications of the alternative article meet or

exceed the specifications of the article listed in the original request

for bids;

        [(2)](II) The purchase of the alternative article results in a

lower price; and

        [(3)](III) The Chief deems the purchase of the alternative

article to be in the best interests of the State of Nevada.

    [(f)](6) The purposes for which the articles to be supplied are

required.

    [(g)](7) The dates of delivery of the articles to be supplied.

    2.  If a contract or an order is not awarded to the lowest bidder,

the Chief shall provide the lowest bidder with a written statement

which sets forth the specific reasons that the contract or order was

not awarded to him.

    3.  As used in this section, “total cost of ownership” includes,

but is not limited to:

    (a) The history of maintenance or repair of the articles;

    (b) The cost of routine maintenance and repair of the articles;

    (c) Any warranties provided in connection with the articles;

    (d) The cost of replacement parts for the articles; and

    (e) The value of the articles as used articles when given in trade

on a subsequent purchase.

    Sec. 5.  This act becomes effective on July 1, 2003.

 

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