Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 336–Committee on
Health and Human Services
CHAPTER..........
AN ACT relating to state purchasing; revising provisions relating to
certain preferences granted to or imposed on bids or
proposals submitted for certain state purchasing cont racts;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
The State Purchasing Act governs the purchasing of services, supplies,
materials and equipment by agencies of the Executive Department of the State
Government, with certain exceptions. (Chapter 333 of NRS) The Act, with certain
exceptions, provides for the granting of an advantage, known as a preference, of 5
percent to a bid or proposal submitted for such a state purchasing contract by: (1) a
Nevada-based business, which is defined in the Act as a business which certifies
that its principal place of business is in Nevada or the majority of goods provided
for in the contract are produced in Nevada; or (2) a Nevada -based business that is
owned and operated by a vetera n with a specified service -connected disability,
which is defined in the Act as a “local business owned and operated by a veteran
with a service -connected disability.” (NRS 333.3352, 333.3354, 333.3362 -
333.3366) The Act prohibits the combination of these p references with each other
or any other purchasing preference. (NRS 333.3354, 333.3366) Sections 2 and 3 of
this bill eliminate the prohibition against the combination of the preference for a
Nevada-based business and the preference for a local business owned and operated
by a veteran with a service -connected disability, thereby providing for a combined
preference of 10 percent for a bid or proposal for a state purchasing contract
submitted by a business that meets the requirements for both of those preferences.
The State Purchasing Act imposes an inverse preference on a bid or proposal
for a purchasing contract with the State of Nevada submitted by a person who has a
principal place of business in another state if, for a similar contract, the other state:
(1) grants a preference to a person with a princip al place of business in that state;
and (2) denies that preference to a person with a principal place of business in the
State of Nevada. This inverse preference is an amount that is substantially
equivalent to the preference that is denied by the other st ate to a person with a
principal place of business in the State of Nevada. (NRS 333.33695) Section 5 of
this bill eliminates this inverse preference. Sections 1-4 of this bill make
conforming changes by removing references to the inverse preference that was
eliminated by section 5.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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:
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(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 may be obtained.
(c) If the advertisement is for bids, whether the Administrator 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 Administrator deems the purchase of the alternative
article to be in the best interests of the State of Nevada.
(d) Notice of the preferences set forth in NRS 333.3354 and
333.3366 . [and the inverse preference set forth in NRS 333.33695.]
(e) Notice of the written certification required pursuant to
NRS 333.338.
(f) The date and time not later than which responses must be
received by the Purchasing Division.
(g) The date and time when responses will be opened.
The Administrator or a designated agent of the Administrator
shall approve the copy for the advertisement.
2. Each advertisement must be published:
(a) 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; and
(b) On the Internet website of the Purchasing Division.
Sec. 2. NRS 333.3354 is hereby amended to read as follows:
333.3354 1. If a business that qualifies as a Nevada -based
business submits a:
(a) Bid to furnish commodities that was solicited pursuant to
NRS 333.300, the bid shall be deemed to be 5 percent lower than the
bid actually submitted; or
(b) Proposal to contract for services, the score assigned to the
proposal pursuant to NRS 333.33 5 shall be deemed to be 5 percent
higher than the score actually awarded.
2. The preference described in subsection 1 may not be:
(a) [Except as otherwise provided in this paragraph, combined ]
Combined with any other preference [. The provisions of this
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paragraph do not prohibit the imposition of an inverse preference
pursuant to NRS 333.33695.] except for the preference described in
NRS 333.3366.
(b) Granted for the award of any contract which uses federal
money unless such a preference is authorized by federal law.
(c) Granted for the award of any contract procured on a
multistate basis.
Sec. 3. NRS 333.3366 is hereby amended to read as follows:
333.3366 1. For the purpose of awarding a formal contract
solicited pur suant to subsection 2 of NRS 333.300 or awarding a
contract for the services of a person as an independent contractor
pursuant to subsection 1 of NRS 333.700, if a local business owned
and operated by a veteran with a service -connected disability
submits a bid or proposal for such a contract and is a responsive and
responsible bidder, the bid or proposal shall be deemed to be 5
percent lower than the bid or proposal actually submitted.
2. [Except as otherwise provided in this subsection, the] The
preference described in subsection 1 may not be combined with any
other preference [. The provisions of this subsection do not prohibit
the imposition of an inverse preference pursuant to NRS
333.33695.] except for the preference described in NRS 333.3354.
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 Administrator:
(a) Shall consider, if applicable:
(1) The granting of the preference described in NRS
333.3354 or 333.3366 [.] , or both preferences, if applicable.
(2) [The granting of the preference described in
NRS 333.3354.
(3) The imposition of the inverse preference described in
NRS 333.33695.
(4)] The required standards adopted pursuant to
NRS 333.4611.
(b) May consider:
(1) The location of the using agency to be supplied.
(2) The qualities of the articles to be supplied.
(3) The total cost of ownership of the articles to be supplied.
(4) Except as otherwise provided in subparagraph (5), the
conformity of the articles to be supplied with the specifications.
(5) If the articles are an alternative to the articles listed in the
original request for bids, whether the advertisement for bids
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included a statement that bids for an alternative article will be
considered if:
(I) The specifications of the alternative article meet or
exceed the specifications of the article listed in the original requ est
for bids;
(II) The purchase of the alternative article results in a
lower price; and
(III) The Administrator deems the purchase of the
alternative article to be in the best interests of the State of Nevada.
(6) The purposes for which the articl es to be supplied are
required.
(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 Administrator 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 or her.
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. NRS 333.33695 is hereby repealed.
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