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- 83rd Session (2025)
Senate Bill No. 313–Senator Daly
CHAPTER..........
AN ACT relating to state purchasing; revising provisions relating to
certain contracts for services; revising provisions relating to
extensions of contracts for supplies, materials, equipment and
services; 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 requires that
certain actions be taken before entering into a c ontract for the purchase of
commodities from a sole source. (NRS 333.400) Section 1 of this bill requires the
Administrator of the Purchasing Division of the Department of Administration or
an agency subject to the Act, as applicable, to take certain actio ns before entering
into a contract for services without competitive selection. Section 1 provides a
procedure for filing an objection to the award of such a contract , making a decision
regarding the objection and appealing that decision . Section 1 also requires the
Administrator to submit an annual report to specified recipients regarding such
contracts.
With certain exceptions, the Act authorizes the Administrator to enter into
contracts for the furnishing of supplies, materials and equipment for a per iod of not
more than 2 years. Under the Act, the Administrator is authorized to annually
extend such contracts in certain circumstances. (NRS 333.280) Section 2 of this bill
expands such authority to contracts for services and provides a procedure for the
extension of a contract after the expiration of the period of performance stated in
the solicitation or advertisement for the contract and any extension authorized in
that solicitation or advertisement. Section 2 : (1) requires the Administrator to
submit a report to the Legislative Commission regarding any using agency that fails
to comply with the procedure; and (2) requires the executive head of such a using
agency to personally appear before the Legislative Commission to explain the
noncompliance.
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. Chapter 333 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Before entering into a contract for services without
competitive selection, the Administrator or a using agency, as
applicable, shall:
(a) Conduct market research to identify other potential
vendors of the services; and
(b) Prepare a written report regarding:
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(1) The efforts made by the Administrator or using agency
to identify additional vendors; and
(2) The justification for entering into such a contract.
(c) Post a notice of the p roposed contract, including, without
limitation, the report prepared pursuant to paragraph (b) , on the
website of the Division for at least 11 days before awarding the
contract. The notice must include, without limitation, information
regarding the procedure for filing an objection to the award of the
contract.
2. A person may file with the Division a notice of objection to
the award of a contract for which notice was posted pursuant to
paragraph (c) of subsection 1 within 11 days after the date on
which the notice was posted. The notice of objection must include,
without limitation, a written statement affirming that the person
who filed the objection is able to furnish the services.
3. Within 20 days after the receipt of the notice of objection to
the award of the contract filed pursuant to subsection 2 , the
Administrator shall:
(a) Withdraw the award of the contract and award the contract
by competitive selection; or
(b) Post on the website of the Division a statement of the
justification for awarding the contract without competitive
selection.
4. A person who makes an unsuccessful objection to a
contract pursuant to this section may appeal the decision pursuant
to NRS 333.370.
5. On or before October 1 of each year, the Administrator
shall submit a compilation of the reports prepared and notices of
objection filed pursuant to this section during the immediately
preceding fiscal year to:
(a) The Interim Finance Committee;
(b) The Audit Division of the Legislative Counsel Bureau; and
(c) In an even -numbered year, the Audit Subcommittee of the
Legislative Commission created by NRS 218E.240.
Sec. 2. NRS 333.280 is hereby amended to read as follows:
333.280 1. [Except as otherwise provided in this subsection, ]
A using agency or the Administrator on behalf of a using agency
may enter into a contract using a standard form of contract, by
solicitation in accordance with the provisions of NRS 333.300 or by
advertising in accordance with the provisions of NRS 333.310, for
the furnishing of supplies, materials , [and] equipment and services
for the period of performance stated in the solicitation or
advertisement for the contract, which must not be more than [2] 10
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years . [. If an extended contractual period is necessary to promote
the use of a manufacturing process which emphasizes the efficient
use of energy or to promote the manufacture of products which u se
recycled materials, the Administrator may enter into such a contract
for not more than 3 years.]
2. The original terms of a contract may be extended [annually]
thereafter if the conditions for such an extension are specified in the
original solicitation [,] or advertisement and the Administrator
determines that an extension is in the best interest of the State.
3. After the expiration of the period of performance stated in
the original solicitation or advertisement for a contract and the
period of any extension authorized pursuant to subsection 2 , the
Administrator may approve an extension of a contract if:
(a) The period of any such extension is 4 years or less;
(b) The Administrator determines that any such extension is in
the best interest of this State; and
(c) The Administrator directs the using agency in writing to
solicit or advertise and award a contract for the supplies,
materials, equipment or services by competitive selection before
the expiration of the extension.
4. If a us ing agency fails to comply with the direction of the
Administrator pursuant to paragraph (c) of subsection 3, the
Administrator may approve an additional extension of the contract
in the manner set forth in subsection 3 . If the Administrator
approves an additional extension pursuant to this subsection, the
Administrator shall submit a report regarding the extension to the
Legislative Commission. Such a report must provide sufficient
information to justify the reason that the extension was
determined to be i n the best interest of this State, including,
without limitation, any information regarding the reason that t he
using agency did not award a contract as directed pursuant to
paragraph (c) of subsection 3.
5. If the Administrator submits a report to the Legislative
Commission pursuant to subsection 4, the executive head of the
using agency that is the subject of the report shall appear
personally b efore the Legislative Commission to explain the
reason that the using agency did not award a contract as directed
pursuant to paragraph (c) of subsection 3.
6. The Administrator shall adopt regulations to carry out the
provisions of this section.
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Sec. 3. The provisions of NRS 218D.380 do not apply to any
provision of this act which adds or revises a requirement to submit a
report to the Legislature.
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