48-1503. Governmental subdivisions; direct negotiation for products and services; considerations; procedures; contract requirements.

332 words·~2 min read·/ne/chapter-48/48-1503

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Whenever the State of Nebraska, any department or any agency thereof, or any county, municipality, school district, township, or other governmental subdivision is required to advertise for bids pursuant to any statutes of the State of Nebraska, it may directly negotiate and contract for products and services with a sheltered workshop. Direct negotiation for products and services, notwithstanding the procedures for public lettings pursuant to sections 73-101 to 73-106 , may be conducted if the department, agency, or subdivision gives consideration to the following elements:

(1)Whether the product or service contracted for is supplied by the sheltered workshop at a fair market price;

(2)Whether the product or service meets the specifications of the department, agency, or subdivision;

(3)The ability, capacity, and skill of the sheltered workshop to perform the contract required;

(4)The character, integrity, reputation, judgment, experience, and efficiency of the sheltered workshop;

(5)Whether the sheltered workshop can perform the contract within the time specified;

(6)The quality of performance of previous contracts;

(7)The previous and existing compliance by the sheltered workshop with laws relating to the contract;

(8)The life-cost of the product or service in relation to the purchase price and specific use of the item; and

(9)The performance of the product or service, taking into consideration any commonly accepted tests and standards of product usability and user requirements.

An agency, subdivision, or city under home rule charter shall furnish prior public notice of its intention to enter into such contract, the general nature of the proposed work, and the name of the person to be contacted for additional information by any sheltered workshop interested in contracting for such work.

Any contract negotiated pursuant to this section shall be in writing and shall be made available to the public by the purchasing party upon request. Such a contract shall include the purchase price, the quantity of product or service purchased, and the time period for which the product or service will be provided.