81-153. Materiel division; powers and duties; enumerated.
367 words·~2 min read·
/ne/chapter-81/81-153A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The materiel division shall have the power and duty to:
(1)Purchase or contract for, in the name of the state, the personal property required by the using agencies and the state;
(2)Sell and dispose of personal property that is not needed by the state or its using agencies as provided in section 81-161.04 or initiate trade-ins when determined to be in the best interest of the state;
(3)Determine the utility, quality, fitness, and suitability of all personal property tendered or furnished;
(4)Make rules and regulations consistent with sections 81-145 to 81-161.06 to carry into effect the provisions thereof. Such rules and regulations shall include provisions for modifying and terminating purchase contracts and the cost principles to be used in such modification or termination;
(5)Employ such clerical, technical, and other assistants as may be necessary to properly administer such sections, fix their compensation, and prescribe their duties in connection therewith, subject to existing laws and appropriations;
(6)Allow the purchase of personal property without competitive bidding when the price has been established by the federal General Services Administration or to allow the purchase of personal property by participation in a contract competitively bid by another state or group of states, a group of states and any political subdivision of any other state, or a cooperative purchasing organization on behalf of a group of states. The division may also give consideration to a sheltered workshop pursuant to section 48-1503 in making such purchases;
(7)Enter into any personal property lease agreement when it appears to be in the best interest of the state;
(8)Negotiate purchases and contracts when conditions exist to defeat the purpose and principles of public competitive bidding; and
(9)Obtain an electronic procurement system, which shall be funded or paid for by providing the system provider with, as determined by the materiel administrator, a percentage or portion of identified transactions. Such percentage or portion may be collected by the system provider from contractors and bidders.
These sections held not applicable to the Board of Regents which cannot delegate its constitutional powers and duties to other officers or agencies. Board of Regents v. Exon, 199 Neb. 146, 256 N.W.2d 330 (1977).