NRS 232.49925 Applicability of certain purchasing provisions; procurement of commodities and services; regulations; confidentiality of certain information and proposals.

886 words·~4 min read·/nv/chapter-232-state-departments/232-49925·

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

1. Except as otherwise provided in this section and NRS 287.04345 and 695I.210 or other specific statute, the provisions of chapter 333 of NRS do not apply to purchasing by the Authority.

2. The Authority may, as determined by the Director, conduct the process for procuring commodities and services, negotiating the cost of such commodities and services and entering into contracts for the provision of such commodities and services for the programs under the jurisdiction of the Authority. In conducting that process, the Authority may:

(a)Utilize a single or simultaneous competitive procurement process for multiple programs to provide high value for people who receive health coverage through those programs and the State Government;

(b)Solicit and receive responses from prospective vendors by posting requests for proposals, bids and documents establishing the scope of work to be performed on a project and other documents on an Internet website maintained by the Authority; and

(c)Join contracts with public or private entities in this State, the District of Columbia or other states or territories of the United States as appropriate to increase value for the State Government.

3. In consultation with the Department of Administration and the Office of the Attorney General, the Authority shall adopt regulations to carry out the provisions of this section. Those regulations must:

(a)Establish processes and rules governing any committee established to evaluate proposals;

(b)Require the provision of notice to prospective vendors who submit proposals to provide commodities or services before and after the Authority awards a contract;

(c)Provide for the confidentiality of information submitted as part of a proposal and any communication between a person who submits a proposal and the Authority or any members of a committee described in paragraph (a);

(d)Prescribe the procedure for awarding a contract, which may include, without limitation, procedures for:

(1)An invitation to bid, a request for proposals, a request for qualifications, a request for information, a request for a quote or any other generally accepted procedures for awarding contracts;

(2)Soliciting, bidding and receiving proposals and bids through an Internet website in accordance with paragraph

(b)of subsection 2; and

(3)Determining the costs of a contract for the purpose of soliciting bids and responses;

(e)Establish preferences for bids or proposals submitted by businesses based in this State, businesses owned and operated by veterans with service-connected disabilities and other entities which are given preferences under chapter 333 of NRS;

(f)Establish the duties of persons who are authorized to enter into contracts on behalf of the Authority, which must be consistent with the duties prescribed by NRS 333.337 ;

(g)Prescribe prohibitions consistent with NRS 333.339 against entering into certain contracts;

(h)Prescribe procedures for determining and awarding contracts to bidders who will produce results that are high in quality and value;

(i)Procedures consistent with NRS 333.350 for:

(1)Awarding contracts for separate items or portions or groups of items, or for separate portions of a project;

(2)Rejecting all bids or proposals;

(3)Withdrawing bids or proposals; and

(4)Entering records of bids and proposals;

(j)Penalties consistent with NRS 333.365 for persons who enter into contracts with the Authority and do not perform according to the contract;

(k)Procedures for the submission of revised proposals;

(l)Procedures consistent with NRS 333.370 by which a person who makes an unsuccessful bid or proposal may submit an appeal, including, without limitation, requirements that such a person:

(1)File a notice of appeal with the Authority and the Hearings Division of the Department of Administration; and

(2)Post a bond with good and solvent surety in a form approved by the Director in an amount that is equal to or greater than 25 percent of the amount of the successful bid submitted for the same project;

(m)Procedures consistent with NRS 333.435 for purchasing prescription drugs, pharmaceutical services or medical supplies and related services; and

(n)Procedures for the awarding of contracts on a contingency basis.

4. The Director may require that:

(a)A bid or proposal submitted pursuant to this section be accompanied by a certified check, cashier’s check or bond in an amount not to exceed 5 percent of the total value of the bid or proposal, if such a request applies to all persons who submit bids or proposals for the relevant project.

(b)A person or entity that submits a successful bid or proposal pursuant to this section submit, as a condition to entering into a contract with the Authority, a certified check, cashier’s check or bond in an amount not to exceed the total value of the contract.

5. The Authority is not liable for any expense incurred by or loss of income sustained by any person as the result of a requirement imposed pursuant to subsection 4.

6. The requirements of NRS 333.705 , 333.800 and 333.810 apply to procurement conducted pursuant to this section.

7. Proprietary information, as defined in NRS 333.020 , is confidential and is not a public record.

8. Except as otherwise provided in NRS 239.0115 , any proposal submitted to the Authority under this section is confidential and may not be disclosed until the relevant contract is awarded.