Nevada 2017 Regular Session Status: Enacted 7 D cosponsors

AB 280 — Revises provisions relating to preferences in bidding for certain contracts for businesses based in this State. (BDR 27-1060)

Last action — Approved by the Governor. Chapter 572.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 13, 2017. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 62% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 24 sponsors

    7 primary, 17 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (7 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

358 added · 388 removed

358 line(s) added, 388 removed.

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EXEMPT (Reprinted with amendments adopted on June 1, 2017) SECOND REPRINT A.B.
Assembly Bill No.
280 A SSEMBLY B ILL NO .
280–Assemblymen Frierson, Carrillo, Monroe- Moreno, Sprinkle, Neal;
280–ASSEMBLYMEN FRIERSON , CARRILLO , M ONROE -M ORENO , SPRINKLE, N EAL;
Araujo, Benitez-Thompson, Bilbray-Axelrod, Carlton, Cohen, Daly, Fumo, Jauregui, Joiner, McCurdy II, Miller, Ohrenschall, Spiegel, Thompson, Tolles, Watkins and Yeager Joint Sponsors:
ARAUJO , BENITEZ - THOMPSON , ILBRAY -A XELROD , CARLTON , OHEN , ALY , FUMO , JAUREGUI , JOINER, M CC URDY II, M ILLER, OHRENSCHALL , SPIEGEL, THOMPSON , TOLLES , W ATKINS AND Y EAGER M ARCH 13, 2017 ____________ JOINTS PONSORS :
Senators Ford and Cannizzaro CHAPTER..........
ENATORS FORD AND CANNIZZARO ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to preferences in bidding for certain contracts for businesses based in this State.
(BDR 27-1060) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegExisting law grants a preference of 5 percent for a bid or proposal for a state purchasing contract which is submitted by a local business owned and operated by a veteran with a service-connected disability.
Legislative Counsel’s Digest:
(NRS 333.3361-333.3369) Sections 2-8 of this bill create a preference of 5 percent for a bid or proposal for a state purchasing contract which is submitted by a Nevada-based business.
Existing law grants a preference of 5 percent for a bid or proposal for a state purchasing contract which is submitted by a local business owned and operated by 2-8 of this bill create a preference of 5 percent for a bid or proposal for a state purchasing contract which is submitted by a Nevada-based business.
or (2) a majority of the goods provided for in a bid which qualifies for the preference will be deemed to be 5 percent lower than the) a bid actually submitted;
or (2) a majority of the goods provided for in a state purchasing contract are produced in this State.
Section 5 establishes that:
(1) a bid actually submitted;
- *AB280_R2* – 2 – Section 5 also prohibits granting the preference for the award of any contract which uses federal money, unless such a preference is authorized by federal law or any contract which has been procured on a multistate basis.
Section 5 also prohibits granting the preference for the award of any contract which uses federal money, unless such a preference is authorized by federal law or any contract which has been procured on a multistate basis.
Section 6 imposes certain or commits a fraudulent act in applying for a preference or fails to comply with the requirements for a preference.
Section 6 imposes certain penalties and restrictions upon a business that makes a material misrepresentation requirements for a preference.
Sections 9 and 10 of this bill make conforming changes.
Sections 9 and 10 of this bill make conformingith the changes.
Existing law requires each proposal submitted for certain state purchasing contracts to be evaluated based on certain factors to determine whether the proposal must not be disclosed before the proposals are submitted.
Existing law requires each proposal submitted for certain state purchasing contracts to be evaluated based on certain factors to determine whether the proposal is in the best interest of the State.
(NRS 333.335) Section which 9.5 of this bill removes the requirement that the weight of each factor must not be disclosed before the proposals are submitted.
Each factor is assigned a relative weight which must not be disclosed before the proposals are submitted.
(NRS 333.335) Section disclosed before the proposals are submitted.
the weight of each factor must not be - 79th Session (2017) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(b) Granted for the award of any contract which uses federal money unless such a preference is authorized by federal law.
(b) Granted for the award of any contract which uses federal mon(c) Granted for the award of any contract procured on aw.
(c) Granted for the award of any contract procured on a multistate basis.
multistate basis.
In addition to any other remedy or penalty provided by law, if the Purchasing Division determines that a - *AB280_R2* – 3 – business has made a material misrepresentation or otherwise committed a fraudulent act in applying for a preference described in section 5 of this act or has failed to comply with the requirements of that section, the business:
In addition to any other remedy or penalty provided by law, if the Purchasing Division determines that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for a preference described in section 5 of this act or has failed to comply with the requirements of that section, the business:
(b) Shall not bid on a state purchasing contract or a contract awarded by any local government for 1 year after the date upon which the Purchasing Division makes such a determination;
- 79th Session (2017) – 3 – (b) Shall not bid on a state purchasing contract or a contract awarded by any local government for 1 year after the date upon which the Purchasing Division makes such a determination;
and (c) Shall not apply for or receive a preference described in section 5 of this act for 5 years after the date upon which the Purchasing Division makes such a determination.
and (c) Shall not apply for or receive a preference described in Purchasing Division makes such a determination.e upon which the 2.
2.
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:
An advertisement must contain a general description of the classes of commodities or services for which a bid or (a) The name and location of the department, agency, local government, district or institution for which the purchase is to be made.
(a) The name and location of the department, agency, local government, district or institution for which the purchase is to be made.
- *AB280_R2* – 4 – (1) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;
(1) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;
and (3) The Administrator deems the purchase of the alternative article to be in the best interests of the State of Nevada.
and - 79th Session (2017) – 4 – (3) The Administrator deems the purchase of the alternative article to be in the best interests of the State of Nevada.
(e) The date and time not later than which responses must be received by the Purchasing Division.
received by the Purchasing Division.han which responses must be (f) The date and time when responses will be opened.
(f) The date and time when responses will be opened.
A majority of the members of the committee must be state officers or employees.
A majority of the members of may include persons who are not state officers or employees ande possess expert knowledge or special expertise that the chief of the using agency or the Administrator of the Purchasing Division determines is necessary to evaluate a proposal.
The committee may include persons who are not state officers or employees and possess expert knowledge or special expertise that the chief of the using agency or the Administrator of the Purchasing Division determines is necessary to evaluate a proposal.
If the contract is being awarded for the Public Employees’ Benefits Program, the Executive Officer of - *AB280_R2* – 5 – the Program may observe the activities of the committee, but may not vote or otherwise participate in the evaluation.
If the contract is being awarded for the Public Employees’ Benefits Program, the Executive Officer of the Program may observe the activities of the committee, but may not vote or otherwise participate in the evaluation.
Show all 79 changed rows (39 more)
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In making an award, the chief of the using agency, the Administrator of the Purchasing Division or each member of the committee, if a committee is established, shall consider and assign a score for each of the following factors for determining whether the proposal is in the best interests of the State of Nevada:
In making an award, the chief of the using agency, the Administrator of the Purchasing Division or each member of the - 79th Session (2017) – 5 – committee, if a committee is established, shall consider and assign a score for each of the following factors for determining whether the proposal is in the best interests of the State of Nevada:
(a) The experience and financial stability of the person submitting the proposal;
(a) The experience and financial stability of the person sub(b) Whether the proposal complies with the requirements of the request for proposals as prescribed in NRS 333.311;
(b) Whether the proposal complies with the requirements of the request for proposals as prescribed in NRS 333.311;
Except as otherwise provided in NRS 239.0115, each proposal evaluated pursuant to the provisions of this section is confidential and may not be disclosed until the contract is awarded.
Except as otherwise provided in NRS 239.0115, each proposal evaluated pursuant to the provisions of this section is conSec.
Sec.
10.l aNRS 333.340 is hereby amended to read as follows:rded.
10.
NRS 333.340 is hereby amended to read as follows:
- *AB280_R2* – 6 – (1) The location of the using agency to be supplied.
(1) The location of the using agency to be supplied.
(3) The total cost of ownership of the articles to be supplied.
- 79th Session (2017) – 6 – (3) The total cost of ownership of the articles to be supplied.
(5) If the articles are an alternative to the articles listed in the original request for bids, whether the advertisement for bids included a statement that bids for an alternative article will be considered if:
(5) If the articles are an alternative to the articles listed in the included a statement that bids for an alternative article will be considered if:
and (e) The value of the articles as used articles when given in trade on a subsequent purchase.
and (e) The value of the articles as used articles when given in trade on Sec.
Sec.
11.uentNRS 338.0117 is hereby amended to read as follows:
11.
NRS 338.0117 is hereby amended to read as follows:
(a) At least 50 percent of the workers employed on the public work, including, without limitation, any employees of the contractor, applicant or design-build team and of any subcontractor engaged on the public work, will hold a valid driver’s license or - *AB280_R2* – 7 – identification card issued by the Department of Motor Vehicles of the State of Nevada;
(a) At least 50 percent of the workers employed on the public work, including, without limitation, any employees of the contractor, applicant or design-build team and of any subcontractor engaged on the public work, will hold a valid driver’s license or - 79th Session (2017) – 7 – identification card issued by the Department of Motor Vehicles of the State of Nevada;
(1) Registered and partially apportioned to Nevada pursuant to the International Registration Plan, as adopted by the Department of Motor Vehicles pursuant to NRS 706.826;
(1) Registered and partially apportioned to Nevada pursuant of Motor Vehicles pursuant to NRS 706.826;
or (2) Registered in this State;
oropted by the Department (2) Registered in this State;
and (b) Provide that a failure to comply with any requirement of paragraphs (a) to (d), inclusive, of subsection 1 entitles the public body to a penalty only as provided in subsections 5 and 6.
and (b) Provide that a failure to comply with any requirement of body to a penalty only as provided in subsections 5 and 6.
3.
the public 3.
4.
- 79th Session (2017) – 8 – 4.
If a public body receives a written objection pursuant to subsection 3, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required - *AB280_R2* – 8 – pursuant to that subsection.
If a public body receives a written objection pursuant to subsection 3, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to that subsection.
If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection.
If the public body determines that the evidence, the public body shall dismiss the objection.
Upon request, the Board shall provide this information to any public body or its authorized representative.
Upon request, the Board shall provide this information to any public bod6.or If a contractor, applicant or design-build team submits the affidavit described in subsection 1, receives a preference in bidding described in subsection 1 and is awarded the contract as a result of that preference, the contract between the contractor, applicant or design-build team and the public body, each contract between the contractor, applicant or design-build team and a subcontractor and each contract between a subcontractor and a lower tier subcontractor must provide that:
6.
If a contractor, applicant or design-build team submits the affidavit described in subsection 1, receives a preference in bidding described in subsection 1 and is awarded the contract as a result of that preference, the contract between the contractor, applicant or design-build team and the public body, each contract between the contractor, applicant or design-build team and a subcontractor and each contract between a subcontractor and a lower tier subcontractor must provide that:
(b) The right to recover the amount determined pursuant to paragraph (a) by the public body pursuant to subsection 5 may be enforced by the public body directly against the party that caused the failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1;
- 79th Session (2017) – 9 – (b) The right to recover the amount determined pursuant to paragraph (a) by the public body pursuant to subsection 5 may be enforced by the public body directly against the party that caused the failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1;
and - *AB280_R2* – 9 – (c) No other party to the contract is liable to the public body for a penalty.
and (c) No other party to the contract is liable to the public body for a penalty.
A public body that awards a contract for a public work to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 and who receives a preference in bidding described in subsection 1 shall, on or before July 31 of each year, submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission.
A public body that awards a contract for a public work to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 and who receives a preference in bidding submit a written report to the Director of the Legislative Counsel, Bureau for transmittal to the Legislative Commission.
Sec.
Secs.
12.
12-16.
13.
(Deleted by amendment.) Sec.
14.
(Deleted by amendment.) Sec.
15.
(Deleted by amendment.) Sec.
16.
(Deleted by amendment.) Sec.
H - *AB280_R2*
17 ~~~~~ - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 572.

  2. Enrolled and delivered to Governor.

  3. To enrollment.

  4. Senate Amendment No. 1057 concurred in.

  5. In Assembly.

  6. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  7. From printer. To re-engrossment. Re-engrossed. Second reprint .

  8. Read second time. Amended. (Amend. No. 1057.) To printer.

  9. Placed on Second Reading File.

  10. From committee: Amend, and do pass as amended.

  11. Read first time. Referred to Committee on Government Affairs. To committee.

  12. In Senate.

  13. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  14. Placed on General File.

  15. From committee: Do pass, as amended.

  16. From printer. To engrossment. Engrossed. First reprint . To committee.

  17. Read second time. Amended. (Amend. No. 738.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  18. From committee: Amend, and do pass as amended.

  19. Waiver granted effective: April 12, 2017.

  20. Notice of eligibility for exemption.

  21. From printer. To committee.

  22. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

Sponsorship breakdown

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7 sponsors · 17 co-sponsors · 43 not signed on

Sponsors (7)

Co-sponsors (17)

Not signed on (43)

43 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 280?
AB 280 is sponsored by Sprinkle, Ohrenschall, James (Democratic), Cannizzaro, Nicole J. (Democratic), Jauregui, Sandra (Democratic), Miller, Brittney M. (Democratic), Yeager, Steve (Democratic), Neal, Dina (Democratic), Monroe-Moreno, Daniele (Democratic), Ford, McCurdyII, Spiegel, Skip Daly, Teresa Benitez-Thompson, Richard Carrillo, Ozzie Fumo, Cohen, Lesley, Nelson Araujo, Jason Frierson, Tyrone Thompson, Amber Joiner, Justin Watkins, Maggie Carlton, Shannon Bilbray-Axelrod, and Jill Tolles.
What is the current status of AB 280?
This bill has been enacted into law. Introduced March 13, 2017. Enacted.
Where can I track AB 280?
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