AB 28 — Imposes an inverse preference on certain bidders for state purchasing contracts. (BDR 27-238)

A.B.Assembly Bill No.

2828–Committee ASSEMBLYon BGovernment ILLNAffairs O.CHAPTER..........

28–COMMITTEE ON G OVERNMENT A FFAIRS (ON BEHALF OF THE PURCHASING D IVISION OF THE DEPARTMENT OF ADMINISTRATION ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Government Affairs SUMMARY—Imposes an inverse preference on certain bidders for state purchasing contracts.

(BDR 27-238) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(1) a preference of 5 percent for a bid or proposal for a preference of 5 percent for a bid or proposal for a state purchasing contract which is submitted by a Nevada-basedlocal business;business owned and operated by a veteran with a service- connected disability.

or(NRS (2)333.3354, a333.3366) preferenceSection 1 of 5this percentbill forimposes aan bidinverse orpreference proposalon any bidder for a state purchasing contract whichwith isa submittedprincipal byplace aof local business ownedin andanother operatedstate byif, afor veteran with a service-similar connectedcontract: disability.

(NRS 333.3354, 333.3366) purchasing contract with a principal place of business in another state if, for a similar contract:

and (2) denies that preference to a person with a on a bid or proposal for a state purchasing contract is equal to the amount of the preference that is denied by the other state to a person with a principal place of business in the State of Nevada.

TheSection inverse2 preferenceof imposedthis onbill arequires bidnotice orof proposal for a state purchasing contract is equal to the amountimposition of thean inverse preference thatbe isincluded deniedin byan theadvertisement otherfor statebids toof aproposals personfor with a principalstate placepurchasing ofcontract businessfor incommodities theor Stateservices. of Nevada.

beSections included3 inand an4 advertisementof forthis bidsbill ofclarify proposalsthat forthe ainverse statepreference purchasingmust contractbe forimposed commoditiesbased orbusiness; services.

Sections 3 and 4 of this bill clarify that the inverse preference must be imposed regardless of whether:

(1) the preference of 5 percent was awarded to a Nevada- based business;

- *AB28* – 2 – Section 5 of this bill requires the imposition of an inverse preference be contractconsidered forwhen goods.erminingdetermining the lowest responsible bidder on a state purchasing THEcontract PEOPLEfor OFgoods. THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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:

and (b) That other state, with respect to similar contracts awarded by that other state or agencies of that other state, grants to a person with a principal place of business in that state a preference - 81st Session (2021) – 2 – which is not afforded to a person who has a principal place of business in the State of Nevada,  the person responsible for awarding the contract must increase the bid or proposal or decrease the score of the bid or proposal, as applicable, by an amount that is substantially equivalent to the preference that the other state denies to a person with a principal place of business in the State of Nevada.

(1) The specifications of the alternative article meet or exceedfor thebids;e specifications of the article listed in the original request for(2) bids;The purchase of the alternative article results in a lower price;

- *AB28* – 3 – (2) The purchase of the alternative article results in a lower price;

- 81st Session (2021) – 3 – 2.

The selection of the newspaper to carry the advertisement must be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation;

and lowest price to be secured in relation to the paid (b) On the Internet website of the Purchasing Division.

For the purpose of awarding a formal contract solicited pursuant to subsection 2 of NRS 333.300 or awarding a contract for the services of a person as an independent contractor pursuant to subsection 1 of NRS 333.700, if a local business owned and operated by a veteran with a service-connected disability - *AB28* – 4 – submits a bid or proposal for such a contract and is a responsive and responsible bidder, the bid or proposal shall be deemed to be 5 percent lower than the bid or proposal actually submitted.

- 81st Session (2021) – 4 – (a) Shall consider, if applicable:

(2) The qualities of the articles to be supplied.

- *AB28* – 5 – 3.

H~~~~~ 21 - *AB28*81st Session (2021)