SB 445 — Revises provisions relating to state purchasing. (BDR 27-1075)

EXEMPTSenate (ReprintedBill withNo. amendments adopted on May 21, 2021) FIRST REPRINT S.B.

445445–Committee SENATEon BILLNFinance OCHAPTER.......... .

445–COMMITTEE ON F INANCE (O NB EHALF OF THE OFFICE OF FINANCE IN THE OFFICE OF THE G OVERNOR ) M AY 10, 2021 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to state purchasing.

(BDR 27-1075) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Executive Budget.

~ EXPLANATION – Matter in bolded italics is new;

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

The State Purchasing Act governs the purchasing of services, supplies, materials and equipment by agencies of the Executive Department of the State prohibitsGovernment, anywith contractcertain enteredexceptions. into or renewed under the Act from:

(1)(Chapter requiring333 the filing of anyNRS) actionSection or2 the arbitration of anythis disputebill thatprohibits arisesany from the contract toentered beinto instituted or heardrenewed inunder anotherthe stateAct orfrom: nation;

or(1) (2) requiring the Statebe toinstituted indemnifyor anotherheard partyin againstanother liabilitystate foror damages.nation;

or (2) requiring the State toract to indemnify another party against liability for damages.

(NRS 333.310) Section 4 of this bill removes an obsolete requirement relating to quotation forms in the contents of an advertisement.

Existingpurchase lawprescription requiresdrugs, thepharmaceutical Administratorservices toand publishmedical eachsupplies advertisementandct into atrelated leastservices onethrough newspaperthe ofPurchasing generalDivision circulationunless inthe thisagency Statecan andobtain on the Internetbest websitevalue offrom an entity other than the Purchasing Division.

(NRSExisting 333.310)law Sectionrequires 4an removesagency thethat requirementpurchases thatprescription thedrugs, Administratorpharmaceutical publishservices or medical supplies and related services from an advertisemententity inother athan newspaper.the Purchasing Division to report certain information relating to the purchase to the Purchasing Division.

-(NRS *SB445_R1*333.435) –Section 26 –of Existingthis lawbill instead requires such an agency that is subject to themaintain Statea Purchasingrecord Actof totWith purchasecertain prescriptionexceptions, drugs,existing pharmaceuticallaw servicesrequires andcontracts medicalfor supplies and related services through the Purchasing Division unless the agency can obtain the an agency that purchases prescription drugs, pharmaceutical services orof medicalires supplies and related services from an entityindependent othercontractor than the Purchasing Division to reportbe certainapproved informationby relatingthe toState theBoard purchaseof toExaminers thebefore Purchasingbecoming Division.effective.

(NRS 333.435) Section 6 of this bill instead requires such an agency to maintain a record of that information and provides that any such record is a public record.

independent contractor to be approved by the State Board of Examiners before of an becoming effective.

(NRS 333.700) Section 7 of this bill increases the maximum amount of the fromcontracts $50,000that tothe $100,000.ofClerk of the Board or designee may be authorized to approve THEfrom PEOPLE$50,000 OFto THE$100,000. 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:

(Deleted by amendment.) - 81st Session (2021) – 2 – Sec.

1.dispute that arises from the contract to be instituted or heard in another state or nation;

Require the filing of any action or the arbitration of any dispute that arises from the contract to be instituted or heard in another state or nation;

- *SB445_R1* – 3 – (1) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;

(2) The purchase of the alternative article results in a lower price;price;(3) The Administrator deems the purchase of the alternative article to be in the best interests of the State of Nevada.

and (3) The Administrator deems the purchase of the alternative article to be in the best interests of the State of Nevada.

Each advertisement must be publishedpublished: [:

The selection of the newspaper to carry the advertisement must be made in the manner provided by this chapter for other purchases, on - 81st Session (2021) – 3 – the basis of the lowest price to be secured in relation to the paid circulation;

and (b) On]On on the Internet website of the Purchasing Division.

(Deleted by amendment.) Sec.333.435 1.NRS 3Except as otherwise provided in subsection 2, a using agency shall purchase prescription drugs, pharmaceutical services, or medical supplies and related services, or any combination thereof, only through the Purchasing Division.

6.

NRS 333.435 is hereby amended to read as follows:

333.435 1.

Except as otherwise provided in subsection 2, a using agency shall purchase prescription drugs, pharmaceutical services, or medical supplies and related services, or any combination thereof, only through the Purchasing Division.

- *SB445_R1* – 4 – (a) The purchase price for the prescription drugs, pharmaceutical services, or medical supplies and related services;

and (b) The name, address and telephone number of the entity that sold the using agency the prescription drugs, pharmaceuticalpharmaceuticalthat services, or medical supplies and related services.