AB 336 — Revises provisions relating to state purchasing. (BDR 27-458)

A.B.Assembly Bill No.

336336–Committee Aon SSEMBLYHealth Band ILLNHuman O.Services CHAPTER..........

336–COMMITTEE ON H EALTH AND HUMAN SERVICES (ON B EHALF OF THE LEGISLATIVE COMMITTEE ON SENIOR CITIZENS, VETERANS AND ADULTS W ITHS PECIAL NEEDS ) M ARCH 3, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to state purchasing.

(BDR 27-458) 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.

The State Purchasing Act governs the purchasing of services, supplies, materials and equipment by agencies of the Executive Department of the State Government,exceptions, withprovides certainfor exceptions.the granting of an advantage, known as a preference, of 5 percent to a bid or proposal submitted for such a state purchasing contract by:

(Chapter(1) 333a ofNevada-based NRS)business, Thewhich Act,is withdefined certainin exceptions,the providesAct foras thea grantingbusiness ofwhich ancertifies advantage,that knownits asprincipal aplace preference, of 5business percentis toin aNevada bid or proposalthe submittedmajority forof suchgoods aprovided statefor purchasingin the contract by:are produced in Nevada;

(1)or (2) a Nevada-based business that itsis principalowned placeand ofoperated businessby a veteran with a specified service-connected disability, which is defined in Nevadathe orAct as a “local business owned and operated by a veteran 333.3366) The Act prohibits the majoritycombination of goodsthese providedpreferences forwith ineach theother contractor areany producedother inpurchasing Nevada;preference.

or(NRS (2)333.3354, a333.3366) Nevada-basedSections business2 thatand is3 ownedof andthis operatedbill byeliminate athe veteranprohibition withagainst athe specifiedcombination service-connectedof disability,the whichpreference isfor defineda inNevada-based business and the Actpreference asfor a “locallocal business owned and operated by a veteran with a service-connected disability.”disability, (NRSthereby 333.3352,providing 333.3354,for 333.3362-a 333.3366)combined Thepreference Actof prohibits10 thepercent combinationfor ofa thesebid preferencesor withproposal eachfor othera orstate anypurchasing othercontract purchasingsubmThe preference.State Purchasing Act imposes an inverse preference on a bid or proposales.

(NRSfor 333.3354,a 333.3366)purchasing Sectionscontract 2with andthe 3State of Nevada-basedNevada businesssubmitted and the preference for a local business owned and operatedr a by a veteranperson withwho ahas service-connected disability, thereby providing for a combinedprincipal preferenceplace of 10business percentin foranother astate bidif, or proposal for a statesimilar purchasingcontract, contract submitted by a business that meets the requirementsother forstate: both of those preferences.

The State Purchasing Act imposes an inverse preference on a bid or proposal for a purchasing contract with the State of Nevada submitted by a person who has a - *AB336* – 2 – principal place of business in another state if, for a similar contract, the other state:

and (2) denies that preference to a person with a principal place of business in the State of Nevada.

This inverse preference is an amount that is substantiallysssubstantially in the equivalent to the preference that is denied by the other state to a person with a principalthis placebill ofeliminates businessthis ininverse thepreference. State of Nevada.

(NRSSections 333.33695)1-4 Section 5 of this bill eliminatesmake5 thisof conforming changes by removing references to the inverse preference.preference that was eliminated by section 5.

SectionsEXPLANATION 1-4– ofMatter thisin billbolded makeitalics conformingis changesnew; by removing references to the inverse preference that was eliminated by section 5.

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

(a)- The83rd nameSession and(2025) location– of2 the– department, agency, local government, district or institution for which the purchase is to be made.

[and the inverse preference set forth in NRS 333.33695.] (e)NRS Notice333.338.e of the written certification required pursuant to NRS(f) 333.338.The date and time not later than which responses must be received by the Purchasing Division.

(f) The date and time not later than which responses must be received by the Purchasing Division.

The selection of the newspaper to carry the advertisement must be made in the manner provided by this chapter for other purchases, on - *AB336* – 3 – the basis of the lowest price to be secured in relation to the paid circulation;

If a business that qualifies as a Nevada-based businessbus(a) submitsBid a:to furnish commodities that was solicited pursuant to NRS 333.300, the bid shall be deemed to be 5 percent lower than the bid actually submitted;

(a) Bid to furnish commodities that was solicited pursuant to NRS 333.300, the bid shall be deemed to be 5 percent lower than the bid actually submitted;

The provisions of this - 83rd Session (2025) – 3 – paragraph do not prohibit the imposition of an inverse preference pursuant to NRS 333.33695.] except for the preference described in NRS 333.3366.

(b) Granted for the award of any contract which uses federal moneymon(c) unlessGranted suchfor athe preferenceaward isof authorizedany bycontract federalprocured law.on aw.

(c) Granted for the award of any contract procured on a multistate basis.

(1) The granting of the preference described in NRS 333.3354333.33(2) or[The3.33granting 333.3366orofoththeefepreference [.]appdescribed ,in orNRS both333.3354. preferences, if applicable.

(2)(3) [TheThe grantingimposition of the inverse preference described in NRS 333.3354.333.33695.

- *AB336* – 4 – (3) The imposition of the inverse preference described in NRS 333.33695.

(5) If the articles are an alternative to the articles listed in the original request for bids, whether the advertisement for bids - 83rd Session (2025) – 4 – included a statement that bids for an alternative article will be considered if:

-~~~~~ *AB336*25 –- 583rd –Session TEXT(2025) OF REPEALED SECTION 333.33695 Inverse preference for bid or proposal submitted by person with principal place of business in another state;

exceptions.

1.

Except as otherwise provided in subsection 2, for purposes of (a) A person who submits a bid or proposal has a principal place of business in a state other than the State of Nevada;

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 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 applicable, by an amount that is substantially equivalent to the, as preference that the other state denies to a person with a principal place of business in the State of Nevada.

2.