Nevada Administrative Code Chapter 333 - Purchasing: State
Nevada Administrative Code (NAC) Chapter 333 — Purchasing: State
Overview
NAC Chapter 333 governs the purchasing and procurement activities of Nevada state government agencies. It was adopted to implement and supplement the provisions of Nevada Revised Statutes (NRS) Chapter 333, also known as the State Purchasing Act.
The purpose of this chapter is to ensure that:
State purchases are made efficiently and economically;
Contracts are awarded fairly and transparently;
Public funds are used responsibly;
The integrity of the public procurement process is maintained.
This chapter is enforced and administered primarily by the Administrator of the Purchasing Division within the Nevada Department of Administration.
Key Provisions of NAC Chapter 333
1. Definitions and Scope (NAC 333.010 - 333.020)
Defines important terms such as:
“Administrator”
“Using agency”
“Solicitation”
“Responsive bidder”
“Responsible contractor”
These definitions are critical to interpreting procurement requirements.
2. Solicitations and Bidding (NAC 333.100 – 333.220)
Outlines rules for issuing invitations to bid (ITBs) and requests for proposals (RFPs).
All solicitations must:
Be advertised publicly.
Allow fair competition among vendors.
Include clear specifications and evaluation criteria.
Bids must be:
Submitted by the deadline;
Sealed and unmodified once submitted;
Evaluated based on predetermined criteria.
3. Awarding Contracts (NAC 333.230 – 333.265)
Contracts must be awarded to the:
Lowest responsive and responsible bidder (for ITBs), or
Best value proposer (for RFPs), considering price, quality, experience, etc.
A “responsive” bid meets all requirements of the solicitation.
A “responsible” bidder has the capacity, resources, and integrity to perform the contract.
4. Protests and Appeals (NAC 333.170 – 333.184)
Vendors may file a protest if they believe:
The bidding process was unfair;
Their bid was improperly evaluated;
The award was made in violation of procurement law.
Key requirements:
Must be filed within a set timeframe (usually within 10 business days of award notice).
Protests must include specific factual and legal grounds.
The Administrator conducts a review and can uphold, modify, or cancel the award.
5. Emergency Purchases (NAC 333.290)
In case of emergencies (e.g., natural disasters), state agencies may bypass standard bidding rules.
However, they must document:
The nature of the emergency;
Why normal procurement was impractical;
Details of the purchase made.
6. Vendor Performance and Disqualification (NAC 333.300 – 333.320)
Vendors that fail to perform may be:
Disqualified from future contracts;
Required to pay damages or restitution;
Placed on a non-responsibility list.
Agencies must document performance issues and give vendors an opportunity to respond.
Relevant Legal Principles and Case Law
While Nevada-specific case law interpreting NAC Chapter 333 is limited, general state procurement law and administrative law principles apply:
1. Discretion of Procurement Agencies
Courts recognize that state procurement officials have broad discretion in evaluating bids and proposals.
As long as the agency follows its own rules and acts in good faith, courts are reluctant to interfere.
Example Principle: If a state agency chooses one vendor over another based on technical scoring, the court will defer unless there’s a clear violation of law or abuse of discretion.
2. Requirement to Follow Procurement Rules
Agencies must strictly follow the procedures outlined in NAC 333 and NRS 333.
A failure to comply with mandatory bidding procedures can render a contract void or voidable.
Example Case (Hypothetical): If an agency awards a contract without proper advertisement or skips required evaluation steps, a court may invalidate the award.
3. Vendor Protest Rights and Due Process
Vendors are entitled to a fair protest process.
Agencies must provide:
Notice of award decisions;
A reasonable opportunity to protest;
An impartial review of the protest.
Relevant Principle: Failure to provide these rights can result in court orders halting a contract or requiring a re-bid.
4. Judicial Review of Procurement Decisions
Nevada courts apply the “arbitrary and capricious” standard when reviewing procurement decisions.
A court may reverse a decision only if:
It was based on bias, lack of evidence, or violation of law.
5. Example Nevada Case Reference (General Administrative Law)
State, Dep’t of Admin. v. George, 104 Nev. 539 (1988):
Although not about purchasing directly, this case emphasized the importance of due process and fair administrative procedures in state decision-making.
Summary
NAC Chapter 333 establishes a comprehensive and detailed framework for state procurement in Nevada, covering:
Solicitation and bidding;
Evaluation and contract award;
Protests and disputes;
Emergency purchases;
Vendor disqualification.
It aims to ensure fairness, transparency, competition, and accountability in state contracting.
Key legal principles — including due process, judicial deference, and strict compliance with procurement rules — apply and are reinforced through general Nevada administrative law and procurement case law.
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