1. Except as otherwise provided in NRS 333.375, the Administrator shall give reasonable notice, by advertising and by written notice provided to persons in a position to furnish the classes of commodities involved, as shown by its records, of all proposed purchases of supplies, materials and equipment to be purchased in accordance with a schedule prepared in conformity with the provisions of NRS 333.250.

2. All such materials, supplies and equipment, except as otherwise provided in this section, if the estimated cost thereof exceeds $50,000, must be purchased by formal contract from the lowest responsible bidder after notice inviting the submission of sealed proposals to the Administrator of the Purchasing Division at the date, hour and location set forth in the proposal, and at that date, hour and location the proposals must be publicly opened. The Purchasing Division may reject any or all proposals, or may accept the proposal determined best for the interest of the State. The notice must be published as prescribed in NRS 333.310.

3. The Administrator may solicit the purchase of materials, supplies and equipment, if the estimated cost thereof is $50,000 or less, by written contract from the lowest responsible bidder if notice of the proposed purchase is provided to:

(a) At least three persons in a position to furnish the materials, supplies or equipment; and

(b) The Office of Economic Development.

4. In case of emergencies caused by acts of God or the national defense or other unforeseeable circumstances, the provisions for advertisements on competitive bids may be waived by the Administrator, but every effort must be made to secure the maximum competitive bidding under the circumstances. In no case may contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids.

5. Except as otherwise provided in subsection 6, in awarding contracts for the purchase of supplies, materials and equipment, if two or more lowest bids are identical, the Administrator shall:

(a) If the lowest bids are by bidders resident in the State of Nevada, accept the proposal which, in the discretion of the Administrator, is in the best interests of this State.

(b) If the lowest bids are by bidders resident outside the State of Nevada:

(1) Accept the proposal of the bidder who will furnish goods or commodities produced or manufactured in this State; or

(2) Accept the proposal of the bidder who will furnish goods or commodities supplied by a dealer resident in the State of Nevada.

6. In awarding contracts for the purchase of supplies, materials and equipment, if:

(a) Two or more lowest bids are within 5 percent of each other;

(b) None is by a bidder resident in the State of Nevada; and

(c) One or more lowest bids is by a bidder who is a vendor certified by the Administrator pursuant to the regulations adopted pursuant to NRS 333.182,

the bid or proposal submitted by the bidder who is a certified vendor shall be deemed to be 5 percent lower than the bid or proposal actually submitted.

[19:333:1951] — (NRS A 1959, 517; 1963, 1056; 1967, 1112; 1975, 11, 513; 1979, 71; 1987, 102, 1641; 1995, 367; 1997, 485; 2001, 690; 2013, 49, 3690; 2017, 2136)