Solicitation Waiver Contracts
Authorized Solicitation Waivers
Contracts for Services Awarded Without Competitive Selection
Solicitation Waivers
Pursuant to Nevada Revised
Statute Chapter 333 and Nevada
Administrative Code 333.150, the Nevada State Purchasing Division of the
Department of Administration (State Purchasing) may authorize using agencies
to contract for the services of an independent contractor without competitive
selection when it is determined by the applicable authority that the service or
commodity is not adapted to competitive solicitation or only available from a
sole source. Contracts for services of independent contractor are not effective
until authorized by the Board of Examiners (BOE) pursuant to NRS 333.700.
Using agencies may request consideration of a noncompetitive
procurement by completing and submitting a Solicitation
Wavier Justification and Request Form in accordance with the form
instructions. Effective March 21, 2024, Solicitation Waivers authorized by State
Purchasing pursuant to NAC 333.150
are posted as a Bid in our electronic procurement system, NevadaEPro, where competitive solicitations
are also advertised and available for public inspection. An interested party
has the right to contest a Solicitation Waiver within 11 days of the posting by
submitting a written statement of issues to Cindy Stoeffler at cstoeffler@admin.nv.gov or at Nevada
State Purchasing Division, 515 E Musser St, Carson City, NV 89701, Suite 300. Mailed
statements must be post marked on or before the 11th day after the
date the Solicitation Waiver has been posted. Emailed statements must be received
before 5:00 pm Pacific Time. Submitters are encouraged to seek timely
confirmation of receipt. Public records related to Solicitation Waivers
authorized prior to March 21, 2024 may not be available through NevadaEPro and can be requested using the
State Purchasing Public
Record Request Form or by emailing PurchasingRecords@admin.nv.gov.
Contracts for professional services explicitly listed in NAC
333.150(2)(b) where the referenced licensure or professional certification
is a requirement of the service to be provided, including (1) expert witness,
(2) professional engineer, (3) registered architect, (4) attorney, or (5)
accountant exclusively, are not adapted to award by competitive selection; a State
Purchasing authorized Solicitation Wavier is not required. Contracting for
professional services which do not require licensure or professional
certification listed in NAC
333.150(2)(b) with vendors who happen to hold such license or certification
is not a permitted use of this provision. Using agencies are authorized to
contract directly for listed professional services on the basis of the
competence and qualifications of the professional and then negotiate reasonable
fees. Public records for these contracts are in the custody of using agencies
and may not be available through NevadaEPro.
Using agencies are on notice that per NRS 228.110,
they do not have the ability to contract directly for services of licensed
attorneys without express permission of the Nevada Office of the Attorney
General.
Service contracts with an estimated value below the limit
established in NAC 333.150(3)
of $25,000 per fiscal year are awarded by using agencies; State Purchasing does
not consider Solicitation Waivers for contracts below the limit. The head of
the using agency is responsible for determining when a contract below the limit
is not adapted to competitive selection and documenting the justification and determination.
Public records for these contracts are in the custody of using agencies and may
not be available through NevadaEPro.