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.

 

Waiver Number Date Posted Vendor Type of Work/Service Agency Contact Contract Amount Term of Contract View Documents