NRS 333.365
Breach of contract: Penalties.

1.

A person who has entered into a contract with the Purchasing Division or another agency of this state and who does not perform according to the terms of the contract is liable for, in addition to any other applicable damages for breach of contract, a penalty of not more than 5 percent of the total value of the bid or contract. The penalty must be recovered in a civil action upon the complaint of the Administrator in any court of competent jurisdiction. In addition to recovering the penalty and any other applicable damages, the Administrator may refuse to accept a bid from the person or refuse to award a contract to the person, or both, for not more than 2 years.

2.

If the Administrator does not bring an action to recover the penalty prescribed by subsection 1, he or she may:

(a)

Refuse to accept a bid from the person, refuse to award a contract to the person, or both, for not more than 2 years; and

(b)

Impose an administrative penalty, in an amount not to exceed 5 percent of the total value of the bid or contract. Such a penalty may be recovered only after notice is given to the person by mail.

3.

A penalty imposed pursuant to subsection 1 or 2 may be deducted from any payment due the person or, if a bond has been issued or a check received, a claim may be made against the bond or check. If no payment is due and no bond was issued or check received, the Administrator may issue a claim for payment of the penalty. The claim must be paid within 30 days.

Source: Section 333.365 — Breach of contract: Penalties., https://www.­leg.­state.­nv.­us/NRS/NRS-333.­html#NRS333Sec365.

333.250
Classification of commodities 333.260
Estimates of requirements. 333.270
Determination of quantity to be purchased of each commodity after receipt of estimate of requirements. 333.280
Contract for furnishing supplies, materials and equipment: Period and form 333.290
Use of materials, supplies or products of state institutions: Contents of advertisement for bids. 333.300
Notices of proposed purchases 333.310
Advertisements for bids or proposals: Contents and publication. 333.311
Request for proposals to include minimum requirements for awarding contract and notice of certain written certification 333.313
On-line bidding. 333.315
Cost of providing service to be determined including all costs related to contract, including monitoring or reviewing private contractor. 333.320
Specification for bids for supplying state institutions: Requirements. 333.330
Bids on more than one item in same notice: Itemization and price 333.333
Proprietary information regarding trade secret: Confidentiality 333.335
Proposals: Evaluation 333.337
Duties of persons authorized to enter into contracts pursuant to this chapter. 333.338
Prohibition on entering contract with company without written certification relating to certain boycotts of Israel 333.340
Award of contract or order for goods: Determination of lowest responsible bidder 333.350
Contracts for separate items or portions or groups of items or for portions or groups of portions of project 333.355
Administrator of Purchasing Division may request check or bond to accompany bid or proposal. 333.360
Performance bonds 333.365
Breach of contract: Penalties. 333.370
Appeal by person making unsuccessful bid or proposal. 333.372
Regulations concerning forms of security to be submitted with notice of appeal. 333.375
Award of certain contracts to nonprofit organization or agency whose primary purpose is training and employment of persons with mental or physical disabilities. 333.380
Rules of Administrator to provide procedure for unscheduled or emergency purchases and purchases with money from State Purchasing Fund. 333.390
Authorization for using agency to purchase items not available directly from state contract 333.395
Contracts with certificated interstate or intrastate carriers of persons or property 333.400
Purchase of commodities out of schedule: Quotations to be obtained 333.410
Quotations to be secured from state institutions 333.420
Delivery of supplies, material and equipment: Memoranda of shipments and invoices to be transmitted by seller. 333.430
Cooperation of two or more departments in securing supplies: Distribution of expense. 333.435
Purchase of prescription drugs, pharmaceutical services or medical supplies by using agency. 333.450
Payment of claims for supplies, materials, equipment and services 333.460
Payment by using agency by transfer or warrant. 333.3351
Preference for bid or proposal submitted by Nevada-based business: Definitions. 333.3352
Preference for bid or proposal submitted by Nevada-based business: “Nevada-based business” defined. 333.3353
Preference for bid or proposal submitted by Nevada-based business: “State purchasing contract” defined. 333.3354
Preference for bid or proposal submitted by Nevada-based business: Amount of preferences. 333.3355
Preference for bid or proposal submitted by Nevada-based business: Penalties for fraudulent acts committed in applying for preference or failing to comply with requirements 333.3356
Preference for bid or proposal submitted by Nevada-based business: Regulations. 333.3361
Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: Definitions. 333.3362
Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: “Business owned and operated by a veteran with a service-connected disability” defined. 333.3363
Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: “Local business” defined. 333.3364
Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: “State purchasing contract” defined. 333.3365
Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: “Veteran with a service-connected disability” defined. 333.3366
Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: Amount of preference. 333.3367
Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: Effect of material misrepresentation or other fraudulent act committed in applying for preference 333.3368
Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: Duty of Purchasing Division to report to Legislature. 333.3369
Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: Regulations.
Last Updated

Feb. 5, 2021

§ 333.365’s source at nv​.us