NRS 333.370
Appeal by person making unsuccessful bid or proposal.

1.

A person who makes an unsuccessful bid or proposal may file a notice of appeal with the Purchasing Division and with the Hearings Division of the Department of Administration within 11 days after the date of award as entered on the bid record. The notice of appeal must include a written statement specifying any alleged violation of this chapter.

2.

A person filing a notice of appeal must post a bond with good and solvent surety authorized to do business in this state or submit other security, in a form approved by the Administrator by regulation, to the Purchasing Division, who shall hold the bond or other security until a determination is made on the appeal. Except as otherwise provided in subsection 3, a bond posted or other security submitted with a notice of appeal must be in an amount equal to 25 percent of the total value of the successful bid submitted.

3.

If the total value of the successful bid cannot be determined because the total requirements for the contract are estimated as of the date of award, a bond posted or other security submitted with a notice of appeal must be in an amount equal to 25 percent of the estimated total value of the contract. Upon request, the Administrator shall provide:

(a)

The estimated total value of the contract; or

(b)

The method for determining the estimated total value of the contract,
Ê based on records of past experience and estimates of anticipated requirements furnished by the using agency.

4.

Within 20 days after receipt of the notice of appeal, a hearing officer of the Hearings Division of the Department of Administration shall hold a contested hearing on the appeal in substantial compliance with the provisions of NRS 233B.121 to 233B.1235, inclusive, 233B.125 and 233B.126. The successful bidder must be given notice of the hearing in the same manner as the person who filed the notice of appeal. The successful bidder may participate in the hearing. Within 60 days after receipt of the notice of appeal, the hearing officer shall make a determination on the appeal.

5.

The hearing officer may only cancel the award for lack of compliance with the provisions of this chapter. A cancellation of the award requires a new award in accordance with the provisions of this chapter.

6.

A notice of appeal filed in accordance with the provisions of this section operates as a stay of action in relation to any contract until a determination is made by the hearing officer on the appeal.

7.

A person who makes an unsuccessful bid or proposal may not seek any type of judicial intervention until the hearing officer has made a determination on the appeal.

8.

The Administrator may make as many open market purchases of the commodities or services as are urgently needed to meet the requirements of the Purchasing Division or the using agency until a determination is made on the appeal. With the approval of the Administrator, the using agency may make such purchases for the agency.

9.

Neither the State of Nevada, nor any agency, contractor, department, division, employee or officer of the State is liable for any costs, expenses, attorney’s fees, loss of income or other damages sustained by a person who makes an unsuccessful bid or proposal, whether or not the person files a notice of appeal pursuant to this section.

10.

If the appeal is upheld and the award is cancelled, the bond posted or other security submitted with the notice of appeal must be returned to the person who posted the bond or submitted the security. If the appeal is rejected and the award is upheld, a claim may be made against the bond or other security by the Purchasing Division and the using agency to the Hearings Division of the Department of Administration in an amount equal to the expenses incurred and other monetary losses suffered by the Purchasing Division and the using agency because of the unsuccessful appeal. The hearing officer shall hold a hearing on the claim in the same manner as prescribed in subsection 4. Any money not awarded by the hearing officer must be returned to the person who posted the bond or submitted the security.

Source: Section 333.370 — Appeal by person making unsuccessful bid or proposal., https://www.­leg.­state.­nv.­us/NRS/NRS-333.­html#NRS333Sec370.

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

Jun. 24, 2021

§ 333.370’s source at nv​.us