Nebraska § 81-153 Materiel division; powers and duties; enumerated

Nebraska Statutes

§ 81-153 — Materiel division; powers and duties; enumerated

Nebraska § 81-153

Ch. 81State Administrative Departments

This text of Nebraska § 81-153 (Materiel division; powers and duties; enumerated) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 81-153 (2026).

Text

The materiel division shall have the power and duty to:

(1)Purchase or contract for, in the name of the state, the personal property required by the using agencies and the state;

(2)Sell and dispose of personal property that is not needed by the state or its using agencies as provided in section 81-161.04 or initiate trade-ins when determined to be in the best interest of the state;

(3)Determine the utility, quality, fitness, and suitability of all personal property tendered or furnished;

(4)Make rules and regulations consistent with sections 81-145 to 81-161.06 to carry into effect the provisions thereof. Such rules and regulations shall include provisions for modifying and terminating purchase contracts and the cost principles to be used in such modification or termination;

(5)

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The materiel division shall have the power and duty to:
(1) Purchase or contract for, in the name of the state, the personal property required by the using agencies and the state;
(2) Sell and dispose of personal property that is not needed by the state or its using agencies as provided in section 81-161.04 or initiate trade-ins when determined to be in the best interest of the state;
(3) Determine the utility, quality, fitness, and suitability of all personal property tendered or furnished;
(4) Make rules and regulations consistent with sections 81-145 to 81-161.06 to carry into effect the provisions thereof. Such rules and regulations shall include provisions for modifying and terminating purchase contracts and the cost principles to be used in such modification or termination;
(5) Employ such clerical, technical, and other assistants as may be necessary to properly administer such sections, fix their compensation, and prescribe their duties in connection therewith, subject to existing laws and appropriations;
(6) Allow the purchase of personal property without competitive bidding when the price has been established by the federal General Services Administration or to allow the purchase of personal property by participation in a contract competitively bid by another state or group of states, a group of states and any political subdivision of any other state, or a cooperative purchasing organization on behalf of a group of states. The division may also give consideration to a sheltered workshop pursuant to section 48-1503 in making such purchases;
(7) Enter into any personal property lease agreement when it appears to be in the best interest of the state;
(8) Negotiate purchases and contracts when conditions exist to defeat the purpose and principles of public competitive bidding; and
(9) Obtain an electronic procurement system, which shall be funded or paid for by providing the system provider with, as determined by the materiel administrator, a percentage or portion of identified transactions. Such percentage or portion may be collected by the system provider from contractors and bidders.

Legislative History

Source: Laws 1943, c. 215, § 9, p. 706; R.S.1943, § 81-153; Laws 1947, c. 310, § 1(1), p. 942; Laws 1955, c. 231, § 16, p. 725; Laws 1957, c. 368, § 3, p. 1295; Laws 1963, c. 508, § 6, p. 1617; Laws 1974, LB 1054, § 31; Laws 1975, LB 359, § 5; Laws 1975, LB 447, § 3; Laws 1981, LB 381, § 2; Laws 1984, LB 540, § 12; Laws 1992, LB 1241, § 14; Laws 2000, LB 654, § 9; Laws 2001, LB 96, § 1; Laws 2014, LB974, § 5; Laws 2022, LB1037, § 2; Laws 2024, LB461, § 40. Cross References: Surplus property of United States, duties of Department of Correctional Services, see section 81-909. Annotations: These sections held not applicable to the Board of Regents which cannot delegate its constitutional powers and duties to other officers or agencies. Board of Regents v. Exon, 199 Neb. 146, 256 N.W.2d 330 (1977).