§ 333A.082 — Notification to qualified service companies; selection of qualified service company; financial-grade audit required

Nevada § 333A.082

• Jurisdiction: Nevada
• Title 27: PUBLIC PROPERTY AND PURCHASING
• Ch. 333A: Purchasing:

Text

1. The Purchasing Division of the Department of Administration shall work directly with any using agency interested in entering into a performance contract, using the list of qualified service companies compiled by the State Public Works Division of the Department of Administration pursuant to NRS 333A.080 . The Purchasing Division, in conjunction with the using agency, shall ensure that each appropriate qualified service company is notified of the using agency’s interest in entering into a performance contract and coordinate an opportunity for each such qualified service company to:
(a) Visit the site pertaining to which the using agency wishes to enter into a performance contract;
(b) Perform a comprehensive audit in the manner prescribed in NRS 333A.084 ; and
(c) Submit a proposal, including, without limitation, the comprehensive audit, and make a related presentation to the using agency for all operating cost-savings measures that the qualified service company determines would be practicable to implement.
2. The using agency shall:
(a) Evaluate the proposals and presentations made pursuant to subsection 1;
(b) Evaluate the financial stability of the qualified service companies that made proposals and presentations pursuant to subsection 1 based on the financial statements and ratings of the qualified service companies; and
(c) Select a qualified service company,
Ê pursuant to the provisions of this chapter and any regulations adopted pursuant thereto, for evaluating and awarding contracts.
3. A qualified service company selected by a using agency pursuant to subsection 2 shall prepare a financial-grade operational audit, which must include, without limitation:
(a) A detailed explanation of the operating cost savings that will result from the performance contract; and
(b) A comparison of the costs of implementing the operating cost-savings measures to the operating cost savings that are anticipated as a result of the performance contract.
4. Except as otherwise provided in this subsection, the financial-grade operational audit prepared by the qualified service company pursuant to subsection 3 becomes, upon acceptance, a part of the final performance contract and the costs incurred by the qualified service company in preparing the financial-grade operational audit shall be deemed to be part of the performance contract. If, after the financial-grade operational audit is prepared, the using agency decides not to execute the performance contract, the using agency shall pay the qualified service company that prepared the financial-grade operational audit the costs incurred by the qualified service company in preparing the financial-grade operational audit, if the Legislature has specifically appropriated money for that purpose. An appropriation by the Legislature for the purchase and installation of an operating cost-savings measure creates no presumption that the using agency for which the money was appropriated is required to enter into such a performance contract.

Legislative History

(Added to NRS by 2005, 2895 )