Nevada Revised Statutes
Chapter 332 - Purchasing: Local Governments
NRS 332.362 - Duty of board of trustees of school district to adopt policy concerning performance contracts; requirements for policy; annual report.


1. The board of trustees of a school district shall adopt a policy setting forth the process for evaluating whether work to be performed on a building will be performed pursuant to a performance contract. The policy must include, without limitation:
(a) The criteria for determining the work which will be evaluated pursuant to the policy;
(b) The requirement that the board of trustees or its designee evaluate whether the work to be performed:
(1) Consists primarily of one or more operating cost-savings measures;
(2) Qualifies to be performed pursuant to a performance contract with a return on investment that the board of trustees determines would make entering into a performance contract in the best interest of the school district; and
(3) Would be more reasonably included under an existing performance contract rather than a new performance contract; and
(c) The requirement that the board of trustees or its designee, if it determines not to enter into a performance contract, document the reasons for that determination.
2. The board of trustees of a school district shall cause to be prepared an annual report which sets forth the operating cost-savings measures, if any, that:
(a) Were identified in a financial-grade operational audit submitted to the board of trustees pursuant to subsection 5 of NRS 332.360 during the immediately preceding year; and
(b) Were not included in a performance contract during the immediately preceding year.
3. As used in this section, "operating cost-savings measure" means an investment in equipment, products and materials, and strategies for building operation, or any combination thereof, designed to reduce energy and other utility expenses, including, without limitation:
(a) Costs for materials and labor required to replace old equipment with new, more efficient equipment.
(b) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed or coated windows or doors, reductions in glass area, and other modifications to windows and doors that will reduce energy consumption.
(c) Automated or computerized energy control systems.
(d) Replacement of, or modifications to, heating, ventilation or air-conditioning systems.
(e) Replacement of, or modifications to, lighting fixtures.
(f) Improvements to the indoor air quality of a building that conform to all requirements of an applicable building code.
(g) Energy recovery systems.
(h) Systems for combined cooling, heating and power that produce steam or other forms of energy, for use primarily within the building or a complex of buildings.
(i) Installation of, or modifications to, existing systems for daylighting, including lighting control systems.
(j) Installation of, or modification to, technologies that use renewable or alternative energy sources.
(k) Programs relating to building operation that reduce operating costs, including, without limitation, computerized programs, training and other similar activities.
(l) Programs for improvement of steam traps to reduce operating costs.
(m) Devices that reduce water consumption in buildings, for lawns and for other irrigation applications.
(n) Trash compaction and waste minimization.
(o) Ground source systems for heating and cooling.
(Added to NRS by 2013, 2118)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 332 - Purchasing: Local Governments

NRS 332.005 - Short title.

NRS 332.015 - "Local government" defined.

NRS 332.025 - Other terms defined.

NRS 332.027 - Application of chapter to local school precincts.

NRS 332.043 - Solicitation: Required contents.

NRS 332.045 - Advertisement of contract: Publication; contents.

NRS 332.047 - On-line solicitation.

NRS 332.061 - Limitation on disclosure of proprietary information and of solicitation containing provision requiring negotiation or evaluation.

NRS 332.063 - Contracts for which estimated annual amount required to perform is more than $50,000 but not more than $100,000: Solicitation of responses; permissive advertisement; award.

NRS 332.065 - Contracts for which estimated annual amount required to perform is more than $100,000: Advertisement required; permissive solicitation; award; prohibition on entering without certification relating to certain boycotts of Israel.

NRS 332.066 - Contract for which estimated annual amount required to perform is more than $100,000: Preference given to recycled products if method of solicitation is invitation to bid.

NRS 332.068 - Contract for which estimated annual amount required to perform is more than $100,000: Filing and contents of protest of award; posting and disposition of bond or security; stay of action; immunity of governing body from liability to per...

NRS 332.075 - Contract for which estimated annual amount required to perform is more than $100,000: Rejection of response.

NRS 332.091 - Maintenance of records of solicitations and responses.

NRS 332.095 - Assignment of contracts.

NRS 332.105 - Bonds.

NRS 332.112 - Emergency contracts.

NRS 332.115 - Contracts not adapted to award by competitive solicitation; purchase of certain equipment by local law enforcement agency, response agency or other local governmental agency; purchase of goods commonly used by hospital.

NRS 332.117 - Award of certain contracts to nonprofit organization or agency whose primary purpose is training and employment of persons with mental or physical disabilities.

NRS 332.135 - Contracts with carriers; solicitation of informal rate quotations; contracts with Purchasing Division of Department of Administration.

NRS 332.146 - Purchase or acquisition at auction, closeout and bankruptcy sales, sale of merchandise left after exhibition or other similar sale.

NRS 332.148 - Failure to receive responsible responses.

NRS 332.175 - Trade-in allowances for personal property.

NRS 332.185 - Disposal of personal property of local government; donation of surplus personal property by school district; chapter inapplicable to transactions regarding real property.

NRS 332.195 - Entering into contract pursuant to solicitation by other governmental entities or cooperative purchasing organizations; prohibition if contractor’s license required for portion of work to be performed.

NRS 332.201 - Duty of governing body of certain counties to report to Office of Economic Development concerning local emerging small businesses.

NRS 332.215 - Commission to Study Governmental Purchasing: Members; Chair; meetings; duties; biennial report.

NRS 332.221 - Provision of maintenance services for vehicles and purchase of motor vehicle fuel for sale to public agencies or nonprofit corporations that provide transportation to elderly or persons with disabilities; regulations.

NRS 332.223 - Use of facilities of local government by nonprofit corporation that provides ambulance services pursuant to franchise agreement.

NRS 332.225 - Requirements of chapter unaffected by approval by governing body of application for federal grant.

NRS 332.300 - Definitions.

NRS 332.310 - Building" defined.

NRS 332.320 - Operating cost savings" defined.

NRS 332.330 - Operating cost-savings measure" defined.

NRS 332.340 - Performance contract" defined.

NRS 332.350 - Qualified service company" defined.

NRS 332.351 - Qualification as qualified service company; investigation and determination by local governments; confidentiality of certain information.

NRS 332.352 - Criteria for qualification as qualified service company.

NRS 332.353 - Additional circumstance in which person may be deemed qualified service company.

NRS 332.357 - Duty of Office of Energy to provide information and educational resources; authority of Office of Energy to provide support to local government; fees; administration of account for fees; application for and receipt of other money for ac...

NRS 332.360 - Authority of local government to enter into performance contract; purpose of performance contract; operational audits; third-party consultants.

NRS 332.362 - Duty of board of trustees of school district to adopt policy concerning performance contracts; requirements for policy; annual report.

NRS 332.370 - Financing and structure of performance contract.

NRS 332.371 - Requirements for performance contract that guarantees operating cost savings.

NRS 332.380 - Period over which payments become due.

NRS 332.390 - Prevailing wage requirement; duty of qualified service company to furnish bonds before entering into certain performance contracts.

NRS 332.400 - Rights of local government and qualified service company if insufficient money appropriated by local government to make payments.

NRS 332.410 - Use of savings realized throughout term of contract.

NRS 332.420 - Monitoring of cost savings attributable to operating cost-savings measures.

NRS 332.430 - Qualified service company to provide information concerning performance contract to Office of Energy.

NRS 332.431 - Duty of local governments to report to Legislature.

NRS 332.440 - Financial mechanisms to guarantee operational cost savings are realized.

NRS 332.800 - Interest of member of governing body or evaluator in contract prohibited; exception; penalty.

NRS 332.810 - Prohibited acts by responding offerors before award of contract; penalty.

NRS 332.820 - Effect of collusion among responding offerors or advance disclosures of information.

NRS 332.830 - Purchase of information system or system of communication for use by response agency prohibited unless complies with state plan.