1. Except as otherwise provided in this section, a using agency shall not enter into a contract with a person to provide services for the using agency if:
(a) The person is a current employee of an agency of this State;
(b) The person is a former employee of an agency of this State and less than 2 years have expired since the termination of the person’s employment with the State; or
(c) The person is employed by the Department of Transportation for a transportation project that is entirely funded by federal money and the term of the contract is for more than 4 years,
unless the using agency submits a written disclosure to the State Board of Examiners indicating the services to be provided pursuant to the contract and the person who will be providing those services and, after reviewing the disclosure, the State Board of Examiners approves entering into a contract with the person. The requirements of this subsection apply to any person employed by a business or other entity that enters into a contract to provide services for a using agency if the person will be performing or producing the services for which the business or entity is employed.
2. The provisions of paragraph (b) of subsection 1 apply to employment through a temporary employment service. A temporary employment service providing employees for a using agency shall provide the using agency with the names of the employees to be provided to the agency. The State Board of Examiners shall not approve a contract pursuant to paragraph (b) of subsection 1 unless the Board determines that one or more of the following circumstances exist:
(a) The person provides services that are not provided by any other employee of the using agency or for which a critical labor shortage exists; or
(b) A short-term need or unusual economic circumstance exists for the using agency to contract with the person.
3. The approval by the State Board of Examiners to contract with a person pursuant to subsection 1:
(a) May occur at the same time and in the same manner as the approval by the State Board of Examiners of a proposed contract pursuant to subsection 7 of NRS 333.700; and
(b) Must occur before the date on which the contract becomes binding on the using agency.
4. A using agency may contract with a person pursuant to paragraph (a) or (b) of subsection 1 without obtaining the approval of the State Board of Examiners if the term of the contract is for less than 4 months and the head of the using agency determines that an emergency exists which necessitates the contract. If a using agency contracts with a person pursuant to this subsection, the using agency shall submit a copy of the contract and a description of the emergency to the State Board of Examiners, which shall review the contract and the description of the emergency and notify the using agency whether the State Board of Examiners would have approved the contract if it had not been entered into pursuant to this subsection.
5. Except as otherwise provided in subsection 9, a using agency shall, not later than 10 days after the end of each fiscal quarter, report to the Interim Finance Committee concerning all contracts to provide services for the using agency that were entered into by the using agency during the fiscal quarter with a person who is a current or former employee of a department, division or other agency of this State.
6. Except as otherwise provided in subsection 9, a using agency shall not contract with a temporary employment service unless the contracting process is controlled by rules of open competitive bidding.
7. Each board or commission of this State and each institution of the Nevada System of Higher Education that employs a consultant shall, at least once every 6 months, submit to the Interim Finance Committee a report setting forth:
(a) The number of consultants employed by the board, commission or institution;
(b) The purpose for which the board, commission or institution employs each consultant;
(c) The amount of money or other remuneration received by each consultant from the board, commission or institution; and
(d) The length of time each consultant has been employed by the board, commission or institution.
8. A using agency, board or commission of this State and each institution of the Nevada System of Higher Education:
(a) Shall make every effort to limit the number of contracts it enters into with persons to provide services which have a term of more than 2 years and which are in the amount of less than $1,000,000; and
(b) Shall not enter into a contract with a person to provide services without ensuring that the person is in active and good standing with the Secretary of State.
9. The provisions of subsections 1 to 6, inclusive, do not apply to:
(a) The Nevada System of Higher Education or a board or commission of this State.
(b) The employment of professional engineers by the Department of Transportation if those engineers are employed for a transportation project that is entirely funded by federal money.
(c) Contracts in the amount of $1,000,000 or more entered into:
(1) Pursuant to the State Plan for Medicaid established pursuant to NRS 422.063.
(2) For financial services.
(3) Pursuant to the Public Employees’ Benefits Program.
(d) The employment of a person by a business or entity which is a provider of services under the State Plan for Medicaid and which provides such services on a fee-for-service basis or through managed care.
(e) The employment of a former employee of an agency of this State who is not receiving retirement benefits under the Public Employees’ Retirement System during the duration of the contract.
(Added to NRS by 2013, 47; A 2017, 585)
1. Except as otherwise provided in this section, a using agency shall not enter into a contract with a person to provide services for the using agency if:
(a) The person is a current employee of an agency of this State;
(b) The person is a former employee of an agency of this State and less than 2 years have expired since the termination of the person’s employment with the State; or
(c) The person is employed by the Department of Transportation for a transportation project that is entirely funded by federal money and the term of the contract is for more than 4 years,
unless the using agency submits a written disclosure to the State Board of Examiners indicating the services to be provided pursuant to the contract and the person who will be providing those services and, after reviewing the disclosure, the State Board of Examiners approves entering into a contract with the person. The requirements of this subsection apply to any person employed by a business or other entity that enters into a contract to provide services for a using agency if the person will be performing or producing the services for which the business or entity is employed.
2. The provisions of paragraph (b) of subsection 1 apply to employment through a temporary employment service. A temporary employment service providing employees for a using agency shall provide the using agency with the names of the employees to be provided to the agency. The State Board of Examiners shall not approve a contract pursuant to paragraph (b) of subsection 1 unless the Board determines that one or more of the following circumstances exist:
(a) The person provides services that are not provided by any other employee of the using agency or for which a critical labor shortage exists; or
(b) A short-term need or unusual economic circumstance exists for the using agency to contract with the person.
3. The approval by the State Board of Examiners to contract with a person pursuant to subsection 1:
(a) May occur at the same time and in the same manner as the approval by the State Board of Examiners of a proposed contract pursuant to subsection 7 of NRS 333.700; and
(b) Must occur before the date on which the contract becomes binding on the using agency.
4. A using agency may contract with a person pursuant to paragraph (a) or (b) of subsection 1 without obtaining the approval of the State Board of Examiners if the term of the contract is for less than 4 months and the head of the using agency determines that an emergency exists which necessitates the contract. If a using agency contracts with a person pursuant to this subsection, the using agency shall submit a copy of the contract and a description of the emergency to the State Board of Examiners, which shall review the contract and the description of the emergency and notify the using agency whether the State Board of Examiners would have approved the contract if it had not been entered into pursuant to this subsection.
5. Except as otherwise provided in subsection 9, a using agency shall, not later than 10 days after the end of each fiscal quarter, report to the Interim Finance Committee concerning all contracts to provide services for the using agency that were entered into by the using agency during the fiscal quarter with a person who is a current or former employee of a department, division or other agency of this State.
6. Except as otherwise provided in subsection 9, a using agency shall not contract with a temporary employment service unless the contracting process is controlled by rules of open competitive bidding.
7. Each board or commission of this State and each institution of the Nevada System of Higher Education that employs a consultant shall, at least once every 6 months, submit to the Interim Finance Committee a report setting forth:
(a) The number of consultants employed by the board, commission or institution;
(b) The purpose for which the board, commission or institution employs each consultant;
(c) The amount of money or other remuneration received by each consultant from the board, commission or institution; and
(d) The length of time each consultant has been employed by the board, commission or institution.
8. A using agency, board or commission of this State and each institution of the Nevada System of Higher Education:
(a) Shall make every effort to limit the number of contracts it enters into with persons to provide services which have a term of more than 2 years and which are in the amount of less than $1,000,000; and
(b) Shall not enter into a contract with a person to provide services without ensuring that the person is in active and good standing with the Secretary of State.
9. The provisions of subsections 1 to 6, inclusive, do not apply to:
(a) The Nevada System of Higher Education or a board or commission of this State.
(b) The employment of professional engineers by the Department of Transportation if those engineers are employed for a transportation project that is entirely funded by federal money.
(c) Contracts in the amount of $1,000,000 or more entered into:
(1) Pursuant to the State Plan for Medicaid established pursuant to NRS 422.063.
(2) For financial services.
(3) Pursuant to the Public Employees’ Benefits Program.
(4) Pursuant to the Public Option established pursuant to NRS 695K.200.
(d) The employment of a person by a business or entity which is a provider of services under the State Plan for Medicaid and which provides such services on a fee-for-service basis or through managed care.
(e) The employment of a former employee of an agency of this State who is not receiving retirement benefits under the Public Employees’ Retirement System during the duration of the contract.
(Added to NRS by 2013, 47; A 2017, 585; 2021, 3634, effective January 1, 2026)
Structure Nevada Revised Statutes
Chapter 333 - Purchasing: State
NRS 333.030 - Administration of chapter.
NRS 333.060 - Qualifications of Administrator of Purchasing Division.
NRS 333.100 - Assistants: Number; qualifications.
NRS 333.110 - Offices of Purchasing Division.
NRS 333.120 - State Purchasing Fund: Creation; amount; use.
NRS 333.125 - Temporary transfers from State General Fund to State Purchasing Fund.
NRS 333.135 - Regulations establishing procedures for awarding contracts.
NRS 333.140 - Policy of securing best value.
NRS 333.150 - Purchases or contracts for rental or lease for using agencies.
NRS 333.160 - Methods of supplying needs of using agencies.
NRS 333.162 - Methods of obtaining a contract; regulations.
NRS 333.195 - Donation of certain supplies, materials and equipment to certain organizations.
NRS 333.200 - Inventory of supplies and materials stored centrally: Duties; records.
NRS 333.210 - Standards and specifications.
NRS 333.230 - Central supply services.
NRS 333.250 - Classification of commodities; schedules of purchases by classes.
NRS 333.260 - Estimates of requirements.
NRS 333.280 - Contract for furnishing supplies, materials and equipment: Period and form; extension.
NRS 333.310 - Advertisements for bids or proposals: Contents and publication.
NRS 333.313 - On-line bidding.
NRS 333.320 - Specification for bids for supplying state institutions: Requirements.
NRS 333.333 - Proprietary information regarding trade secret: Confidentiality; disclosure.
NRS 333.3351 - Preference for bid or proposal submitted by Nevada-based business: Definitions.
NRS 333.3356 - Preference for bid or proposal submitted by Nevada-based business: Regulations.
NRS 333.337 - Duties of persons authorized to enter into contracts pursuant to this chapter.
NRS 333.339 - Prohibition against entering or renewing certain contracts.
NRS 333.365 - Breach of contract: Penalties.
NRS 333.370 - Appeal by person making unsuccessful bid or proposal.
NRS 333.372 - Regulations concerning forms of security to be submitted with notice of appeal.
NRS 333.400 - Purchase of commodities out of schedule: Quotations to be obtained; exceptions.
NRS 333.410 - Quotations to be secured from state institutions; preference to products.
NRS 333.430 - Cooperation of two or more departments in securing supplies: Distribution of expense.
NRS 333.460 - Payment by using agency by transfer or warrant.
NRS 333.700 - Definition; contracts for services; regulations.
NRS 333.800 - Prohibited acts by bidders before award of contract; penalty.