1. A using agency that selects a qualified service company pursuant to NRS 333A.082 shall retain the professional services of a third-party consultant to work on behalf of the using agency in coordination with the qualified service company.
2. A third-party consultant retained pursuant to subsection 1 must be certified by the Association of Energy Engineers as a "Certified Energy Manager" or hold similar credentials from a comparable nationally recognized organization.
3. The duties of a third-party consultant retained pursuant to subsection 1 may include, without limitation:
(a) Assisting the using agency in reviewing the operating cost-savings measures proposed by the qualified service company;
(b) Overseeing the construction of the operating cost-savings measures; and
(c) Monitoring the operating cost savings after the construction of the operating cost-savings measures is completed.
4. The Purchasing Division of the Department of Administration may procure sufficient funding from the qualified service company, through negotiation, to pay for the third-party consultant out of the proceeds relating to the performance contract. A qualified service company shall not pay a third-party consultant directly for the work described in subsection 3.
5. A third-party consultant retained pursuant to subsection 1 may recommend that the using agency not execute the performance contract. If the using agency does not execute the performance contract, the using agency shall pay the third-party consultant a prenegotiated fee based on the work completed by the third-party consultant.
(Added to NRS by 2005, 2897)
Structure Nevada Revised Statutes
Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures
NRS 333A.005 - Legislative declaration.
NRS 333A.015 - "Board" defined.
NRS 333A.020 - Building" defined.
NRS 333A.030 - Operating cost savings" defined.
NRS 333A.040 - Operating cost-savings measure" defined.
NRS 333A.050 - Performance contract" defined.
NRS 333A.060 - Qualified service company" defined.
NRS 333A.070 - "Using agency" defined.
NRS 333A.084 - Requirements for comprehensive audits.
NRS 333A.086 - Third-party consultants.
NRS 333A.0906 - Refunding of obligations: Resolution; purposes.
NRS 333A.0912 - Issuance of refunding and other obligations separately or in combination.
NRS 333A.0914 - Other statutory provisions applicable to refunding obligations.
NRS 333A.0916 - Conditions for refunding obligations.
NRS 333A.0918 - Conclusive determination of using agency that statutory limitations have been met.
NRS 333A.092 - Recital in resolution as conclusive evidence of validity of obligation.
NRS 333A.100 - Indebtedness of State under contract; term of contracts.
NRS 333A.110 - Period over which payments become due.
NRS 333A.120 - Prevailing wage requirement.
NRS 333A.130 - Monitoring of cost savings attributable to operating cost-savings measures.
NRS 333A.140 - Information concerning performance contract provided to Office of Energy.
NRS 333A.150 - Financial mechanisms to guarantee operational cost savings are realized.