Nevada Revised Statutes
Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures
NRS 333A.086 - Third-party consultants.


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

Nevada Revised Statutes

Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures

NRS 333A.005 - Legislative declaration.

NRS 333A.010 - Definitions.

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.075 - Authority of using agency to enter into performance contract; purpose of performance contract; compliance with applicable building codes.

NRS 333A.080 - Procedure for determination of qualified service companies by State Public Works Division; request for qualifications; adoption of criteria; factors; compilation of list of qualified service companies.

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

NRS 333A.084 - Requirements for comprehensive audits.

NRS 333A.086 - Third-party consultants.

NRS 333A.090 - Financing and structure of performance contract; minimum annual operating cost savings from performance contract; change orders.

NRS 333A.0902 - Installment-purchase and lease-purchase contracts: Security interests; certificates of participation; lease of property; other agreements, contracts or arrangements.

NRS 333A.0904 - Installment-purchase and lease-purchase contracts: Property that is subject of contract is exempt from ad valorem property taxation under certain circumstances and is to be deemed property of State or using agency for purposes of stat...

NRS 333A.0906 - Refunding of obligations: Resolution; purposes.

NRS 333A.0908 - Refunding of obligations: Disposition of proceeds; incidental costs; accrued interest and premium.

NRS 333A.091 - Proceeds of refunding obligations in escrow or trust: Investment; security; sufficient amount; purchaser not responsible for application of proceeds.

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.