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LEGISLATURE OF NEBRASKA
ONE HUNDRED SEVENTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 61
Introduced by Kolterman, 24.
Read first time January 07, 2021
Committee: Government, Military and Veterans Affairs
1 A BILL FOR AN ACT relating to state government; to amend section 73-504,
2 Reissue Revised Statutes of Nebraska; to provide formal protest
3 procedures for certain contracts for services; to provide duties for
4 the Department of Administrative Services; to harmonize provisions;
5 and to repeal the original section.
6 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 73-504, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 73-504 (1) Except as provided in section 73-507:
4 (a) (1) All state agencies shall comply with the review and
5 competitive bidding processes provided in this section for contracts for
6 services. Unless otherwise exempt, no state agency shall expend funds for
7 contracts for services without complying with this subsection section;
8 (b) (2) All proposed state agency contracts for services in excess
9 of fifty thousand dollars shall be bid in the manner prescribed by the
10 division procurement manual or a process approved by the Director of
11 Administrative Services. Bidding may be performed at the state agency
12 level or by the division. Any state agency may request that the division
13 conduct the competitive bidding process;
14 (c) (3) If the bidding process is at the state agency level, then
15 state agency directors shall ensure that bid documents for each contract
16 for services in excess of fifty thousand dollars are prereviewed by the
17 division and that any changes to the proposed contract that differ from
18 the bid documents in the proposed contract for services are reviewed by
19 the division before signature by the parties;
20 (d) (4) State agency directors, in cooperation with the division,
21 shall be responsible for appropriate public notice of an impending
22 contractual services project in excess of fifty thousand dollars in
23 accordance with the division's procurement manual and sections 73-501 to
24 73-510; and
25 (e) (5) State agency directors, in cooperation with the division,
26 shall be responsible for ensuring that a request for contractual services
27 in excess of fifty thousand dollars is filed with the division for
28 dissemination or web site access to vendors interested in competing for
29 contracts for services.
30 (2)(a) The Department of Administrative Services shall immediately
31 adopt and promulgate rules and regulations establishing formal protest
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1 procedures, including procedures for a contested case hearing, for any
2 contract for services in excess of ten million dollars awarded by any
3 state agency pursuant to this section.
4 (b) If a formal protest is filed with the Department of
5 Administrative Services pursuant to subdivision (2)(a) of this section,
6 the department shall proceed with notice and hearing for a contested case
7 pursuant to the Administrative Procedure Act. The hearing shall be held
8 within sixty days after the protest is filed with the department.
9 (c) Any party may appeal the final decision, and the appeal shall be
10 in accordance with the Administrative Procedure Act. An appeal shall only
11 be made after all administrative remedies have been exhausted.
12 (d) The formal protest procedures established under this subsection,
13 and any subsequent review under the Administrative Procedure Act, shall
14 be the sole and exclusive means of protesting or otherwise challenging a
15 contract award decision covered by this subsection.
16 Sec. 2. Original section 73-504, Reissue Revised Statutes of
17 Nebraska, is repealed.
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Statutes affected:
Introduced: 73-504