Nevada § 333.705 - Contracts for services: Limitations and requirements; approval by State Board of Examiners; emergencies; reports to Interim Finance Committee; exceptions

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.