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

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

1. The Purchasing Division of the Department of Administration shall work directly

with any using agency interested in entering into a performance contract, using the

list of qualified service companies compiled by the State Public Works Division of

the Department of Administration pursuant to NRS 333A.080 . The Purchasing Division, in conjunction with the using agency, shall ensure that

each appropriate qualified service company is notified of the using agency's interest

in entering into a performance contract and coordinate an opportunity for each such

qualified service company to: (a) Visit the site pertaining to which the using agency wishes to enter into a performance

contract; (b) Perform a comprehensive audit in the manner prescribed in NRS 333A.084 ; and (c) Submit a proposal, including, without limitation, the comprehensive audit, and

make a related presentation to the using agency for all operating cost-savings measures

that the qualified service company determines would be practicable to implement. 2. The using agency shall: (a) Evaluate the proposals and presentations made pursuant to subsection 1; (b) Evaluate the financial stability of the qualified service companies that made

proposals and presentations pursuant to subsection 1 based on the financial statements

and ratings of the qualified service companies; and (c) Select a qualified service company, pursuant to the provisions of this chapter and any regulations adopted pursuant thereto,

for evaluating and awarding contracts. 3. A qualified service company selected by a using agency pursuant to subsection 2

shall prepare a financial-grade operational audit, which must include, without limitation: (a) A detailed explanation of the operating cost savings that will result from the

performance contract; and (b) A comparison of the costs of implementing the operating cost-savings measures

to the operating cost savings that are anticipated as a result of the performance

contract. 4. Except as otherwise provided in this subsection, the financial-grade operational

audit prepared by the qualified service company pursuant to subsection 3 becomes,

upon acceptance, a part of the final performance contract and the costs incurred by

the qualified service company in preparing the financial-grade operational audit shall

be deemed to be part of the performance contract. If, after the financial-grade operational audit is prepared, the using agency decides

not to execute the performance contract, the using agency shall pay the qualified

service company that prepared the financial-grade operational audit the costs incurred

by the qualified service company in preparing the financial-grade operational audit,

if the Legislature has specifically appropriated money for that purpose. An appropriation by the Legislature for the purchase and installation of an operating

cost-savings measure creates no presumption that the using agency for which the money

was appropriated is required to enter into such a performance contract.