Nevada § 281A.430 - Contracts in which public officer or employee has interest prohibited; exceptions; request for relief from strict application of certain provisions

§ 281A.430. Contracts in which public officer or employee has interest prohibited; exceptions; request for relief from strict application of certain provisions

1. Except as otherwise provided in this section and NRS 218A.970 and 332.800 , a public officer or employee shall not bid on or enter into a contract between an

agency and any business entity in which the public officer or employee has a significant

pecuniary interest. 2. A member of any board, commission or similar body who is engaged in the profession,

occupation or business regulated by such board, commission or body may, in the ordinary

course of his or her business, bid on or enter into a contract with an agency, except

the board, commission or body on which he or she is a member, if the member has not

taken part in developing the contract plans or specifications and the member will

not be personally involved in opening, considering or accepting offers. 3. A full- or part-time faculty member or employee of the Nevada System of Higher

Education may bid on or enter into a contract with an agency, or may benefit financially

or otherwise from a contract between an agency and a private entity, if the contract

complies with the policies established by the Board of Regents of the University of

Nevada pursuant to NRS 396.255 . 4. Except as otherwise provided in subsection 2, 3 or 5, a public officer or employee

may bid on or enter into a contract with an agency if: (a) The contracting process is controlled by the rules of open competitive bidding

or the rules of open competitive bidding or for a solicitation are not employed as

a result of the applicability of NRS 332.112 or 332.148 ; (b) The sources of supply are limited; (c) The public officer or employee has not taken part in developing the contract plans

or specifications; and (d) The public officer or employee will not be personally involved in opening, considering

or accepting offers. If a public officer who is authorized to bid on or enter into a contract with an agency

pursuant to this subsection is a member of the governing body of the agency, the public

officer, pursuant to the requirements of NRS 281A.420 , shall disclose the public officer's interest in the contract and shall not vote

on or advocate the approval of the contract. 5. A member of a local legislative body shall not, either individually or through

any business entity in which the member has a significant pecuniary interest, sell

goods or services to the local agency governed by his or her local legislative body

unless: (a) The member, or the business entity in which the member has a significant pecuniary

interest, offers the sole source of supply of the goods or services within the territorial

jurisdiction of the local agency governed by his or her local legislative body; (b) The local legislative body includes in the public notice and agenda for the meeting

at which it will consider the purchase of such goods or services a clear and conspicuous

statement that it is considering purchasing such goods or services from one of its

members, or from a business entity in which the member has a significant pecuniary

interest; (c) At the meeting, the member discloses his or her significant pecuniary interest

in the purchase of such goods or services and does not vote upon or advocate the approval

of the matter pursuant to the requirements of NRS 281A.420 ; and (d) The local legislative body approves the purchase of such goods or services in

accordance with all other applicable provisions of law. 6. The Commission may relieve a public officer or employee from the strict application

of the provisions of this section if: (a) The public officer or employee files a request for an advisory opinion from the

Commission pursuant to NRS 281A.675 ; and (b) The Commission determines that such relief is not contrary to: (1) The best interests of the public; (2) The continued ethical integrity of each agency affected by the matter; and (3) The provisions of this chapter. 7. For the purposes of subsection 6, the request for an advisory opinion, the advisory

opinion and all meetings, hearings and proceedings of the Commission in such a matter

are governed by the provisions of NRS 281A.670 to 281A.690 , inclusive.