Chapter 73 — PUBLIC LETTINGS AND CONTRACTS
94 sections in this chapter.
Neb. Rev. Stat. § 73-1001 Act, how cited.
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Sections 73-1001 to 73-1005 shall be known and may be cited as the Secure Drone Purchasing Act.
Neb. Rev. Stat. § 73-1002 Legislative findings and intent.
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The Legislature finds that it is in the interest of Nebraska to ensure its security against espionage, surveillance, and theft of intellectual property by the People's Republic of China and other hostile actors. It is the intent of the Legislature to limit the purchase of unmanne…
Neb. Rev. Stat. § 73-1003 Terms, defined.
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For purposes of the Secure Drone Purchasing Act: (1) Division means the Division of Aeronautics of the Department of Transportation; and (2) The terms unmanned aerial system and drone are synonymous as used in the act and mean a powered, aerial vehicle that: (a) Does not carry a …
Neb. Rev. Stat. § 73-1004 Drone or unmanned aerial system; acquisition by state or political subdivision; use of state funds; requirements; contract or agreement void and unenforceable; electric supplier, exempt; conditions.
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(1) Effective January 1, 2027, no state agency shall purchase or acquire a drone or unmanned aerial system other than those cleared by the division pursuant to section 73-1005. (2) To the extent practicable, political subdivisions shall purchase or acquire only those drones and u…
Neb. Rev. Stat. § 73-1005 List of Secure Drones Authorized for Purchase; create and maintain; contents.
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(1) On or before January 1, 2026, the division, in consultation with the Department of Administrative Services, the Committee on Pacific Conflict, the Nebraska State Patrol, and the Law Enforcement Drone Association or any other organization that creates and implements best pract…
Neb. Rev. Stat. § 73-101 Public lettings; how conducted.
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Whenever the State of Nebraska, or any department or any agency thereof, any county board, county clerk, county highway superintendent, the mayor and city council or commissioner of any municipality, any entity created pursuant to the Interlocal Cooperation Act or the Joint Publi…
Repealed. Laws 2024, LB461, § 53.
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[Repealed or reserved.]
Repealed. Laws 2024, LB461, § 53.
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[Repealed or reserved.]
Neb. Rev. Stat. § 73-102 Fair labor standards; statement of compliance required.
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All governing authorities of the State of Nebraska, and governmental subdivisions thereof, and every person acting as purchasing agent for the State of Nebraska, or any governmental subdivision thereof, shall, in awarding contracts for public works, require all contractors biddin…
Neb. Rev. Stat. § 73-103 Fair labor standards; low bidder; disqualification.
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A showing in a public hearing by interested parties, to the satisfaction of the awarding authority, that any contractor bidding upon public works, and having filed the statement as required by section 73-102, has not complied with fair labor standards in the pursuit of his busine…
Neb. Rev. Stat. § 73-104 Fair labor standards, defined.
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Fair labor standards, as used in sections 73-102 and 73-103 shall be construed to mean such a scale of wages and conditions of employment as are paid and maintained by at least fifty percent of the contractors in the same business or field of endeavor as the contractor filing suc…
Neb. Rev. Stat. § 73-105 Violations; penalties.
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Any officer or person who may be in charge of any such bids prior to the time fixed for the simultaneous opening, who shall open prior to such time, or otherwise disclose to any bidder the contents, amount or other details of any rival bid, shall be guilty of a Class IV misdemean…
Neb. Rev. Stat. § 73-106 School district; construction, remodeling, or repair of building; advertise for bids; applicability.
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(1) Whenever any public school district in the state expends public funds for the construction, remodeling, or repair of any school-owned building or for site improvements, other than those expenditures authorized by section 81-829.51 for emergency expenditures or section 79-10,1…
Neb. Rev. Stat. § 73-107 Resident disabled veteran or business located in designated enterprise zone; preference; contract not in compliance with section; null and void.
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(1) When a state contract is to be awarded to the lowest responsible bidder, a resident disabled veteran or a business located in a designated enterprise zone under the Enterprise Zone Act shall be allowed a preference over any other resident or nonresident bidder if all other fa…
Neb. Rev. Stat. § 73-1101 Act, how cited.
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Sections 73-1101 to 73-1119 shall be known and may be cited as the State Building Construction Alternatives Act.
Neb. Rev. Stat. § 73-1102 Terms, defined.
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For purposes of the State Building Construction Alternatives Act: (1) Alternative technical concept means changes suggested by a qualified, eligible, short-listed design-builder to the basic configurations, project scope, design, or construction criteria of the authorized agency;…
Neb. Rev. Stat. § 73-1103 Act; purpose; applicability.
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(1) Except as otherwise provided in subsection (3) of this section, the purpose of the State Building Construction Alternatives Act is to provide each authorized agency with alternative methods of contracting for state buildings for which the authorized agency has responsibility.…
Neb. Rev. Stat. § 73-1104 Design-build contract or construction manager-general contractor contract; authorized; approval required; procedure.
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(1) An authorized agency, in accordance with the State Building Construction Alternatives Act, may solicit and execute a design-build contract or a construction manager-general contractor contract for state buildings for which the authorized agency has responsibility except as ot…
Neb. Rev. Stat. § 73-1105 Architect or engineer; hiring; requirements.
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An authorized agency shall hire an architect licensed pursuant to the Engineers and Architects Regulation Act or an engineer licensed pursuant to the act to assist the authorized agency with the development of project performance criteria and requests for proposals, with evaluati…
Neb. Rev. Stat. § 73-1106 Contract; guidelines.
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The state building division shall adopt guidelines for entering into a design-build contract or construction manager-general contractor contract. The guidelines shall include the following: (1) Preparation and content of requests for qualifications; (2) Preparation and content of…
Neb. Rev. Stat. § 73-1107 Process for selecting design-builder and entering into contract.
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The process for selecting a design-builder and entering into a design-build contract shall be in accordance with sections 73-1108 to 73-1111.
Neb. Rev. Stat. § 73-1108 Request for qualifications; prequalify design-builders; publication; short list.
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(1) An authorized agency shall prepare a request for qualifications for design-build proposals and shall prequalify design-builders. The request for qualifications shall describe the project in sufficient detail to permit a design-builder to respond. The request for qualification…
Neb. Rev. Stat. § 73-1109 Design-build contract; request for proposals; contents.
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An authorized agency shall prepare a request for proposals for each design-build contract. The request for proposals shall contain, at a minimum, the following elements: (1) The guidelines adopted by the state building division in accordance with section 73-1106. The identificati…
Neb. Rev. Stat. § 73-1110 Stipend.
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An authorized agency shall pay a stipend to qualified design-builders that submit responsive proposals but are not selected. Payment of the stipend shall give the authorized agency ownership of the intellectual property contained in the proposals and alternative technical concept…
Neb. Rev. Stat. § 73-1111 Design-builders; submission of proposals; alternative technical concepts; ranking; negotiation of contract.
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(1) Design-builders shall submit proposals as required by the request for proposals. An authorized agency may meet with individual design-builders prior to the time of submitting the proposal and may have discussions concerning alternative technical concepts. If an alternative te…
Neb. Rev. Stat. § 73-1112 Process for selecting construction manager and entering into contract.
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The process for selecting a construction manager and entering into a construction manager-general contractor contract shall be in accordance with sections 73-1113 to 73-1116.
Neb. Rev. Stat. § 73-1113 Construction manager-general contractor contract; request for qualifications; content; publication; short list.
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(1) An authorized agency shall prepare a request for qualifications for construction manager-general contractor contract proposals and shall prequalify construction managers. The request for qualifications shall describe the project in sufficient detail to permit a construction m…
Neb. Rev. Stat. § 73-1114 Construction manager-general contractor contract; request for proposals; contents.
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The authorized agency shall prepare a request for proposals for each construction manager-general contractor contract. The request for proposals shall contain, at a minimum, the following elements: (1) The guidelines adopted by the state building division in accordance with secti…
Neb. Rev. Stat. § 73-1115 Construction managers; submission of proposals; ranking; negotiation of contract.
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(1) Construction managers shall submit proposals as required by the request for proposals. (2) A proposal may be submitted in paper or electronic format. All proposals shall be sealed and shall not be opened until expiration of the time established for making the proposals as set…
Neb. Rev. Stat. § 73-1116 Construction manager; authorized agency; further negotiations; powers and duties.
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(1) Before the construction manager begins any construction services, the authorized agency shall: (a) Conduct an independent cost estimate for the project; and (b) Conduct contract negotiations with the construction manager to develop a construction manager-general contractor co…
Neb. Rev. Stat. § 73-1117 Contracts; changes authorized.
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A design-build contract and a construction manager-general contractor contract may be conditioned upon later refinements in scope and price and may permit an authorized agency in agreement with the design-builder or construction manager to make changes in the project without inva…
Neb. Rev. Stat. § 73-1118 Insurance requirements.
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Nothing in the State Building Construction Alternatives Act shall limit or reduce statutory or regulatory requirements regarding insurance.
Neb. Rev. Stat. § 73-1119 Rules and regulations.
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The state building division may adopt and promulgate rules and regulations to carry out the State Building Construction Alternatives Act.
Neb. Rev. Stat. § 73-1201 Service Contract Reporting Act, how cited.
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Sections 73-1201 to 73-1205 shall be known and may be cited as the Service Contract Reporting Act.
Neb. Rev. Stat. § 73-1202 Terms, defined.
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For purposes of the Service Contract Reporting Act: (1) City means a city of the metropolitan class; (2) County means a county in this state with a population of more than five hundred thousand inhabitants as determined by the most recent federal decennial census; (3) Division me…
Neb. Rev. Stat. § 73-1203 City, county, and state agency; report; contents.
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On or before March 1, 2028, and on or before March 1 of each year thereafter, each city, county, and state agency shall submit a report to the division containing the following information: (1) The name and address of each individual or entity that was awarded a service contract …
Neb. Rev. Stat. § 73-1204 Materiel division; comprehensive report; duties.
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On or before April 1, 2028, and on or before April 1 of each year thereafter, the division shall compile the information reported under section 73-1203 and shall electronically submit a comprehensive report regarding such information to the Governor, the Clerk of the Legislature,…
Neb. Rev. Stat. § 73-1205 City or county; failure to submit report; penalty.
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If any city or county fails to submit an annual report to the division as required under section 73-1203, the division shall send notification of the noncompliance to the governing body of the relevant city or county and to the State Treasurer. The State Treasurer shall then susp…
Neb. Rev. Stat. § 73-201 Legislative findings.
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The Legislature finds that: (1) Article IV, section 6, of the Constitution of Nebraska requires that the affairs of the state be economically and efficiently administered and thereby imposes a duty to expend no more for any service than it is worth; (2) The types and provisions o…
Neb. Rev. Stat. § 73-202 Terms, defined.
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For purposes of sections 73-201 to 73-204: (1) Contingent fee means any fee, whether commission, percentage, brokerage, finder's fee, or contingent fee or otherwise denominated, which is a percentage or portion of the amount or value recovered, obtained, or involved; (2) Continge…
Neb. Rev. Stat. § 73-203 Contingent fee contract; executed by state; void; exception.
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Any contingent fee contract of any kind whatsoever reasonably anticipated to result in the payment of a contingent fee or fees in excess of twenty-five thousand dollars per annum executed by the state or by any person on behalf of the state after September 9, 1995, is void unless…
Neb. Rev. Stat. § 73-204 Contingent fee contract; executed by constitutional agency; void; exception.
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Any contingent fee contract of any kind whatsoever reasonably anticipated to result in the payment of a contingent fee or fees in excess of twenty-five thousand dollars per annum executed by (1) the University of Nebraska, (2) the Nebraska state colleges, or (3) any other board, …
Neb. Rev. Stat. § 73-205 Technology access clause; requirements.
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(1) The Commission for the Blind and Visually Impaired, the Nebraska Information Technology Commission, and the Chief Information Officer, in consultation with other state agencies and after at least one public hearing, shall develop a technology access clause to be included in a…
Neb. Rev. Stat. § 73-301 Director of Administrative Services; duties.
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The Director of Administrative Services shall review and approve or disapprove any contract for personal services between a private entity and any state agency, other than (1) the University of Nebraska, (2) the Nebraska state colleges, and (3) any other board, commission, or age…
Neb. Rev. Stat. § 73-302 State agency; duties.
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(1) A state agency that seeks to enter into a contract described in section 73-301 with a private entity shall submit the following information to the Director of Administrative Services: (a) The proposed contract, (b) a review of the long-term actual cost savings, (c) the measur…
Neb. Rev. Stat. § 73-303 State agency; displaced state employees; plan of assistance.
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A state agency that seeks to enter into a contract described in section 73-301 shall also submit to the Director of Administrative Services a formal plan of assistance to the state employees of such state agency who will be displaced by such contract. The plan shall include, but …
Neb. Rev. Stat. § 73-304 Director of Administrative Services; approve contract; when.
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The Director of Administrative Services may approve a proposed contract if: (1) The potential economic advantage of contracting is not outweighed by the public's interest in having the particular services performed directly by the state agency; (2) The contract does not adversely…
Neb. Rev. Stat. § 73-305 Director of Administrative Services; report required.
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The Director of Administrative Services shall, within forty-five days after receipt of the information described in sections 73-302 and 73-303 from the state agency, prepare a report detailing why the proposed contract was approved or disapproved. The report shall be delivered el…
Neb. Rev. Stat. § 73-306 Rules and regulations.
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The Department of Administrative Services shall adopt and promulgate rules and regulations to carry out sections 73-301 to 73-305. Such rules and regulations shall apply to the Director of Administrative Services in carrying out his or her duties pursuant to such sections.
Neb. Rev. Stat. § 73-307 Sections; applicability; how construed.
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Sections 73-301 to 73-306 shall not apply to the Nebraska Consultants' Competitive Negotiation Act, the State Building Construction Alternatives Act, the State Park System Construction Alternatives Act, sections 39-2808 to 39-2823, or section 57-1503. Sections 73-301 to 73-306 sh…