Chapter 73 — PUBLIC LETTINGS AND CONTRACTS
94 sections in this chapter.
Neb. Rev. Stat. § 73-401 Contract with state agency; Public Counsel; jurisdiction.
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Except for long-term care facilities subject to the jurisdiction of the state long-term care ombudsman pursuant to the Long-Term Care Ombudsman Act, the contracting agency shall ensure that any contract which a state agency enters into or renews which agrees that a corporation, p…
Transferred to section 73-802.
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[Repealed or reserved.]
Transferred to section 73-803.
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[Repealed or reserved.]
Transferred to section 73-806.
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[Repealed or reserved.]
Transferred to section 73-807.
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[Repealed or reserved.]
Transferred to section 73-805.
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[Repealed or reserved.]
Transferred to section 73-812.
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[Repealed or reserved.]
Transferred to section 73-813.
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[Repealed or reserved.]
Transferred to section 73-815.
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[Repealed or reserved.]
Transferred to section 73-816.
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[Repealed or reserved.]
Transferred to section 73-817.
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[Repealed or reserved.]
Neb. Rev. Stat. § 73-601 Act, how cited.
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Sections 73-601 to 73-605 shall be known and may be cited as the Transparency in Government Procurement Act.
Neb. Rev. Stat. § 73-602 Legislative findings and declaration.
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(1) The Legislature finds that: (a) Transparency in public procurement is an important tool to deter corruption and to maintain the public's trust in government contracting; (b) Taxpayers deserve to know how and where their tax dollars are being spent; (c) The economy and general…
Neb. Rev. Stat. § 73-603 Department of Administrative Services; report; contents.
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(1) The Department of Administrative Services shall create an annual report that includes: (a) The total number and value of contracts awarded by the department; (b) The total number and value of contracts awarded by the department to contractors within this state; and (c) The to…
Neb. Rev. Stat. § 73-604 Certain contracts; contractor; provide information.
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Beginning on July 1, 2014, each contract awarded by the Department of Administrative Services shall require that the contractors provide to the department any and all information needed for compliance with section 73-603.
Neb. Rev. Stat. § 73-605 Act; applicability.
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The Transparency in Government Procurement Act applies only to contracts awarded by the Department of Administrative Services on and after July 1, 2014, and does not apply to the Office of the Nebraska Capitol Commission.
Repealed. Laws 2024, LB461, § 53.
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[Repealed or reserved.]
Neb. Rev. Stat. § 73-801 Act, how cited.
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Sections 73-801 to 73-819 shall be known and may be cited as the State Procurement Act.
Neb. Rev. Stat. § 73-802 Purposes of act.
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The purposes of the State Procurement Act are to establish a standardized, open, and fair process for selection of contracts and to create an accurate reporting of expended funds for such contracts. This process shall promote a standardized method of selection for state contracts…
Neb. Rev. Stat. § 73-803 Terms, defined.
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For purposes of the State Procurement Act: (1) Contract includes any contract for services and contract for personal property; (2) Contract for personal property means any contract entered into by the state with another party for a stated consideration, which provides that the st…
Neb. Rev. Stat. § 73-804 Materiel division; powers and duties.
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The division shall: (1) Establish by rules and regulations a process for resolving complaints from both vendors and state agencies; (2) Maintain a record and written justification of purchases as follows: (a) A list of and explanation for emergency purchases; (b) A list of open m…
Neb. Rev. Stat. § 73-805 State agency directors; duties.
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State agency directors shall be responsible for maintaining accurate documentation of the process used for selection of all contracts and for ensuring and documenting that services and personal property required under the contract are being performed or provided in compliance wit…
Neb. Rev. Stat. § 73-806 Documentation; requirements.
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(1) All state agencies shall process and document all contracts through the state accounting system. The Director of Administrative Services shall specify the format and type of information for state agencies to provide and approve any alternatives to such formats. All state agen…
Neb. Rev. Stat. § 73-807 Competitive bidding requirements.
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Except as provided in section 73-813: (1) All state agencies shall comply with the review and competitive bidding processes provided in this section. Unless otherwise exempt, no state agency shall expend funds for contracts without complying with this section; (2) All proposed st…
Neb. Rev. Stat. § 73-808 Competitive bids; award to responsible bidders; considerations; responsibility; elements considered; energy star certified appliances.
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(1) All contracts which by law are required to be based on competitive bids shall be made only to responsible bidders, taking into consideration, as applicable: (a) The best interests of the state; (b) The quality or performance of the personal property or services proposed to be…
Neb. Rev. Stat. § 73-809 Competitive bids; time requirements; waiver; solicitation; form.
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(1) A minimum of fifteen days shall elapse between the time formal bids are advertised and the time of their opening, except that this requirement may be waived by the materiel administrator upon a showing by the state agency of an emergency, sole or specialized source, or other …
Neb. Rev. Stat. § 73-810 Competitive bids; rejection; grounds.
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(1) For the purposes of this section: (a) Realistic price means a price at which the goods or services can actually and sufficiently be provided in accordance with the awarded contract and price bid; and (b) Reasonable price means the price of the goods or services is fair compen…
Neb. Rev. Stat. § 73-811 Personal property; form of contract.
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A contract for personal property may be made in any of the following forms: (1) For the furnishing of specific personal property at specific prices; (2) For the furnishing of personal property, according to the specifications, at a fixed rate for a minimum quantity, subject to fu…
Neb. Rev. Stat. § 73-812 State agency contracts; requirements.
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State agency contracts shall be subject to the following requirements: (1) Payments shall be made when contractual deliverables are received or in accordance with specific contractual terms and conditions; (2) State agencies shall not enter into contracts with an unspecified or u…
Neb. Rev. Stat. § 73-813 Bidding requirements; exceptions.
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(1) Subject to review by the Director of Administrative Services, the division shall provide procedures to grant limited exceptions from sections 73-807, 73-815, and 73-816 for: (a) Sole source contracts, emergency contracts, and contracts when the price has been established by t…
Neb. Rev. Stat. § 73-814 Direct contracts; approval required, when; report required; criteria; Department of Correctional Services; purchases authorized.
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(1) The division may, by written order, permit contracts to be made by any state agency directly with the vendor or supplier whenever it appears to the satisfaction of the division that, because of the unique nature of the personal property, the price in connection therewith, the…
Neb. Rev. Stat. § 73-815 Preapproval; required; when; copies for director and Auditor of Public Accounts.
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Except as provided in section 73-813, all proposals for sole source contracts for services in excess of fifty thousand dollars shall be preapproved by the division except in emergencies. In case of an emergency, contract approval by the state agency director or his or her designe…
Neb. Rev. Stat. § 73-816 Pre-process; required; when; procedure.
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Each proposed contract for services in excess of fifty thousand dollars which requests services that are now performed or have, within the year immediately preceding the date of the proposed contract, been performed by a state employee covered by the classified personnel system o…
Neb. Rev. Stat. § 73-817 New proposed contract for services in excess of fifteen million dollars; proof-of-need analysis; information required; cost savings; analysis.
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(1) A state agency shall not enter into a new proposed contract for services in excess of fifteen million dollars unless the state agency has conducted, prior to the advertisement for bids or the execution of the contract when section 73-813 applies, a proof-of-need analysis desc…
Neb. Rev. Stat. § 73-818 Materiel division; University of Nebraska; purchase agreements.
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The division shall make available copies of current purchase agreements and standard specifications to the University of Nebraska. The University of Nebraska may utilize such purchase agreements if it determines that it would be to its advantage to do so. The division may utilize…
Neb. Rev. Stat. § 73-819 Laboratory tests; fee.
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The fee, required by any state or other laboratory for any analysis or test made by any prospective vendor prior to the award of a contract, shall be paid by such prospective vendor.
Neb. Rev. Stat. § 73-901 Act, how cited.
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Sections 73-901 to 73-908 shall be known and may be cited as the Foreign Adversary Contracting Prohibition Act.
Neb. Rev. Stat. § 73-902 Legislative findings.
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The Legislature finds that: (1) Dealings with commercial entities that are organized under the laws of a foreign adversary or that have their principal place of business within a foreign adversary tend to be less commercially sound because such entities are unusually likely to be…
Neb. Rev. Stat. § 73-903 Terms, defined.
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For purposes of the Foreign Adversary Contracting Prohibition Act: (1) Company means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or busi…
Neb. Rev. Stat. § 73-904 Technology-related product or service; scrutinized company; contract prohibited.
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A scrutinized company shall not bid on, submit a proposal for, or enter into, directly or indirectly through a third party, any contract or contract renewal with any public entity for any technology-related product or service.
Neb. Rev. Stat. § 73-905 Technology-related product or service; certifications required; exception.
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(1) A public entity shall require a company that submits a bid or proposal or enters into any contract or contract renewal with any public entity for any technology-related product or service to certify: (a) That the company is not a scrutinized company; (b) That the company will…
Neb. Rev. Stat. § 73-906 Technology-related product or service; certain contracts prohibited.
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No public entity shall enter into any contract or contract renewal that would result in any state or local government funds being transferred: (1) To a scrutinized company in connection with any technology-related product or service; or (2) To any company in connection with any t…
Neb. Rev. Stat. § 73-907 Violations of act; contract; null and void; liability; action; procedure.
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(1) Any contract entered into in violation of the Foreign Adversary Contracting Prohibition Act shall be null and void. (2) Any scrutinized company that violates section 73-904 or that violates the certification provided pursuant to section 73-905: (a) Shall be liable for a civil…
Neb. Rev. Stat. § 73-908 Goods manufactured by scrutinized company; public entity; contract; conditions.
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Notwithstanding sections 73-904 and 73-906, a public entity may enter into a contract for goods manufactured by a scrutinized company if: (1)(a) There is no other reasonable option for procuring such goods; (b) The contract is preapproved by the Department of Administrative Servi…