Nebraska Statutes 73-812. State agency contracts; requirements
State agency contracts shall be subject to the following requirements:
Terms Used In Nebraska Statutes 73-812
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Personal property: All property that is not real property.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Venue: The geographical location in which a case is tried.
(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 unlimited duration, and no contract shall be amended to extend the duration of the contract for a period of more than fifty percent of the initial contract term. Following the adoption of any amendment to extend the contract for a period of fifty percent or less of the initial contract term, no further extensions of the original contract shall be permitted. This subdivision does not prohibit the exercise of any renewal option expressly provided in the original contract;
(3) State agencies shall not structure contracts to avoid any of the requirements of the State Procurement Act;
(4) State agencies shall not enter into contracts in excess of fifteen million dollars unless the state agency has complied with section 73-817 ;
(5) A state agency shall not enter into a contract that purports to:
(a) Obligate the state to indemnify a contracting party from that party’s own errors, omissions, or negligence;
(b) Consent to the jurisdiction of another state for the purposes of court proceedings; or
(c) Consent to venue in another state for the purposes of court proceedings;
(6) The Department of Administrative Services shall be the sole and final authority on contracts for personal property by a state agency. When the approval of the Governor is required, the Governor may confer complete authority upon the Department of Administrative Services in the review and approval for contract proposals;
(7) The Department of Administrative Services may adopt and promulgate rules and regulations to (a) develop and implement purchasing and leasing policies and procedures that ensure economical and efficient operations of state agencies and (b) carry out the State Procurement Act;
(8) State agencies shall use contracts designated by the division for statewide use, unless otherwise permitted by the materiel administrator; and
(9) The Director of Administrative Services shall not issue any warrant for the disbursement of money to pay for any contract that is not approved according to law.