Nevada Revised Statutes 332.810 – Prohibited acts by responding offerors before award of contract; penalty
1. Before a contract is awarded, a responding offeror or an officer, employee, representative, agent or consultant of such a person shall not:
Attorney's Note
Under the Nevada Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| gross misdemeanor | up to 364 days | up to $2,000 |
Terms Used In Nevada Revised Statutes 332.810
- Contract: A legal written agreement that becomes binding when signed.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Evaluator: means an authorized representative, officer, employee, representative, agent, consultant or member of a governing body who has participated in:
(a) The evaluation of responses;
(b) Negotiations concerning purchasing by a local government; or
(c) The review or approval of the award, modification or extension of a contract. See Nevada Revised Statutes 332.025
- Governing body: means the board, council, commission or other body in which the general legislative and fiscal powers of the local government are vested. See Nevada Revised Statutes 332.025
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Proprietary information: means :
(a) Any trade secret or confidential business information that is contained in a response submitted to a governing body or its authorized representative on a particular contract; or
(b) Any other trade secret or confidential business information submitted to a governing body or its authorized representative by a responding offeror and designated as proprietary by the governing body or its authorized representative. See Nevada Revised Statutes 332.025
- Responding offeror: means a person who responds to a solicitation made by a governing body or its authorized representative. See Nevada Revised Statutes 332.025
- Solicitation: means a written statement which sets forth the requirements and specifications of a contract to be awarded by:
(a) An invitation to bid;
(b) A request for proposals;
(c) A request for a statement of qualifications;
(d) A request for a quotation; or
(e) Any other accepted method of purchasing that complies with the provisions of this chapter. See Nevada Revised Statutes 332.025
(a) Make an offer or promise of future employment or business opportunity to, or engage in a discussion of future employment or business opportunity with, an evaluator or member of the governing body offering the contract;
(b) Offer, give or promise to offer or give money, a gratuity or any other thing of value to an evaluator or member of the governing body offering the contract; or
(c) Solicit or obtain from an officer, employee or member of the governing body offering the contract:
(1) Any proprietary information regarding the contract; or
(2) Any information regarding a response to a solicitation submitted by another person, unless such information is available to the general public.
2. A person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not less than $2,000 nor more than $50,000, or by both fine and imprisonment.