1. Each proposal must be evaluated by:

(a) The chief of the using agency, or a committee appointed by the chief of the using agency in accordance with the regulations adopted pursuant to NRS 333.135, if the proposal is for a using agency; or

(b) The Administrator of the Purchasing Division, or a committee appointed by the Administrator in accordance with the regulations adopted pursuant to NRS 333.135, if the Administrator is responsible for administering the proposal.

2. A committee appointed pursuant to subsection 1 must consist of not less than two members. A majority of the members of the committee must be state officers or employees. The committee may include persons who are not state officers or employees and possess expert knowledge or special expertise that the chief of the using agency or the Administrator of the Purchasing Division determines is necessary to evaluate a proposal. If the committee is appointed to evaluate a proposal for the procurement of technology for which the estimated cost is more than $100,000, the committee must include a person designated by the Chief Information Officer of the State appointed pursuant to NRS 223.085 if the Chief Information Officer determines the inclusion of such a person is necessary to evaluate the proposal.

3. Members of a committee appointed pursuant to subsection 1 are not entitled to compensation for their service on the committee, except that members of the committee who are state officers or employees are entitled to receive their salaries as state officers and employees. No member of the committee may have a financial interest in a proposal.

4. In making an award, the chief of the using agency, the Administrator of the Purchasing Division or the committee, if a committee is established, shall consider and assign a score for each factor disclosed in the request for proposals.

5. The chief of the using agency, the Administrator of the Purchasing Division or the committee, if a committee is established, shall determine the relative weight of each factor disclosed in a request for proposals before the request for proposals is advertised.

6. The chief of the using agency, the Administrator of the Purchasing Division or the committee, if a committee is established, shall award the contract based on the total scores assigned pursuant to subsection 4, and is not required to accept the lowest-priced proposal.

7. Except as otherwise provided in NRS 239.0115, each proposal evaluated pursuant to the provisions of this section is confidential and may not be disclosed until the contract is awarded.

(Added to NRS by 1991, 619; A 1999, 1026; 2001, 666; 2003, 1616; 2007, 2088; 2009, 2666; 2011, 907; 2017, 1603, 4109; 2019, 781)