1. The Administrator shall review and revise the specifications for procuring goods and products for the using agencies to eliminate discrimination against the procurement or purchase of recycled products whenever the quality of a recycled product is reasonably equal to the same product manufactured with virgin resources. Except for specifications which have been established to preserve the public health and safety, all specifications for procurement must be established in a manner which results in the maximum procurement and purchase of recycled products.

2. When purchasing goods and products for the using agencies, the Administrator shall give preference to recycled products if:

(a) The product meets the applicable standards;

(b) The product can be substituted for a comparable nonrecycled product; and

(c) The product costs no more than a comparable nonrecycled product.

3. When purchasing goods and products for the using agencies, the Administrator may give preference to recycled products if:

(a) The product meets the applicable standards;

(b) The product can be substituted for a comparable nonrecycled product; and

(c) The product costs no more than 5 percent more than a comparable nonrecycled product.

4. To encourage the use of postconsumer waste, a bidder who manufactures a product in Nevada that contains postconsumer waste shall be deemed to be the lowest bidder if:

(a) At least 50 percent of the product, by weight, contains postconsumer waste;

(b) The product complies with the applicable standards; and

(c) The amount of the bid is not more than 10 percent higher than the bid of any other bidder.

5. A bidder whose product contains postconsumer waste shall certify in writing:

(a) That the product contains postconsumer waste; and

(b) The percentage of postconsumer waste, by weight, that is contained in the product.

(Added to NRS by 1991, 1674)