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Board hears procurement rules: NRS 333.335 governs RFP confidentiality; staff typically handles evaluations
Summary
Treasurer’s staff briefed trustees that Nevada purchasing laws require confidentiality for proposals under evaluation (NRS 333.335) and that most boards delegate procurement evaluation to staff; the board can opt to review RFP scope or the awarded contract publicly but should not perform confidential evaluations as a full board.
Staff reviewed procurement law and best practice for the board’s planned RFP for a Nevada-specific program. Deputy Mohlenkamp told trustees that state purchasing confirmed confidentiality rules under state law apply to the Nevada Employee Savings Trust and cited NRS 333.335 as governing procedures for RFP evaluations.
Mohlenkamp said that, for most state boards, the full board does not directly evaluate or score proposals while they are under review; instead, staff or a delegated evaluation committee compiles vendor responses and recommendations for the board to consider in public. "A board can choose to review and approve parts of a proposed solicitation in a public meeting…or review the awarded contract at a public meeting prior to submitting it to the Board of Examiners for final approval," staff said.
Deputy Attorney General Nicole N. Ting cautioned that outreach or different procurement steps that would materially alter the competitive process should be agendized for legal review in advance. The board directed staff to return with state comparison data and procurement guidance and to present RFI responses alongside RFP options at the November meeting.
