81-153 Materiel division; powers and duties; enumerated. - Nebraska Statutes

81-153. Materiel division; powers and duties; enumerated.The materiel division shall have the power and duty to:(1) Purchase or contract for, in the name of the state, the personal property required by the using agencies and the state;(2) Promulgate, apply, and enforce standard specifications established as provided in section 81-154;(3) Sell and dispose of personal property that is not needed by the state or its using agencies as provided in section 81-161.04 or initiate trade-ins when determined to be in the best interest of the state;(4) Determine the utility, quality, fitness, and suitability of all personal property tendered or furnished;(5) Make rules and regulations consistent with sections 81-145 to 81-171 and 81-1118 to 81-1118.06 to carry into effect the provisions thereof. Such rules and regulations shall include provisions for modifying and terminating purchase contracts and the cost principles to be used in such modification or termination;(6) Employ such clerical, technical, and other assistants as may be necessary to properly administer such sections, fix their compensation, and prescribe their duties in connection therewith, subject to existing laws and appropriations;(7) Allow the purchase of items without competitive bidding when the price has been established by the federal General Services Administration or to allow the purchase of items by participation in a contract competitively bid by another state or group of states. The division may also give consideration to a sheltered workshop pursuant to section 48-1503 in making such purchases;(8) Enter into any personal property lease agreement when it appears to be in the best interest of the state; and(9) Negotiate purchases and contracts when conditions exist to defeat the purpose and principles of public competitive bidding. SourceLaws 1943, c. 215, § 9, p. 706; R.S.1943, § 81-153; Laws 1947, c. 310, § 1(1), p. 942; Laws 1955, c. 231, § 16, p. 725; Laws 1957, c. 368, § 3, p. 1295; Laws 1963, c. 508, § 6, p. 1617; Laws 1974, LB 1054, § 31; Laws 1975, LB 359, § 5; Laws 1975, LB 447, § 3; Laws 1981, LB 381, § 2; Laws 1984, LB 540, § 12; Laws 1992, LB 1241, § 14; Laws 2000, LB 654, § 9; Laws 2001, LB 96, § 1. Cross ReferencesSurplus property of United States, duties of Department of Correctional Services, see section 81-909. AnnotationsThese sections held not applicable to the Board of Regents which cannot delegate its constitutional powers and duties to other officers or agencies. Board of Regents v. Exon, 199 Neb. 146, 256 N.W.2d 330 (1977).