construction, alteration or repair of a public work pursuant to the

provisions of:

(a) Sections 3 to 11, inclusive, of this act; or

(b) NRS 338.143, 338.145 and 338.147.

2. The provisions of sections 3 to 11, inclusive, of this act and NRS

338.143, 338.145 and 338.147 do not apply with respect to contracts for

the construction, reconstruction, improvement and maintenance of

highways that are awarded by the department of transportation pursuant

to NRS 408.313 to 408.433, inclusive.

public body shall not accept a bid on a contract for a public work unless

the person who submits the bid has qualified pursuant to section 5 of this

act to bid on that contract.

2. The governing body of each local government that sponsors or

finances a public work may adopt criteria for the qualification of bidders

on contracts for public works of the local government. If a governing

body adopts criteria pursuant to this subsection, the governing body shall

use the criteria to determine the qualification of bidders on contracts for

public works of the local government.

3. The state public works board shall adopt criteria for the

qualification of bidders on contracts for public works of this state. The

criteria adopted by the state public works board pursuant to this

subsection must be used by the state public works board to determine the

qualification of bidders on contracts for public works of this state.

4. Before adopting criteria pursuant to this section, the state public

works board or a governing body shall hold at least one public hearing to

solicit and evaluate public opinion regarding the criteria to be adopted.

Notice of such a hearing must be provided by mail at least 10 days before

the hearing to:

(a) Construction trade associations; and

(b) Labor unions representing trades in the building industry

.

governing body pursuant to section 3 of this act to determine whether an

applicant is qualified to bid on a contract for a public work:

1. Must be adopted in such a form that the determination of whether

an applicant is qualified to bid on a contract for a public work does not

require or allow the exercise of discretion by any one person.

2. May include only:

(a) The financial ability of the applicant to perform the contract;

(b) The principal personnel of the applicant;

(c) Whether the applicant has breached any contracts with a public

agency or person in this state or any other state; and

(d) Whether the applicant has been disqualified from being awarded

the contract pursuant to NRS 338.017 or 338.145.

person who wishes to qualify as a bidder on a contract for a public work

must submit an application to the state public works board or the

governing body.

2. Upon receipt of an application pursuant to subsection 1, the state

public works board or the governing body shall:

(a) Investigate the applicant to determine whether he is qualified to

bid on the contract; and

(b) After conducting the investigation, determine whether the

applicant is qualified to bid on the contract. The determination must be

made within 30 days after receipt of the application.

3. The state public works board or the governing body shall notify

each applicant in writing of its determination. If an application is denied,

the notice must set forth the reasons for the denial and inform the

applicant of his right to a hearing pursuant to section 7 of this act.

4. The state public works board or the governing body shall not use

any criteria other than the criteria described in section 4 of this act in

determining whether to approve or deny an application.

5. Financial information and other data pertaining to the net worth

of an applicant which is gathered by or provided to the state public works

board or a governing body to determine the financial ability of an

applicant to perform a contract is confidential and not open to public

inspection.

work from a person who does not qualify pursuant to section 5 of this act

if the person holds:

board in the branch of general engineering contracting or general

building contracting, or in both branches, and:

percent of the amount of the bid; and

bond, a labor and material bond, and a guaranty bond, each equal to 100

percent of the amount of the contract; or

designated in any classification if he:

bid, been found to be a responsible contractor in the classification in

which his contractor’s license is designated;

labor and material bond in such amounts as the state public works board

or governing body may require; and

qualified to supervise each classification of construction upon which the

person submitting the bid is bidding.

application, the applicant files a written request for a hearing with the

state public works board or the governing body of the local government,

the board or governing body shall set the matter for a hearing within 10

days after receipt of the request. The hearing must be held not later than

20 days after the receipt of the request for a hearing.

2. The hearing must be held at a time and place prescribed by the

board or governing body. At least 10 days before the date set for the

hearing, the board or governing body shall serve the applicant with

written notice of the hearing. The notice may be served by personal

delivery to the applicant or by certified mail to the last known business or

residential address of the applicant.

3. The board or governing body shall issue a decision on the matter

within 5 days after the hearing and notify the applicant, in writing, of its

decision within 5 days after it is issued. The decision of the board or

governing body is a final decision for purposes of judicial review.

1. 338.1906 and 338.1907, this state, or a local government that awards a

1. contract for the construction, alteration or repair of a public work in

1. accordance with paragraph (a) of subsection 1 of section 2 of this act, or

1. a public officer, public employee or other person responsible for

1. awarding a contract for the construction, alteration or repair of a public

1. work who represents the state or the local government, shall not:

1. (a) Commence such a project for which the estimated cost exceeds

1. $100,000 unless it advertises in a newspaper of general circulation in this

1. state for bids for the project; or

1. (b) Divide such a project into separate portions to avoid the

1. requirements of paragraph (a).

1. 2. Except as otherwise provided in subsection 7, a public body that

1. maintains a list of properly licensed contractors who are interested in

1. receiving offers to bid on public works projects for which the estimated

1. cost is more than $25,000 but less than $100,000 shall solicit bids from
2. not more than three of the contractors on the list for a contract of that

1. value for the construction, alteration or repair of a public work. The

1. public body shall select contractors from the list in such a manner as to

1. afford each contractor an equal opportunity to bid on a public works

1. project. A properly licensed contractor must submit a written request

1. annually to the public body to remain on the list. Offers for bids which

1. are made pursuant to this subsection must be sent by certified mail.

1. 3. Each advertisement for bids must include a provision that sets

1. forth:

1. (a) The requirement that a contractor must be qualified pursuant to

1. section 5 of this act to bid on the contract or must be exempt from

1. meeting such qualifications pursuant to section 6 of this act; and

1. (b) The period during which an application to qualify as a bidder on

1. the contract must be submitted.

1. 4. Approved plans and specifications for the bids must be on file at a

1. place and time stated in the advertisement for the inspection of all

1. persons desiring to bid thereon and for other interested persons.

1. Contracts for the project must be awarded on the basis of bids received.

1. 5. Any bids received in response to an advertisement for bids may be

1. rejected if the person responsible for awarding the contract determines

1. that:

1. (a) The bidder is not a qualified bidder pursuant to section 5 of this

1. act, unless the bidder is exempt from meeting such qualifications

1. pursuant to section 6 of this act;

1. (b) The bidder is not responsive;

1. (c) The quality of the services, materials, equipment or labor offered

1. does not conform to the approved plan or specifications; or

1. (d) The public interest would be served by such a rejection.

1. 6. Before the state or a local government may commence a project

1. subject to the provisions of this section, based upon a determination that

1. the public interest would be served by rejecting any bids received in

1. response to an advertisement for bids, it shall prepare and make

1. available for public inspection a written statement containing:

1. (a) A list of all persons, including supervisors, whom the state or the

1. local government intends to assign to the project, together with their

1. classifications and an estimate of the direct and indirect costs of their

1. labor;

1. (b) A list of all equipment that the state or the local government

1. intends to use on the project, together with an estimate of the number of

1. hours each item of equipment will be used and the hourly cost to use

1. each item of equipment;

1. (c) An estimate of the cost of administrative support for the persons

1. assigned to the project;

1. (d) An estimate of the total cost of the project; an

1. d
2. (e) An estimate of the amount of money the state or the local

1. government expects to save by rejecting the bids and performing the

1. project itself.

1. 7. This section does not apply to:

1. (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

1. (b) Any work of construction, reconstruction, improvement and

1. maintenance of highways subject to NRS 408.323 or 408.327;

1. (c) Normal maintenance of the property of a school district; or

1. (d) The Las Vegas Valley water district created pursuant to chapter

1. 167, Statutes of Nevada 1947.

1. or a local government that awards a contract for the construction,

1. alteration or repair of a public work in accordance with paragraph (a) of

1. subsection 1 of section 2 of this act, or a public officer, public employee

1. or other person responsible for awarding a contract for the construction,

1. alteration or repair of a public work who represents the state or the local

1. government, shall not:

1. (a) Commence such a project for which the estimated cost exceeds

1. $100,000 unless it advertises in a newspaper of general circulation in this

1. state for bids for the project; or

1. (b) Divide such a project into separate portions to avoid the

1. requirements of paragraph (a).

1. 2. Except as otherwise provided in subsection 7, a public body that

1. maintains a list of properly licensed contractors who are interested in

1. receiving offers to bid on public works projects for which the estimated

1. cost is more than $25,000 but less than $100,000 shall solicit bids from

1. not more than three of the contractors on the list for a contract of that

1. value for the construction, alteration or repair of a public work. The

1. public body shall select contractors from the list in such a manner as to

1. afford each contractor an equal opportunity to bid on a public works

1. project. A properly licensed contractor must submit a written request

1. annually to the public body to remain on the list. Offers for bids which

1. are made pursuant to this subsection must be sent by certified mail.

1. 3. Each advertisement for bids must include a provision that sets

1. forth:

1. (a) The requirement that a contractor must be qualified pursuant to

1. section 5 of this act to bid on the contract or must be exempt from

1. meeting such qualifications pursuant to section 6 of this act; and

1. (b) The period during which an application to qualify as a bidder on

1. the contract must be submitted.

1. 4. Approved plans and specifications for the bids must be on file at a

1. place and time stated in the advertisement for the inspection of all

1. persons desiring to bid thereon and for other interested persons.

1. Contracts for the project must be awarded on the basis of bids received.
2. 5. Any bids received in response to an advertisement for bids may be

1. rejected if the person responsible for awarding the contract determines

1. that:

1. (a) The bidder is not a qualified bidder pursuant to section 5 of this

1. act, unless the bidder is exempt from meeting such qualifications

1. pursuant to section 6 of this act;

1. (b) The bidder is not responsive or responsible;

1. (c) The quality of the services, materials, equipment or labor offered

1. does not conform to the approved plan or specifications; or

1. (d) The public interest would be served by such a rejection.

1. 6. Before the state or a local government may commence a project

1. subject to the provisions of this section, based upon a determination that

1. the public interest would be served by rejecting any bids received in

1. response to an advertisement for bids, it shall prepare and make

1. available for public inspection a written statement containing:

1. (a) A list of all persons, including supervisors, whom the state or the

1. local government intends to assign to the project, together with their

1. classifications and an estimate of the direct and indirect costs of their

1. labor;

1. (b) A list of all equipment that the state or the local government

1. intends to use on the project, together with an estimate of the number of

1. hours each item of equipment will be used and the hourly cost to use

1. each item of equipment;

1. (c) An estimate of the cost of administrative support for the persons

1. assigned to the project;

1. (d) An estimate of the total cost of the project; and

1. (e) An estimate of the amount of money the state or the local

1. government expects to save by rejecting the bids and performing the

1. project itself.

1. 7. This section does not apply to:

1. (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

1. (b) Any work of construction, reconstruction, improvement and

1. maintenance of highways subject to NRS 408.323 or 408.327;

1. (c) Normal maintenance of the property of a school district; or

1. (d) The Las Vegas Valley water district created pursuant to chapter

1. 167, Statutes of Nevada 1947.

1. shall not award the contract to a person who, at the time of the bid, is not

1. properly licensed under the provisions of chapter 624 of NRS or if the

1. contract would exceed the limit of his license. A subcontractor named by

1. the contractor who is not properly licensed for that portion of the work

1. shall be deemed unacceptable. If the subcontractor is deemed

1. unacceptable, the contractor shall provide an acceptable subcontractor

1. before the award of the contract.

1. 2. If, after awarding the contract, the public body discovers that the

1. person to whom the contract was awarded is not licensed, or that the
2. contract would exceed his license, the public body shall reject the bid and

1. may accept the next lowest bid for that public work from a responsive

1. bidder who was determined by the public body to be a qualified bidder

1. pursuant to section 5 of this act or was exempt from meeting such

1. qualifications pursuant to section 6 of this act without requiring that new

1. bids be submitted.

1. to the contractor who submits the best bid.

1. 2. Except as otherwise provided in subsection 4 or limited by

1. subsection 5, for the purposes of this section, a contractor who:

1. (a) Has been determined by the public body to be a qualified bidder

1. pursuant to section 5 of this act or is exempt from meeting such

1. qualifications pursuant to section 6 of this act; and

1. (b) At the time he submits his bid, provides to the public body proof of

1. the payment of:

1. (1) The sales and use taxes imposed pursuant to chapters 372, 374

1. and 377 of NRS on materials used for construction of not less than

1. $5,000 for each consecutive 12-month period for 60 months immediately

1. preceding the submission of his bid;

1. (2) The motor vehicle privilege tax imposed pursuant to chapter 371

1. of NRS on the vehicles used in the operation of his business of not less

1. than $5,000 for each consecutive 12-month period for 60 months

1. immediately preceding the submission of his bid; or

1. (3) Any combination of those sales and use taxes and motor vehicle

1. privilege tax,

1. shall be deemed to have submitted a better bid than a competing

1. contractor who has not provided proof of the payment of those taxes if

1. the amount of his bid is not more than 5 percent higher than the amount

1. bid by the competing contractor.

1. 3. A contractor who has previously provided the public body

1. awarding a contract with the proof of payment required pursuant to

1. subsection 2 may update that proof on or before April 1, July 1,

1. September 1 and December 1 rather than with each bid.

1. 4. If any federal statute or regulation precludes the granting of

1. federal assistance or reduces the amount of that assistance for a

1. particular public work because of the provisions of subsection 2, those

1. provisions do not apply if the application of those provisions would

1. preclude or reduce federal assistance for that work. The provisions of

1. subsection 2 do not apply to any contract for a public work which is

1. expected to cost less than $250,000.

1. 5. Except as otherwise provided in subsection 6, if a bid is submitted

1. by two or more contractors as a joint venture or by one of them as a joint

1. venturer, the provisions of subsection 2 apply only if both or all of the

1. joint venturers separately meet the requirements of that subsection.

2. 6. Except as otherwise provided in subsection 8, if a bid is submitted

1. by a joint venture and one or more of the joint venturers has

1. responsibility for the performance of the contract as described in

1. subsection 7, the provisions of subsection 2 apply only to those joint

1. venturers who have that responsibility.

1. 7. For the purposes of subsection 6, a joint venturer has

1. responsibility for the performance of a contract if he has at least one of

1. the following duties or obligations delegated to him in writing in the

1. contract creating the joint venture:

1. (a) Supplying the labor necessary to perform the contract and paying

1. the labor and any related taxes and benefits;

1. (b) Supplying the equipment necessary to perform the contract and

1. paying any charges related to the equipment;

1. (c) Contracting with and making payments to any subcontractors; or

1. (d) Performing the recordkeeping for the joint venture and making

1. any payments to persons who provide goods or services related to the

1. performance of the contract.

8. The provisions of subsection 6 do not apply to a joint venture

which is formed for the sole purpose of circumventing any of the

requirements of this section.