Assembly Amendment to Assembly Bill No. 298 (BDR 28-991)
Proposed by: Committee on Government Affairs
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend sec. 2, page 1, line 3, by deleting "
A" and inserting:"
Except as otherwise provided in subsection 4, a".Amend sec. 2, page 1, by deleting lines 7 and 8 and inserting:
"
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.".Amend sec. 2, page 1, by deleting lines 12 through 14 and inserting:
"
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. A public body may accept a bid on a contract for a public work from a person who does not qualify pursuant to section 4 of this act if the person holds:
(a) An unlimited contractor’s license issued by the state contractors’ board in the branch of general engineering contracting or general building contracting, or in both branches, and:
(1) At the time he submits his bid, he provides a bid bond equal to 10 percent of the amount of the bid; and
(2) At the time the contract is awarded, he provides a performance bond, a labor and material bond, and a guaranty bond, each equal to 100 percent of the amount of the contract; or
(b) A contractor’s license issued by the state contractors’ board that is designated in any classification if he:
(1) Has, in the 5 years immediately preceding the submission of the bid, been found to be a responsible contractor in the classification in which his contractor’s license is designated;
(2) Provides a bid bond, a performance bond, a guaranty bond and a labor and material bond in such amounts as the state public works board or governing body may require; and
(3) Employs a person determined by the state contractors’ board to be qualified to supervise each classification of construction upon which the person submitting the bid is bidding.
5. 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.".
Amend sec. 3, pages 1 and 2, by deleting lines 15 through 18 on page 1 and lines 1 through 19 on page 2, and inserting:
"Sec. 3.
The criteria adopted by the state public works board or a governing body pursuant to section 2 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.
".Amend sec. 4, page 2, line 20, by deleting "
A" and inserting:"
Except as otherwise provided in subsection 4 of section 2 of this act, a".Amend sec. 4, page 2, line 35, by deleting:
"
adopted pursuant to section 2" and inserting:"
described in section 3".Amend sec. 4, page 2, between lines 36 and 37, by inserting:
"
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.".Amend sec. 6, page 3, line 20, by deleting "
act." and inserting:"
act or was exempt from meeting such qualifications pursuant to subsection 4 of section 2 of this act.".Amend sec. 7, page 4, line 41, by deleting "
contract; and" and inserting:"
contract or must be exempt from meeting such qualifications pursuant to subsection 4 of section 2 of this act; and".Amend sec. 7, page 5, line 9, by deleting "
act;" and inserting:"
act, unless the bidder is exempt from meeting such qualifications pursuant to subsection 4 of section 2 of this act;".Amend sec. 8, page 6, line 22, by deleting "
contract; and" and inserting:"
contract or must be exempt from meeting such qualifications pursuant to subsection 4 of section 2 of this act; and".Amend sec. 8, page 6, line 33, by deleting "
act;" and inserting:"
act, unless the bidder is exempt from meeting such qualifications pursuant to subsection 4 of section 2 of this act;".Amend sec. 9, page 7, line 35, after "
act" by inserting:"
or was exempt from meeting such qualifications pursuant to subsection 4 of section 2 of this act".Amend sec. 10, page 8, line 3, by deleting "
act;" and inserting:"
act or is exempt from meeting such qualifications pursuant to subsection 4 of section 2 of this act;".Amend the title of the bill by deleting the second and third lines and inserting:
"qualification of bidders on certain contracts for public works; requiring a person to qualify before bidding on such contracts in certain circumstances; and providing other matters properly".
Amend the summary of the bill, first line, by deleting "bidding." and inserting:
"bidding in certain circumstances.".