Senate Bill No. 407–Committee on Government Affairs

(On Behalf of Washoe County)

March 15, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Exempts certain construction and remodeling projects for counties from requirements of competitive bidding. (BDR 20-566)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to counties; exempting certain construction and remodeling projects for a county from the requirements of competitive bidding; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 244.286 is hereby amended to read as follows:

1-2 244.286 1. The board of county commissioners of any county may ,

1-3 without competitive bidding, enter into an agreement with a person

1-4 whereby the person agrees to construct or remodel a building or facility

1-5 according to specifications adopted by the board of county commissioners

1-6 and thereupon enter into a lease, a purchase agreement, or a lease-

1-7 purchase agreement with the board of county commissioners for that

1-8 building or facility.

1-9 2. The board of county commissioners may convey property to a

1-10 person where the purpose of the conveyance is the entering into of an

1-11 agreement contemplated by subsection 1.

1-12 3. The provisions of NRS 338.010 to 338.090, inclusive, apply to any

1-13 agreement for the construction or remodeling of a building or facility

1-14 entered into pursuant to subsection 1.

1-15 Sec. 2. NRS 338.143 is hereby amended to read as follows:

1-16 338.143 1. Except as otherwise provided in subsection 6 and NRS

1-17 338.1906 and 338.1907, an agency or political subdivision of the state, or a

2-1 public officer, public employee or other person responsible for awarding a

2-2 contract for the construction, alteration or repair of a public work, shall not:

2-3 (a) Commence such a project, for which the estimated cost exceeds

2-4 $100,000, unless it advertises in a newspaper of general circulation in the

2-5 state for bids for the project; or

2-6 (b) Divide such a project into separate portions to avoid the

2-7 requirements of paragraph (a).

2-8 2. Except as otherwise provided in subsection 6, a public body that

2-9 maintains a list of properly licensed contractors who are interested in

2-10 receiving offers to bid on public works projects for which the estimated

2-11 cost is more than $25,000 but less than $100,000 shall solicit bids from not

2-12 more than three of the contractors on the list for a contract of that value for

2-13 the construction, alteration or repair of a public work. The public body

2-14 shall select contractors from the list in such a manner as to afford each

2-15 contractor an equal opportunity to bid on a public works project. A

2-16 properly licensed contractor must submit a written request annually to the

2-17 public body to remain on the list. Offers for bids which are made pursuant

2-18 to this subsection must be sent by certified mail.

2-19 3. Approved plans and specifications for the bids must be on file at a

2-20 place and time stated in the advertisement for the inspection of all persons

2-21 desiring to bid thereon and for other interested persons. Contracts for the

2-22 project must be awarded on the basis of bids received.

2-23 4. Any or all bids received in response to an advertisement for bids

2-24 may be rejected if the person responsible for awarding the contract

2-25 determines that:

2-26 (a) The bidder is not responsive or responsible;

2-27 (b) The quality of the services, materials, equipment or labor offered

2-28 does not conform to the approved plan or specifications; or

2-29 (c) The public interest would be served by such a rejection.

2-30 5. Before an agency or political subdivision of the state may commence

2-31 a project subject to the provisions of this section, based upon a

2-32 determination that the public interest would be served by rejecting any bids

2-33 received in response to an advertisement for bids, it shall prepare and make

2-34 available for public inspection a written statement containing:

2-35 (a) A list of all persons, including supervisors, who the agency or

2-36 political subdivision intends to assign to the project, together with their

2-37 classifications and an estimate of the direct and indirect costs of their labor;

2-38 (b) A list of all equipment that the agency or political subdivision

2-39 intends to use on the project, together with an estimate of the number of

2-40 hours each item of equipment will be used and the hourly cost to use each

2-41 item of equipment;

2-42 (c) An estimate of the cost of administrative support for the persons

2-43 assigned to the project;

3-1 (d) An estimate of the total cost of the project; and

3-2 (e) An estimate of the amount of money the agency or political

3-3 subdivision expects to save by rejecting the bids and performing the project

3-4 itself.

3-5 6. This section does not apply to:

3-6 (a) Any construction or remodeling of a building or facility pursuant

3-7 to NRS 244.286;

3-8 (b) Any utility subject to the provisions of chapter 318 or 710 of NRS;

3-9 [(b)] (c) Any work of construction, reconstruction, improvement and

3-10 maintenance of highways subject to NRS 408.323 or 408.327;

3-11 [(c)] (d) Normal maintenance of the property of a school district; or

3-12 [(d)] (e) The Las Vegas Valley water district created pursuant to

3-13 chapter 167, Statutes of Nevada 1947.

3-14 Sec. 3. NRS 338.143 is hereby amended to read as follows:

3-15 338.143 1. Except as otherwise provided in subsection 6, an agency

3-16 or political subdivision of the state, or a public officer, public employee or

3-17 other person responsible for awarding a contract for the construction,

3-18 alteration or repair of a public work, shall not:

3-19 (a) Commence such a project, for which the estimated cost exceeds

3-20 $100,000, unless it advertises in a newspaper of general circulation in the

3-21 state for bids for the project; or

3-22 (b) Divide such a project into separate portions to avoid the

3-23 requirements of paragraph (a).

3-24 2. Except as otherwise provided in subsection 6, a public body that

3-25 maintains a list of properly licensed contractors who are interested in

3-26 receiving offers to bid on public works projects for which the estimated

3-27 cost is more than $25,000 but less than $100,000 shall solicit bids from not

3-28 more than three of the contractors on the list for a contract of that value for

3-29 the construction, alteration or repair of a public work. The public body

3-30 shall select contractors from the list in such a manner as to afford each

3-31 contractor an equal opportunity to bid on a public works project. A

3-32 properly licensed contractor must submit a written request annually to the

3-33 public body to remain on the list. Offers for bids which are made pursuant

3-34 to this subsection must be sent by certified mail.

3-35 3. Approved plans and specifications for the bids must be on file at a

3-36 place and time stated in the advertisement for the inspection of all persons

3-37 desiring to bid thereon and for other interested persons. Contracts for the

3-38 project must be awarded on the basis of bids received.

3-39 4. Any or all bids received in response to an advertisement for bids

3-40 may be rejected if the person responsible for awarding the contract

3-41 determines that:

3-42 (a) The bidder is not responsive or responsible;

4-1 (b) The quality of the services, materials, equipment or labor offered

4-2 does not conform to the approved plan or specifications; or

4-3 (c) The public interest would be served by such a rejection.

4-4 5. Before an agency or political subdivision of the state may commence

4-5 a project subject to the provisions of this section, based upon a

4-6 determination that the public interest would be served by rejecting any bids

4-7 received in response to an advertisement for bids, it shall prepare and make

4-8 available for public inspection a written statement containing:

4-9 (a) A list of all persons, including supervisors, who the agency or

4-10 political subdivision intends to assign to the project, together with their

4-11 classifications and an estimate of the direct and indirect costs of their labor;

4-12 (b) A list of all equipment that the agency or political subdivision

4-13 intends to use on the project, together with an estimate of the number of

4-14 hours each item of equipment will be used and the hourly cost to use each

4-15 item of equipment;

4-16 (c) An estimate of the cost of administrative support for the persons

4-17 assigned to the project;

4-18 (d) An estimate of the total cost of the project; and

4-19 (e) An estimate of the amount of money the agency or political

4-20 subdivision expects to save by rejecting the bids and performing the project

4-21 itself.

4-22 6. This section does not apply to:

4-23 (a) Any construction or remodeling of a building or facility pursuant

4-24 to NRS 244.286;

4-25 (b) Any utility subject to the provisions of chapter 318 or 710 of NRS;

4-26 [(b)] (c) Any work of construction, reconstruction, improvement and

4-27 maintenance of highways subject to NRS 408.323 or 408.327;

4-28 [(c)] (d) Normal maintenance of the property of a school district; or

4-29 [(d)] (e) The Las Vegas Valley water district created pursuant to

4-30 chapter 167, Statutes of Nevada 1947.

4-31 Sec. 4. 1. This section and sections 1 and 2 of this act become

4-32 effective on October 1, 1999.

4-33 2. Section 3 of this act becomes effective at 12:01 a.m. on May 1,

4-34 2013.

4-35 3. Section 2 of this act expires by limitation on May 1, 2013.

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