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
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: 244.286 1. The board of county commissioners of any county may ,1-3
without competitive bidding, enter into an agreement with a person1-4
whereby the person agrees to construct or remodel a building or facility1-5
according to specifications adopted by the board of county commissioners1-6
and thereupon enter into a lease, a purchase agreement, or a lease-1-7
purchase agreement with the board of county commissioners for that1-8
building or facility.1-9
2. The board of county commissioners may convey property to a1-10
person where the purpose of the conveyance is the entering into of an1-11
agreement contemplated by subsection 1.1-12
3. The provisions of NRS 338.010 to 338.090, inclusive, apply to any1-13
agreement for the construction or remodeling of a building or facility1-14
entered into pursuant to subsection 1.1-15
Sec. 2. NRS 338.143 is hereby amended to read as follows: 338.143 1. Except as otherwise provided in subsection 6 and NRS1-17
338.1906 and 338.1907, an agency or political subdivision of the state, or a2-1
public officer, public employee or other person responsible for awarding a2-2
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 exceeds2-4
$100,000, unless it advertises in a newspaper of general circulation in the2-5
state for bids for the project; or2-6
(b) Divide such a project into separate portions to avoid the2-7
requirements of paragraph (a).2-8
2. Except as otherwise provided in subsection 6, a public body that2-9
maintains a list of properly licensed contractors who are interested in2-10
receiving offers to bid on public works projects for which the estimated2-11
cost is more than $25,000 but less than $100,000 shall solicit bids from not2-12
more than three of the contractors on the list for a contract of that value for2-13
the construction, alteration or repair of a public work. The public body2-14
shall select contractors from the list in such a manner as to afford each2-15
contractor an equal opportunity to bid on a public works project. A2-16
properly licensed contractor must submit a written request annually to the2-17
public body to remain on the list. Offers for bids which are made pursuant2-18
to this subsection must be sent by certified mail.2-19
3. Approved plans and specifications for the bids must be on file at a2-20
place and time stated in the advertisement for the inspection of all persons2-21
desiring to bid thereon and for other interested persons. Contracts for the2-22
project must be awarded on the basis of bids received.2-23
4. Any or all bids received in response to an advertisement for bids2-24
may be rejected if the person responsible for awarding the contract2-25
determines that:2-26
(a) The bidder is not responsive or responsible;2-27
(b) The quality of the services, materials, equipment or labor offered2-28
does not conform to the approved plan or specifications; or2-29
(c) The public interest would be served by such a rejection.2-30
5. Before an agency or political subdivision of the state may commence2-31
a project subject to the provisions of this section, based upon a2-32
determination that the public interest would be served by rejecting any bids2-33
received in response to an advertisement for bids, it shall prepare and make2-34
available for public inspection a written statement containing:2-35
(a) A list of all persons, including supervisors, who the agency or2-36
political subdivision intends to assign to the project, together with their2-37
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 subdivision2-39
intends to use on the project, together with an estimate of the number of2-40
hours each item of equipment will be used and the hourly cost to use each2-41
item of equipment;2-42
(c) An estimate of the cost of administrative support for the persons2-43
assigned to the project;3-1
(d) An estimate of the total cost of the project; and3-2
(e) An estimate of the amount of money the agency or political3-3
subdivision expects to save by rejecting the bids and performing the project3-4
itself.3-5
6. This section does not apply to:3-6
(a) Any construction or remodeling of a building or facility pursuant3-7
to NRS 244.286;3-8
(b) Any utility subject to the provisions of chapter 318 or 710 of NRS;3-9
3-10
maintenance of highways subject to NRS 408.323 or 408.327;3-11
3-12
3-13
chapter 167, Statutes of Nevada 1947.3-14
Sec. 3. NRS 338.143 is hereby amended to read as follows: 338.143 1. Except as otherwise provided in subsection 6, an agency3-16
or political subdivision of the state, or a public officer, public employee or3-17
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 exceeds3-20
$100,000, unless it advertises in a newspaper of general circulation in the3-21
state for bids for the project; or3-22
(b) Divide such a project into separate portions to avoid the3-23
requirements of paragraph (a).3-24
2. Except as otherwise provided in subsection 6, a public body that3-25
maintains a list of properly licensed contractors who are interested in3-26
receiving offers to bid on public works projects for which the estimated3-27
cost is more than $25,000 but less than $100,000 shall solicit bids from not3-28
more than three of the contractors on the list for a contract of that value for3-29
the construction, alteration or repair of a public work. The public body3-30
shall select contractors from the list in such a manner as to afford each3-31
contractor an equal opportunity to bid on a public works project. A3-32
properly licensed contractor must submit a written request annually to the3-33
public body to remain on the list. Offers for bids which are made pursuant3-34
to this subsection must be sent by certified mail.3-35
3. Approved plans and specifications for the bids must be on file at a3-36
place and time stated in the advertisement for the inspection of all persons3-37
desiring to bid thereon and for other interested persons. Contracts for the3-38
project must be awarded on the basis of bids received.3-39
4. Any or all bids received in response to an advertisement for bids3-40
may be rejected if the person responsible for awarding the contract3-41
determines that:3-42
(a) The bidder is not responsive or responsible;4-1
(b) The quality of the services, materials, equipment or labor offered4-2
does not conform to the approved plan or specifications; or4-3
(c) The public interest would be served by such a rejection.4-4
5. Before an agency or political subdivision of the state may commence4-5
a project subject to the provisions of this section, based upon a4-6
determination that the public interest would be served by rejecting any bids4-7
received in response to an advertisement for bids, it shall prepare and make4-8
available for public inspection a written statement containing:4-9
(a) A list of all persons, including supervisors, who the agency or4-10
political subdivision intends to assign to the project, together with their4-11
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 subdivision4-13
intends to use on the project, together with an estimate of the number of4-14
hours each item of equipment will be used and the hourly cost to use each4-15
item of equipment;4-16
(c) An estimate of the cost of administrative support for the persons4-17
assigned to the project;4-18
(d) An estimate of the total cost of the project; and4-19
(e) An estimate of the amount of money the agency or political4-20
subdivision expects to save by rejecting the bids and performing the project4-21
itself.4-22
6. This section does not apply to:4-23
(a) Any construction or remodeling of a building or facility pursuant4-24
to NRS 244.286;4-25
(b) Any utility subject to the provisions of chapter 318 or 710 of NRS;4-26
4-27
maintenance of highways subject to NRS 408.323 or 408.327;4-28
4-29
4-30
chapter 167, Statutes of Nevada 1947.4-31
Sec. 4. 1. This section and sections 1 and 2 of this act become4-32
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.~