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).

1-1 Section 1. Chapter 338 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 9, inclusive, of this act.

1-3 Sec. 2. 1. Except as otherwise provided in this section, a public

1-4 body shall contract with a prime contractor for the construction of a

1-5 public work for which the estimated cost exceeds $100,000.

1-6 2. A public body may contract with a design-build team for the

1-7 design and construction of a public work that is a discrete project if the

1-8 public body determines that:

1-9 (a) The public work is:

2-1 (1) A plant or facility for the treatment and pumping of water or the

2-2 treatment and disposal of wastewater or sewage, the estimated cost of

2-3 which exceeds $100,000,000; or

2-4 (2) Any other type of public work, except a stand-alone

2-5 underground utility project, the estimated cost of which exceeds

2-6 $30,000,000; and

2-7 (b) Contracting with a design-build team will enable the public body

2-8 to:

2-9 (1) Design and construct the public work at a cost that is

2-10 significantly lower than the cost that the public body would incur to

2-11 design and construct the public work using a different method;

2-12 (2) Design and construct the public work in a shorter time than

2-13 would be required to design and construct the public work using a

2-14 different method, if exigent circumstances require that the public work

2-15 be designed and constructed within a short time; or

2-16 (3) Ensure that the design and construction of the public work is

2-17 properly coordinated, if the public work is unique, highly technical and

2-18 complex in nature.

2-19 3. In a county whose population is 400,000 or more, a public body

2-20 that is responsible for financing public works may, for its own public

2-21 works and those financed by a different public body, including, without

2-22 limitation, an airport if the airport is owned and operated as a

2-23 department of the public body, contract with a design-build team once in

2-24 each fiscal year for the design and construction of a public work if the

2-25 public body determines that:

2-26 (a) The estimated cost of the public work is at least $5,000,000 but less

2-27 than $30,000,000; and

2-28 (b) Contracting with a design-build team will enable the public body

2-29 to:

2-30 (1) Design and construct the public work at a cost that is

2-31 significantly lower than the cost that the public body would incur to

2-32 design and construct the public work using a different method;

2-33 (2) Design and construct the public work in a shorter time than

2-34 would be required to design and construct the public work using a

2-35 different method, if exigent circumstances require that the public work

2-36 be designed and constructed within a short time; or

2-37 (3) Ensure that the design and construction of the public work is

2-38 properly coordinated, if the public work is unique, highly technical and

2-39 complex in nature.

2-40 4. Notwithstanding the provisions of subsections 1, 2 and 3, a public

2-41 body may contract with:

2-42 (a) A nonprofit organization for the design and construction of a

2-43 project to restore, enhance or develop wetlands.

3-1 (b) A prime contractor, specialty contractor or design-build team with

3-2 respect to a public work if the public body determines that the public

3-3 work is:

3-4 (1) Not part of a larger public work; and

3-5 (2) Limited in scope to:

3-6 (I) Removal of asbestos;

3-7 (II) Replacement of equipment or systems for heating, ventilation

3-8 and air-conditioning;

3-9 (III) Replacement of a roof;

3-10 (IV) Landscaping; or

3-11 (V) Restoration, enhancement or development of wetlands.

3-12 Sec. 3. 1. A public body shall not contract with a design-build team

3-13 with respect to a public work unless the governing body of the public

3-14 body makes the determinations, at a public hearing, that are required

3-15 pursuant to subsection 2, 3 or 4 of section 2 of this act, as applicable.

3-16 2. A public body that is required to hold a public hearing pursuant to

3-17 this section shall publish notice of the hearing at least once each week

3-18 for 3 consecutive weeks in:

3-19 (a) A newspaper of general circulation published in the county in

3-20 which the public work is proposed to be constructed or, if there is no such

3-21 newspaper, in a newspaper of general circulation in the county published

3-22 in this state; and

3-23 (b) A newspaper of general circulation in this state.

3-24 Sec. 4. 1. A public body that is required to contract with a prime

3-25 contractor pursuant to subsection 1 of section 2 of this act or elects to

3-26 contract with a specialty contractor pursuant to subsection 4 of section 2

3-27 of this act shall select the prime contractor or specialty contractor, as

3-28 appropriate, in accordance with the procedures for bidding that are set

3-29 forth in:

3-30 (a) The provisions of sections 3 to 11, inclusive, of Assembly Bill No.

3-31 298 of this session; or

3-32 (b) NRS 338.140 to 338.147, inclusive, if the public body is a local

3-33 government that elects to award a contract for a public work in

3-34 accordance with paragraph (b) of subsection 1 of section 2 of Assembly

3-35 Bill No. 298 of this session.

3-36 2. A public body that contracts with a design-build team pursuant to

3-37 sections 2 and 3 of this act shall select the design-build team in

3-38 accordance with sections 5 to 8, inclusive, of this act.

3-39 Sec. 5. 1. A public body shall advertise for preliminary proposals

3-40 for the design and construction of a public work by a design-build team

3-41 at least twice each week for 3 consecutive weeks in:

4-1 (a) A newspaper of general circulation published in the county in

4-2 which the public work is proposed to be constructed or, if there is no such

4-3 newspaper, in a newspaper of general circulation in the county published

4-4 in this state; and

4-5 (b) A newspaper of general circulation in this state.

4-6 2. A request for preliminary proposals published pursuant to

4-7 subsection 1 must include, without limitation:

4-8 (a) A description of the public work to be designed and constructed;

4-9 (b) Separate estimates of the costs of designing and constructing the

4-10 public work;

4-11 (c) The dates on which it is anticipated that the separate phases of the

4-12 design and construction of the public work will begin and end;

4-13 (d) A statement setting forth the place and time in which a design-

4-14 build team desiring to submit a proposal for the public work may obtain

4-15 the information necessary to submit a proposal, including, without

4-16 limitation, the extent to which designs must be completed for both

4-17 preliminary and final proposals and any other requirements for the

4-18 design and construction of the public work that the public body

4-19 determines to be necessary;

4-20 (e) A list of the requirements set forth in section 6 of this act;

4-21 (f) A list of the factors that the public body will use to evaluate design-

4-22 build teams who submit a proposal for the public work, including,

4-23 without limitation:

4-24 (1) The relative weight to be assigned to each factor; and

4-25 (2) A disclosure of whether the factors that are not related to cost

4-26 are, when considered as a group, more or less important in the process of

4-27 evaluation than the factor of cost;

4-28 (g) Notice that a design-build team desiring to submit a proposal for

4-29 the public work must include with its proposal the information used by

4-30 the public body to determine finalists among the design-build teams

4-31 submitting proposals pursuant to subsection 2 of section 7 of this act and

4-32 a description of that information;

4-33 (h) A statement that a design-build team whose prime contractor

4-34 holds a certificate of eligibility to receive a preference in bidding on

4-35 public works issued pursuant to NRS 338.147 should submit a copy of

4-36 the certificate of eligibility with its proposal;

4-37 (i) A statement as to whether a design-build team that is selected as a

4-38 finalist pursuant to section 7 of this act but is not awarded the design-

4-39 build contract pursuant to section 8 of this act will be partially

4-40 reimbursed for the cost of preparing a final proposal and, if so, an

4-41 estimate of the amount of the partial reimbursement; and

5-1 (j) The date by which preliminary proposals must be submitted to the

5-2 public body, which must not be less than 30 days or more than 60 days

5-3 after the date on which the request for preliminary proposals is first

5-4 published in a newspaper pursuant to subsection 1.

5-5 Sec. 6. To qualify to participate in a project for the design and

5-6 construction of a public work, a design-build team must:

5-7 1. Obtain a performance bond and payment bond as required

5-8 pursuant to NRS 339.025;

5-9 2. Obtain insurance covering general liability and liability for errors

5-10 and omissions;

5-11 3. Not have been found liable for breach of contract with respect to a

5-12 previous project, other than a breach for legitimate cause;

5-13 4. Not have been disqualified from being awarded a contract

5-14 pursuant to NRS 338.017, 338.145 or 408.333; and

5-15 5. Ensure that the members of the design-build team possess the

5-16 licenses and certificates required to carry out the functions of their

5-17 respective professions within this state.

5-18 Sec. 7. 1. At least 30 days after the date by which preliminary

5-19 proposals must be submitted to the public body, the public body shall

5-20 select at least three but not more than five finalists from among the

5-21 design-build teams that submitted preliminary proposals. If the public

5-22 body does not receive at least three preliminary proposals from design-

5-23 build teams that the public body determines to be qualified pursuant to

5-24 this section and section 6 of this act, the public body may not contract

5-25 with a design-build team for the design and construction of the public

5-26 work.

5-27 2. The public body shall select finalists pursuant to subsection 1 by:

5-28 (a) Verifying that each design-build team which submitted a

5-29 preliminary proposal satisfies the requirements of section 6 of this act;

5-30 and

5-31 (b) Conducting an evaluation of the qualifications of each design-

5-32 build team that submitted a preliminary proposal, including, without

5-33 limitation, an evaluation of:

5-34 (1) The professional qualifications and experience of the members

5-35 of the design-build team;

5-36 (2) The performance history of the members of the design-build

5-37 team concerning other recent, similar projects completed by those

5-38 members, if any;

5-39 (3) The safety programs established and the safety records

5-40 accumulated by the members of the design-build team; and

5-41 (4) The proposed plan of the design-build team to manage the

5-42 design and construction of the public work that sets forth in detail the

5-43 ability of the design-build team to design and construct the public work.

6-1 Sec. 8. 1. After selecting the finalists pursuant to section 7 of this

6-2 act, the public body shall provide to each finalist a request for final

6-3 proposals for the public work. The request for final proposals must:

6-4 (a) Set forth the factors that the public body will use to select a design-

6-5 build team to design and construct the public work, including the relative

6-6 weight to be assigned to each factor; and

6-7 (b) Set forth the date by which final proposals must be submitted to

6-8 the public body.

6-9 2. A final proposal submitted by a design-build team pursuant to this

6-10 section must be prepared thoroughly, be responsive to the criteria that the

6-11 public body will use to select a design-build team to design and construct

6-12 the public work described in subsection 1 and comply with the provisions

6-13 of NRS 338.144. If the cost of construction is a factor in the selection of

6-14 a design-build team, a design-build team whose prime contractor has

6-15 submitted with its proposal a certificate of eligibility to receive a

6-16 preference in bidding on public works issued pursuant to NRS 338.147 or

6-17 section 11 of Assembly Bill No. 298 of this session shall be deemed to

6-18 have submitted a better proposal than a competing design-build team

6-19 whose prime contractor has not submitted such a certificate of eligibility

6-20 if the amount proposed by the design-build team is not more than 5

6-21 percent higher than the amount proposed by the competing design-build

6-22 team.

6-23 3. At least 30 days after receiving the final proposals for the public

6-24 work, the public body shall:

6-25 (a) Select the most cost-effective and responsive final proposal, using

6-26 the criteria set forth pursuant to subsection 1; or

6-27 (b) Reject all the final proposals.

6-28 4. If a public body selects a final proposal pursuant to paragraph (a)

6-29 of subsection 3, the public body shall, at its next regularly scheduled

6-30 meeting:

6-31 (a) Review and ratify the selection.

6-32 (b) Award the design-build contract to the design-build team whose

6-33 proposal is selected.

6-34 (c) Partially reimburse the unsuccessful finalists if partial

6-35 reimbursement was provided for in the request for preliminary proposals

6-36 pursuant to paragraph (i) of subsection 2 of section 5 of this act. The

6-37 amount of reimbursement must not exceed, for each unsuccessful

6-38 finalist, three percent of the total amount to be paid to the design-build

6-39 team as set forth in the design-build contract.

6-40 (d) Make available to the public a summary setting forth the factors

6-41 used by the public body to select the successful design-build team and the

6-42 ranking of the design-build teams who submitted final proposals. The

7-1 public body shall not release to a third party, or otherwise make public,

7-2 financial or proprietary information submitted by a design-build team.

7-3 5. A contract awarded pursuant to this section must specify:

7-4 (a) An amount that is the maximum amount that the public body will

7-5 pay for the performance of all the work required by the contract,

7-6 excluding any amount related to costs that may be incurred as a result of

7-7 unexpected conditions or occurrences as authorized by the contract;

7-8 (b) An amount that is the maximum amount that the public body will

7-9 pay for the performance of the professional services required by the

7-10 contract; and

7-11 (c) A date by which performance of the work required by the contract

7-12 must be completed.

7-13 6. A design-build team to whom a contract is awarded pursuant to

7-14 this section shall:

7-15 (a) Assume overall responsibility for ensuring that the design and

7-16 construction of the public work is completed in a satisfactory manner;

7-17 and

7-18 (b) Use the work force of the prime contractor on the design-build

7-19 team to construct at least 15 percent of the public work.

7-20 Sec. 9. A public body may employ a registered architect or licensed

7-21 professional engineer as a consultant to assist the public body in

7-22 overseeing the construction of a public work. An architect or engineer so

7-23 employed shall not:

7-24 1. Construct the public work; or

7-25 2. Assume overall responsibility for ensuring that the construction of

7-26 the public work is completed in a satisfactory manner.

7-27 Sec. 10. NRS 338.010 is hereby amended to read as follows:

7-28 338.010 As used in this chapter:

7-43 of NRS.

8-1 (2) Anything other than a building and its site, at least one person

8-2 who holds a certificate of registration to practice architecture pursuant to

8-3 chapter 623 of NRS or is licensed as a professional engineer pursuant to

8-4 chapter 625 of NRS.

8-5 4. "Design professional" means a person with a professional license

8-6 or certificate issued pursuant to chapter 623, 623A or 625 of NRS.

8-7 5. "Eligible bidder" means a person who is:

8-8 (a) Found to be a responsible and responsive contractor by a local

8-9 government which requests bids for a public work in accordance with

8-10 paragraph (b) of subsection 1 of section 2 of [this act;] Assembly Bill No.

8-11 298 of this session; or

8-12 (b) Determined by a public body which awarded a contract for a public

8-13 work pursuant to sections 3 to 11, inclusive, of [this act,] Assembly Bill No.

8-14 298 of this session, to be qualified to bid on that contract pursuant to

8-15 section 5 of [this act] Assembly Bill No. 298 of this session or was exempt

8-16 from meeting such qualifications pursuant to section 6 of [this act.

8-17 3.] Assembly Bill No. 298 of this session.

8-18 6. "Local government" means every political subdivision or other

8-19 entity which has the right to levy or receive money from ad valorem or

8-20 other taxes or any mandatory assessments, and includes, without limitation,

8-21 counties, cities, towns, boards, school districts and other districts organized

8-22 pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS,

8-23 NRS 450.550 to 450.750, inclusive, and any agency or department of a

8-24 county or city which prepares a budget separate from that of the parent

8-25 political subdivision.

8-26 [4.] 7. "Offense" means failing to:

8-27 (a) Pay the prevailing wage required pursuant to this chapter;

8-28 (b) Pay the contributions for unemployment compensation required

8-29 pursuant to chapter 612 of NRS; or

8-30 (c) Provide and secure compensation for employees required pursuant to

8-31 chapters 616A to 617, inclusive, of NRS.

8-32 [5.] 8. "Prime contractor" means a person who:

8-33 (a) Contracts to [complete] construct an entire project;

8-34 (b) Coordinates all work performed on the entire project;

8-35 (c) Uses his own work force to perform all or a part of the construction,

8-36 repair or reconstruction of the project; and

8-37 (d) Contracts for the services of any subcontractor or independent

8-38 contractor or is responsible for payment to any contracted subcontractors or

8-39 independent contractors.

8-40 [6.] 9. "Public body" means the state, county, city, town, school

8-41 district or any public agency of this state or its political subdivisions

8-42 sponsoring or financing a public work.

9-1 [7.] 10. "Public work" means any project for the new construction,

9-2 repair or reconstruction of:

9-3 (a) A project financed in whole or in part from public money for:

9-4 (1) Public buildings;

9-5 (2) Jails and prisons;

9-6 (3) Public roads;

9-7 (4) Public highways;

9-8 (5) Public streets and alleys;

9-9 (6) Public utilities which are financed in whole or in part by public

9-10 money;

9-11 (7) Publicly owned water mains and sewers;

9-12 (8) Public parks and playgrounds;

9-13 (9) Public convention facilities which are financed at least in part with

9-14 public funds; and

9-15 (10) Any other publicly owned works and property whose cost as a

9-16 whole exceeds $20,000.

9-17 Each separate unit that is a part of a project is included in the cost of the

9-18 project to determine whether a project meets that threshold.

9-19 (b) A building for the University and Community College System of

9-20 Nevada of which 25 percent or more of the costs of the building as a whole

9-21 are paid from money appropriated by this state or from federal money.

9-22 [8.] 11. "Specialty contractor" means a contractor whose operations

9-23 as such are the performance of construction work requiring special skill

9-24 and whose principal contracting business involves the use of specialized

9-25 building trades or crafts.

9-26 12. "Stand-alone underground utility project" means an

9-27 underground utility project that is not integrated into a larger project,

9-28 including, without limitation:

9-29 (a) An underground sewer line or an underground pipeline for the

9-30 conveyance of water, including facilities appurtenant thereto; and

9-31 (b) A project for the construction or installation of a storm drain,

9-32 including facilities appurtenant thereto,

9-33 that is not located at the site of a public work for the design and

9-34 construction of which a public body is authorized to contract with a

9-35 design-build team pursuant to subsection 2 of section 2 of this act.

9-36 13. "Wages" means:

9-37 (a) The basic hourly rate of pay; and

9-38 (b) The amount of pension, health and welfare, vacation and holiday

9-39 pay, the cost of apprenticeship training or other similar programs or other

9-40 bona fide fringe benefits which are a benefit to the workman.

10-1 [9.] 14. "Workman" means a skilled mechanic, skilled workman,

10-2 semiskilled mechanic, semiskilled workman or unskilled workman. The

10-3 term does not include a design professional . [as that term is defined in

10-4 NRS 338.155.]

10-5 Sec. 11. NRS 338.143 is hereby amended to read as follows:

10-6 338.143 1. Except as otherwise provided in subsection 6 and NRS

10-43 inspection a written statement containing:

11-1 (a) A list of all persons, including supervisors, whom the local

11-2 government intends to assign to the project, together with their

11-3 classifications and an estimate of the direct and indirect costs of their labor;

11-4 (b) A list of all equipment that the local government intends to use on

11-5 the project, together with an estimate of the number of hours each item of

11-6 equipment will be used and the hourly cost to use each item of equipment;

11-7 (c) An estimate of the cost of administrative support for the persons

11-8 assigned to the project;

11-9 (d) An estimate of the total cost of the project; and

11-10 (e) An estimate of the amount of money the local government expects to

11-11 save by rejecting the bids and performing the project itself.

11-12 6. This section does not apply to:

11-13 (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

11-14 (b) Any work of construction, reconstruction, improvement and

11-15 maintenance of highways subject to NRS 408.323 or 408.327;

11-16 (c) Normal maintenance of the property of a school district; [or]

11-17 (d) The Las Vegas Valley water district created pursuant to chapter 167,

11-18 Statutes of Nevada 1947, the Moapa Valley water district created pursuant

11-19 to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district

11-20 created pursuant to chapter 100, Statutes of Nevada 1993 [.] ; or

11-21 (e) The design and construction of a public work for which a public

11-22 body contracts with a design-build team pursuant to sections 2 to 9,

11-23 inclusive, of this act.

11-24 Sec. 12. NRS 338.143 is hereby amended to read as follows:

11-25 338.143 1. Except as otherwise provided in subsection 6, a local

11-43 government shall select contractors from the list in such a manner as to

12-1 afford each contractor an equal opportunity to bid on a public works

12-2 project. A properly licensed contractor must submit a written request

12-3 annually to the local government to remain on the list. Offers for bids

12-4 which are made pursuant to this subsection must be sent by certified mail.

12-5 3. Approved plans and specifications for the bids must be on file at a

12-6 place and time stated in the advertisement for the inspection of all persons

12-7 desiring to bid thereon and for other interested persons. Contracts for the

12-8 project must be awarded on the basis of bids received.

12-9 4. Any bids received in response to an advertisement for bids may be

12-10 rejected if the person responsible for awarding the contract determines that:

12-11 (a) The bidder is not responsive or responsible;

12-12 (b) The quality of the services, materials, equipment or labor offered

12-13 does not conform to the approved plan or specifications; or

12-14 (c) The public interest would be served by such a rejection.

12-15 5. Before a local government may commence a project subject to the

12-16 provisions of this section, based upon a determination that the public

12-17 interest would be served by rejecting any bids received in response to an

12-18 advertisement for bids, it shall prepare and make available for public

12-19 inspection a written statement containing:

12-20 (a) A list of all persons, including supervisors, whom the local

12-21 government intends to assign to the project, together with their

12-22 classifications and an estimate of the direct and indirect costs of their labor;

12-23 (b) A list of all equipment that the local government intends to use on

12-24 the project, together with an estimate of the number of hours each item of

12-25 equipment will be used and the hourly cost to use each item of equipment;

12-26 (c) An estimate of the cost of administrative support for the persons

12-27 assigned to the project;

12-28 (d) An estimate of the total cost of the project; and

12-29 (e) An estimate of the amount of money the local government expects to

12-30 save by rejecting the bids and performing the project itself.

12-31 6. This section does not apply to:

12-32 (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

12-33 (b) Any work of construction, reconstruction, improvement and

12-34 maintenance of highways subject to NRS 408.323 or 408.327;

12-35 (c) Normal maintenance of the property of a school district; [or]

12-36 (d) The Las Vegas Valley water district created pursuant to chapter 167,

12-37 Statutes of Nevada 1947, the Moapa Valley water district created pursuant

12-38 to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district

12-39 created pursuant to chapter 100, Statutes of Nevada 1993.

12-40 Sec. 13. NRS 338.147 is hereby amended to read as follows:

12-41 338.147 1. Except as otherwise provided in NRS 338.143 [,] and

12-43 contract for a public work to the contractor who submits the best bid.

13-1 2. Except as otherwise provided in subsection 8 or limited by

13-2 subsection 9, for the purposes of this section, a contractor who:

13-3 (a) Has been found to be a responsible and responsive contractor by the

13-4 local government; and

13-5 (b) At the time he submits his bid, provides to the local government a

13-6 copy of a certificate of eligibility to receive a preference in bidding on

13-7 public works issued to him by the state contractors’ board pursuant to

13-8 subsection 3,

13-9 shall be deemed to have submitted a better bid than a competing contractor

13-10 who has not provided a copy of such a valid certificate of eligibility if the

13-11 amount of his bid is not more than 5 percent higher than the amount bid by

13-12 the competing contractor.

13-13 3. The state contractors’ board shall issue a certificate of eligibility to

13-14 receive a preference in bidding on public works to a general contractor who

13-15 is licensed pursuant to the provisions of chapter 624 of NRS and submits to

13-16 the board an affidavit from a certified public accountant setting forth that

13-17 the general contractor has:

13-18 (a) Paid:

13-19 (1) The sales and use taxes imposed pursuant to chapters 372, 374

13-20 and 377 of NRS on materials used for construction in this state, including,

13-21 without limitation, construction that is undertaken or carried out on land

13-22 within the boundaries of this state that is managed by the Federal

13-23 Government or is on an Indian reservation or Indian colony, of not less than

13-24 $5,000 for each consecutive 12-month period for 60 months immediately

13-25 preceding the submission of the affidavit from the certified public

13-26 accountant;

13-27 (2) The motor vehicle privilege tax imposed pursuant to chapter 371

13-28 of NRS on the vehicles used in the operation of his business in this state of

13-29 not less than $5,000 for each consecutive 12-month period for 60 months

13-30 immediately preceding the submission of the affidavit from the certified

13-31 public accountant; or

13-32 (3) Any combination of such sales and use taxes and motor vehicle

13-33 privilege tax; or

13-34 (b) Acquired, by inheritance, gift or transfer through a stock option plan

13-35 for employees, all the assets and liabilities of a viable, operating

13-36 construction firm that possesses a:

13-37 (1) License as a general contractor pursuant to the provisions of

13-38 chapter 624 of NRS; and

13-39 (2) Certificate of eligibility to receive a preference in bidding on

13-40 public works.

13-41 4. For the purposes of complying with the requirements set forth in

13-42 paragraph (a) of subsection 3, a general contractor shall be deemed to have

13-43 paid:

14-1 (a) Sales and use taxes and motor vehicle privilege taxes paid in this

14-2 state by an affiliate or parent company of the contractor, if the affiliate or

14-3 parent company is also a general contractor; and

14-4 (b) Sales and use taxes paid in this state by a joint venture in which the

14-5 contractor is a participant, in proportion to the amount of interest the

14-6 contractor has in the joint venture.

14-7 5. A contractor who has received a certificate of eligibility to receive a

14-8 preference in bidding on public works from the state contractors’ board

14-9 pursuant to subsection 3 shall, at the time for the annual renewal of his

14-10 contractors’ license pursuant to NRS 624.283, submit to the board an

14-11 affidavit from a certified public accountant setting forth that the contractor

14-12 has, during the immediately preceding 12 months, paid the taxes required

14-13 pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold

14-14 such a certificate.

14-15 6. A contractor who fails to submit an affidavit to the board pursuant to

14-16 subsection 5 ceases to be eligible to receive a preference in bidding on

14-17 public works unless he reapplies for and receives a certificate of eligibility

14-18 pursuant to subsection 3.

14-19 7. If a contractor who applies to the state contractors’ board for a

14-20 certificate of eligibility to receive a preference in bidding on public works

14-21 submits false information to the board regarding the required payment of

14-22 taxes, the contractor is not eligible to receive a preference in bidding on

14-23 public works for a period of 5 years after the date on which the board

14-24 becomes aware of the submission of the false information.

14-25 8. If any federal statute or regulation precludes the granting of federal

14-26 assistance or reduces the amount of that assistance for a particular public

14-27 work because of the provisions of subsection 2, those provisions do not

14-28 apply insofar as their application would preclude or reduce federal

14-29 assistance for that work. The provisions of subsection 2 do not apply to any

14-30 contract for a public work which is expected to cost less than $250,000.

14-31 9. [If] Except as otherwise provided in subsection 2 of section 8 of

14-32 this act and subsection 2 of section 27 of this act, if a bid is submitted by

14-33 two or more contractors as a joint venture or by one of them as a joint

14-34 venturer, the provisions of subsection 2 apply only if both or all of the joint

14-35 venturers separately meet the requirements of that subsection.

14-36 10. The state contractors’ board shall adopt regulations and may assess

14-37 reasonable fees relating to the certification of contractors for a preference

14-38 in bidding on public works.

14-39 11. A person or entity who believes that a contractor wrongfully holds

14-40 a certificate of eligibility to receive a preference in bidding on public works

14-41 may challenge the validity of the certificate by filing a written objection

15-1 with the public body to which the contractor has submitted a bid or

15-2 proposal on a contract for the completion of a public work. A written

15-3 objection authorized pursuant to this subsection must:

15-4 (a) Set forth proof or substantiating evidence to support the belief of the

15-5 person or entity that the contractor wrongfully holds a certificate of

15-6 eligibility to receive a preference in bidding on public works; and

15-7 (b) Be filed with the public body at or after the time at which the

15-8 contractor submitted the bid or proposal to the public body and before the

15-9 time at which the public body awards the contract for which the bid or

15-10 proposal was submitted.

15-11 12. If a public body receives a written objection pursuant to subsection

15-12 11, the public body shall determine whether the objection is accompanied

15-13 by the proof or substantiating evidence required pursuant to paragraph (a)

15-14 of that subsection. If the public body determines that the objection is not

15-15 accompanied by the required proof or substantiating evidence, the public

15-16 body shall dismiss the objection and may proceed immediately to award the

15-17 contract. If the public body determines that the objection is accompanied

15-18 by the required proof or substantiating evidence, the public body shall

15-19 determine whether the contractor qualifies for the certificate pursuant to the

15-20 provisions of this section and may proceed to award the contract

15-21 accordingly.

15-22 Sec. 13.5. NRS 338.147 is hereby amended to read as follows:

15-23 338.147 1. Except as otherwise provided in NRS 338.143 , [and

15-24 sections 2 to 9, inclusive, of this act,] a local government shall award a

15-25 contract for a public work to the contractor who submits the best bid.

15-26 2. Except as otherwise provided in subsection 8 or limited by

15-27 subsection 9, for the purposes of this section, a contractor who:

15-28 (a) Has been found to be a responsible and responsive contractor by the

15-29 local government; and

15-30 (b) At the time he submits his bid, provides to the local government a

15-31 copy of a certificate of eligibility to receive a preference in bidding on

15-32 public works issued to him by the state contractors’ board pursuant to

15-33 subsection 3,

15-34 shall be deemed to have submitted a better bid than a competing contractor

15-35 who has not provided a copy of such a valid certificate of eligibility if the

15-36 amount of his bid is not more than 5 percent higher than the amount bid by

15-37 the competing contractor.

15-38 3. The state contractors’ board shall issue a certificate of eligibility to

15-39 receive a preference in bidding on public works to a general contractor who

15-40 is licensed pursuant to the provisions of chapter 624 of NRS and submits to

15-41 the board an affidavit from a certified public accountant setting forth that

15-42 the general contractor has:

16-1 (a) Paid:

16-2 (1) The sales and use taxes imposed pursuant to chapters 372, 374

16-3 and 377 of NRS on materials used for construction in this state, including,

16-4 without limitation, construction that is undertaken or carried out on land

16-5 within the boundaries of this state that is managed by the Federal

16-6 Government or is on an Indian reservation or Indian colony, of not less than

16-7 $5,000 for each consecutive 12-month period for 60 months immediately

16-8 preceding the submission of the affidavit from the certified public

16-9 accountant;

16-10 (2) The motor vehicle privilege tax imposed pursuant to chapter 371

16-11 of NRS on the vehicles used in the operation of his business in this state of

16-12 not less than $5,000 for each consecutive 12-month period for 60 months

16-13 immediately preceding the submission of the affidavit from the certified

16-14 public accountant; or

16-15 (3) Any combination of such sales and use taxes and motor vehicle

16-16 privilege tax; or

16-17 (b) Acquired, by inheritance, gift or transfer through a stock option plan

16-18 for employees, all the assets and liabilities of a viable, operating

16-19 construction firm that possesses a:

16-20 (1) License as a general contractor pursuant to the provisions of

16-21 chapter 624 of NRS; and

16-22 (2) Certificate of eligibility to receive a preference in bidding on

16-23 public works.

16-24 4. For the purposes of complying with the requirements set forth in

16-25 paragraph (a) of subsection 3, a general contractor shall be deemed to have

16-26 paid:

16-27 (a) Sales and use taxes and motor vehicle privilege taxes paid in this

16-28 state by an affiliate or parent company of the contractor, if the affiliate or

16-29 parent company is also a general contractor; and

16-30 (b) Sales and use taxes paid in this state by a joint venture in which the

16-31 contractor is a participant, in proportion to the amount of interest the

16-32 contractor has in the joint venture.

16-33 5. A contractor who has received a certificate of eligibility to receive a

16-34 preference in bidding on public works from the state contractors’ board

16-35 pursuant to subsection 3 shall, at the time for the annual renewal of his

16-36 contractors’ license pursuant to NRS 624.283, submit to the board an

16-37 affidavit from a certified public accountant setting forth that the contractor

16-38 has, during the immediately preceding 12 months, paid the taxes required

16-39 pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold

16-40 such a certificate.

16-41 6. A contractor who fails to submit an affidavit to the board pursuant to

16-42 subsection 5 ceases to be eligible to receive a preference in bidding on

17-1 public works unless he reapplies for and receives a certificate of eligibility

17-2 pursuant to subsection 3.

17-3 7. If a contractor who applies to the state contractors’ board for a

17-4 certificate of eligibility to receive a preference in bidding on public works

17-5 submits false information to the board regarding the required payment of

17-6 taxes, the contractor is not eligible to receive a preference in bidding on

17-7 public works for a period of 5 years after the date on which the board

17-8 becomes aware of the submission of the false information.

17-9 8. If any federal statute or regulation precludes the granting of federal

17-10 assistance or reduces the amount of that assistance for a particular public

17-11 work because of the provisions of subsection 2, those provisions do not

17-12 apply insofar as their application would preclude or reduce federal

17-13 assistance for that work. The provisions of subsection 2 do not apply to any

17-14 contract for a public work which is expected to cost less than $250,000.

17-15 9. [Except as otherwise provided in subsection 2 of section 8 of this act

17-16 and subsection 2 of section 27 of this act, if] If a bid is submitted by two or

17-17 more contractors as a joint venture or by one of them as a joint venturer,

17-18 the provisions of subsection 2 apply only if both or all of the joint venturers

17-19 separately meet the requirements of that subsection.

17-20 10. The state contractors’ board shall adopt regulations and may assess

17-21 reasonable fees relating to the certification of contractors for a preference

17-22 in bidding on public works.

17-23 11. A person or entity who believes that a contractor wrongfully holds

17-24 a certificate of eligibility to receive a preference in bidding on public works

17-25 may challenge the validity of the certificate by filing a written objection

17-26 with the public body to which the contractor has submitted a bid or

17-27 proposal on a contract for the completion of a public work. A written

17-28 objection authorized pursuant to this subsection must:

17-29 (a) Set forth proof or substantiating evidence to support the belief of the

17-30 person or entity that the contractor wrongfully holds a certificate of

17-31 eligibility to receive a preference in bidding on public works; and

17-32 (b) Be filed with the public body at or after the time at which the

17-33 contractor submitted the bid or proposal to the public body and before the

17-34 time at which the public body awards the contract for which the bid or

17-35 proposal was submitted.

17-36 12. If a public body receives a written objection pursuant to subsection

17-37 11, the public body shall determine whether the objection is accompanied

17-38 by the proof or substantiating evidence required pursuant to paragraph (a)

17-39 of that subsection. If the public body determines that the objection is not

17-40 accompanied by the required proof or substantiating evidence, the public

17-41 body shall dismiss the objection and may proceed immediately to award the

17-42 contract. If the public body determines that the objection is accompanied

17-43 by the required proof or substantiating evidence, the public body shall

18-1 determine whether the contractor qualifies for the certificate pursuant to the

18-2 provisions of this section and may proceed to award the contract

18-3 accordingly.

18-4 Sec. 14. NRS 338.155 is hereby amended to read as follows:

18-5 338.155 [1.] If a public body enters into a contract with a design

18-26 625 of NRS.] of subsection 1.

18-27 Sec. 14.5. NRS 341.161 is hereby amended to read as follows:

18-28 341.161 1. The board may, with the approval of the interim finance

18-29 committee when the legislature is not in regular or special session, or with

18-30 the approval of the legislature by concurrent resolution when the legislature

18-31 is in regular or special session, let to a contractor licensed under chapter

18-32 624 of NRS a contract for services which assist the architect in the design

18-33 of a project of capital improvement. The board shall for that purpose

18-34 participate in the development of plans, outlines of specifications and

18-35 estimates of costs.

18-36 2. The board shall adopt regulations establishing procedures for:

18-37 (a) The determination of the qualifications of contractors to bid for

18-38 contracts for services described in subsection 1.

18-39 (b) The bidding and awarding of such contracts, subject to the

18-40 provisions of subsection 3.

19-1 (c) The awarding of construction contracts [, subject to the provisions of

19-2 subsection 4,] based on a final cost of the project which the contractor

19-3 guarantees will not be exceeded.

19-4 (d) The scheduling and controlling of projects.

19-5 3. Bids on contracts for services which assist the architect in the design

19-6 of a project of capital improvement must state separately the contractor’s

19-7 cost for:

19-8 (a) Assisting the architect in the design of the project.

19-9 (b) Obtaining all bids for subcontracts.

19-10 (c) Administering the construction contract.

19-11 4. [A contractor who is:

19-12 (a) Qualified under the regulations of the board to bid for a contract for

19-13 services described in subsection 1; and

19-14 (b) Awarded that contract,

19-15 is entitled to be awarded the construction contract for the project if his

19-16 work under the contract for services is satisfactory to the board and he

19-17 guarantees a final cost for the project which the board is willing to accept.

19-18 5.] A person who furnishes services under a contract awarded pursuant

19-19 to subsection 1 is a contractor subject to all provisions pertaining to a

19-20 contractor in Title 28 of NRS.

19-21 Sec. 15. Chapter 408 of NRS is hereby amended by adding thereto the

19-22 provisions set forth as sections 16 to 28, inclusive, of this act.

19-23 Sec. 16. As used in sections 16 to 28, inclusive, of this act, unless the

19-24 context otherwise requires, the words and terms defined in sections 17 to

19-25 20, inclusive, of this act have the meanings ascribed to them in those

19-26 sections.

19-27 Sec. 17. "Design-build contract" means a contract between the

19-28 department and a design-build team in which the design-build team

19-29 agrees to design and construct a project.

19-30 Sec. 18. "Design-build team" means an entity that consists of:

19-31 1. At least one person who is licensed as a general engineering

19-32 contractor or a general building contractor pursuant to NRS 624.230 to

19-33 624.320, inclusive; and

19-34 2. At least one person who holds a certificate of registration to

19-35 practice architecture pursuant to chapter 623 of NRS or is licensed as a

19-36 professional engineer pursuant to chapter 625 of NRS.

19-37 Sec. 19. "Prime contractor" means a person who:

19-38 1. Contracts to construct an entire project;

19-39 2. Coordinates all work performed on the entire project;

19-40 3. Uses his own workforce to perform all or a part of the

19-41 construction of the project; and

20-1 4. Contracts for the services of any subcontractor or independent

20-2 contractor or is responsible for payment to any contracted subcontractors

20-3 or independent contractors.

20-4 Sec. 20. "Project" means a project for the construction,

20-5 reconstruction or improvement of a highway.

20-6 Sec. 21. 1. The department may contract with a design-build team

20-7 for the design and construction of a project if the department determines

20-8 that:

20-9 (a) Except as otherwise provided in subsection 2, the estimated cost of

20-10 the project exceeds $30,000,000; and

20-11 (b) Contracting with a design-build team will enable the department

20-12 to:

20-13 (1) Design and construct the project at a cost that is significantly

20-14 lower than the cost that the department would incur to design and

20-15 construct the project using a different method;

20-16 (2) Design and construct the project in a shorter time than would be

20-17 required to complete the project using a different method, if exigent

20-18 circumstances require that the project be designed and constructed

20-19 within a short time; or

20-20 (3) Ensure that the design and construction of the project is

20-21 properly coordinated, if the project is unique, highly technical and

20-22 complex in nature.

20-23 2. Notwithstanding the provisions of subsection 1, the department

20-24 may, once in each fiscal year, contract with a design-build team for the

20-25 design and construction of a project the estimated cost of which is at least

20-26 $5,000,000 but less than $30,000,000 if the department makes the

20-27 determinations otherwise required pursuant to paragraph (b) of

20-28 subsection 1.

20-29 Sec. 22. 1. The department shall not contract with a design-build

20-30 team with respect to a project unless the board makes the determinations,

20-31 at a public meeting, that are required pursuant to section 21 of this act.

20-32 2. If the department is required to hold a public meeting pursuant to

20-33 this section, the department shall publish notice of the meeting at least

20-34 once each week for 3 consecutive weeks in:

20-35 (a) A newspaper of general circulation published in each county in

20-36 which the project is proposed to be constructed or, if there is no such

20-37 newspaper, in a newspaper of general circulation in each county

20-38 published in this state; and

20-39 (b) A newspaper of general circulation in this state.

20-40 Sec. 23. If the department desires to contract with a design-build

20-41 team pursuant to sections 21 and 22 of this act, the department must

20-42 select the design-build team in accordance with sections 24 to 27,

20-43 inclusive, of this act.

21-1 Sec. 24. 1. The department shall advertise for preliminary

21-2 proposals for the design and construction of a project by a design-build

21-3 team at least twice each week for 3 consecutive weeks in:

21-4 (a) A newspaper of general circulation published in each county in

21-5 which the project is proposed to be constructed or, if there is no such

21-6 newspaper, in a newspaper of general circulation in each county

21-7 published in this state; and

21-8 (b) A newspaper of general circulation in this state.

21-9 2. A request for preliminary proposals published pursuant to

21-10 subsection 1 must include, without limitation:

21-11 (a) A description of the proposed project;

21-12 (b) Separate estimates of the costs of designing and constructing the

21-13 project;

21-14 (c) The dates on which it is anticipated that the separate phases of the

21-15 design and construction of the project will begin and end;

21-16 (d) A statement setting forth the place and time in which a design-

21-17 build team desiring to submit a proposal for the project may obtain the

21-18 information necessary to submit a proposal, including, without

21-19 limitation, the extent to which designs must be completed for both

21-20 preliminary and final proposals and any other requirements for the

21-21 design and construction of the project that the department determines to

21-22 be necessary;

21-23 (e) A list of the requirements set forth in section 25 of this act;

21-24 (f) A list of the factors that the department will use to evaluate design-

21-25 build teams who submit a proposal for the project, including, without

21-26 limitation:

21-27 (1) The relative weight to be assigned to each factor; and

21-28 (2) A disclosure of whether the factors that are not related to cost

21-29 are, when considered as a group, more or less important in the process of

21-30 evaluation than the factor of cost;

21-31 (g) Notice that a design-build team desiring to submit a proposal for

21-32 the project must include with its proposal the information used by the

21-33 department to determine finalists among the design-build teams

21-34 submitting proposals pursuant to subsection 2 of section 26 of this act

21-35 and a description of that information;

21-36 (h) A statement that a design-build team whose prime contractor

21-37 holds a certificate of eligibility to receive a preference in bidding on

21-38 public works issued pursuant to NRS 338.147 should submit a copy of

21-39 the certificate of eligibility with its proposal;

21-40 (i) A statement as to whether a bidding design-build team that is

21-41 selected as a finalist pursuant to section 26 of this act but is not awarded

21-42 the design-build contract pursuant to section 27 of this act will be

22-1 partially reimbursed for the cost of preparing a final proposal and, if so,

22-2 an estimate of the amount of the partial reimbursement; and

22-3 (j) The date by which preliminary proposals must be submitted to the

22-4 department, which must not be less than 30 days or more than 60 days

22-5 after the date on which the request for preliminary proposals is first

22-6 published in a newspaper pursuant to subsection 1.

22-7 Sec. 25. To qualify to participate in the design and construction of a

22-8 project for the department, a design-build team must:

22-9 1. Obtain a performance bond and payment bond as the department

22-10 may require;

22-11 2. Obtain insurance covering general liability and liability for errors

22-12 and omissions;

22-13 3. Not have been found liable for breach of contract with respect to a

22-14 previous project, other than a breach for legitimate cause;

22-15 4. Not have been disqualified from being awarded a contract

22-16 pursuant to NRS 338.017, 338.145 or 408.333; and

22-17 5. Ensure that the members of the design-build team possess the

22-18 licenses and certificates required to carry out the functions of their

22-19 respective professions within this state.

22-20 Sec. 26. 1. At least 30 days after the date by which preliminary

22-21 proposals must be submitted to the department, the department shall

22-22 select at least three but not more than five finalists from among the

22-23 design-build teams that submitted preliminary proposals. If the

22-24 department does not receive at least three preliminary proposals from

22-25 design-build teams that the department determines to be qualified

22-26 pursuant to this section and section 25 of this act, the department may

22-27 not contract with a design-build team for the design and construction of

22-28 the project.

22-29 2. The department shall select finalists pursuant to subsection 1 by:

22-30 (a) Verifying that each design-build team which submitted a

22-31 preliminary proposal satisfies the requirements of section 25 of this act;

22-32 and

22-33 (b) Conducting an evaluation of the qualifications of each design-

22-34 build team that submitted a preliminary proposal, including, without

22-35 limitation, an evaluation of:

22-36 (1) The professional qualifications and experience of the members

22-37 of the design-build team;

22-38 (2) The performance history of the members of the design-build

22-39 team concerning other recent, similar projects completed by those

22-40 members, if any;

22-41 (3) The safety programs established and the safety records

22-42 accumulated by the members of the design-build team; and

23-1 (4) The proposed plan of the design-build team to manage the

23-2 design and construction of the project that sets forth in detail the ability

23-3 of the design-build team to design and construct the project.

23-4 Sec. 27. 1. After selecting the finalists pursuant to section 26 of

23-5 this act, the department shall provide to each finalist a request for final

23-6 proposals for the project. The request for final proposals must:

23-7 (a) Set forth the factors that the department will use to select a design-

23-8 build team to design and construct the project, including the relative

23-9 weight to be assigned to each factor; and

23-10 (b) Set forth the date by which final proposals must be submitted to

23-11 the department.

23-12 2. A final proposal submitted by a design-build team pursuant to this

23-13 section must be prepared thoroughly, be responsive to the criteria that the

23-14 department will use to select a design-build team to design and construct

23-15 the project described in subsection 1 and comply with the provisions of

23-16 NRS 338.144. If the cost of construction is a factor in the selection of a

23-17 design-build team, a design-build team whose prime contractor has

23-18 submitted with its proposal a certificate of eligibility to receive a

23-19 preference in bidding on public works issued pursuant to NRS 338.147

23-20 shall be deemed to have submitted a better proposal than a competing

23-21 design-build team whose prime contractor has not submitted such a

23-22 certificate of eligibility if the amount proposed by the design-build team

23-23 is not more than 5 percent higher than the amount proposed by the

23-24 competing design-build team.

23-25 3. At least 30 days after receiving the final proposals for the project,

23-26 the department shall:

23-27 (a) Select the most cost-effective and responsive final proposal, using

23-28 the criteria set forth pursuant to subsection 1; or

23-29 (b) Reject all the final proposals.

23-30 4. If the department selects a final proposal pursuant to paragraph

23-31 (a) of subsection 3, the department shall hold a public meeting to:

23-32 (a) Review and ratify the selection.

23-33 (b) Award the design-build contract to the design-build team whose

23-34 proposal is selected.

23-35 (c) Partially reimburse the unsuccessful finalists if partial

23-36 reimbursement was provided for in the request for preliminary proposals

23-37 pursuant to paragraph (i) of subsection 2 of section 24 of this act. The

23-38 amount of reimbursement must not exceed, for each unsuccessful

23-39 finalist, three percent of the total amount to be paid to the design-build

23-40 team as set forth in the design-build contract.

23-41 (d) Make available to the public a summary setting forth the factors

23-42 used by the department to select the successful design-build team and the

23-43 ranking of the design-build teams who submitted final proposals. The

24-1 department shall not release to a third party, or otherwise make public,

24-2 financial or proprietary information submitted by a design-build team.

24-3 5. A contract awarded pursuant to this section must specify:

24-4 (a) An amount that is the maximum amount that the department will

24-5 pay for the performance of all the work required by the contract,

24-6 excluding any amount related to costs that may be incurred as a result of

24-7 unexpected conditions or occurrences as authorized by the contract;

24-8 (b) An amount that is the maximum amount that the department will

24-9 pay for the performance of the professional services required by the

24-10 contract; and

24-11 (c) A date by which performance of the work required by the contract

24-12 must be completed.

24-13 6. A design-build team to whom a contract is awarded pursuant to

24-14 this section shall:

24-15 (a) Assume overall responsibility for ensuring that the design and

24-16 construction of the project is completed in a satisfactory manner; and

24-17 (b) Use the work force of the prime contractor on the design-build

24-18 team to construct at least 15 percent of the project.

24-19 Sec. 28. The department may employ a registered architect or

24-20 licensed professional engineer as a consultant to assist the department in

24-21 overseeing the construction of a project. An architect or engineer so

24-22 employed shall not:

24-23 1. Construct, reconstruct or improve the highway; or

24-24 2. Assume overall responsibility for ensuring that the construction of

24-25 the project is completed in a satisfactory manner.

24-26 Sec. 29. NRS 408.215 is hereby amended to read as follows:

24-27 408.215 1. The director has charge of all the records of the

24-41 carry out and enforce the provisions of this chapter.

25-1 Sec. 30. NRS 408.317 is hereby amended to read as follows:

25-2 408.317 1. [All] Except as otherwise provided in sections 16 to 28,

25-9 department must be paid out of the state highway fund.

25-10 Sec. 31. NRS 408.327 is hereby amended to read as follows:

25-11 408.327 Except as otherwise provided in sections 16 to 28, inclusive,

25-28 for opening bids.

25-29 Sec. 32. NRS 408.333 is hereby amended to read as follows:

25-30 408.333 Except as otherwise provided in sections 16 to 28, inclusive,

25-43 the regulations of the department.

26-1 3. Whenever the director is not satisfied with the sufficiency of the

26-2 answers contained in the questionnaire and financial statement, he may

26-3 refuse to furnish the person with plans and specifications and the official

26-4 proposal forms on the advertised project. Any bid of any person to whom

26-5 plans and specifications and the official proposal forms have not been

26-6 issued in accordance with this section must be disregarded, and the certified

26-7 check, cash or undertaking of such a bidder returned forthwith.

26-8 4. Any person who is disqualified by the director, in accordance with

26-9 the provisions of this section, may request, in writing, a hearing before the

26-10 director and present again his check, cash or undertaking and such further

26-11 evidence with respect to his financial responsibility, organization, plant and

26-12 equipment, or experience, as might tend to justify, in his opinion, issuance

26-13 to him of the plans and specifications for the work.

26-14 5. Such a person may appeal the decision of the director to the board

26-15 no later than 5 days before the opening of the bids on the project. If the

26-16 appeal is sustained by the board, the person must be granted the rights and

26-17 privileges of all other bidders.

26-18 Sec. 33. NRS 408.337 is hereby amended to read as follows:

26-19 408.337 Except as otherwise provided in sections 16 to 28, inclusive,

26-42 finally executed and the bond given as required under the provisions of the

27-1 contract, at which time the security must be returned. The bidder’s security

27-2 submitted by all other unsuccessful bidders must be returned to them within