A.B. 461
Assembly Bill No. 461–Assemblyman Parks
March 19, 2001
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to qualification of bidders on certain contracts for public works in this state. (BDR 28‑591)
FISCAL NOTE: Effect on Local Government: No.
~
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 public works; eliminating the requirement that the state public works board or a governing body of a local government have a public hearing before adopting criteria for the qualification of bidders on a contract for a public work; requiring the board or governing body to disqualify persons from bidding on public works contracts in certain circumstances based on their past performance on contracts for public works; requiring the appointment of a committee to evaluate bids for certain public works projects; establishing criteria for evaluating certain bids for a public work to determine whether a bid is a best bid; repealing the provision providing an exemption from qualifying to bid for public works; 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 338.010 is hereby amended to read as follows:
1-2 338.010 As used in this chapter:
1-3 1. “Day labor” means all cases where public bodies, their officers,
1-4 agents or employees, hire, supervise and pay the wages thereof directly to a
1-5 workman or workmen employed by them on public works by the day and
1-6 not under a contract in writing.
1-7 2. “Design-build contract” means a contract between a public body
1-8 and a design-build team in which the design-build team agrees to design
1-9 and construct a public work.
1-10 3. “Design-build team” means an entity that consists of:
1-11 (a) At least one person who is licensed as a general engineering
1-12 contractor or a general building contractor pursuant to chapter 624 of NRS;
1-13 and
1-14 (b) For a public work that consists of:
1-15 (1) A building and its site, at least one person who holds a certificate
1-16 of registration to practice architecture pursuant to chapter 623 of NRS.
2-1 (2) Anything other than a building and its site, at least one person
2-2 who holds a certificate of registration to practice architecture pursuant to
2-3 chapter 623 of NRS or is licensed as a professional engineer pursuant to
2-4 chapter 625 of NRS.
2-5 4. “Design professional” means a person with a professional license or
2-6 certificate issued pursuant to chapter 623, 623A or 625 of NRS.
2-7 5. “Eligible bidder” means a person who is:
2-8 (a) Found to be a responsible and responsive contractor by a local
2-9 government which requests bids for a public work in accordance with
2-10 paragraph (b) of subsection 1 of NRS 338.1373; or
2-11 (b) Determined by a public body which awarded a contract for a public
2-12 work pursuant to NRS 338.1375 to 338.1389, inclusive, to be qualified to
2-13 bid on that contract pursuant to NRS 338.1379 . [or was exempt from
2-14 meeting such qualifications pursuant to NRS 338.1383.]
2-15 6. “Local government” means every political subdivision or other
2-16 entity which has the right to levy or receive money from ad valorem or
2-17 other taxes or any mandatory assessments, and includes, without limitation,
2-18 counties, cities, towns, boards, school districts and other districts organized
2-19 pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS,
2-20 NRS 450.550 to 450.750, inclusive, and any agency or department of a
2-21 county or city which prepares a budget separate from that of the parent
2-22 political subdivision.
2-23 7. “Offense” means failing to:
2-24 (a) Pay the prevailing wage required pursuant to this chapter;
2-25 (b) Pay the contributions for unemployment compensation required
2-26 pursuant to chapter 612 of NRS; or
2-27 (c) Provide and secure compensation for employees required pursuant
2-28 to chapters 616A to 617, inclusive, of NRS.
2-29 8. “Prime contractor” means a person who:
2-30 (a) Contracts to construct an entire project;
2-31 (b) Coordinates all work performed on the entire project;
2-32 (c) Uses his own work force to perform all or a part of the construction,
2-33 repair or reconstruction of the project; and
2-34 (d) Contracts for the services of any subcontractor or independent
2-35 contractor or is responsible for payment to any contracted subcontractors or
2-36 independent contractors.
2-37 9. “Public body” means the state, county, city, town, school district or
2-38 any public agency of this state or its political subdivisions sponsoring or
2-39 financing a public work.
2-40 10. “Public work” means any project for the new construction, repair
2-41 or reconstruction of:
2-42 (a) A project financed in whole or in part from public money for:
2-43 (1) Public buildings;
2-44 (2) Jails and prisons;
2-45 (3) Public roads;
2-46 (4) Public highways;
2-47 (5) Public streets and alleys;
2-48 (6) Public utilities which are financed in whole or in part by public
2-49 money;
3-1 (7) Publicly owned water mains and sewers;
3-2 (8) Public parks and playgrounds;
3-3 (9) Public convention facilities which are financed at least in part
3-4 with public funds; and
3-5 (10) All other publicly owned works and property whose cost as a
3-6 whole exceeds $20,000.
3-7 Each separate unit that is a part of a project is included in the cost of the
3-8 project to determine whether a project meets that threshold.
3-9 (b) A building for the University and Community College System of
3-10 Nevada of which 25 percent or more of the costs of the building as a whole
3-11 are paid from money appropriated by this state or from federal money.
3-12 11. “Specialty contractor” means a contractor whose operations as
3-13 such are the performance of construction work requiring special skill and
3-14 whose principal contracting business involves the use of specialized
3-15 building trades or crafts.
3-16 12. “Stand-alone underground utility project” means an underground
3-17 utility project that is not integrated into a larger project, including, without
3-18 limitation:
3-19 (a) An underground sewer line or an underground pipeline for the
3-20 conveyance of water, including facilities appurtenant thereto; and
3-21 (b) A project for the construction or installation of a storm drain,
3-22 including facilities appurtenant thereto,
3-23 that is not located at the site of a public work for the design and
3-24 construction of which a public body is authorized to contract with a design-
3-25 build team pursuant to subsection 2 of NRS 338.1711.
3-26 13. “Wages” means:
3-27 (a) The basic hourly rate of pay; and
3-28 (b) The amount of pension, health and welfare, vacation and holiday
3-29 pay, the cost of apprenticeship training or other similar programs , or other
3-30 bona fide fringe benefits which are a benefit to the workman.
3-31 14. “Workman” means a skilled mechanic, skilled workman,
3-32 semiskilled mechanic, semiskilled workman or unskilled workman. The
3-33 term does not include a design professional.
3-34 Sec. 2. NRS 338.010 is hereby amended to read as follows:
3-35 338.010 As used in this chapter:
3-36 1. “Day labor” means all cases where public bodies, their officers,
3-37 agents or employees, hire, supervise and pay the wages thereof directly to a
3-38 workman or workmen employed by them on public works by the day and
3-39 not under a contract in writing.
3-40 2. “Eligible bidder” means a person who is:
3-41 (a) Found to be a responsible and responsive contractor by a local
3-42 government which requests bids for a public work in accordance with
3-43 paragraph (b) of subsection 1 of NRS 338.1373; or
3-44 (b) Determined by a public body which awarded a contract for a public
3-45 work pursuant to NRS 338.1375 to 338.1389, inclusive, to be qualified to
3-46 bid on that contract pursuant to NRS 338.1379 . [or was exempt from
3-47 meeting such qualifications pursuant to NRS 338.1383.]
3-48 3. “Local government” means every political subdivision or other
3-49 entity which has the right to levy or receive money from ad valorem or
4-1 other taxes or any mandatory assessments, and includes, without limitation,
4-2 counties, cities, towns, boards, school districts and other districts organized
4-3 pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS,
4-4 NRS 450.550 to 450.750, inclusive, and any agency or department of a
4-5 county or city which prepares a budget separate from that of the parent
4-6 political subdivision.
4-7 4. “Offense” means failing to:
4-8 (a) Pay the prevailing wage required pursuant to this chapter;
4-9 (b) Pay the contributions for unemployment compensation required
4-10 pursuant to chapter 612 of NRS; or
4-11 (c) Provide and secure compensation for employees required pursuant
4-12 to chapters 616A to 617, inclusive, of NRS.
4-13 5. “Prime contractor” means a person who:
4-14 (a) Contracts to complete an entire project;
4-15 (b) Coordinates all work performed on the entire project;
4-16 (c) Uses his own work force to perform all or a part of the construction,
4-17 repair or reconstruction of the project; and
4-18 (d) Contracts for the services of any subcontractor or independent
4-19 contractor or is responsible for payment to any contracted subcontractors or
4-20 independent contractors.
4-21 6. “Public body” means the state, county, city, town, school district or
4-22 any public agency of this state or its political subdivisions sponsoring or
4-23 financing a public work.
4-24 7. “Public work” means any project for the new construction, repair or
4-25 reconstruction of:
4-26 (a) A project financed in whole or in part from public money for:
4-27 (1) Public buildings;
4-28 (2) Jails and prisons;
4-29 (3) Public roads;
4-30 (4) Public highways;
4-31 (5) Public streets and alleys;
4-32 (6) Public utilities which are financed in whole or in part by public
4-33 money;
4-34 (7) Publicly owned water mains and sewers;
4-35 (8) Public parks and playgrounds;
4-36 (9) Public convention facilities which are financed at least in part
4-37 with public funds; and
4-38 (10) Any other publicly owned works and property whose cost as a
4-39 whole exceeds $20,000. Each separate unit that is a part of a project is
4-40 included in the cost of the project to determine whether a project meets that
4-41 threshold.
4-42 (b) A building for the University and Community College System of
4-43 Nevada of which 25 percent or more of the costs of the building as a whole
4-44 are paid from money appropriated by this state or from federal money.
4-45 8. “Wages” means:
4-46 (a) The basic hourly rate of pay; and
4-47 (b) The amount of pension, health and welfare, vacation and holiday
4-48 pay, the cost of apprenticeship training or other similar programs , or other
4-49 bona fide fringe benefits which are a benefit to the workman.
5-1 9. “Workman” means a skilled mechanic, skilled workman,
5-2 semiskilled mechanic, semiskilled workman or unskilled workman. The
5-3 term does not include a “design professional” as that term is defined in
5-4 NRS 338.155.
5-5 Sec. 3. NRS 338.1373 is hereby amended to read as follows:
5-6 338.1373 1. A local government shall award a contract for the
5-7 construction, alteration or repair of a public work pursuant to the
5-8 provisions of:
5-9 (a) NRS 338.1375 to 338.1389, inclusive; or
5-10 (b) NRS 338.143, 338.145 and 338.147.
5-11 2. The provisions of NRS 338.1375 to [338.1383,] 338.1381,
5-12 inclusive, do not apply with respect to contracts for the construction,
5-13 reconstruction, improvement and maintenance of highways that are
5-14 awarded by the department of transportation pursuant to NRS 408.313 to
5-15 408.433, inclusive.
5-16 Sec. 4. NRS 338.1375 is hereby amended to read as follows:
5-17 338.1375 1. [Except as otherwise provided in NRS 338.1383, a] A
5-18 public body shall not accept a bid on a contract for a public work unless the
5-19 person who submits the bid has qualified pursuant to NRS 338.1379 to bid
5-20 on that contract.
5-21 2. The governing body of each local government that sponsors or
5-22 finances a public work may adopt criteria for the qualification of bidders
5-23 on contracts for public works of the local government. If a governing body
5-24 adopts criteria pursuant to this subsection, the governing body shall use the
5-25 criteria to determine the qualification of bidders on contracts for public
5-26 works of the local government.
5-27 3. The state public works board shall adopt criteria for the qualification
5-28 of bidders on contracts for public works of this state. The criteria adopted
5-29 by the state public works board pursuant to this subsection must be used by
5-30 the state public works board to determine the qualification of bidders on
5-31 contracts for public works of this state.
5-32 [4. Before adopting criteria pursuant to this section, the state public
5-33 works board or a governing body shall hold at least one public hearing to
5-34 solicit and evaluate public opinion regarding the criteria to be adopted.
5-35 Notice of such a hearing must be provided by mail at least 10 days before
5-36 the hearing to:
5-37 (a) Construction trade associations; and
5-38 (b) Labor unions representing trades in the building industry.]
5-39 Sec. 5. NRS 338.1377 is hereby amended to read as follows:
5-40 338.1377 The criteria adopted by the state public works board or a
5-41 governing body pursuant to NRS 338.1375 to determine whether an
5-42 applicant is qualified to bid on a contract for a public work[:
5-43 1. Must be] must:
5-44 1. Be adopted in such a form that the determination of whether an
5-45 applicant is qualified to bid on a contract for a public work does not require
5-46 or allow the exercise of discretion by any one person.
5-47 2. [May include only:] Include, without limitation, an evaluation of:
5-48 (a) The financial ability of the applicant to perform the contract;
5-49 (b) The principal personnel of the applicant;
6-1 (c) Whether the applicant has breached any contracts with a public
6-2 agency or person in this state or any other state; [and]
6-3 (d) Whether the applicant has sufficient supervisory personnel and
6-4 equipment to perform the contract;
6-5 (e) The past performance of the applicant on contracts for public
6-6 works, including, without limitation, the failure of the applicant to
6-7 perform any contract for a public work:
6-8 (1) In the manner specified by the contract;
6-9 (2) Within the time specified by the contract; and
6-10 (3) For the amount of money specified by the contract;
6-11 (f) Whether the applicant has been disqualified from being awarded the
6-12 contract pursuant to NRS 338.017 or 338.1387[.] ; and
6-13 (g) Any additional factors that the state public works board or the
6-14 governing body considers necessary to make its determination.
6-15 Sec. 6. NRS 338.1379 is hereby amended to read as follows:
6-16 338.1379 1. [Except as otherwise provided in NRS 338.1383, a] A
6-17 person who wishes to qualify as a bidder on a contract for a public work
6-18 must submit an application to the state public works board or the governing
6-19 body.
6-20 2. Upon receipt of an application pursuant to subsection 1, the state
6-21 public works board or the governing body shall:
6-22 (a) Investigate the applicant to determine whether he is qualified to bid
6-23 on the contract; and
6-24 (b) After conducting the investigation, determine whether the applicant
6-25 is qualified to bid on the contract.
6-26 The state public works board or the governing body shall deny the
6-27 application of an applicant if, after applying the criteria set forth in
6-28 subsection 2 of NRS 338.1377, the state public works board determines
6-29 that the record of the applicant in performing contracts for public works
6-30 demonstrates a pattern of repeated poor performance or substandard
6-31 workmanship or repeatedly exceeding the estimated costs specified in the
6-32 contracts for public works by a substantial margin. The determination of
6-33 whether the applicant is qualified to bid on the contract must be made
6-34 within 30 days after receipt of the application.
6-35 3. The state public works board or the governing body shall notify
6-36 each applicant in writing of its determination. If an application is denied,
6-37 the notice must set forth the reasons for the denial and inform the applicant
6-38 of his right to a hearing pursuant to NRS 338.1381.
6-39 4. The state public works board or the governing body shall not use
6-40 any criteria other than the criteria described in NRS 338.1377 in
6-41 determining whether to approve or deny an application.
6-42 5. Financial information and other data pertaining to the net worth of
6-43 an applicant which is gathered by or provided to the state public works
6-44 board or a governing body to determine the financial ability of an applicant
6-45 to perform a contract is confidential and not open to public inspection.
6-46 Sec. 7. NRS 338.1385 is hereby amended to read as follows:
6-47 338.1385 1. Except as otherwise provided in subsection 7 and NRS
6-48 338.1906 and 338.1907, this state, or a local government that awards a
6-49 contract for the construction, alteration or repair of a public work in
7-1 accordance with paragraph (a) of subsection 1 of NRS 338.1373, or a
7-2 public officer, public employee or other person responsible for awarding a
7-3 contract for the construction, alteration or repair of a public work who
7-4 represents the state or the local government, shall not:
7-5 (a) Commence such a project for which the estimated cost exceeds
7-6 $100,000 unless it advertises in a newspaper of general circulation in this
7-7 state for bids for the project; or
7-8 (b) Divide such a project into separate portions to avoid the
7-9 requirements of paragraph (a).
7-10 2. Except as otherwise provided in subsection 7, a public body that
7-11 maintains a list of properly licensed contractors who are interested in
7-12 receiving offers to bid on public works projects for which the estimated
7-13 cost is more than $25,000 but less than $100,000 shall solicit bids from not
7-14 more than three of the contractors on the list for a contract of that value for
7-15 the construction, alteration or repair of a public work. The public body
7-16 shall select contractors from the list in such a manner as to afford each
7-17 contractor an equal opportunity to bid on a public works project. A
7-18 properly licensed contractor must submit a written request annually to the
7-19 public body to remain on the list. Offers for bids which are made pursuant
7-20 to this subsection must be sent by certified mail.
7-21 3. Each advertisement for bids must include a provision that sets forth:
7-22 (a) The requirement that a contractor must be qualified pursuant to NRS
7-23 338.1379 to bid on the contract ; [or must be exempt from meeting such
7-24 qualifications pursuant to NRS 338.1383;] and
7-25 (b) The period during which an application to qualify as a bidder on the
7-26 contract must be submitted.
7-27 4. Approved plans and specifications for the bids must be on file at a
7-28 place and time stated in the advertisement for the inspection of all persons
7-29 desiring to bid thereon and for other interested persons. Contracts for the
7-30 project must be awarded on the basis of bids received.
7-31 5. Any bids received in response to an advertisement for bids may be
7-32 rejected if the person responsible for awarding the contract determines that:
7-33 (a) The bidder is not a qualified bidder pursuant to NRS 338.1379 ; [,
7-34 unless the bidder is exempt from meeting such qualifications pursuant to
7-35 NRS 338.1383;]
7-36 (b) The bidder is not responsive;
7-37 (c) The quality of the services, materials, equipment or labor offered
7-38 does not conform to the approved plan or specifications; or
7-39 (d) The public interest would be served by such a rejection.
7-40 6. Before the state or a local government may commence a project
7-41 subject to the provisions of this section, based upon a determination that
7-42 the public interest would be served by rejecting any bids received in
7-43 response to an advertisement for bids, it shall prepare and make available
7-44 for public inspection a written statement containing:
7-45 (a) A list of all persons, including supervisors, whom the state or the
7-46 local government intends to assign to the project, together with their
7-47 classifications and an estimate of the direct and indirect costs of their labor;
7-48 (b) A list of all equipment that the state or the local government intends
7-49 to use on the project, together with an estimate of the number of hours each
8-1 item of equipment will be used and the hourly cost to use each item of
8-2 equipment;
8-3 (c) An estimate of the cost of administrative support for the persons
8-4 assigned to the project;
8-5 (d) An estimate of the total cost of the project; and
8-6 (e) An estimate of the amount of money the state or the local
8-7 government expects to save by rejecting the bids and performing the
8-8 project itself.
8-9 7. This section does not apply to:
8-10 (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
8-11 (b) Any work of construction, reconstruction, improvement and
8-12 maintenance of highways subject to NRS 408.323 or 408.327;
8-13 (c) Normal maintenance of the property of a school district;
8-14 (d) The Las Vegas Valley water district created pursuant to chapter 167,
8-15 Statutes of Nevada 1947, the Moapa Valley water district created pursuant
8-16 to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district
8-17 created pursuant to chapter 100, Statutes of Nevada 1993; or
8-18 (e) The design and construction of a public work for which a public
8-19 body contracts with a design-build team pursuant to NRS 338.1711 to
8-20 338.1727, inclusive.
8-21 Sec. 8. NRS 338.1385 is hereby amended to read as follows:
8-22 338.1385 1. Except as otherwise provided in subsection 7 and NRS
8-23 338.1906 and 338.1907, this state, or a local government that awards a
8-24 contract for the construction, alteration or repair of a public work in
8-25 accordance with paragraph (a) of subsection 1 of NRS 338.1373, or a
8-26 public officer, public employee or other person responsible for awarding a
8-27 contract for the construction, alteration or repair of a public work who
8-28 represents the state or the local government, shall not:
8-29 (a) Commence such a project for which the estimated cost exceeds
8-30 $100,000 unless it advertises in a newspaper of general circulation in this
8-31 state for bids for the project; or
8-32 (b) Divide such a project into separate portions to avoid the
8-33 requirements of paragraph (a).
8-34 2. Except as otherwise provided in subsection 7, a public body that
8-35 maintains a list of properly licensed contractors who are interested in
8-36 receiving offers to bid on public works projects for which the estimated
8-37 cost is more than $25,000 but less than $100,000 shall solicit bids from not
8-38 more than three of the contractors on the list for a contract of that value for
8-39 the construction, alteration or repair of a public work. The public body
8-40 shall select contractors from the list in such a manner as to afford each
8-41 contractor an equal opportunity to bid on a public works project. A
8-42 properly licensed contractor must submit a written request annually to the
8-43 public body to remain on the list. Offers for bids which are made pursuant
8-44 to this subsection must be sent by certified mail.
8-45 3. Each advertisement for bids must include a provision that sets forth:
8-46 (a) The requirement that a contractor must be qualified pursuant to NRS
8-47 338.1379 to bid on the contract ; [or must be exempt from meeting such
8-48 qualifications pursuant to NRS 338.1383;] and
9-1 (b) The period during which an application to qualify as a bidder on the
9-2 contract must be submitted.
9-3 4. Approved plans and specifications for the bids must be on file at a
9-4 place and time stated in the advertisement for the inspection of all persons
9-5 desiring to bid thereon and for other interested persons. Contracts for the
9-6 project must be awarded on the basis of bids received.
9-7 5. Any bids received in response to an advertisement for bids may be
9-8 rejected if the person responsible for awarding the contract determines that:
9-9 (a) The bidder is not a qualified bidder pursuant to NRS 338.1379 ; [,
9-10 unless the bidder is exempt from meeting such qualifications pursuant to
9-11 NRS 338.1383;]
9-12 (b) The bidder is not responsive;
9-13 (c) The quality of the services, materials, equipment or labor offered
9-14 does not conform to the approved plan or specifications; or
9-15 (d) The public interest would be served by such a rejection.
9-16 6. Before the state or a local government may commence a project
9-17 subject to the provisions of this section, based upon a determination that
9-18 the public interest would be served by rejecting any bids received in
9-19 response to an advertisement for bids, it shall prepare and make available
9-20 for public inspection a written statement containing:
9-21 (a) A list of all persons, including supervisors, whom the state or the
9-22 local government intends to assign to the project, together with their
9-23 classifications and an estimate of the direct and indirect costs of their labor;
9-24 (b) A list of all equipment that the state or the local government intends
9-25 to use on the project, together with an estimate of the number of hours each
9-26 item of equipment will be used and the hourly cost to use each item of
9-27 equipment;
9-28 (c) An estimate of the cost of administrative support for the persons
9-29 assigned to the project;
9-30 (d) An estimate of the total cost of the project; and
9-31 (e) An estimate of the amount of money the state or the local
9-32 government expects to save by rejecting the bids and performing the
9-33 project itself.
9-34 7. This section does not apply to:
9-35 (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
9-36 (b) Any work of construction, reconstruction, improvement and
9-37 maintenance of highways subject to NRS 408.323 or 408.327;
9-38 (c) Normal maintenance of the property of a school district; or
9-39 (d) The Las Vegas Valley water district created pursuant to chapter 167,
9-40 Statutes of Nevada 1947, the Moapa Valley water district created pursuant
9-41 to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district
9-42 created pursuant to chapter 100, Statutes of Nevada 1993.
9-43 Sec. 9. NRS 338.1385 is hereby amended to read as follows:
9-44 338.1385 1. Except as otherwise provided in subsection 7, this state,
9-45 or a local government that awards a contract for the construction, alteration
9-46 or repair of a public work in accordance with paragraph (a) of subsection 1
9-47 of NRS 338.1373, or a public officer, public employee or other person
9-48 responsible for awarding a contract for the construction, alteration or repair
10-1 of a public work who represents the state or the local government, shall
10-2 not:
10-3 (a) Commence such a project for which the estimated cost exceeds
10-4 $100,000 unless it advertises in a newspaper of general circulation in this
10-5 state for bids for the project; or
10-6 (b) Divide such a project into separate portions to avoid the
10-7 requirements of paragraph (a).
10-8 2. Except as otherwise provided in subsection 7, a public body that
10-9 maintains a list of properly licensed contractors who are interested in
10-10 receiving offers to bid on public works projects for which the estimated
10-11 cost is more than $25,000 but less than $100,000 shall solicit bids from not
10-12 more than three of the contractors on the list for a contract of that value for
10-13 the construction, alteration or repair of a public work. The public body
10-14 shall select contractors from the list in such a manner as to afford each
10-15 contractor an equal opportunity to bid on a public works project. A
10-16 properly licensed contractor must submit a written request annually to the
10-17 public body to remain on the list. Offers for bids which are made pursuant
10-18 to this subsection must be sent by certified mail.
10-19 3. Each advertisement for bids must include a provision that sets forth:
10-20 (a) The requirement that a contractor must be qualified pursuant to NRS
10-21 338.1379 to bid on the contract ; [or must be exempt from meeting such
10-22 qualifications pursuant to NRS 338.1383;] and
10-23 (b) The period during which an application to qualify as a bidder on the
10-24 contract must be submitted.
10-25 4. Approved plans and specifications for the bids must be on file at a
10-26 place and time stated in the advertisement for the inspection of all persons
10-27 desiring to bid thereon and for other interested persons. Contracts for the
10-28 project must be awarded on the basis of bids received.
10-29 5. Any bids received in response to an advertisement for bids may be
10-30 rejected if the person responsible for awarding the contract determines that:
10-31 (a) The bidder is not a qualified bidder pursuant to NRS 338.1379 ; [,
10-32 unless the bidder is exempt from meeting such qualifications pursuant to
10-33 NRS 338.1383;]
10-34 (b) The bidder is not responsive;
10-35 (c) The quality of the services, materials, equipment or labor offered
10-36 does not conform to the approved plan or specifications; or
10-37 (d) The public interest would be served by such a rejection.
10-38 6. Before the state or a local government may commence a project
10-39 subject to the provisions of this section, based upon a determination that
10-40 the public interest would be served by rejecting any bids received in
10-41 response to an advertisement for bids, it shall prepare and make available
10-42 for public inspection a written statement containing:
10-43 (a) A list of all persons, including supervisors, whom the state or the
10-44 local government intends to assign to the project, together with their
10-45 classifications and an estimate of the direct and indirect costs of their labor;
10-46 (b) A list of all equipment that the state or the local government intends
10-47 to use on the project, together with an estimate of the number of hours each
10-48 item of equipment will be used and the hourly cost to use each item of
10-49 equipment;
11-1 (c) An estimate of the cost of administrative support for the persons
11-2 assigned to the project;
11-3 (d) An estimate of the total cost of the project; and
11-4 (e) An estimate of the amount of money the state or the local
11-5 government expects to save by rejecting the bids and performing the
11-6 project itself.
11-7 7. This section does not apply to:
11-8 (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
11-9 (b) Any work of construction, reconstruction, improvement and
11-10 maintenance of highways subject to NRS 408.323 or 408.327;
11-11 (c) Normal maintenance of the property of a school district; or
11-12 (d) The Las Vegas Valley water district created pursuant to chapter 167,
11-13 Statutes of Nevada 1947, the Moapa Valley water district created pursuant
11-14 to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district
11-15 created pursuant to chapter 100, Statutes of Nevada 1993.
11-16 Sec. 10. NRS 338.1387 is hereby amended to read as follows:
11-17 338.1387 1. A public body awarding a contract for a public work
11-18 shall not award the contract to a person who, at the time of the bid, is not
11-19 properly licensed under the provisions of chapter 624 of NRS or if the
11-20 contract would exceed the limit of his license. A subcontractor named by
11-21 the contractor who is not properly licensed for that portion of the work
11-22 shall be deemed unacceptable. If the subcontractor is deemed unacceptable,
11-23 the contractor shall provide an acceptable subcontractor before the award
11-24 of the contract.
11-25 2. If, after awarding the contract, the public body discovers that the
11-26 person to whom the contract was awarded is not licensed, or that the
11-27 contract would exceed his license, the public body shall reject the bid and
11-28 may accept [the next lowest] another bid determined to be the best bid
11-29 pursuant to NRS 338.1389 for that public work from a responsive bidder
11-30 who was determined by the public body to be a qualified bidder pursuant to
11-31 NRS 338.1379 or was exempt from meeting such qualifications pursuant to
11-32 NRS 338.1373 [or 338.1383] without requiring that new bids be submitted.
11-33 Sec. 11. NRS 338.1389 is hereby amended to read as follows:
11-34 338.1389 1. Except as otherwise provided in NRS 338.1385 and
11-35 338.1711 to 338.1727, inclusive, a public body shall award a contract for a
11-36 public work to the contractor who submits the best bid[.] , as determined
11-37 pursuant to subsection 2.
11-38 2. The manager of the state public works board, the state public
11-39 works board if the board has not appointed a manager or the governing
11-40 body of the local government shall appoint a committee of at least three
11-41 persons to evaluate and score eligible bids submitted for a public works
11-42 project. The committee shall submit its evaluations to the manager of the
11-43 state public works board, the state public works board if the board has
11-44 not appointed a manager or the local government. The criteria to be used
11-45 by the committee to determine the best bid must include:
11-46 (a) The bid amount, which must have a relative weight of 30 percent
11-47 or more;
11-48 (b) Whether the contractor has a certificate of eligibility to receive a
11-49 preference in bidding on public works;
12-1 (c) Whether the contractor has violated any occupational safety and
12-2 health standards within the past 36 months;
12-3 (d) Whether there are any civil judgments or criminal convictions
12-4 against the principal personnel of the contractor or the subcontractors
12-5 named in the bid pursuant to NRS 338.141;
12-6 (e) Whether there are any records relating to a violation or an alleged
12-7 violation of a law regarding wage and hour standards, occupational
12-8 safety and health standards, labor relations or the prohibition of
12-9 discrimination in employment by principal personnel of the contractor or
12-10 any subcontractors named in the bid pursuant to NRS 338.141;
12-11 (f) The past performance of the contractor on a public works contract;
12-12 (g) The organizational structure, management and operation of the
12-13 contractor;
12-14 (h) The quality of services, materials, equipment and labor offered;
12-15 (i) The best interests of the public;
12-16 (j) The demonstrated ability of the contractor to meet the requirements
12-17 and specifications of a contract for a public work; and
12-18 (k) The demonstrated responsibility, skill, judgment, capacity,
12-19 competence, honesty and integrity of the contractor on other public
12-20 works projects.
12-21 3. Except as otherwise provided in subsection [8] 9 or limited by
12-22 subsection [9,] 10, for the purposes of this section, a contractor who:
12-23 (a) Has been determined by the public body to be a qualified bidder
12-24 pursuant to NRS 338.1379 or is exempt from meeting such requirements
12-25 pursuant to NRS 338.1373 ; [or 338.1383;] and
12-26 (b) At the time he submits his bid, provides to the public body a copy of
12-27 a certificate of eligibility to receive a preference in bidding on public works
12-28 issued to him by the state contractors’ board
pursuant to
subsection [3,] 4,
12-29 shall be deemed to have submitted a better bid than a competing contractor
12-30 who has not provided a copy of such a valid certificate of eligibility if the
12-31 amount of his bid is not more than 5 percent higher than the amount bid by
12-32 the competing contractor.
12-33 [3.] 4. The state contractors’ board shall issue a certificate of
12-34 eligibility to receive a preference in bidding on public works to a general
12-35 contractor who is licensed pursuant to the provisions of chapter 624 of
12-36 NRS and submits to the board an affidavit from a certified public
12-37 accountant setting forth that the general contractor has:
12-38 (a) Paid:
12-39 (1) The sales and use taxes imposed pursuant to chapters 372, 374
12-40 and 377 of NRS on materials used for construction in this state, including,
12-41 without limitation, construction that is undertaken or carried out on land
12-42 within the boundaries of this state that is managed by the Federal
12-43 Government or is on an Indian reservation or Indian colony, of not less
12-44 than $5,000 for each consecutive 12-month period for 60 months
12-45 immediately preceding the submission of the affidavit from the certified
12-46 public accountant;
12-47 (2) The motor vehicle privilege tax imposed pursuant to chapter 371
12-48 of NRS on the vehicles used in the operation of his business in this state of
13-1 not less than $5,000 for each consecutive 12-month period for 60 months
13-2 immediately preceding the submission of the affidavit from the certified
13-3 public accountant; or
13-4 (3) Any combination of such sales and use taxes and motor vehicle
13-5 privilege tax; or
13-6 (b) Acquired, by inheritance, gift or transfer through a stock option plan
13-7 for employees, all the assets and liabilities of a viable, operating
13-8 construction firm that possesses a:
13-9 (1) License as a general contractor pursuant to the provisions of
13-10 chapter 624 of NRS; and
13-11 (2) Certificate of eligibility to receive a preference in bidding on
13-12 public works.
13-13 [4.] 5. For the purposes of complying with the requirements set forth
13-14 in paragraph (a) of subsection [3,] 4, a general contractor shall be deemed
13-15 to have paid:
13-16 (a) Sales and use taxes and motor vehicle privilege taxes paid in this
13-17 state by an affiliate or parent company of the contractor, if the affiliate or
13-18 parent company is also a general contractor; and
13-19 (b) Sales and use taxes paid in this state by a joint venture in which the
13-20 contractor is a participant, in proportion to the amount of interest the
13-21 contractor has in the joint venture.
13-22 [5.] 6. A contractor who has received a certificate of eligibility to
13-23 receive a preference in bidding on public works from the state contractors’
13-24 board pursuant to subsection [3] 4 shall, at the time for the annual renewal
13-25 of his contractor’s license pursuant to NRS 624.283, submit to the board an
13-26 affidavit from a certified public accountant setting forth that the contractor
13-27 has, during the immediately preceding 12 months, paid the taxes required
13-28 pursuant to paragraph (a) of subsection [3] 4 to maintain his eligibility to
13-29 hold such a certificate.
13-30 [6.] 7. A contractor who fails to submit an affidavit to the board
13-31 pursuant to subsection [5] 6 ceases to be eligible to receive a preference in
13-32 bidding on public works unless he reapplies for and receives a certificate of
13-33 eligibility pursuant to subsection [3.] 4.
13-34 [7.] 8. If a contractor who applies to the state contractors’ board for a
13-35 certificate of eligibility to receive a preference in bidding on public works
13-36 submits false information to the board regarding the required payment of
13-37 taxes, the contractor is not eligible to receive a preference in bidding on
13-38 public works for a period of 5 years after the date on which the board
13-39 becomes aware of the submission of the false information.
13-40 [8.] 9. If any federal statute or regulation precludes the granting of
13-41 federal assistance or reduces the amount of that assistance for a particular
13-42 public work because of the provisions of subsection [2,] 3, those provisions
13-43 do not apply insofar as their application would preclude or reduce federal
13-44 assistance for that work. The provisions of subsection [2] 3 do not apply to
13-45 any contract for a public work which is expected to cost less than
13-46 $250,000.
13-47 [9.] 10. Except as otherwise provided in subsection 2 of NRS
13-48 338.1727, if a bid is submitted by two or more contractors as a joint
13-49 venture or by one of them as a joint venturer, the provisions of subsection
14-1 [2] 3 apply only if both or all of the joint venturers separately meet the
14-2 requirements of that subsection.
14-3 [10.] 11. The state contractors’ board shall adopt regulations and may
14-4 assess reasonable fees relating to the certification of contractors for a
14-5 preference in bidding on public works.
14-6 [11.] 12. A person or entity who believes that a contractor wrongfully
14-7 holds a certificate of eligibility to receive a preference in bidding on public
14-8 works may challenge the validity of the certificate by filing a written
14-9 objection with the public body to which the contractor has submitted a bid
14-10 or proposal on a contract for the construction of a public work. A written
14-11 objection authorized pursuant to this subsection must:
14-12 (a) Set forth proof or substantiating evidence to support the belief of the
14-13 person or entity that the contractor wrongfully holds a certificate of
14-14 eligibility to receive a preference in bidding on public works; and
14-15 (b) Be filed with the public body at or after the time at which the
14-16 contractor submitted the bid or proposal to the public body and before the
14-17 time at which the public body awards the contract for which the bid or
14-18 proposal was submitted.
14-19 [12.] 13. If a public body receives a written objection pursuant to
14-20 subsection [11,] 12, the public body shall determine whether the objection
14-21 is accompanied by the proof or substantiating evidence required pursuant
14-22 to paragraph (a) of that subsection. If the public body determines that the
14-23 objection is not accompanied by the required proof or substantiating
14-24 evidence, the public body shall dismiss the objection and may proceed
14-25 immediately to award the contract. If the public body determines that the
14-26 objection is accompanied by the required proof or substantiating evidence,
14-27 the public body shall determine whether the contractor qualifies for the
14-28 certificate pursuant to the provisions of this section and may proceed to
14-29 award the contract accordingly.
14-30 14. As used in this section, “principal personnel” means the
14-31 supervisory personnel who will be working on the project, including,
14-32 without limitation, the project manager and the superintendent of the
14-33 project.
14-34 Sec. 12. NRS 338.1389 is hereby amended to read as follows:
14-35 338.1389 1. Except as otherwise provided in NRS 338.1385, a public
14-36 body shall award a contract for a public work to the contractor who
14-37 submits the best bid[.] , as determined pursuant to subsection 2.
14-38 2. The manager of the state public works board, the state public
14-39 works board if the board has not appointed a manager or the governing
14-40 body of the local government shall appoint a committee of at least three
14-41 persons to evaluate and score eligible bids submitted for a public works
14-42 project. The committee shall submit its evaluations to the manager of the
14-43 state public works board, the state public works board if the board has
14-44 not appointed a manager or the local government. The criteria to be used
14-45 by the committee to determine the best bid must include:
14-46 (a) The bid amount, which must have a relative weight of 30 percent
14-47 or more;
14-48 (b) Whether the contractor has a certificate of eligibility to receive a
14-49 preference in bidding on public works;
15-1 (c) Whether the contractor has violated any occupational safety and
15-2 health standards within the past 36 months;
15-3 (d) Whether there are any civil judgments or criminal convictions
15-4 against the principal personnel of the contractor or the subcontractors
15-5 named in the bid pursuant to NRS 338.141;
15-6 (e) Whether there are any records relating to a violation or an alleged
15-7 violation of a law regarding wage and hour standards, occupational
15-8 safety and health standards, labor relations or the prohibition of
15-9 discrimination in employment by principal personnel of the contractor or
15-10 any subcontractors named in the bid pursuant to NRS 338.141;
15-11 (f) The past performance of the contractor on a public works contract;
15-12 (g) The organizational structure, management and operation of the
15-13 contractor;
15-14 (h) The quality of services, materials, equipment and labor offered;
15-15 (i) The best interests of the public;
15-16 (j) The demonstrated ability of the contractor to meet the requirements
15-17 and specifications of a contract for a public work; and
15-18 (k) The demonstrated responsibility, skill, judgment, capacity,
15-19 competence, honesty and integrity of the contractor on other public
15-20 works projects.
15-21 3. Except as otherwise provided in subsection [8] 9 or limited by
15-22 subsection [9,] 10, for the purposes of this section, a contractor who:
15-23 (a) Has been determined by the public body to be a qualified bidder
15-24 pursuant to NRS 338.1379 or is exempt from meeting such requirements
15-25 pursuant to NRS 338.1373 ; [or 338.1383;] and
15-26 (b) At the time he submits his bid, provides to the public body a copy of
15-27 a certificate of eligibility to receive a preference in bidding on public works
15-28 issued to him by the state contractors’ board
pursuant to
subsection [3,] 4,
15-29 shall be deemed to have submitted a better bid than a competing contractor
15-30 who has not provided a copy of such a valid certificate of eligibility if the
15-31 amount of his bid is not more than 5 percent higher than the amount bid by
15-32 the competing contractor.
15-33 [3.] 4. The state contractors’ board shall issue a certificate of
15-34 eligibility to receive a preference in bidding on public works to a general
15-35 contractor who is licensed pursuant to the provisions of chapter 624 of
15-36 NRS and submits to the board an affidavit from a certified public
15-37 accountant setting forth that the general contractor has:
15-38 (a) Paid:
15-39 (1) The sales and use taxes imposed pursuant to chapters 372, 374
15-40 and 377 of NRS on materials used for construction in this state, including,
15-41 without limitation, construction that is undertaken or carried out on land
15-42 within the boundaries of this state that is managed by the Federal
15-43 Government or is on an Indian reservation or Indian colony, of not less
15-44 than $5,000 for each consecutive 12-month period for 60 months
15-45 immediately preceding the submission of the affidavit from the certified
15-46 public accountant;
15-47 (2) The motor vehicle privilege tax imposed pursuant to chapter 371
15-48 of NRS on the vehicles used in the operation of his business in this state of
16-1 not less than $5,000 for each consecutive 12-month period for 60 months
16-2 immediately preceding the submission of the affidavit from the certified
16-3 public accountant; or
16-4 (3) Any combination of such sales and use taxes and motor vehicle
16-5 privilege tax; or
16-6 (b) Acquired, by inheritance, gift or transfer through a stock option plan
16-7 for employees, all the assets and liabilities of a viable, operating
16-8 construction firm that possesses a:
16-9 (1) License as a general contractor pursuant to the provisions of
16-10 chapter 624 of NRS; and
16-11 (2) Certificate of eligibility to receive a preference in bidding on
16-12 public works.
16-13 [4.] 5. For the purposes of complying with the requirements set forth
16-14 in paragraph (a) of subsection [3,] 4, a general contractor shall be deemed
16-15 to have paid:
16-16 (a) Sales and use taxes and motor vehicle privilege taxes paid in this
16-17 state by an affiliate or parent company of the contractor, if the affiliate or
16-18 parent company is also a general contractor; and
16-19 (b) Sales and use taxes paid in this state by a joint venture in which the
16-20 contractor is a participant, in proportion to the amount of interest the
16-21 contractor has in the joint venture.
16-22 [5.] 6. A contractor who has received a certificate of eligibility to
16-23 receive a preference in bidding on public works from the state contractors’
16-24 board pursuant to subsection [3] 4 shall, at the time for the annual renewal
16-25 of his contractor’s license pursuant to NRS 624.283, submit to the board an
16-26 affidavit from a certified public accountant setting forth that the contractor
16-27 has, during the immediately preceding 12 months, paid the taxes required
16-28 pursuant to paragraph (a) of subsection [3] 4 to maintain his eligibility to
16-29 hold such a certificate.
16-30 [6.] 7. A contractor who fails to submit an affidavit to the board
16-31 pursuant to subsection [5] 6 ceases to be eligible to receive a preference in
16-32 bidding on public works unless he reapplies for and receives a certificate of
16-33 eligibility pursuant to subsection [3.] 4.
16-34 [7.] 8. If a contractor who applies to the state contractors’ board for a
16-35 certificate of eligibility to receive a preference in bidding on public works
16-36 submits false information to the board regarding the required payment of
16-37 taxes, the contractor is not eligible to receive a preference in bidding on
16-38 public works for a period of 5 years after the date on which the board
16-39 becomes aware of the submission of the false information.
16-40 [8.] 9. If any federal statute or regulation precludes the granting of
16-41 federal assistance or reduces the amount of that assistance for a particular
16-42 public work because of the provisions of subsection [2,] 3, those provisions
16-43 do not apply insofar as their application would preclude or reduce federal
16-44 assistance for that work. The provisions of subsection [2] 3 do not apply to
16-45 any contract for a public work which is expected to cost less than
16-46 $250,000.
16-47 [9.] 10. If a bid is submitted by two or more contractors as a joint
16-48 venture or by one of them as a joint venturer, the provisions of subsection
17-1 [2] 3 apply only if both or all of the joint venturers separately meet the
17-2 requirements of that subsection.
17-3 [10.] 11. The state contractors’ board shall adopt regulations and may
17-4 assess reasonable fees relating to the certification of contractors for a
17-5 preference in bidding on public works.
17-6 [11.] 12. A person or entity who believes that a contractor wrongfully
17-7 holds a certificate of eligibility to receive a preference in bidding on public
17-8 works may challenge the validity of the certificate by filing a written
17-9 objection with the public body to which the contractor has submitted a bid
17-10 or proposal on a contract for the construction of a public work. A written
17-11 objection authorized pursuant to this subsection must:
17-12 (a) Set forth proof or substantiating evidence to support the belief of the
17-13 person or entity that the contractor wrongfully holds a certificate of
17-14 eligibility to receive a preference in bidding on public works; and
17-15 (b) Be filed with the public body at or after the time at which the
17-16 contractor submitted the bid or proposal to the public body and before the
17-17 time at which the public body awards the contract for which the bid or
17-18 proposal was submitted.
17-19 [12.] 13. If a public body receives a written objection pursuant to
17-20 subsection [11,] 12, the public body shall determine whether the objection
17-21 is accompanied by the proof or substantiating evidence required pursuant
17-22 to paragraph (a) of that subsection. If the public body determines that the
17-23 objection is not accompanied by the required proof or substantiating
17-24 evidence, the public body shall dismiss the objection and may proceed
17-25 immediately to award the contract. If the public body determines that the
17-26 objection is accompanied by the required proof or substantiating evidence,
17-27 the public body shall determine whether the contractor qualifies for the
17-28 certificate pursuant to the provisions of this section and may proceed to
17-29 award the contract accordingly.
17-30 14. As used in this section, “principal personnel” means the
17-31 supervisory personnel who will be working on the project, including,
17-32 without limitation, the project manager and the superintendent of the
17-33 project.
17-34 Sec. 13. NRS 338.141 is hereby amended to read as follows:
17-35 338.141 1. Except as otherwise provided in subsection 2, each bid
17-36 submitted to any officer, department, board or commission for the
17-37 construction of any public work or improvement must include:
17-38 (a) The name of each subcontractor who will provide labor or a portion
17-39 of the work or improvement to the contractor for which he will be paid an
17-40 amount exceeding 5 percent of the prime contractor’s total bid. Within 2
17-41 hours after the completion of the opening of the bids, the general
17-42 contractors who submitted the three [lowest] best bids must submit a list
17-43 [of] containing the name of each subcontractor who will provide labor or a
17-44 portion of the work or improvement to the contractor for which he will be
17-45 paid an amount exceeding 1 percent of the prime contractor’s total bid or
17-46 $50,000, whichever is greater, and the number of the license issued to the
17-47 subcontractor pursuant to chapter 624 of NRS. If a general contractor fails
17-48 to submit such a list within the required time, his bid shall be deemed not
17-49 responsive.
18-1 (b) A description of the portion of the work or improvement which each
18-2 subcontractor named in the bid will complete.
18-3 2. The contractor shall list in his bid pursuant to subsection 1 the name
18-4 of a subcontractor for each portion of the project that will be completed by
18-5 a subcontractor.
18-6 3. A contractor whose bid is accepted shall not substitute any person
18-7 for a subcontractor who is named in the bid, unless:
18-8 (a) The awarding authority objects to the subcontractor, requests in
18-9 writing a change in the subcontractor and pays any increase in costs
18-10 resulting from the change; or
18-11 (b) The substitution is approved by the awarding authority and:
18-12 (1) The subcontractor, after having a reasonable opportunity, fails or
18-13 refuses to execute a written contract with the contractor which was offered
18-14 to the subcontractor with the same terms that all other subcontractors on
18-15 the project were offered;
18-16 (2) The named subcontractor files for bankruptcy or becomes
18-17 insolvent; or
18-18 (3) The named subcontractor fails or refuses to perform his
18-19 subcontract within a reasonable time or is unable to furnish a performance
18-20 bond and payment bond pursuant to NRS 339.025.
18-21 Sec. 14. NRS 338.145 is hereby amended to read as follows:
18-22 338.145 1. A local government awarding a contract for a public work
18-23 shall not award the contract to a person who, at the time of the bid, is not
18-24 properly licensed under the provisions of chapter 624 of NRS or if the
18-25 contract would exceed the limit of his license. A subcontractor named by
18-26 the contractor who is not properly licensed for that portion of the work
18-27 shall be deemed unacceptable. If the subcontractor is deemed unacceptable,
18-28 the contractor shall provide an acceptable subcontractor before the award
18-29 of the contract.
18-30 2. If, after awarding the contract, the local government discovers that
18-31 the person to whom the contract was awarded is not licensed, or that the
18-32 contract would exceed his license, the local government shall reject the bid
18-33 and may accept [the next lowest] another bid determined to be the best bid
18-34 pursuant to NRS 338.1389 for that public work from a responsive and
18-35 responsible bidder without requiring that new bids be submitted.
18-36 Sec. 15. NRS 338.1383 is hereby repealed.
18-37 Sec. 16. 1. This section and sections 3 to 6, inclusive, 10, 13, 14 and
18-38 15 of this act become effective on July 1, 2001.
18-39 2. Sections 1 and 11 of this act become effective on July 1, 2001, and
18-40 expire by limitation on September 30, 2003.
18-41 3. Sections 2 and 12 of this act become effective at 12:01 a.m. on
18-42 October 1, 2003.
18-43 4. Section 7 of this act becomes effective on July 1, 2001, and expires
18-44 by limitation on September 30, 2003.
18-45 5. Section 8 of this act becomes effective at 12:01 a.m. on October 1,
18-46 2003, and expires by limitation on April 30, 2013.
18-47 6. Section 9 of this act becomes effective at 12:01 a.m. on May 1,
18-48 2013.
19-1 TEXT OF REPEALED SECTION
19-2 338.1383 Exemptions for certain contractors. A public body may
19-3 accept a bid on a contract for a public work from a person who does not
19-4 qualify pursuant to NRS 338.1379 if the person holds:
19-5 1. An unlimited contractor’s license issued by the state contractors’
19-6 board in the branch of general engineering contracting or general building
19-7 contracting, or in both branches, and:
19-8 (a) At the time he submits his bid, he provides a bid bond equal to 10
19-9 percent of the amount of the bid; and
19-10 (b) At the time the contract is awarded, he provides a performance
19-11 bond, a labor and material bond, and a guaranty bond, each equal to 100
19-12 percent of the amount of the contract; or
19-13 2. A contractor’s license issued by the state contractors’ board that is
19-14 designated in any classification if he:
19-15 (a) Has, in the 5 years immediately preceding the submission of the bid,
19-16 been found to be a responsible contractor in the classification in which his
19-17 contractor’s license is designated;
19-18 (b) Provides a bid bond, a performance bond, a guaranty bond, and a
19-19 labor and material bond in such amounts as the state public works board or
19-20 governing body may require; and
19-21 (c) Employs a person determined by the state contractors’ board to be
19-22 qualified to supervise each classification of construction upon which the
19-23 person submitting the bid is bidding.
19-24 H