Assembly Bill No. 461–Assemblyman Parks
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.1373 is hereby amended to read as follows:
338.1373 1. A local government shall award a contract for the
construction, alteration or repair of a public work pursuant to the
provisions of:
(a) NRS [338.1375] 338.1377 to 338.1389, inclusive; or
(b) NRS 338.143, 338.145 and 338.147.
2. The provisions of NRS 338.1375 to 338.1383,inclusive, do not
apply with respect to contracts for the construction, reconstruction,
improvement and maintenance of highways that are awarded by the
department of transportation pursuant to NRS 408.313 to 408.433,
inclusive, and section 1 of Assembly Bill No. 86 of this [act.]session.
Sec. 2. NRS 338.1375 is hereby amended to read as follows:
338.1375 1. [Except as otherwise provided in NRS 338.1383, a public
body] The state public works board shall not accept a bid on a contract for
a public work unless the person who submits the bid has qualified
pursuant to NRS 338.1379 to bid on that contract.
2. [The governing body of each local government that sponsors or
finances a public work may adopt criteria for the qualification of bidders
on contracts for public works of the local government. If a governing body
adopts criteria pursuant to this subsection, the governing body shall use
the criteria to determine the qualification of bidders on contracts for public
works of the local government.
3.] The state public works board shall by regulation adopt criteria for
the qualification of bidders on contracts for public works of this state. The
criteria adopted by the state public works board pursuant to this
[subsection] section must be used by the state public works board to
determine the qualification of bidders on contracts for public works of this
state.
3. The criteria adopted by the state public works board pursuant to
this section:
(a) Must be adopted in such a form that the determination of whether
an applicant is qualified to bid on a contract for a public work does not
require or allow the exercise of discretion by any one person.
(b) May include only:
(1) The financial ability of the applicant to perform a contract;
(2) The principal personnel of the applicant;
(3) Whether the applicant has breached any contracts with a public
agency or person in this state or any other state;
(4) Whether the applicant has been disqualified from being
awarded a contract pursuant to NRS 338.017 or 338.1387; and
(5) The performance history of the applicant concerning other
recent, similar contracts, if any, completed by the applicant.
[4. Before adopting criteria pursuant to this section, the state public
works board or a governing body shall hold at least one public hearing to
solicit and evaluate public opinion regarding the criteria to be adopted.
Notice of such a hearing must be provided by mail at least 10 days before
the hearing to:
(a) Construction trade associations; and
(b) Labor unions representing trades in the building industry.]
Sec. 3. NRS 338.1377 is hereby amended to read as follows:
338.1377 1. Except as otherwise provided in NRS 338.1383, the
governing body of each local government that sponsors or finances a
public work shall adopt criteria for the qualification of bidders on
contracts for public works of the local government. The governing body
shall use the criteria to determine the qualification of bidders on
contracts for public works of the local government.
2. Before adopting criteria pursuant to this section, the governing
body of a local government shall hold at least one public hearing to
solicit and evaluate public opinion regarding the criteria to be adopted.
Notice of such a hearing must be provided by mail at least 10 days
before the hearing to:
(a) Construction trade associations in this state; and
(b) Labor unions representing trades in the building industry in this
state.
3. Thecriteria adopted by [the state public works board or] a
governing body pursuant to [NRS 338.1375] this section to determine
whether an applicant is qualified to bid on a contract for a public work:
[1.] (a) Must be adopted in such a form that the determination of
whether an applicant is qualified to bid on a contract for a public work
does not require or allow the exercise of discretion by any one person.
[2.] (b) May include only:
[(a)] (1) The financial ability of the applicant to perform [the] a
contract;
[(b)] (2) The principal personnel of the applicant;
[(c)] (3) Whether the applicant has breached any contracts with a public
agency or person in this state or any other state; and
[(d)] (4) Whether the applicant has been disqualified from being
awarded [the] a contract pursuant to NRS 338.017 or 338.1387.
Sec. 4. NRS 338.1379 is hereby amended to read as follows:
338.1379 1. Except as otherwise provided in NRS 338.1383, a
person who wishes to qualify as a bidder on a contract for a public work
must submit an application to the state public works board or the
governing body.
2. Upon receipt of an application pursuant to subsection 1, the state
public works board or the governing body shall:
(a) Investigate the applicant to determine whether he is qualified to bid
on [the] a contract; and
(b) After conducting the investigation, determine whether the applicant
is qualified to bid on [the] a contract. The determination must be made
within 30 days after receipt of the application.
3. The state public works board or the governing body shall notify
each applicant in writing of its determination. If an application is denied,
the notice must set forth the reasons for the denial and inform the applicant
of his right to a hearing pursuant to NRS 338.1381.
4. The state public works board or the governing body of a local
government may determine an applicant is qualified to bid:
(a) On a specific project;
(b) On more than one project over a period of 12 months; or
(c) On more than one project over a period of 24 months.
5. The state public works board shall not use any criteria other than
criteria adopted by regulation pursuant to NRS 338.1375 in determining
whether to approve or deny an application.
6. The [state public works board or the] governing body of a local
government shall not use any criteria other than the criteria described in
NRS 338.1377 in determining whether to approve or deny an application.
[5.] 7. Financial information and other data pertaining to the net worth
of an applicant which is gathered by or provided to the state public works
board or a governing body to determine the financial ability of an
applicant to perform a contract is confidential and not open to public
inspection.
Sec. 5. NRS 338.1383 is hereby amended to read as follows:
338.1383 [A public body may] If a local government does not adopt
criteria for the qualification of bidders on a public work pursuant to
NRS 338.1377, the governing body may only accept a bid on a contract
for a public work from a person who [does not qualify pursuant to NRS
338.1379 if the person] holds:
1. An unlimited contractor’s license issued by the state contractors’
board in the branch of general engineering contracting or general building
contracting, or in both branches, and:
(a) At the time he submits his bid, he provides a bid bond equal to 10
percent of the amount of the bid; and
(b) At the time the contract is awarded, he provides a performance
bond, a labor and material bond, and a guaranty bond, each equal to 100
percent of the amount of the contract; or
2. A contractor’s license issued by the state contractors’ board that is
designated in any classification if he:
(a) Has, in the 5 years immediately preceding the submission of the bid,
been found to be a responsible contractor in the classification in which his
contractor’s license is designated;
(b) Provides a bid bond, a performance bond, a guaranty bond, and a
labor and material bond in such amounts as the [state public works board
or] governing body may require; and
(c) Employs a person determined by the state contractors’ board to be
qualified to supervise each classification of construction upon which the
person submitting the bid is bidding.
Sec. 6. This bill becomes effective on July 1, 2001.
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