2001 REGULAR SESSION (71st) A AB461 379
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 1 and 2 and renumbering sections 3 through 6 as sections 1 through 4.
Amend sec. 3, page 5, line 9, by deleting “338.1375” and inserting “[338.1375] 338.1377”.
Amend sec. 3, page 5, line 11, by deleting “[338.1383,] 338.1381,” and inserting “338.1383,”.
Amend sec. 4, page 5, by deleting lines 17 through 31 and inserting:
“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 must:
(a) 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) Include:
(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; and
(4) Whether the applicant has been disqualified from being awarded a contract pursuant to NRS 338.017 or 338.1387.”.
Amend sec. 5, pages 5 and 6, by deleting lines 40 through 49 on page 5 and lines 1 through 14 on page 6, and inserting:
“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.”.
Amend sec. 6, page 6, by deleting line 16 and inserting:
“338.1379 1. Except as otherwise provided in NRS 338.1383, a”.
Amend sec. 6, page 6, line 23, by deleting “the” and inserting “[the] a”.
Amend sec. 6, page 6, by deleting lines 25 through 34 and inserting:
“is qualified to bid on [the] a contract. The determination must be made within 30 days after receipt of the application.”.
Amend sec. 6, page 6, by deleting line 39 and inserting:
“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”.
Amend sec. 6, page 6, line 42, by deleting “5.” and inserting “[5.] 7.”
Amend the bill as a whole by deleting sections 7 through 16 and the text of the repealed section and adding new sections designated sections 5 and 6, following sec. 6, to read as follows:
“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 shall 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.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public works; authorizing the state public works board to adopt by regulation criteria for the qualification of bidders on a contract for a public work; eliminating the provision providing an exemption from qualifying to bid for a public work of this state; requiring the governing body of a local government to accept a bid on a contract for a public work from certain persons who do not otherwise qualify to bid for public works; and providing other matters properly relating thereto.”.