Senate Bill No. 61–Committee on Government Affairs

 

Prefiled January 30, 2001

 

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes to provisions relating to use of design-build teams on public works projects. (BDR 28‑99)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: 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 projects; authorizing certain public bodies to contract with a design-build team for certain public works projects; removing certain requirements for providing notice of certain hearings; removing certain requirements for advertising for preliminary proposals from design-build teams for certain projects; changing certain requirements for the contents of a request for preliminary proposals; authorizing a public body and the department of transportation to select finalists for submitting a final proposal within a certain period; requiring a public body and the department of transportation to consider the degree to which a preliminary proposal is responsive to certain requirements when selecting finalists; changing certain requirements for a request for final proposals; removing the date for expiration of provisions relating to the use of design-build teams on public works projects; 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 338.1385 is hereby amended to read as follows:

1-2    338.1385  1.  Except as otherwise provided in subsection 7 , [and

1-3  NRS 338.1906 and 338.1907,] this state, or a local government that awards

1-4  a contract for the construction, alteration or repair of a public work in

1-5  accordance with paragraph (a) of subsection 1 of NRS 338.1373, or a

1-6  public officer, public employee or other person responsible for awarding a

1-7  contract for the construction, alteration or repair of a public work who

1-8  represents the state or the local government, shall not:

1-9    (a) Commence such a project for which the estimated cost exceeds

1-10  $100,000 unless it advertises in a newspaper of general circulation in this

1-11  state for bids for the project; or

2-1    (b) Divide such a project into separate portions to avoid the

2-2  requirements of paragraph (a).

2-3    2.  Except as otherwise provided in subsection 7, a public body that

2-4  maintains a list of properly licensed contractors who are interested in

2-5  receiving offers to bid on public works projects for which the estimated

2-6  cost is more than $25,000 but less than $100,000 shall solicit bids from not

2-7  more than three of the contractors on the list for a contract of that value for

2-8  the construction, alteration or repair of a public work. The public body

2-9  shall select contractors from the list in such a manner as to afford each

2-10  contractor an equal opportunity to bid on a public works project. A

2-11  properly licensed contractor must submit a written request annually to the

2-12  public body to remain on the list. Offers for bids which are made pursuant

2-13  to this subsection must be sent by certified mail.

2-14    3.  Each advertisement for bids must include a provision that sets forth:

2-15    (a) The requirement that a contractor must be qualified pursuant to NRS

2-16  338.1379 to bid on the contract or must be exempt from meeting such

2-17  qualifications pursuant to NRS 338.1383; and

2-18    (b) The period during which an application to qualify as a bidder on the

2-19  contract must be submitted.

2-20    4.  Approved plans and specifications for the bids must be on file at a

2-21  place and time stated in the advertisement for the inspection of all persons

2-22  desiring to bid thereon and for other interested persons. Contracts for the

2-23  project must be awarded on the basis of bids received.

2-24    5.  Any bids received in response to an advertisement for bids may be

2-25  rejected if the person responsible for awarding the contract determines that:

2-26    (a) The bidder is not a qualified bidder pursuant to NRS 338.1379,

2-27  unless the bidder is exempt from meeting such qualifications pursuant to

2-28  NRS 338.1383;

2-29    (b) The bidder is not responsive;

2-30    (c) The quality of the services, materials, equipment or labor offered

2-31  does not conform to the approved plan or specifications; or

2-32    (d) The public interest would be served by such a rejection.

2-33    6.  Before the state or a local government may commence a project

2-34  subject to the provisions of this section, based upon a determination that

2-35  the public interest would be served by rejecting any bids received in

2-36  response to an advertisement for bids, it shall prepare and make available

2-37  for public inspection a written statement containing:

2-38    (a) A list of all persons, including supervisors, whom the state or the

2-39  local government intends to assign to the project, together with their

2-40  classifications and an estimate of the direct and indirect costs of their labor;

2-41    (b) A list of all equipment that the state or the local government intends

2-42  to use on the project, together with an estimate of the number of hours each

2-43  item of equipment will be used and the hourly cost to use each item of

2-44  equipment;

2-45    (c) An estimate of the cost of administrative support for the persons

2-46  assigned to the project;

2-47    (d) An estimate of the total cost of the project; and

3-1    (e) An estimate of the amount of money the state or the local

3-2  government expects to save by rejecting the bids and performing the

3-3  project itself.

3-4    7.  This section does not apply to:

3-5    (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

3-6    (b) Any work of construction, reconstruction, improvement and

3-7  maintenance of highways subject to NRS 408.323 or 408.327;

3-8    (c) Normal maintenance of the property of a school district;

3-9    (d) The Las Vegas Valley water district created pursuant to chapter 167,

3-10  Statutes of Nevada 1947, the Moapa Valley water district created pursuant

3-11  to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district

3-12  created pursuant to chapter 100, Statutes of Nevada 1993; or

3-13    (e) The design and construction of a public work for which a public

3-14  body contracts with a design-build team pursuant to NRS 338.1711 to

3-15  338.1727, inclusive.

3-16    Sec. 2.  NRS 338.1389 is hereby amended to read as follows:

3-17    338.1389  1.  Except as otherwise provided in NRS 338.1385 and

3-18  338.1711 to 338.1727, inclusive, a public body shall award a contract for a

3-19  public work to the contractor who submits the best bid.

3-20    2.  Except as otherwise provided in subsection 8 or limited by

3-21  subsection 9, for the purposes of this section, a contractor who:

3-22    (a) Has been determined by the public body to be a qualified bidder

3-23  pursuant to NRS 338.1379 or is exempt from meeting such requirements

3-24  pursuant to NRS 338.1373 or 338.1383; and

3-25    (b) At the time he submits his bid, provides to the public body a copy of

3-26  a certificate of eligibility to receive a preference in bidding on public works

3-27  issued to him by the state contractors’ board pursuant to subsection 3,

3-28  shall be deemed to have submitted a better bid than a competing contractor

3-29  who has not provided a copy of such a valid certificate of eligibility if the

3-30  amount of his bid is not more than 5 percent higher than the amount bid by

3-31  the competing contractor.

3-32    3.  The state contractors’ board shall issue a certificate of eligibility to

3-33  receive a preference in bidding on public works to a general contractor who

3-34  is licensed pursuant to the provisions of chapter 624 of NRS and submits to

3-35  the board an affidavit from a certified public accountant setting forth that

3-36  the general contractor has:

3-37    (a) Paid:

3-38      (1) The sales and use taxes imposed pursuant to chapters 372, 374

3-39  and 377 of NRS on materials used for construction in this state, including,

3-40  without limitation, construction that is undertaken or carried out on land

3-41  within the boundaries of this state that is managed by the Federal

3-42  Government or is on an Indian reservation or Indian colony, of not less

3-43  than $5,000 for each consecutive 12-month period for 60 months

3-44  immediately preceding the submission of the affidavit from the certified

3-45  public accountant;

3-46      (2) The motor vehicle privilege tax imposed pursuant to chapter 371

3-47  of NRS on the vehicles used in the operation of his business in this state of

3-48  not less than $5,000 for each consecutive 12-month period for 60 months


4-1  immediately preceding the submission of the affidavit from the certified

4-2  public accountant; or

4-3       (3) Any combination of such sales and use taxes and motor vehicle

4-4  privilege tax; or

4-5    (b) Acquired, by inheritance, gift or transfer through a stock option plan

4-6  for employees, all the assets and liabilities of a viable, operating

4-7  construction firm that possesses a:

4-8       (1) License as a general contractor pursuant to the provisions of

4-9  chapter 624 of NRS; and

4-10      (2) Certificate of eligibility to receive a preference in bidding on

4-11  public works.

4-12    4.  For the purposes of complying with the requirements set forth in

4-13  paragraph (a) of subsection 3, a general contractor shall be deemed to have

4-14  paid:

4-15    (a) Sales and use taxes and motor vehicle privilege taxes paid in this

4-16  state by an affiliate or parent company of the contractor, if the affiliate or

4-17  parent company is also a general contractor; and

4-18    (b) Sales and use taxes paid in this state by a joint venture in which the

4-19  contractor is a participant, in proportion to the amount of interest the

4-20  contractor has in the joint venture.

4-21    5.  A contractor who has received a certificate of eligibility to receive a

4-22  preference in bidding on public works from the state contractors’ board

4-23  pursuant to subsection 3 shall, at the time for the annual renewal of his

4-24  contractors’ license pursuant to NRS 624.283, submit to the board an

4-25  affidavit from a certified public accountant setting forth that the contractor

4-26  has, during the immediately preceding 12 months, paid the taxes required

4-27  pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold

4-28  such a certificate.

4-29    6.  A contractor who fails to submit an affidavit to the board pursuant

4-30  to subsection 5 ceases to be eligible to receive a preference in bidding on

4-31  public works unless he reapplies for and receives a certificate of eligibility

4-32  pursuant to subsection 3.

4-33    7.  If a contractor who applies to the state contractors’ board for a

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

4-35  submits false information to the board regarding the required payment of

4-36  taxes, the contractor is not eligible to receive a preference in bidding on

4-37  public works for a period of 5 years after the date on which the board

4-38  becomes aware of the submission of the false information.

4-39    8.  If any federal statute or regulation precludes the granting of federal

4-40  assistance or reduces the amount of that assistance for a particular public

4-41  work because of the provisions of subsection 2, those provisions do not

4-42  apply insofar as their application would preclude or reduce federal

4-43  assistance for that work. The provisions of subsection 2 do not apply to any

4-44  contract for a public work which is expected to cost less than $250,000.

4-45    9.  [Except as otherwise provided in subsection 2 of NRS 338.1727, if]

4-46  If a bid is submitted by two or more contractors as a joint venture or by one

4-47  of them as a joint venturer, the provisions of subsection 2 apply only if

4-48  both or all of the joint venturers separately meet the requirements of that

4-49  subsection.

5-1    10.  The state contractors’ board shall adopt regulations and may assess

5-2  reasonable fees relating to the certification of contractors for a preference

5-3  in bidding on public works.

5-4    11.  A person or entity who believes that a contractor wrongfully holds

5-5  a certificate of eligibility to receive a preference in bidding on public works

5-6  may challenge the validity of the certificate by filing a written objection

5-7  with the public body to which the contractor has submitted a bid or

5-8  proposal on a contract for the construction of a public work. A written

5-9  objection authorized pursuant to this subsection must:

5-10    (a) Set forth proof or substantiating evidence to support the belief of the

5-11  person or entity that the contractor wrongfully holds a certificate of

5-12  eligibility to receive a preference in bidding on public works; and

5-13    (b) Be filed with the public body at or after the time at which the

5-14  contractor submitted the bid or proposal to the public body and before the

5-15  time at which the public body awards the contract for which the bid or

5-16  proposal was submitted.

5-17    12.  If a public body receives a written objection pursuant to subsection

5-18  11, the public body shall determine whether the objection is accompanied

5-19  by the proof or substantiating evidence required pursuant to paragraph (a)

5-20  of that subsection. If the public body determines that the objection is not

5-21  accompanied by the required proof or substantiating evidence, the public

5-22  body shall dismiss the objection and may proceed immediately to award

5-23  the contract. If the public body determines that the objection is

5-24  accompanied by the required proof or substantiating evidence, the public

5-25  body shall determine whether the contractor qualifies for the certificate

5-26  pursuant to the provisions of this section and may proceed to award the

5-27  contract accordingly.

5-28    Sec. 3.  NRS 338.143 is hereby amended to read as follows:

5-29    338.143  1.  Except as otherwise provided in subsection 6 , [and NRS

5-30  338.1907,] a local government that awards a contract for the construction,

5-31  alteration or repair of a public work in accordance with paragraph (b) of

5-32  subsection 1 of NRS 338.1373, or a public officer, public employee or

5-33  other person responsible for awarding a contract for the construction,

5-34  alteration or repair of a public work who represents that local government,

5-35  shall not:

5-36    (a) Commence such a project for which the estimated cost exceeds

5-37  $100,000 unless it advertises in a newspaper of general circulation in this

5-38  state for bids for the project; or

5-39    (b) Divide such a project into separate portions to avoid the

5-40  requirements of paragraph (a).

5-41    2.  Except as otherwise provided in subsection 6, a local government

5-42  that maintains a list of properly licensed contractors who are interested in

5-43  receiving offers to bid on public works projects for which the estimated

5-44  cost is more than $25,000 but less than $100,000 shall solicit bids from not

5-45  more than three of the contractors on the list for a contract of that value for

5-46  the construction, alteration or repair of a public work. The local

5-47  government shall select contractors from the list in such a manner as to

5-48  afford each contractor an equal opportunity to bid on a public works

5-49  project. A properly licensed contractor must submit a written request


6-1  annually to the local government to remain on the list. Offers for bids

6-2  which are made pursuant to this subsection must be sent by certified mail.

6-3    3.  Approved plans and specifications for the bids must be on file at a

6-4  place and time stated in the advertisement for the inspection of all persons

6-5  desiring to bid thereon and for other interested persons. Contracts for the

6-6  project must be awarded on the basis of bids received.

6-7    4.  Any bids received in response to an advertisement for bids may be

6-8  rejected if the person responsible for awarding the contract determines that:

6-9    (a) The bidder is not responsive or responsible;

6-10    (b) The quality of the services, materials, equipment or labor offered

6-11  does not conform to the approved plan or specifications; or

6-12    (c) The public interest would be served by such a rejection.

6-13    5.  Before a local government may commence a project subject to the

6-14  provisions of this section, based upon a determination that the public

6-15  interest would be served by rejecting any bids received in response to an

6-16  advertisement for bids, it shall prepare and make available for public

6-17  inspection a written statement containing:

6-18    (a) A list of all persons, including supervisors, whom the local

6-19  government intends to assign to the project, together with their

6-20  classifications and an estimate of the direct and indirect costs of their labor;

6-21    (b) A list of all equipment that the local government intends to use on

6-22  the project, together with an estimate of the number of hours each item of

6-23  equipment will be used and the hourly cost to use each item of equipment;

6-24    (c) An estimate of the cost of administrative support for the persons

6-25  assigned to the project;

6-26    (d) An estimate of the total cost of the project; and

6-27    (e) An estimate of the amount of money the local government expects to

6-28  save by rejecting the bids and performing the project itself.

6-29    6.  This section does not apply to:

6-30    (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

6-31    (b) Any work of construction, reconstruction, improvement and

6-32  maintenance of highways subject to NRS 408.323 or 408.327;

6-33    (c) Normal maintenance of the property of a school district;

6-34    (d) The Las Vegas Valley water district created pursuant to chapter 167,

6-35  Statutes of Nevada 1947, the Moapa Valley water district created pursuant

6-36  to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district

6-37  created pursuant to chapter 100, Statutes of Nevada 1993; or

6-38    (e) The design and construction of a public work for which a public

6-39  body contracts with a design-build team pursuant to NRS 338.1711 to

6-40  338.1727, inclusive.

6-41    Sec. 4.  NRS 338.147 is hereby amended to read as follows:

6-42    338.147  1.  Except as otherwise provided in NRS 338.143 and

6-43  338.1711 to 338.1727, inclusive, a local government shall award a contract

6-44  for a public work to the contractor who submits the best bid.

6-45    2.  Except as otherwise provided in subsection 8 or limited by

6-46  subsection 9, for the purposes of this section, a contractor who:

6-47    (a) Has been found to be a responsible and responsive contractor by the

6-48  local government; and

7-1    (b) At the time he submits his bid, provides to the local government a

7-2  copy of a certificate of eligibility to receive a preference in bidding on

7-3  public works issued to him by the state contractors’ board pursuant to

7-4  subsection 3,

7-5  shall be deemed to have submitted a better bid than a competing contractor

7-6  who has not provided a copy of such a valid certificate of eligibility if the

7-7  amount of his bid is not more than 5 percent higher than the amount bid by

7-8  the competing contractor.

7-9    3.  The state contractors’ board shall issue a certificate of eligibility to

7-10  receive a preference in bidding on public works to a general contractor who

7-11  is licensed pursuant to the provisions of chapter 624 of NRS and submits to

7-12  the board an affidavit from a certified public accountant setting forth that

7-13  the general contractor has:

7-14    (a) Paid:

7-15      (1) The sales and use taxes imposed pursuant to chapters 372, 374

7-16  and 377 of NRS on materials used for construction in this state, including,

7-17  without limitation, construction that is undertaken or carried out on land

7-18  within the boundaries of this state that is managed by the Federal

7-19  Government or is on an Indian reservation or Indian colony, of not less

7-20  than $5,000 for each consecutive 12-month period for 60 months

7-21  immediately preceding the submission of the affidavit from the certified

7-22  public accountant;

7-23      (2) The motor vehicle privilege tax imposed pursuant to chapter 371

7-24  of NRS on the vehicles used in the operation of his business in this state of

7-25  not less than $5,000 for each consecutive 12-month period for 60 months

7-26  immediately preceding the submission of the affidavit from the certified

7-27  public accountant; or

7-28      (3) Any combination of such sales and use taxes and motor vehicle

7-29  privilege tax; or

7-30    (b) Acquired, by inheritance, gift or transfer through a stock option plan

7-31  for employees, all the assets and liabilities of a viable, operating

7-32  construction firm that possesses a:

7-33      (1) License as a general contractor pursuant to the provisions of

7-34  chapter 624 of NRS; and

7-35      (2) Certificate of eligibility to receive a preference in bidding on

7-36  public works.

7-37    4.  For the purposes of complying with the requirements set forth in

7-38  paragraph (a) of subsection 3, a general contractor shall be deemed to have

7-39  paid:

7-40    (a) Sales and use taxes and motor vehicle privilege taxes paid in this

7-41  state by an affiliate or parent company of the contractor, if the affiliate or

7-42  parent company is also a general contractor; and

7-43    (b) Sales and use taxes paid in this state by a joint venture in which the

7-44  contractor is a participant, in proportion to the amount of interest the

7-45  contractor has in the joint venture.

7-46    5.  A contractor who has received a certificate of eligibility to receive a

7-47  preference in bidding on public works from the state contractors’ board

7-48  pursuant to subsection 3 shall, at the time for the annual renewal of his

7-49  contractors’ license pursuant to NRS 624.283, submit to the board an


8-1  affidavit from a certified public accountant setting forth that the contractor

8-2  has, during the immediately preceding 12 months, paid the taxes required

8-3  pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold

8-4  such a certificate.

8-5    6.  A contractor who fails to submit an affidavit to the board pursuant

8-6  to subsection 5 ceases to be eligible to receive a preference in bidding on

8-7  public works unless he reapplies for and receives a certificate of eligibility

8-8  pursuant to subsection 3.

8-9    7.  If a contractor who applies to the state contractors’ board for a

8-10  certificate of eligibility to receive a preference in bidding on public works

8-11  submits false information to the board regarding the required payment of

8-12  taxes, the contractor is not eligible to receive a preference in bidding on

8-13  public works for a period of 5 years after the date on which the board

8-14  becomes aware of the submission of the false information.

8-15    8.  If any federal statute or regulation precludes the granting of federal

8-16  assistance or reduces the amount of that assistance for a particular public

8-17  work because of the provisions of subsection 2, those provisions do not

8-18  apply insofar as their application would preclude or reduce federal

8-19  assistance for that work. The provisions of subsection 2 do not apply to any

8-20  contract for a public work which is expected to cost less than $250,000.

8-21    9.  [Except as otherwise provided in subsection 2 of NRS 338.1727 and

8-22  subsection 2 of NRS 408.3886 if] If a bid is submitted by two or more

8-23  contractors as a joint venture or by one of them as a joint venturer, the

8-24  provisions of subsection 2 apply only if both or all of the joint venturers

8-25  separately meet the requirements of that subsection.

8-26    10.  The state contractors’ board shall adopt regulations and may assess

8-27  reasonable fees relating to the certification of contractors for a preference

8-28  in bidding on public works.

8-29    11.  A person or entity who believes that a contractor wrongfully holds

8-30  a certificate of eligibility to receive a preference in bidding on public works

8-31  may challenge the validity of the certificate by filing a written objection

8-32  with the public body to which the contractor has submitted a bid or

8-33  proposal on a contract for the completion of a public work. A written

8-34  objection authorized pursuant to this subsection must:

8-35    (a) Set forth proof or substantiating evidence to support the belief of the

8-36  person or entity that the contractor wrongfully holds a certificate of

8-37  eligibility to receive a preference in bidding on public works; and

8-38    (b) Be filed with the public body at or after the time at which the

8-39  contractor submitted the bid or proposal to the public body and before the

8-40  time at which the public body awards the contract for which the bid or

8-41  proposal was submitted.

8-42    12.  If a public body receives a written objection pursuant to subsection

8-43  11, the public body shall determine whether the objection is accompanied

8-44  by the proof or substantiating evidence required pursuant to paragraph (a)

8-45  of that subsection. If the public body determines that the objection is not

8-46  accompanied by the required proof or substantiating evidence, the public

8-47  body shall dismiss the objection and may proceed immediately to award

8-48  the contract. If the public body determines that the objection is

8-49  accompanied by the required proof or substantiating evidence, the public


9-1  body shall determine whether the contractor qualifies for the certificate

9-2  pursuant to the provisions of this section and may proceed to award the

9-3  contract accordingly.

9-4    Sec. 5.  NRS 338.1711 is hereby amended to read as follows:

9-5    338.1711  1.  Except as otherwise provided in this section, a public

9-6  body shall contract with a prime contractor for the construction of a public

9-7  work for which the estimated cost exceeds $100,000.

9-8    2.  A public body may contract with a design-build team for the design

9-9  and construction of a public work that is a discrete project if the public

9-10  body determines that:

9-11    (a) The public work is:

9-12      (1) A plant or facility for the treatment and pumping of water or the

9-13  treatment and disposal of wastewater or sewage, the estimated cost of

9-14  which exceeds $100,000,000; or

9-15      (2) Any other type of public work, except a stand-alone underground

9-16  utility project, the estimated cost of which exceeds $30,000,000; and

9-17    (b) Contracting with a design-build team will enable the public body to:

9-18      (1) Design and construct the public work at a cost that is significantly

9-19  lower than the cost that the public body would incur to design and

9-20  construct the public work using a different method;

9-21      (2) Design and construct the public work in a shorter time than would

9-22  be required to design and construct the public work using a different

9-23  method, if exigent circumstances require that the public work be designed

9-24  and constructed within a short time; or

9-25      (3) Ensure that the design and construction of the public work is

9-26  properly coordinated, if the public work is unique, highly technical and

9-27  complex in nature.

9-28    3.  [In a county whose population is 400,000 or more, a] A public body

9-29  that is responsible for financing public works may, for its own public

9-30  works and those financed by a different public body, including, without

9-31  limitation, an airport if the airport is owned and operated as a department

9-32  of the public body, contract with a design-build team once in each fiscal

9-33  year for the design and construction of a public work if the public body

9-34  determines that:

9-35    (a) The estimated cost of the public work is :

9-36      (1) For a public work that is a plant or facility for the treatment and

9-37  pumping of water or the treatment and disposal of wastewater or sewage,

9-38  at least [$5,000,000] $250,000 but less than $100,000,000; or

9-39      (2) For any other type of public work, at least $250,000 but less than

9-40  $30,000,000; and

9-41    (b) Contracting with a design-build team will enable the public body to:

9-42      (1) Design and construct the public work at a cost that is significantly

9-43  lower than the cost that the public body would incur to design and

9-44  construct the public work using a different method;

9-45      (2) Design and construct the public work in a shorter time than would

9-46  be required to design and construct the public work using a different

9-47  method, if exigent circumstances require that the public work be designed

9-48  and constructed within a short time; or


10-1      (3) Ensure that the design and construction of the public work is

10-2  properly coordinated, if the public work is unique, highly technical and

10-3  complex in nature.

10-4    4.  Notwithstanding the provisions of subsections 1, 2 and 3, a public

10-5  body may contract with:

10-6    (a) A nonprofit organization for the design and construction of a project

10-7  to restore, enhance or develop wetlands.

10-8    (b) A prime contractor, specialty contractor or design-build team with

10-9  respect to a public work if the public body determines that the public work

10-10  is:

10-11     (1) Not part of a larger public work; and

10-12     (2) Limited in scope to:

10-13       (I) Removal of asbestos;

10-14       (II) Replacement of equipment or systems for heating, ventilation

10-15  and air-conditioning;

10-16       (III) Replacement of a roof;

10-17       (IV) Landscaping; or

10-18       (V) Restoration, enhancement or development of wetlands.

10-19  Sec. 6.  NRS 338.1713 is hereby amended to read as follows:

10-20  338.1713  1.  A public body shall not contract with a design-build

10-21  team with respect to a public work unless the governing body of the public

10-22  body makes the determinations, at a public hearing, that are required

10-23  pursuant to subsection 2, 3 or 4 of NRS 338.1711, as applicable.

10-24  2.  A public body that is required to hold a public hearing pursuant to

10-25  this section shall publish notice of the hearing [at least once each week for

10-26  3 consecutive weeks in:

10-27  (a) A newspaper of general circulation published in the county in which

10-28  the public work is proposed to be constructed or, if there is no such

10-29  newspaper, in a newspaper of general circulation in the county published in

10-30  this state; and

10-31  (b) A] in a newspaper of general circulation in this state.

10-32  Sec. 7.  NRS 338.1723 is hereby amended to read as follows:

10-33  338.1723  1.  A public body shall advertise for preliminary proposals

10-34  for the design and construction of a public work by a design-build team [at

10-35  least twice each week for 3 consecutive weeks in:

10-36  (a) A newspaper of general circulation published in the county in which

10-37  the public work is proposed to be constructed or, if there is no such

10-38  newspaper, in a newspaper of general circulation in the county published in

10-39  this state; and

10-40  (b) A] in a newspaper of general circulation in this state.

10-41  2.  A request for preliminary proposals published pursuant to

10-42  subsection 1 must include, without limitation:

10-43  (a) A description of the public work to be designed and constructed;

10-44  (b) Separate estimates of the costs of designing and constructing the

10-45  public work;

10-46  (c) The dates on which it is anticipated that the separate phases of the

10-47  design and construction of the public work will begin and end;

10-48  (d) The date by which preliminary proposals must be submitted to the

10-49  public body, which must not be less than 30 days after the date that the


11-1  request for preliminary proposals is first published in a newspaper

11-2  pursuant to subsection 1; and

11-3    (e) A statement setting forth the place and time in which a design-build

11-4  team desiring to submit a proposal for the public work may obtain the

11-5  information necessary to submit a proposal, including, without limitation,

11-6  the information set forth in subsection 3.

11-7    3.  A public body shall maintain at the time and place set forth in the

11-8  request for preliminary proposals the following information for

11-9  inspection by a design-build team desiring to submit a proposal for the

11-10  public work:

11-11  (a) The extent to which designs must be completed for both preliminary

11-12  and final proposals and any other requirements for the design and

11-13  construction of the public work that the public body determines to be

11-14  necessary;

11-15  [(e)] (b) A list of the requirements set forth in NRS 338.1721;

11-16  [(f)] (c) A list of the factors that the public body will use to evaluate

11-17  design-build teams who submit a proposal for the public work, including,

11-18  without limitation:

11-19     (1) The relative weight to be assigned to each factor [;] pursuant to

11-20  NRS 338.1727; and

11-21     (2) A disclosure of whether the factors that are not related to cost are,

11-22  when considered as a group, more or less important in the process of

11-23  evaluation than the factor of cost;

11-24  [(g)] (d) Notice that a design-build team desiring to submit a proposal

11-25  for the public work must include with its proposal the information used by

11-26  the public body to determine finalists among the design-build teams

11-27  submitting proposals pursuant to subsection 2 of NRS 338.1725 and a

11-28  description of that information;

11-29  [(h)] (e) A statement that a design-build team whose prime contractor

11-30  holds a certificate of eligibility to receive a preference in bidding on public

11-31  works issued pursuant to NRS 338.1389 or 338.147 should submit a copy

11-32  of the certificate of eligibility with its proposal;

11-33  [(i)] and

11-34  (f) A statement as to whether a design-build team that is selected as a

11-35  finalist pursuant to NRS 338.1725 but is not awarded the design-build

11-36  contract pursuant to NRS 338.1727 will be partially reimbursed for the cost

11-37  of preparing a final proposal and, if so, an estimate of the amount of the

11-38  partial reimbursement . [; and

11-39  (j) The date by which preliminary proposals must be submitted to the

11-40  public body, which must not be less than 30 days or more than 60 days

11-41  after the date on which the request for preliminary proposals is first

11-42  published in a newspaper pursuant to subsection 1.]

11-43  Sec. 8.  NRS 338.1725 is hereby amended to read as follows:

11-44  338.1725  1.  [At least 30 days after the date by which preliminary

11-45  proposals must be submitted to the public body, the] The public body shall

11-46  select at least three but not more than five finalists from among the design-

11-47  build teams that submitted preliminary proposals. If the public body does

11-48  not receive at least three preliminary proposals from design-build teams

11-49  that the public body determines to be qualified pursuant to this section and


12-1  NRS 338.1721, the public body may not contract with a design-build team

12-2  for the design and construction of the public work.

12-3    2.  The public body shall select finalists pursuant to subsection 1 by:

12-4    (a) Verifying that each design-build team which submitted a

12-5  preliminary proposal satisfies the requirements of NRS 338.1721; and

12-6    (b) Conducting an evaluation of the qualifications of each design-build

12-7  team that submitted a preliminary proposal, including, without limitation,

12-8  an evaluation of:

12-9      (1) The professional qualifications and experience of the members of

12-10  the design-build team;

12-11     (2) The performance history of the members of the design-build team

12-12  concerning other recent, similar projects completed by those members, if

12-13  any;

12-14     (3) The safety programs established and the safety records

12-15  accumulated by the members of the design-build team; [and]

12-16     (4) The proposed plan of the design-build team to manage the design

12-17  and construction of the public work that sets forth in detail the ability of the

12-18  design-build team to design and construct the public work [.] ; and

12-19     (5) The degree to which the preliminary proposal is responsive to

12-20  the requirements of the public body for the submittal of a preliminary

12-21  proposal.

12-22  Sec. 9.  NRS 338.1727 is hereby amended to read as follows:

12-23  338.1727  1.  After selecting the finalists pursuant to NRS 338.1725,

12-24  the public body shall provide to each finalist a request for final proposals

12-25  for the public work. The request for final proposals must:

12-26  (a) Set forth the factors that the public body will use to select a design-

12-27  build team to design and construct the public work, including the relative

12-28  weight to be assigned to each factor; and

12-29  (b) Set forth the date by which final proposals must be submitted to the

12-30  public body.

12-31  2.  In assigning the relative weight to each factor for selecting a

12-32  design-build team pursuant to subsection 1, the public body shall assign,

12-33  without limitation, a relative weight of 5 percent to the possession of a

12-34  certificate of eligibility to receive a preference in bidding on public works

12-35  and a relative weight of 30 percent to the proposed cost of design and

12-36  construction of the public work.

12-37  3.  A final proposal submitted by a design-build team pursuant to this

12-38  section must be prepared thoroughly, be responsive to the criteria that the

12-39  public body will use to select a design-build team to design and construct

12-40  the public work described in subsection 1 and comply with the provisions

12-41  of NRS 338.141. [If the cost of construction is a factor in the selection of a

12-42  design-build team, a design-build team whose prime contractor has

12-43  submitted with its proposal a certificate of eligibility to receive a

12-44  preference in bidding on public works issued pursuant to NRS 338.1389 or

12-45  338.147 shall be deemed to have submitted a better proposal than a

12-46  competing design-build team whose prime contractor has not submitted

12-47  such a certificate of eligibility if the amount proposed by the design-build

12-48  team is not more than 5 percent higher than the amount proposed by the

12-49  competing design-build team.

13-1    3.  At least 30 days after]

13-2    4.  After receiving the final proposals for the public work, the public

13-3  body shall:

13-4    (a) Select the most cost-effective and responsive final proposal, using

13-5  the criteria set forth pursuant to [subsection 1;] subsections 1 and 2; or

13-6    (b) Reject all the final proposals.

13-7    [4.] 5.  If a public body selects a final proposal pursuant to paragraph

13-8  (a) of subsection [3,] 4, the public body shall, at its next regularly

13-9  scheduled meeting:

13-10  (a) Review and ratify the selection.

13-11  (b) Award the design-build contract to the design-build team whose

13-12  proposal is selected.

13-13  (c) Partially reimburse the unsuccessful finalists if partial

13-14  reimbursement was provided for in the request for preliminary proposals

13-15  pursuant to paragraph [(i)] (f) of subsection [2] 3 of NRS 338.1723. The

13-16  amount of reimbursement must not exceed, for each unsuccessful finalist, 3

13-17  percent of the total amount to be paid to the design-build team as set forth

13-18  in the design-build contract.

13-19  (d) Make available to the public a summary setting forth the factors

13-20  used by the public body to select the successful design-build team and the

13-21  ranking of the design-build teams who submitted final proposals. The

13-22  public body shall not release to a third party, or otherwise make public,

13-23  financial or proprietary information submitted by a design-build team.

13-24  [5.] 6.  A contract awarded pursuant to this section must specify:

13-25  (a) An amount that is the maximum amount that the public body will

13-26  pay for the performance of all the work required by the contract, excluding

13-27  any amount related to costs that may be incurred as a result of unexpected

13-28  conditions or occurrences as authorized by the contract;

13-29  (b) An amount that is the maximum amount that the public body will

13-30  pay for the performance of the professional services required by the

13-31  contract; and

13-32  (c) A date by which performance of the work required by the contract

13-33  must be completed.

13-34  [6.] 7.  A design-build team to whom a contract is awarded pursuant to

13-35  this section shall:

13-36  (a) Assume overall responsibility for ensuring that the design and

13-37  construction of the public work is completed in a satisfactory manner; and

13-38  (b) Use the work force of the prime contractor on the design-build team

13-39  to construct at least 15 percent of the public work.

13-40  Sec. 10.  NRS 408.215 is hereby amended to read as follows:

13-41  408.215  1.  The director has charge of all the records of the

13-42  department, keeping records of all proceedings pertaining to the

13-43  department and keeping on file information, plans, specifications,

13-44  estimates, statistics and records prepared by the department, except those

13-45  financial statements described in NRS 408.333 and the financial or

13-46  proprietary information described in paragraph (d) of subsection [4] 5 of

13-47  NRS 408.3886, which must not become matters of public record.

14-1    2.  The director may photograph, microphotograph or film or dispose of

14-2  the records of the department referred to in subsection 1 as provided in

14-3  NRS 239.051, 239.080 and 239.085.

14-4    3.  The director shall maintain an index or record of deeds or other

14-5  references of title or interests in and to all lands or interests in land owned

14-6  or acquired by the department.

14-7    4.  The director shall adopt such regulations as may be necessary to

14-8  carry out and enforce the provisions of this chapter.

14-9    Sec. 11.  NRS 408.3881 is hereby amended to read as follows:

14-10  408.3881  1.  The department shall not contract with a design-build

14-11  team with respect to a project unless the board makes the determinations, at

14-12  a public meeting, that are required pursuant to NRS 408.388.

14-13  2.  If the department is required to hold a public meeting pursuant to

14-14  this section, the department shall publish notice of the meeting [at least

14-15  once each week for 3 consecutive weeks in:

14-16  (a) A newspaper of general circulation published in each county in

14-17  which the project is proposed to be constructed or, if there is no such

14-18  newspaper, in a newspaper of general circulation in each county published

14-19  in this state; and

14-20  (b) A] in a newspaper of general circulation in this state.

14-21  Sec. 12.  NRS 408.3883 is hereby amended to read as follows:

14-22  408.3883  1.  The department shall advertise for preliminary proposals

14-23  for the design and construction of a project by a design-build team [at least

14-24  twice each week for 3 consecutive weeks in:

14-25  (a) A newspaper of general circulation published in each county in

14-26  which the project is proposed to be constructed or, if there is no such

14-27  newspaper, in a newspaper of general circulation in each county published

14-28  in this state; and

14-29  (b) A] in a newspaper of general circulation in this state.

14-30  2.  A request for preliminary proposals published pursuant to

14-31  subsection 1 must include, without limitation:

14-32  (a) A description of the proposed project;

14-33  (b) Separate estimates of the costs of designing and constructing the

14-34  project;

14-35  (c) The dates on which it is anticipated that the separate phases of the

14-36  design and construction of the project will begin and end;

14-37  (d) The date by which preliminary proposals must be submitted to the

14-38  department, which must not be less than 30 days after the date that the

14-39  request for preliminary proposals is first published in a newspaper

14-40  pursuant to subsection 1; and

14-41  (e) A statement setting forth the place and time in which a design-build

14-42  team desiring to submit a proposal for the project may obtain the

14-43  information necessary to submit a proposal, including, without limitation,

14-44  the information set forth in subsection 3.

14-45  3.  The department shall maintain at the time and place set forth in

14-46  the request for preliminary proposals the following information for

14-47  inspection by a design-build team desiring to submit a proposal for the

14-48  project:

15-1    (a) The extent to which designs must be completed for both preliminary

15-2  and final proposals and any other requirements for the design and

15-3  construction of the project that the department determines to be necessary;

15-4    [(e)] (b) A list of the requirements set forth in NRS 408.3884;

15-5    [(f)] (c) A list of the factors that the department will use to evaluate

15-6  design-build teams who submit a proposal for the project, including,

15-7  without limitation:

15-8      (1) The relative weight to be assigned to each factor [;] pursuant to

15-9  NRS 408.3886; and

15-10     (2) A disclosure of whether the factors that are not related to cost are,

15-11  when considered as a group, more or less important in the process of

15-12  evaluation than the factor of cost;

15-13  [(g)] (d) Notice that a design-build team desiring to submit a proposal

15-14  for the project must include with its proposal the information used by the

15-15  department to determine finalists among the design-build teams submitting

15-16  proposals pursuant to subsection 2 of NRS 408.3885 and a description of

15-17  that information;

15-18  [(h)] (e) A statement that a design-build team whose prime contractor

15-19  holds a certificate of eligibility to receive a preference in bidding on public

15-20  works issued pursuant to NRS 338.1389 or 338.147 should submit a copy

15-21  of the certificate of eligibility with its proposal;

15-22  [(i)] and

15-23  (f) A statement as to whether a bidding design-build team that is

15-24  selected as a finalist pursuant to NRS 408.3885 but is not awarded the

15-25  design-build contract pursuant to NRS 408.3886 will be partially

15-26  reimbursed for the cost of preparing a final proposal and, if so, an estimate

15-27  of the amount of the partial reimbursement . [; and

15-28  (j) The date by which preliminary proposals must be submitted to the

15-29  department, which must not be less than 30 days or more than 60 days after

15-30  the date on which the request for preliminary proposals is first published in

15-31  a newspaper pursuant to subsection 1.]

15-32  Sec. 13.  NRS 408.3885 is hereby amended to read as follows:

15-33  408.3885  1.  [At least 30 days after the date by which preliminary

15-34  proposals must be submitted to the department, the] The department shall

15-35  select at least three but not more than five finalists from among the design-

15-36  build teams that submitted preliminary proposals. If the department does

15-37  not receive at least three preliminary proposals from design-build teams

15-38  that the department determines to be qualified pursuant to this section and

15-39  NRS 408.3884, the department may not contract with a design-build team

15-40  for the design and construction of the project.

15-41  2.  The department shall select finalists pursuant to subsection 1 by:

15-42  (a) Verifying that each design-build team which submitted a

15-43  preliminary proposal satisfies the requirements of NRS 408.3884; and

15-44  (b) Conducting an evaluation of the qualifications of each design-build

15-45  team that submitted a preliminary proposal, including, without limitation,

15-46  an evaluation of:

15-47     (1) The professional qualifications and experience of the members of

15-48  the design-build team;

16-1      (2) The performance history of the members of the design-build team

16-2  concerning other recent, similar projects completed by those members, if

16-3  any;

16-4      (3) The safety programs established and the safety records

16-5  accumulated by the members of the design-build team; [and]

16-6      (4) The proposed plan of the design-build team to manage the design

16-7  and construction of the project that sets forth in detail the ability of the

16-8  design-build team to design and construct the project [.] ; and

16-9      (5) The degree to which the preliminary proposal is responsive to

16-10  the requirements of the department for the submittal of a preliminary

16-11  proposal.

16-12  Sec. 14.  NRS 408.3886 is hereby amended to read as follows:

16-13  408.3886  1.  After selecting the finalists pursuant to NRS 408.3885,

16-14  the department shall provide to each finalist a request for final proposals

16-15  for the project. The request for final proposals must:

16-16  (a) Set forth the factors that the department will use to select a design-

16-17  build team to design and construct the project, including the relative weight

16-18  to be assigned to each factor; and

16-19  (b) Set forth the date by which final proposals must be submitted to the

16-20  department.

16-21  2.  In assigning the relative weight to each factor for selecting a

16-22  design-build team pursuant to subsection 1, the department shall assign,

16-23  without limitation, a relative weight of 5 percent to the possession of a

16-24  certificate of eligibility to receive a preference in bidding on public works

16-25  and a relative weight of 30 percent for the proposed cost of design and

16-26  construction of the project.

16-27  3.  A final proposal submitted by a design-build team pursuant to this

16-28  section must be prepared thoroughly, be responsive to the criteria that the

16-29  department will use to select a design-build team to design and construct

16-30  the project described in subsection 1 and comply with the provisions of

16-31  NRS 338.141. [If the cost of construction is a factor in the selection of a

16-32  design-build team, a design-build team whose prime contractor has

16-33  submitted with its proposal a certificate of eligibility to receive a

16-34  preference in bidding on public works issued pursuant to NRS 338.1389 or

16-35  338.147 shall be deemed to have submitted a better proposal than a

16-36  competing design-build team whose prime contractor has not submitted

16-37  such a certificate of eligibility if the amount proposed by the design-build

16-38  team is not more than 5 percent higher than the amount proposed by the

16-39  competing design-build team.

16-40  3.  At least 30 days after]

16-41  4.  After receiving the final proposals for the project, the department

16-42  shall:

16-43  (a) Select the most cost-effective and responsive final proposal, using

16-44  the criteria set forth pursuant to [subsection 1;] subsections 1 and 2; or

16-45  (b) Reject all the final proposals.

16-46  [4.] 5.  If the department selects a final proposal pursuant to paragraph

16-47  (a) of subsection [3,] 4, the department shall hold a public meeting to:

16-48  (a) Review and ratify the selection.

17-1    (b) Award the design-build contract to the design-build team whose

17-2  proposal is selected.

17-3    (c) Partially reimburse the unsuccessful finalists if partial

17-4  reimbursement was provided for in the request for preliminary proposals

17-5  pursuant to paragraph [(i)] (f) of subsection [2] 3 of NRS 408.3883. The

17-6  amount of reimbursement must not exceed, for each unsuccessful finalist,

17-7  three percent of the total amount to be paid to the design-build team as set

17-8  forth in the design-build contract.

17-9    (d) Make available to the public a summary setting forth the factors

17-10  used by the department to select the successful design-build team and the

17-11  ranking of the design-build teams who submitted final proposals. The

17-12  department shall not release to a third party, or otherwise make public,

17-13  financial or proprietary information submitted by a design-build team.

17-14  [5.] 6.  A contract awarded pursuant to this section must specify:

17-15  (a) An amount that is the maximum amount that the department will pay

17-16  for the performance of all the work required by the contract, excluding any

17-17  amount related to costs that may be incurred as a result of unexpected

17-18  conditions or occurrences as authorized by the contract;

17-19  (b) An amount that is the maximum amount that the department will

17-20  pay for the performance of the professional services required by the

17-21  contract; and

17-22  (c) A date by which performance of the work required by the contract

17-23  must be completed.

17-24  [6.] 7.  A design-build team to whom a contract is awarded pursuant to

17-25  this section shall:

17-26  (a) Assume overall responsibility for ensuring that the design and

17-27  construction of the project is completed in a satisfactory manner; and

17-28  (b) Use the work force of the prime contractor on the design-build team

17-29  to construct at least 15 percent of the project.

17-30  Sec. 15.  Section 21 of Assembly Bill No. 298 of the 1999 session as

17-31  last amended by section 35.6 of chapter 627, Statutes of Nevada 1999, at

17-32  page 3497, is hereby amended to read as follows:

17-33  Sec. 21.  1.  This section and sections 2 to 7, inclusive, 10 to 14,

17-34  inclusive, and 16 to [19, inclusive, and] 20 , inclusive, of this act

17-35  become effective on October 1, 1999.

17-36  2.  Section 8 of this act becomes effective on October 1, 1999, and

17-37  expires by limitation on [October 1, 2003.

17-38  3.  Sections 19.2 and 19.6 of this act become effective on October

17-39  1, 2003.

17-40  4.  Sections 15 and 19.4] May 1, 2013.

17-41  3.  Section 15 of this act [become] becomes effective at 12:01 a.m.

17-42  on May 1, 2013.

17-43  [5.] 4.  Sections 14, 18 [, 19 and 19.2] and 19 of this act expire by

17-44  limitation on May 1, 2013.

17-45  Sec. 16.  Section 38 of chapter 627, Statutes of Nevada 1999, at page

17-46  3504, is hereby amended to read as follows:

17-47  Sec. 38.  1.  This section and sections [35.4 and] 1 to 9,

17-48  inclusive, 14 to 35, inclusive, 35.6 and 36 of this act become effective

17-49  on October 1, 1999.

18-1    2.  [Sections 1 to 9, inclusive, 14 to 35, inclusive, 36 and] Section

18-2  37 of this act [become] becomes effective on October 1, 1999, and

18-3  [expire] expires by limitation on October 1, 2003.

18-4    3.  Sections 10, 13 and 35.8 of this act become effective at 12:01

18-5  a.m. on October 1, 1999 . [, and expire by limitation on October 1,

18-6  2003.]

18-7    4.  Section 11 of this act becomes effective at 12:01 a.m. on

18-8  October 1, 1999, and expires by limitation on May 1, 2013.

18-9    [5.  Section 13.5 of this act becomes effective at 12:01 a.m. on

18-10  October 1, 2003.

18-11  6.  Section 35.2 of this act becomes effective at 12:01 a.m. on

18-12  October 1, 2003 and expires by limitation on May 1, 2013.

18-13  7. Section 12 of this act becomes effective at 12:02 a.m. on May 1,

18-14  2013.]

18-15  Sec. 17.  Sections 12, 13.5, 35.2 and 35.4 of chapter 627, Statutes of

18-16  Nevada 1999, at pages 3476, 3479, 3490 and 3491, respectively, are hereby

18-17  repealed.

18-18  Sec. 18.  1.  This section and sections 2 and 4 to 17, inclusive, of this

18-19  act become effective on July 1, 2001.

18-20  2.  Section 1 of this act becomes effective on May 1, 2013.

18-21  3.  Section 3 of this act becomes effective at 12:03 a.m. on May 1,

18-22  2013.

 

 

18-23  TEXT OF REPEALED SECTIONS

 

 

18-24  Section 12 of chapter 627, Statutes of Nevada 1999

18-25  Sec. 12.  NRS 338.143 is hereby amended to read as follows:

18-26  338.143  1.  Except as otherwise provided in subsection 6, a local

18-27  government that awards a contract for the construction, alteration or

18-28  repair of a public work in accordance with paragraph (b) of subsection

18-29  1 of section 2 of [this act,] Assembly Bill No. 298 of this session, or a

18-30  public officer, public employee or other person responsible for

18-31  awarding a contract for the construction, alteration or repair of a

18-32  public work who represents that local government, shall not:

18-33  (a) Commence such a project for which the estimated cost exceeds

18-34  $100,000 unless it advertises in a newspaper of general circulation in

18-35  this state for bids for the project; or

18-36  (b) Divide such a project into separate portions to avoid the

18-37  requirements of paragraph (a).

18-38  2.  Except as otherwise provided in subsection 6, a local

18-39  government that maintains a list of properly licensed contractors who

18-40  are interested in receiving offers to bid on public works projects for

18-41  which the estimated cost is more than $25,000 but less than $100,000

18-42  shall solicit bids from not more than three of the contractors on the list

18-43  for a contract of that value for the construction, alteration or repair of

18-44  a public work. The local government shall select contractors from the


19-1  list in such a manner as to afford each contractor an equal opportunity

19-2  to bid on a public works project. A properly licensed contractor must

19-3  submit a written request annually to the local government to remain

19-4  on the list. Offers for bids which are made pursuant to this subsection

19-5  must be sent by certified mail.

19-6    3.  Approved plans and specifications for the bids must be on file

19-7  at a place and time stated in the advertisement for the inspection of all

19-8  persons desiring to bid thereon and for other interested persons.

19-9  Contracts for the project must be awarded on the basis of bids

19-10  received.

19-11  4.  Any bids received in response to an advertisement for bids may

19-12  be rejected if the person responsible for awarding the contract

19-13  determines that:

19-14  (a) The bidder is not responsive or responsible;

19-15  (b) The quality of the services, materials, equipment or labor

19-16  offered does not conform to the approved plan or specifications; or

19-17  (c) The public interest would be served by such a rejection.

19-18  5.  Before a local government may commence a project subject to

19-19  the provisions of this section, based upon a determination that the

19-20  public interest would be served by rejecting any bids received in

19-21  response to an advertisement for bids, it shall prepare and make

19-22  available for public inspection a written statement containing:

19-23  (a) A list of all persons, including supervisors, whom the local

19-24  government intends to assign to the project, together with their

19-25  classifications and an estimate of the direct and indirect costs of their

19-26  labor;

19-27  (b) A list of all equipment that the local government intends to use

19-28  on the project, together with an estimate of the number of hours each

19-29  item of equipment will be used and the hourly cost to use each item of

19-30  equipment;

19-31  (c) An estimate of the cost of administrative support for the

19-32  persons assigned to the project;

19-33  (d) An estimate of the total cost of the project; and

19-34  (e) An estimate of the amount of money the local government

19-35  expects to save by rejecting the bids and performing the project itself.

19-36  6.  This section does not apply to:

19-37  (a) Any utility subject to the provisions of chapter 318 or 710 of

19-38  NRS;

19-39  (b) Any work of construction, reconstruction, improvement and

19-40  maintenance of highways subject to NRS 408.323 or 408.327;

19-41  (c) Normal maintenance of the property of a school district; [or]

19-42  (d) The Las Vegas Valley water district created pursuant to chapter

19-43  167, Statutes of Nevada 1947, the Moapa Valley water district created

19-44  pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley

19-45  water district created pursuant to chapter 100, Statutes of Nevada

19-46  1993.

20-1    Section 13.5 of chapter 627, Statutes of Nevada 1999

20-2    Sec. 13.5.  NRS 338.147 is hereby amended to read as follows:

20-3    338.147  1.  Except as otherwise provided in NRS 338.143 , [and

20-4  sections 2 to 9, inclusive, of this act,] a local government shall award

20-5  a contract for a public work to the contractor who submits the best

20-6  bid.

20-7    2.  Except as otherwise provided in subsection 8 or limited by

20-8  subsection 9, for the purposes of this section, a contractor who:

20-9    (a) Has been found to be a responsible and responsive contractor

20-10  by the local government; and

20-11  (b) At the time he submits his bid, provides to the local

20-12  government a copy of a certificate of eligibility to receive a preference

20-13  in bidding on public works issued to him by the state contractors’

20-14  board pursuant to subsection 3,

20-15  shall be deemed to have submitted a better bid than a competing

20-16  contractor who has not provided a copy of such a valid certificate of

20-17  eligibility if the amount of his bid is not more than 5 percent higher

20-18  than the amount bid by the competing contractor.

20-19  3.  The state contractors’ board shall issue a certificate of

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

20-21  general contractor who is licensed pursuant to the provisions of

20-22  chapter 624 of NRS and submits to the board an affidavit from a

20-23  certified public accountant setting forth that the general contractor

20-24  has:

20-25  (a) Paid:

20-26     (1) The sales and use taxes imposed pursuant to chapters 372,

20-27  374 and 377 of NRS on materials used for construction in this state,

20-28  including, without limitation, construction that is undertaken or

20-29  carried out on land within the boundaries of this state that is managed

20-30  by the Federal Government or is on an Indian reservation or Indian

20-31  colony, of not less than $5,000 for each consecutive 12-month period

20-32  for 60 months immediately preceding the submission of the affidavit

20-33  from the certified public accountant;

20-34     (2) The motor vehicle privilege tax imposed pursuant to chapter

20-35  371 of NRS on the vehicles used in the operation of his business in

20-36  this state of not less than $5,000 for each consecutive 12-month

20-37  period for 60 months immediately preceding the submission of the

20-38  affidavit from the certified public accountant; or

20-39     (3) Any combination of such sales and use taxes and motor

20-40  vehicle privilege tax; or

20-41  (b) Acquired, by inheritance, gift or transfer through a stock option

20-42  plan for employees, all the assets and liabilities of a viable, operating

20-43  construction firm that possesses a:

20-44     (1) License as a general contractor pursuant to the provisions of

20-45  chapter 624 of NRS; and

20-46     (2) Certificate of eligibility to receive a preference in bidding on

20-47  public works.

21-1    4.  For the purposes of complying with the requirements set forth

21-2  in paragraph (a) of subsection 3, a general contractor shall be deemed

21-3  to have paid:

21-4    (a) Sales and use taxes and motor vehicle privilege taxes paid in

21-5  this state by an affiliate or parent company of the contractor, if the

21-6  affiliate or parent company is also a general contractor; and

21-7    (b) Sales and use taxes paid in this state by a joint venture in which

21-8  the contractor is a participant, in proportion to the amount of interest

21-9  the contractor has in the joint venture.

21-10  5.  A contractor who has received a certificate of eligibility to

21-11  receive a preference in bidding on public works from the state

21-12  contractors’ board pursuant to subsection 3 shall, at the time for the

21-13  annual renewal of his contractors’ license pursuant to NRS 624.283,

21-14  submit to the board an affidavit from a certified public accountant

21-15  setting forth that the contractor has, during the immediately preceding

21-16  12 months, paid the taxes required pursuant to paragraph (a) of

21-17  subsection 3 to maintain his eligibility to hold such a certificate.

21-18  6.  A contractor who fails to submit an affidavit to the board

21-19  pursuant to subsection 5 ceases to be eligible to receive a preference

21-20  in bidding on public works unless he reapplies for and receives a

21-21  certificate of eligibility pursuant to subsection 3.

21-22  7.  If a contractor who applies to the state contractors’ board for a

21-23  certificate of eligibility to receive a preference in bidding on public

21-24  works submits false information to the board regarding the required

21-25  payment of taxes, the contractor is not eligible to receive a preference

21-26  in bidding on public works for a period of 5 years after the date on

21-27  which the board becomes aware of the submission of the false

21-28  information.

21-29  8.  If any federal statute or regulation precludes the granting of

21-30  federal assistance or reduces the amount of that assistance for a

21-31  particular public work because of the provisions of subsection 2, those

21-32  provisions do not apply insofar as their application would preclude or

21-33  reduce federal assistance for that work. The provisions of subsection 2

21-34  do not apply to any contract for a public work which is expected to

21-35  cost less than $250,000.

21-36  9.  [Except as otherwise provided in subsection 2 of section 8 of

21-37  this act and subsection 2 of section 27 of this act, if] If a bid is

21-38  submitted by two or more contractors as a joint venture or by one of

21-39  them as a joint venturer, the provisions of subsection 2 apply only if

21-40  both or all of the joint venturers separately meet the requirements of

21-41  that subsection.

21-42  10.  The state contractors’ board shall adopt regulations and may

21-43  assess reasonable fees relating to the certification of contractors for a

21-44  preference in bidding on public works.

21-45  11.  A person or entity who believes that a contractor wrongfully

21-46  holds a certificate of eligibility to receive a preference in bidding on

21-47  public works may challenge the validity of the certificate by filing a

21-48  written objection with the public body to which the contractor has

21-49  submitted a bid or proposal on a contract for the completion of a


22-1  public work. A written objection authorized pursuant to this

22-2  subsection must:

22-3    (a) Set forth proof or substantiating evidence to support the belief

22-4  of the person or entity that the contractor wrongfully holds a

22-5  certificate of eligibility to receive a preference in bidding on public

22-6  works; and

22-7    (b) Be filed with the public body at or after the time at which the

22-8  contractor submitted the bid or proposal to the public body and before

22-9  the time at which the public body awards the contract for which the

22-10  bid or proposal was submitted.

22-11  12.  If a public body receives a written objection pursuant to

22-12  subsection 11, the public body shall determine whether the objection

22-13  is accompanied by the proof or substantiating evidence required

22-14  pursuant to paragraph (a) of that subsection. If the public body

22-15  determines that the objection is not accompanied by the required

22-16  proof or substantiating evidence, the public body shall dismiss the

22-17  objection and may proceed immediately to award the contract. If the

22-18  public body determines that the objection is accompanied by the

22-19  required proof or substantiating evidence, the public body shall

22-20  determine whether the contractor qualifies for the certificate pursuant

22-21  to the provisions of this section and may proceed to award the

22-22  contract accordingly.

22-23  Section 35.2 of chapter 627, Statutes of Nevada 1999

22-24           Sec. 35.2.  Section 11 of this act is hereby amended to read as

22-25  follows:

22-26  Sec. 11.  NRS 338.143 is hereby amended to read as follows:

22-27  338.143  1.  Except as otherwise provided in subsection 6 and

22-28  NRS 338.1907, a local government that awards a contract for the

22-29  construction, alteration or repair of a public work in accordance

22-30  with paragraph (b) of subsection 1 of section 2 of this act, or a

22-31  public officer, public employee or other person responsible for

22-32  awarding a contract for the construction, alteration or repair of a

22-33  public work who represents that local government, shall not:

22-34  (a) Commence such a project for which the estimated cost

22-35  exceeds $100,000 unless it advertises in a newspaper of general

22-36  circulation in this state for bids for the project; or

22-37  (b) Divide such a project into separate portions to avoid the

22-38  requirements of paragraph (a).

22-39  2.  Except as otherwise provided in subsection 6, a local

22-40  government that maintains a list of properly licensed contractors

22-41  who are interested in receiving offers to bid on public works

22-42  projects for which the estimated cost is more than $25,000 but less

22-43  than $100,000 shall solicit bids from not more than three of the

22-44  contractors on the list for a contract of that value for the

22-45  construction, alteration or repair of a public work. The local

22-46  government shall select contractors from the list in such a manner

22-47  as to afford each contractor an equal opportunity to bid on a public

22-48  works project. A properly licensed contractor must submit a written

22-49  request annually to the local government to remain on the list.


23-1  Offers for bids which are made pursuant to this subsection must be

23-2  sent by certified mail.

23-3    3.  Approved plans and specifications for the bids must be on

23-4  file at a place and time stated in the advertisement for the

23-5  inspection of all persons desiring to bid thereon and for other

23-6  interested persons. Contracts for the project must be awarded on the

23-7  basis of bids received.

23-8    4.  Any bids received in response to an advertisement for bids

23-9  may be rejected if the person responsible for awarding the contract

23-10  determines that:

23-11  (a) The bidder is not responsive or responsible;

23-12  (b) The quality of the services, materials, equipment or labor

23-13  offered does not conform to the approved plan or specifications; or

23-14  (c) The public interest would be served by such a rejection.

23-15  5.  Before a local government may commence a project subject

23-16  to the provisions of this section, based upon a determination that

23-17  the public interest would be served by rejecting any bids received in

23-18  response to an advertisement for bids, it shall prepare and make

23-19  available for public inspection a written statement containing:

23-20  (a) A list of all persons, including supervisors, whom the local

23-21  government intends to assign to the project, together with their

23-22  classifications and an estimate of the direct and indirect costs of

23-23  their labor;

23-24  (b) A list of all equipment that the local government intends to

23-25  use on the project, together with an estimate of the number of hours

23-26  each item of equipment will be used and the hourly cost to use each

23-27  item of equipment;

23-28  (c) An estimate of the cost of administrative support for the

23-29  persons assigned to the project;

23-30  (d) An estimate of the total cost of the project; and

23-31  (e) An estimate of the amount of money the local government

23-32  expects to save by rejecting the bids and performing the project

23-33  itself.

23-34  6.  This section does not apply to:

23-35  (a) Any utility subject to the provisions of chapter 318 or 710 of

23-36  NRS;

23-37  (b) Any work of construction, reconstruction, improvement and

23-38  maintenance of highways subject to NRS 408.323 or 408.327;

23-39  (c) Normal maintenance of the property of a school district; or

23-40  (d) The Las Vegas Valley water district created pursuant to

23-41  chapter 167, Statutes of Nevada 1947, the Moapa Valley water

23-42  district created pursuant to chapter 477, Statutes of Nevada 1983 or

23-43  the Virgin Valley water district created pursuant to chapter 100,

23-44  Statutes of Nevada 1993 . [; or

23-45  (e) The design and construction of a public work for which a

23-46  public body contracts with a design-build team pursuant to sections

23-47  2 to 9, inclusive, of this act.]

24-1    Section 35.4 of chapter 627, Statutes of Nevada 1999

24-2  Sec. 35.4.  Assembly Bill No. 298 of this session is hereby

24-3  amended by adding thereto new sections designated sections 19.2

24-4  through 19.6, following sec. 19, to read as follows:

24-5    Sec. 19.2.  Section 8 of this act is hereby amended to read as

24-6  follows:

24-7    Sec. 8.  1.  Except as otherwise provided in subsection 7

24-8  and NRS 338.1906 and 338.1907, this state, or a local

24-9  government that awards a contract for the construction, alteration

24-10  or repair of a public work in accordance with paragraph (a) of

24-11  subsection 1 of section 2 of this act, or a public officer, public

24-12  employee or other person responsible for awarding a contract for

24-13  the construction, alteration or repair of a public work who

24-14  represents the state or the local government, shall not:

24-15  (a) Commence such a project for which the estimated cost

24-16  exceeds $100,000 unless it advertises in a newspaper of general

24-17  circulation in this state for bids for the project; or

24-18  (b) Divide such a project into separate portions to avoid the

24-19  requirements of paragraph (a).

24-20  2.  Except as otherwise provided in subsection 7, a public

24-21  body that maintains a list of properly licensed contractors who

24-22  are interested in receiving offers to bid on public works projects

24-23  for which the estimated cost is more than $25,000 but less than

24-24  $100,000 shall solicit bids from not more than three of the

24-25  contractors on the list for a contract of that value for the

24-26  construction, alteration or repair of a public work. The public

24-27  body shall select contractors from the list in such a manner as to

24-28  afford each contractor an equal opportunity to bid on a public

24-29  works project. A properly licensed contractor must submit a

24-30  written request annually to the public body to remain on the list.

24-31  Offers for bids which are made pursuant to this subsection must

24-32  be sent by certified mail.

24-33  3.  Each advertisement for bids must include a provision that

24-34  sets forth:

24-35  (a) The requirement that a contractor must be qualified

24-36  pursuant to section 5 of this act to bid on the contract or must be

24-37  exempt from meeting such qualifications pursuant to section 6 of

24-38  this act; and

24-39  (b) The period during which an application to qualify as a

24-40  bidder on the contract must be submitted.

24-41  4.  Approved plans and specifications for the bids must be on

24-42  file at a place and time stated in the advertisement for the

24-43  inspection of all persons desiring to bid thereon and for other

24-44  interested persons. Contracts for the project must be awarded on

24-45  the basis of bids received.

24-46  5.  Any bids received in response to an advertisement for bids

24-47  may be rejected if the person responsible for awarding the

24-48  contract determines that:

25-1    (a) The bidder is not a qualified bidder pursuant to section 5

25-2  of this act, unless the bidder is exempt from meeting such

25-3  qualifications pursuant to section 6 of this act;

25-4    (b) The bidder is not responsive;

25-5    (c) The quality of the services, materials, equipment or labor

25-6  offered does not conform to the approved plan or specifications;

25-7  or

25-8    (d) The public interest would be served by such a rejection.

25-9    6.  Before the state or a local government may commence a

25-10  project subject to the provisions of this section, based upon a

25-11  determination that the public interest would be served by

25-12  rejecting any bids received in response to an advertisement for

25-13  bids, it shall prepare and make available for public inspection a

25-14  written statement containing:

25-15  (a) A list of all persons, including supervisors, whom the state

25-16  or the local government intends to assign to the project, together

25-17  with their classifications and an estimate of the direct and

25-18  indirect costs of their labor;

25-19  (b) A list of all equipment that the state or the local

25-20  government intends to use on the project, together with an

25-21  estimate of the number of hours each item of equipment will be

25-22  used and the hourly cost to use each item of equipment;

25-23  (c) An estimate of the cost of administrative support for the

25-24  persons assigned to the project;

25-25  (d) An estimate of the total cost of the project; and

25-26  (e) An estimate of the amount of money the state or the local

25-27  government expects to save by rejecting the bids and performing

25-28  the project itself.

25-29  7.  This section does not apply to:

25-30  (a) Any utility subject to the provisions of chapter 318 or 710

25-31  of NRS;

25-32  (b) Any work of construction, reconstruction, improvement

25-33  and maintenance of highways subject to NRS 408.323 or

25-34  408.327;

25-35  (c) Normal maintenance of the property of a school district;

25-36  or

25-37  (d) The Las Vegas Valley water district created pursuant to

25-38  chapter 167, Statutes of Nevada 1947, the Moapa Valley water

25-39  district created pursuant to chapter 477, Statutes of Nevada 1983

25-40  or the Virgin Valley water district created pursuant to chapter

25-41  100, Statutes of Nevada 1993 . [; or

25-42  (e) The design and construction of a public work for which a

25-43  public body contracts with a design-build team pursuant to

25-44  sections 2 to 9, inclusive, of Senate Bill No. 475 of this session.]

25-45  Sec. 19.4.  Section 8 of this act is hereby amended to read as

25-46  follows:

25-47  Sec. 8.  1.  Except as otherwise provided in subsection 7 ,

25-48  [and NRS 338.1906 and 338.1907,] this state, or a local

25-49  government that awards a contract for the construction, alteration


26-1  or repair of a public work in accordance with paragraph (a) of

26-2  subsection 1 of section 2 of this act, or a public officer, public

26-3  employee or other person responsible for awarding a contract for

26-4  the construction, alteration or repair of a public work who

26-5  represents the state or the local government, shall not:

26-6    (a) Commence such a project for which the estimated cost

26-7  exceeds $100,000 unless it advertises in a newspaper of general

26-8  circulation in this state for bids for the project; or

26-9    (b) Divide such a project into separate portions to avoid the

26-10  requirements of paragraph (a).

26-11  2.  Except as otherwise provided in subsection 7, a public

26-12  body that maintains a list of properly licensed contractors who

26-13  are interested in receiving offers to bid on public works projects

26-14  for which the estimated cost is more than $25,000 but less than

26-15  $100,000 shall solicit bids from not more than three of the

26-16  contractors on the list for a contract of that value for the

26-17  construction, alteration or repair of a public work. The public

26-18  body shall select contractors from the list in such a manner as to

26-19  afford each contractor an equal opportunity to bid on a public

26-20  works project. A properly licensed contractor must submit a

26-21  written request annually to the public body to remain on the list.

26-22  Offers for bids which are made pursuant to this subsection must

26-23  be sent by certified mail.

26-24  3.  Each advertisement for bids must include a provision that

26-25  sets forth:

26-26  (a) The requirement that a contractor must be qualified

26-27  pursuant to section 5 of this act to bid on the contract or must be

26-28  exempt from meeting such qualifications pursuant to section 6 of

26-29  this act; and

26-30  (b) The period during which an application to qualify as a

26-31  bidder on the contract must be submitted.

26-32  4.  Approved plans and specifications for the bids must be on

26-33  file at a place and time stated in the advertisement for the

26-34  inspection of all persons desiring to bid thereon and for other

26-35  interested persons. Contracts for the project must be awarded on

26-36  the basis of bids received.

26-37  5.  Any bids received in response to an advertisement for bids

26-38  may be rejected if the person responsible for awarding the

26-39  contract determines that:

26-40  (a) The bidder is not a qualified bidder pursuant to section 5

26-41  of this act, unless the bidder is exempt from meeting such

26-42  qualifications pursuant to section 6 of this act;

26-43  (b) The bidder is not responsive;

26-44  (c) The quality of the services, materials, equipment or labor

26-45  offered does not conform to the approved plan or specifications;

26-46  or

26-47  (d) The public interest would be served by such a rejection.

26-48  6.  Before the state or a local government may commence a

26-49  project subject to the provisions of this section, based upon a


27-1  determination that the public interest would be served by

27-2  rejecting any bids received in response to an advertisement for

27-3  bids, it shall prepare and make available for public inspection a

27-4  written statement containing:

27-5    (a) A list of all persons, including supervisors, whom the state

27-6  or the local government intends to assign to the project, together

27-7  with their classifications and an estimate of the direct and

27-8  indirect costs of their labor;

27-9    (b) A list of all equipment that the state or the local

27-10  government intends to use on the project, together with an

27-11  estimate of the number of hours each item of equipment will be

27-12  used and the hourly cost to use each item of equipment;

27-13  (c) An estimate of the cost of administrative support for the

27-14  persons assigned to the project;

27-15  (d) An estimate of the total cost of the project; and

27-16  (e) An estimate of the amount of money the state or the local

27-17  government expects to save by rejecting the bids and performing

27-18  the project itself.

27-19  7.  This section does not apply to:

27-20  (a) Any utility subject to the provisions of chapter 318 or 710

27-21  of NRS;

27-22  (b) Any work of construction, reconstruction, improvement

27-23  and maintenance of highways subject to NRS 408.323 or

27-24  408.327;

27-25  (c) Normal maintenance of the property of a school district; or

27-26  (d) The Las Vegas Valley water district created pursuant to

27-27  chapter 167, Statutes of Nevada 1947, the Moapa Valley water

27-28  district created pursuant to chapter 477, Statutes of Nevada 1983

27-29  or the Virgin Valley water district created pursuant to chapter

27-30  100, Statutes of Nevada 1993.

27-31  Sec. 19.6.  Section 11 of this act is hereby amended to read as

27-32  follows:

27-33  Sec. 11.  1.  Except as otherwise provided in section 8 of

27-34  this act , [and sections 2 to 9, inclusive, of Senate Bill No. 475 of

27-35  this session,] a public body shall award a contract for a public

27-36  work to the contractor who submits the best bid.

27-37  2.  Except as otherwise provided in subsection 8 or limited by

27-38  subsection 9, for the purposes of this section, a contractor who:

27-39  (a) Has been determined by the public body to be a qualified

27-40  bidder pursuant to section 5 of this act or is exempt from meeting

27-41  such requirements pursuant to section 6 of this act; and

27-42  (b) At the time he submits his bid, provides to the public body

27-43  a copy of a certificate of eligibility to receive a preference in

27-44  bidding on public works issued to him by the state contractors’

27-45  board pursuant to subsection 3,

27-46  shall be deemed to have submitted a better bid than a competing

27-47  contractor who has not provided a copy of such a valid certificate

27-48  of eligibility if the amount of his bid is not more than 5 percent

27-49  higher than the amount bid by the competing contractor.

28-1    3.  The state contractors’ board shall issue a certificate of

28-2  eligibility to receive a preference in bidding on public works to a

28-3  general contractor who is licensed pursuant to the provisions of

28-4  chapter 624 of NRS and submits to the board an affidavit from a

28-5  certified public accountant setting forth that the general

28-6  contractor has:

28-7    (a) Paid:

28-8       (1) The sales and use taxes imposed pursuant to chapters

28-9  372, 374 and 377 of NRS on materials used for construction in

28-10  this state, including, without limitation, construction that is

28-11  undertaken or carried out on land within the boundaries of this

28-12  state that is managed by the Federal Government or is on an

28-13  Indian reservation or Indian colony, of not less than $5,000 for

28-14  each consecutive 12-month period for 60 months immediately

28-15  preceding the submission of the affidavit from the certified

28-16  public accountant;

28-17      (2) The motor vehicle privilege tax imposed pursuant to

28-18  chapter 371 of NRS on the vehicles used in the operation of his

28-19  business in this state of not less than $5,000 for each consecutive

28-20  12-month period for 60 months immediately preceding the

28-21  submission of the affidavit from the certified public accountant;

28-22  or

28-23      (3) Any combination of such sales and use taxes and motor

28-24  vehicle privilege tax; or

28-25  (b) Acquired, by inheritance, gift or transfer through a stock

28-26  option plan for employees, all the assets and liabilities of a

28-27  viable, operating construction firm that possesses a:

28-28      (1) License as a general contractor pursuant to the

28-29  provisions of chapter 624 of NRS; and

28-30      (2) Certificate of eligibility to receive a preference in

28-31  bidding on public works.

28-32  4.  For the purposes of complying with the requirements set

28-33  forth in paragraph (a) of subsection 3, a general contractor shall

28-34  be deemed to have paid:

28-35  (a) Sales and use taxes and motor vehicle privilege taxes paid

28-36  in this state by an affiliate or parent company of the contractor, if

28-37  the affiliate or parent company is also a general contractor; and

28-38  (b) Sales and use taxes paid in this state by a joint venture in

28-39  which the contractor is a participant, in proportion to the amount

28-40  of interest the contractor has in the joint venture.

28-41  5.  A contractor who has received a certificate of eligibility to

28-42  receive a preference in bidding on public works from the state

28-43  contractors’ board pursuant to subsection 3 shall, at the time for

28-44  the annual renewal of his contractors’ license pursuant to NRS

28-45  624.283, submit to the board an affidavit from a certified public

28-46  accountant setting forth that the contractor has, during the

28-47  immediately preceding 12 months, paid the taxes required

28-48  pursuant to paragraph (a) of subsection 3 to maintain his

28-49  eligibility to hold such a certificate.

29-1    6.  A contractor who fails to submit an affidavit to the board

29-2  pursuant to subsection 5 ceases to be eligible to receive a

29-3  preference in bidding on public works unless he reapplies for and

29-4  receives a certificate of eligibility pursuant to subsection 3.

29-5    7.  If a contractor who applies to the state contractors’ board

29-6  for a certificate of eligibility to receive a preference in bidding on

29-7  public works submits false information to the board regarding the

29-8  required payment of taxes, the contractor is not eligible to

29-9  receive a preference in bidding on public works for a period of 5

29-10  years after the date on which the board becomes aware of the

29-11  submission of the false information.

29-12  8.  If any federal statute or regulation precludes the granting

29-13  of federal assistance or reduces the amount of that assistance for

29-14  a particular public work because of the provisions of subsection

29-15  2, those provisions do not apply insofar as their application

29-16  would preclude or reduce federal assistance for that work. The

29-17  provisions of subsection 2 do not apply to any contract for a

29-18  public work which is expected to cost less than $250,000.

29-19  9.  [Except as otherwise provided in subsection 2 of section 8

29-20  of Senate Bill No. 475 of this session, if] If a bid is submitted by

29-21  two or more contractors as a joint venture or by one of them as a

29-22  joint venturer, the provisions of subsection 2 apply only if both

29-23  or all of the joint venturers separately meet the requirements of

29-24  that subsection.

29-25  10.  The state contractors’ board shall adopt regulations and

29-26  may assess reasonable fees relating to the certification of

29-27  contractors for a preference in bidding on public works.

29-28  11.  A person or entity who believes that a contractor

29-29  wrongfully holds a certificate of eligibility to receive a

29-30  preference in bidding on public works may challenge the validity

29-31  of the certificate by filing a written objection with the public

29-32  body to which the contractor has submitted a bid or proposal on a

29-33  contract for the construction of a public work. A written

29-34  objection authorized pursuant to this subsection must:

29-35  (a) Set forth proof or substantiating evidence to support the

29-36  belief of the person or entity that the contractor wrongfully holds

29-37  a certificate of eligibility to receive a preference in bidding on

29-38  public works; and

29-39  (b) Be filed with the public body at or after the time at which

29-40  the contractor submitted the bid or proposal to the public body

29-41  and before the time at which the public body awards the contract

29-42  for which the bid or proposal was submitted.

29-43   12.  If a public body receives a written objection pursuant to

29-44  subsection 11, the public body shall determine whether the

29-45  objection is accompanied by the proof or substantiating evidence

29-46  required pursuant to paragraph (a) of that subsection. If the

29-47  public body determines that the objection is not accompanied by

29-48  the required proof or substantiating evidence, the public body

29-49  shall dismiss the objection and may proceed immediately to


30-1  award the contract. If the public body determines that the

30-2  objection is accompanied by the required proof or substantiating

30-3  evidence, the public body shall determine whether the contractor

30-4  qualifies for the certificate pursuant to the provisions of this

30-5  section and may proceed to award the contract accordingly.

 

30-6  H