(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

 

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,] 8, this state, or a local government that

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

1-5  in 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,] 8, 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.  In preparing the estimated cost of a project pursuant to

3-5  subsection 6, the state or a local government must include the fair market

3-6  value of, or, if known, the actual cost of, all materials, supplies, labor

3-7  and equipment to be used for the project.

3-8    8.  This section does not apply to:

3-9    (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

3-10    (b) Any work of construction, reconstruction, improvement and

3-11  maintenance of highways subject to NRS 408.323 or 408.327;

3-12    (c) Normal maintenance of the property of a school district;

3-13    (d) The Las Vegas Valley water district created pursuant to chapter 167,

3-14  Statutes of Nevada 1947, the Moapa Valley water district created pursuant

3-15  to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district

3-16  created pursuant to chapter 100, Statutes of Nevada 1993; or

3-17    (e) The design and construction of a public work for which a public

3-18  body contracts with a design-build team pursuant to NRS 338.1711 to

3-19  338.1727, inclusive.

3-20    Sec. 2.  NRS 338.1389 is hereby amended to read as follows:

3-21    338.1389  1.  Except as otherwise provided in NRS 338.1385 and

3-22  338.1711 to 338.1727, inclusive, a public body shall award a contract for a

3-23  public work to the contractor who submits the best bid.

3-24    2.  Except as otherwise provided in subsection 8 or limited by

3-25  subsection 9, for the purposes of this section, a contractor who:

3-26    (a) Has been determined by the public body to be a qualified bidder

3-27  pursuant to NRS 338.1379 or is exempt from meeting such requirements

3-28  pursuant to NRS 338.1373 or 338.1383; and

3-29    (b) At the time he submits his bid, provides to the public body a copy of

3-30  a certificate of eligibility to receive a preference in bidding on public works

3-31  issued to him by the state contractors’ board pursuant to subsection 3,

3-32  shall be deemed to have submitted a better bid than a competing contractor

3-33  who has not provided a copy of such a valid certificate of eligibility if the

3-34  amount of his bid is not more than 5 percent higher than the amount bid by

3-35  the competing contractor.

3-36    3.  The state contractors’ board shall issue a certificate of eligibility to

3-37  receive a preference in bidding on public works to a general contractor who

3-38  is licensed pursuant to the provisions of chapter 624 of NRS and submits to

3-39  the board an affidavit from a certified public accountant setting forth that

3-40  the general contractor has:

3-41    (a) Paid:

3-42      (1) The sales and use taxes imposed pursuant to chapters 372, 374

3-43  and 377 of NRS on materials used for construction in this state, including,

3-44  without limitation, construction that is undertaken or carried out on land

3-45  within the boundaries of this state that is managed by the Federal

3-46  Government or is on an Indian reservation or Indian colony, of not less

3-47  than $5,000 for each consecutive 12-month period for 60 months

3-48  immediately preceding the submission of the affidavit from the certified

3-49  public accountant;

4-1       (2) The governmental services tax imposed pursuant to chapter 371

4-2  of NRS on the vehicles used in the operation of his business in this state of

4-3  not less than $5,000 for each consecutive 12-month period for 60 months

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

4-5  public accountant; or

4-6       (3) Any combination of such sales and use taxes and governmental

4-7  services tax; or

4-8    (b) Acquired, by inheritance, gift or transfer through a stock option plan

4-9  for employees, all the assets and liabilities of a viable, operating

4-10  construction firm that possesses a:

4-11      (1) License as a general contractor pursuant to the provisions of

4-12  chapter 624 of NRS; and

4-13      (2) Certificate of eligibility to receive a preference in bidding on

4-14  public works.

4-15    4.  For the purposes of complying with the requirements set forth in

4-16  paragraph (a) of subsection 3, a general contractor shall be deemed to have

4-17  paid:

4-18    (a) Sales and use taxes and governmental services taxes that were paid

4-19  in this state by an affiliate or parent company of the contractor, if the

4-20  affiliate or parent company is also a general contractor; and

4-21    (b) Sales and use taxes that were paid in this state by a joint venture in

4-22  which the contractor is a participant, in proportion to the amount of interest

4-23  the contractor has in the joint venture.

4-24    5.  A contractor who has received a certificate of eligibility to receive a

4-25  preference in bidding on public works from the state contractors’ board

4-26  pursuant to subsection 3 shall, at the time for the annual renewal of his

4-27  contractors’ license pursuant to NRS 624.283, submit to the board an

4-28  affidavit from a certified public accountant setting forth that the contractor

4-29  has, during the immediately preceding 12 months, paid the taxes required

4-30  pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold

4-31  such a certificate.

4-32    6.  A contractor who fails to submit an affidavit to the board pursuant

4-33  to subsection 5 ceases to be eligible to receive a preference in bidding on

4-34  public works unless he reapplies for and receives a certificate of eligibility

4-35  pursuant to subsection 3.

4-36    7.  If a contractor who applies to the state contractors’ board for a

4-37  certificate of eligibility to receive a preference in bidding on public works

4-38  submits false information to the board regarding the required payment of

4-39  taxes, the contractor is not eligible to receive a preference in bidding on

4-40  public works for a period of 5 years after the date on which the board

4-41  becomes aware of the submission of the false information.

4-42    8.  If any federal statute or regulation precludes the granting of federal

4-43  assistance or reduces the amount of that assistance for a particular public

4-44  work because of the provisions of subsection 2, those provisions do not

4-45  apply insofar as their application would preclude or reduce federal

4-46  assistance for that work. The provisions of subsection 2 do not apply to any

4-47  contract for a public work which is expected to cost less than $250,000.

4-48    9.  [Except as otherwise provided in subsection 2 of NRS 338.1727, if]

4-49  If a bid is submitted by two or more contractors as a joint venture or by one

5-1  of them as a joint venturer, the provisions of subsection 2 apply only if

5-2  both or all of the joint venturers separately meet the requirements of that

5-3  subsection.

5-4    10.  The state contractors’ board shall adopt regulations and may assess

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

5-6  in bidding on public works.

5-7    11.  A person or entity who believes that a contractor wrongfully holds

5-8  a certificate of eligibility to receive a preference in bidding on public works

5-9  may challenge the validity of the certificate by filing a written objection

5-10  with the public body to which the contractor has submitted a bid or

5-11  proposal on a contract for the construction of a public work. A written

5-12  objection authorized pursuant to this subsection must:

5-13    (a) Set forth proof or substantiating evidence to support the belief of the

5-14  person or entity that the contractor wrongfully holds a certificate of

5-15  eligibility to receive a preference in bidding on public works; and

5-16    (b) Be filed with the public body at or after the time at which the

5-17  contractor submitted the bid or proposal to the public body and before the

5-18  time at which the public body awards the contract for which the bid or

5-19  proposal was submitted.

5-20    12.  If a public body receives a written objection pursuant to subsection

5-21  11, the public body shall determine whether the objection is accompanied

5-22  by the proof or substantiating evidence required pursuant to paragraph (a)

5-23  of that subsection. If the public body determines that the objection is not

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

5-25  body shall dismiss the objection and may proceed immediately to award

5-26  the contract. If the public body determines that the objection is

5-27  accompanied by the required proof or substantiating evidence, the public

5-28  body shall determine whether the contractor qualifies for the certificate

5-29  pursuant to the provisions of this section and may proceed to award the

5-30  contract accordingly.

5-31    Sec. 3.  NRS 338.143 is hereby amended to read as follows:

5-32    338.143  1.  Except as otherwise provided in subsection [6 and NRS

5-33  338.1907,] 7, a local government that awards a contract for the

5-34  construction, alteration or repair of a public work in accordance with

5-35  paragraph (b) of subsection 1 of NRS 338.1373, or a public officer, public

5-36  employee or other person responsible for awarding a contract for the

5-37  construction, alteration or repair of a public work who represents that local

5-38  government, shall not:

5-39    (a) Commence such a project for which the estimated cost exceeds

5-40  $100,000 unless it advertises in a newspaper of general circulation in this

5-41  state for bids for the project; or

5-42    (b) Divide such a project into separate portions to avoid the

5-43  requirements of paragraph (a).

5-44    2.  Except as otherwise provided in subsection [6,] 7, a local

5-45  government that maintains a list of properly licensed contractors who are

5-46  interested in receiving offers to bid on public works projects for which the

5-47  estimated cost is more than $25,000 but less than $100,000 shall solicit

5-48  bids from not more than three of the contractors on the list for a contract of

5-49  that value for the construction, alteration or repair of a public work. The

6-1  local government shall select contractors from the list in such a manner as

6-2  to afford each contractor an equal opportunity to bid on a public works

6-3  project. A properly licensed contractor must submit a written request

6-4  annually to the local government to remain on the list. Offers for bids

6-5  which are made pursuant to this subsection must be sent by certified mail.

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

6-7  place and time stated in the advertisement for the inspection of all persons

6-8  desiring to bid thereon and for other interested persons. Contracts for the

6-9  project must be awarded on the basis of bids received.

6-10    4.  Any bids received in response to an advertisement for bids may be

6-11  rejected if the person responsible for awarding the contract determines that:

6-12    (a) The bidder is not responsive or responsible;

6-13    (b) The quality of the services, materials, equipment or labor offered

6-14  does not conform to the approved plan or specifications; or

6-15    (c) The public interest would be served by such a rejection.

6-16    5.  Before a local government may commence a project subject to the

6-17  provisions of this section, based upon a determination that the public

6-18  interest would be served by rejecting any bids received in response to an

6-19  advertisement for bids, it shall prepare and make available for public

6-20  inspection a written statement containing:

6-21    (a) A list of all persons, including supervisors, whom the local

6-22  government intends to assign to the project, together with their

6-23  classifications and an estimate of the direct and indirect costs of their labor;

6-24    (b) A list of all equipment that the local government intends to use on

6-25  the project, together with an estimate of the number of hours each item of

6-26  equipment will be used and the hourly cost to use each item of equipment;

6-27    (c) An estimate of the cost of administrative support for the persons

6-28  assigned to the project;

6-29    (d) An estimate of the total cost of the project; and

6-30    (e) An estimate of the amount of money the local government expects to

6-31  save by rejecting the bids and performing the project itself.

6-32      6.  In preparing the estimated cost of a project pursuant to

6-33  subsection 5, a local government must include the fair market value of,

6-34  or, if known, the actual cost of, all materials, supplies, labor and

6-35  equipment to be used for the project.

6-36    7.  This section does not apply to:

6-37    (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

6-38    (b) Any work of construction, reconstruction, improvement and

6-39  maintenance of highways subject to NRS 408.323 or 408.327;

6-40    (c) Normal maintenance of the property of a school district;

6-41    (d) The Las Vegas Valley water district created pursuant to chapter 167,

6-42  Statutes of Nevada 1947, the Moapa Valley water district created pursuant

6-43  to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district

6-44  created pursuant to chapter 100, Statutes of Nevada 1993; or

6-45    (e) The design and construction of a public work for which a public

6-46  body contracts with a design-build team pursuant to NRS 338.1711 to

6-47  338.1727, inclusive.

 

 

7-1    Sec. 4.  NRS 338.147 is hereby amended to read as follows:

7-2    338.147  1.  Except as otherwise provided in NRS 338.143 and

7-3  338.1711 to 338.1727, inclusive, a local government shall award a contract

7-4  for a public work to the contractor who submits the best bid.

7-5    2.  Except as otherwise provided in subsection 8 or limited by

7-6  subsection 9, for the purposes of this section, a contractor who:

7-7    (a) Has been found to be a responsible and responsive contractor by the

7-8  local government; and

7-9    (b) At the time he submits his bid, provides to the local government a

7-10  copy of a certificate of eligibility to receive a preference in bidding on

7-11  public works issued to him by the state contractors’ board pursuant to

7-12  subsection 3,

7-13  shall be deemed to have submitted a better bid than a competing contractor

7-14  who has not provided a copy of such a valid certificate of eligibility if the

7-15  amount of his bid is not more than 5 percent higher than the amount bid by

7-16  the competing contractor.

7-17    3.  The state contractors’ board shall issue a certificate of eligibility to

7-18  receive a preference in bidding on public works to a general contractor who

7-19  is licensed pursuant to the provisions of chapter 624 of NRS and submits to

7-20  the board an affidavit from a certified public accountant setting forth that

7-21  the general contractor has:

7-22    (a) Paid:

7-23      (1) The sales and use taxes imposed pursuant to chapters 372, 374

7-24  and 377 of NRS on materials used for construction in this state, including,

7-25  without limitation, construction that is undertaken or carried out on land

7-26  within the boundaries of this state that is managed by the Federal

7-27  Government or is on an Indian reservation or Indian colony, of not less

7-28  than $5,000 for each consecutive 12-month period for 60 months

7-29  immediately preceding the submission of the affidavit from the certified

7-30  public accountant;

7-31      (2) The governmental services tax imposed pursuant to chapter 371

7-32  of NRS on the vehicles used in the operation of his business in this state of

7-33  not less than $5,000 for each consecutive 12-month period for 60 months

7-34  immediately preceding the submission of the affidavit from the certified

7-35  public accountant; or

7-36      (3) Any combination of such sales and use taxes and governmental

7-37  services tax; or

7-38    (b) Acquired, by inheritance, gift or transfer through a stock option plan

7-39  for employees, all the assets and liabilities of a viable, operating

7-40  construction firm that possesses a:

7-41      (1) License as a general contractor pursuant to the provisions of

7-42  chapter 624 of NRS; and

7-43      (2) Certificate of eligibility to receive a preference in bidding on

7-44  public works.

7-45    4.  For the purposes of complying with the requirements set forth in

7-46  paragraph (a) of subsection 3, a general contractor shall be deemed to have

7-47  paid:

8-1    (a) Sales and use taxes and governmental services taxes that were paid

8-2  in this state by an affiliate or parent company of the contractor, if the

8-3  affiliate or parent company is also a general contractor; and

8-4    (b) Sales and use taxes that were paid in this state by a joint venture in

8-5  which the contractor is a participant, in proportion to the amount of interest

8-6  the contractor has in the joint venture.

8-7    5.  A contractor who has received a certificate of eligibility to receive a

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

8-9  pursuant to subsection 3 shall, at the time for the annual renewal of his

8-10  contractors’ license pursuant to NRS 624.283, submit to the board an

8-11  affidavit from a certified public accountant setting forth that the contractor

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

8-13  pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold

8-14  such a certificate.

8-15    6.  A contractor who fails to submit an affidavit to the board pursuant

8-16  to subsection 5 ceases to be eligible to receive a preference in bidding on

8-17  public works unless he reapplies for and receives a certificate of eligibility

8-18  pursuant to subsection 3.

8-19    7.  If a contractor who applies to the state contractors’ board for a

8-20  certificate of eligibility to receive a preference in bidding on public works

8-21  submits false information to the board regarding the required payment of

8-22  taxes, the contractor is not eligible to receive a preference in bidding on

8-23  public works for a period of 5 years after the date on which the board

8-24  becomes aware of the submission of the false information.

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

8-26  assistance or reduces the amount of that assistance for a particular public

8-27  work because of the provisions of subsection 2, those provisions do not

8-28  apply insofar as their application would preclude or reduce federal

8-29  assistance for that work. The provisions of subsection 2 do not apply to any

8-30  contract for a public work which is expected to cost less than $250,000.

8-31    9.  [Except as otherwise provided in subsection 2 of NRS 338.1727 and

8-32  subsection 2 of NRS 408.3886 if] If a bid is submitted by two or more

8-33  contractors as a joint venture or by one of them as a joint venturer, the

8-34  provisions of subsection 2 apply only if both or all of the joint venturers

8-35  separately meet the requirements of that subsection.

8-36    10.  The state contractors’ board shall adopt regulations and may assess

8-37  reasonable fees relating to the certification of contractors for a preference

8-38  in bidding on public works.

8-39    11.  A person or entity who believes that a contractor wrongfully holds

8-40  a certificate of eligibility to receive a preference in bidding on public works

8-41  may challenge the validity of the certificate by filing a written objection

8-42  with the public body to which the contractor has submitted a bid or

8-43  proposal on a contract for the completion of a public work. A written

8-44  objection authorized pursuant to this subsection must:

8-45    (a) Set forth proof or substantiating evidence to support the belief of the

8-46  person or entity that the contractor wrongfully holds a certificate of

8-47  eligibility to receive a preference in bidding on public works; and

8-48    (b) Be filed with the public body at or after the time at which the

8-49  contractor submitted the bid or proposal to the public body and before the

9-1  time at which the public body awards the contract for which the bid or

9-2  proposal was submitted.

9-3    12.  If a public body receives a written objection pursuant to subsection

9-4  11, the public body shall determine whether the objection is accompanied

9-5  by the proof or substantiating evidence required pursuant to paragraph (a)

9-6  of that subsection. If the public body determines that the objection is not

9-7  accompanied by the required proof or substantiating evidence, the public

9-8  body shall dismiss the objection and may proceed immediately to award

9-9  the contract. If the public body determines that the objection is

9-10  accompanied by the required proof or substantiating evidence, the public

9-11  body shall determine whether the contractor qualifies for the certificate

9-12  pursuant to the provisions of this section and may proceed to award the

9-13  contract accordingly.

9-14    Sec. 5.  NRS 338.1711 is hereby amended to read as follows:

9-15    338.1711  1.  Except as otherwise provided in this section, a public

9-16  body shall contract with a prime contractor for the construction of a public

9-17  work for which the estimated cost exceeds $100,000.

9-18    2.  A public body may contract with a design-build team for the design

9-19  and construction of a public work that is a discrete project if the public

9-20  body determines that:

9-21    (a) The public work is:

9-22      (1) A plant or facility for the treatment and pumping of water or the

9-23  treatment and disposal of wastewater or sewage, the estimated cost of

9-24  which exceeds $100,000,000; or

9-25      (2) Any other type of public work, except a stand-alone underground

9-26  utility project, the estimated cost of which exceeds $30,000,000; and

9-27    (b) Contracting with a design-build team will enable the public body to:

9-28      (1) Design and construct the public work at a cost that is significantly

9-29  lower than the cost that the public body would incur to design and

9-30  construct the public work using a different method;

9-31      (2) Design and construct the public work in a shorter time than would

9-32  be required to design and construct the public work using a different

9-33  method, if exigent circumstances require that the public work be designed

9-34  and constructed within a short time; or

9-35      (3) Ensure that the design and construction of the public work is

9-36  properly coordinated, if the public work is unique, highly technical and

9-37  complex in nature.

9-38    3.  [In a county whose population is 400,000 or more, a public body

9-39  that is responsible for financing public works may, for its own public

9-40  works and those financed by a different public body, including, without

9-41  limitation, an airport if the airport is owned and operated as a department

9-42  of the public body,] Each state agency and each local government may

9-43  contract with a design-build team once in each fiscal year for the design

9-44  and construction of a public work if the [public] governing body of the

9-45  entity that is responsible for financing the public work determines that:

9-46    (a) The estimated cost of the public work is [at least $5,000,000] :

9-47      (1) At least $250,000 but less than $30,000,000 [;] if the public work

9-48  is the construction of a park and appurtenances thereto, the

10-1  rehabilitation or remodeling of a public building, or the construction of

10-2  an addition to a public building;

10-3      (2) At least $500,000 but less than $30,000,000 if the public work is

10-4  the construction of a new public building;

10-5      (3) At least $5,000,000 but less than $100,000,000 if the public work

10-6  is the construction, alteration or repair of a plant or facility for the

10-7  treatment and pumping of water or the treatment and disposal of

10-8  wastewater or sewage; or

10-9      (4) At least $5,000,000 but less than $30,000,000 if the public work

10-10  is the construction, alteration or repair of any other fixed works as

10-11  described in subsection 2 of NRS 624.215; and

10-12  (b) Contracting with a design-build team will enable the public body to:

10-13     (1) Design and construct the public work at a cost that is significantly

10-14  lower than the cost that the public body would incur to design and

10-15  construct the public work using a different method;

10-16     (2) Design and construct the public work in a shorter time than would

10-17  be required to design and construct the public work using a different

10-18  method, if exigent circumstances require that the public work be designed

10-19  and constructed within a short time; or

10-20     (3) Ensure that the design and construction of the public work is

10-21  properly coordinated, if the public work is unique, highly technical and

10-22  complex in nature.

10-23  4.  Notwithstanding the provisions of subsections 1, 2 and 3, a public

10-24  body may contract with:

10-25  (a) A nonprofit organization for the design and construction of a project

10-26  to restore, enhance or develop wetlands.

10-27  (b) A prime contractor, specialty contractor or design-build team with

10-28  respect to a public work if the public body determines that the public work

10-29  is:

10-30     (1) Not part of a larger public work; and

10-31     (2) Limited in scope to:

10-32         (I) Removal of asbestos;

10-33         (II) Replacement of equipment or systems for heating, ventilation

10-34  and air-conditioning;

10-35         (III) Replacement of a roof;

10-36         (IV) Landscaping; or

10-37         (V) Restoration, enhancement or development of wetlands.

10-38  5.  As used in this section, “state agency” includes an agency,

10-39  bureau, board, commission, department, division or any other unit of the

10-40  legislative department, judicial department or executive department of

10-41  state government or the University and Community College System of

10-42  Nevada.

10-43  Sec. 6.  NRS 338.1713 is hereby amended to read as follows:

10-44  338.1713  1.  A public body shall not contract with a design-build

10-45  team with respect to a public work unless the governing body of the public

10-46  body makes the determinations, at a public hearing, that are required

10-47  pursuant to subsection 2, 3 or 4 of NRS 338.1711, as applicable.

11-1    2.  A public body that is required to hold a public hearing pursuant to

11-2  this section shall publish notice of the hearing [at least once each week for

11-3  3 consecutive weeks in:

11-4    (a) A newspaper of general circulation published in the county in which

11-5  the public work is proposed to be constructed or, if there is no such

11-6  newspaper, in a newspaper of general circulation in the county published in

11-7  this state; and

11-8    (b) A] in a newspaper of general circulation in this state.

11-9    Sec. 7.  NRS 338.1723 is hereby amended to read as follows:

11-10  338.1723  1.  A public body shall advertise for preliminary proposals

11-11  for the design and construction of a public work by a design-build team [at

11-12  least twice each week for 3 consecutive weeks in:

11-13  (a) A newspaper of general circulation published in the county in which

11-14  the public work is proposed to be constructed or, if there is no such

11-15  newspaper, in a newspaper of general circulation in the county published in

11-16  this state; and

11-17  (b) A] in a newspaper of general circulation in this state.

11-18  2.  A request for preliminary proposals published pursuant to

11-19  subsection 1 must include, without limitation:

11-20  (a) A description of the public work to be designed and constructed;

11-21  (b) Separate estimates of the costs of designing and constructing the

11-22  public work;

11-23  (c) The dates on which it is anticipated that the separate phases of the

11-24  design and construction of the public work will begin and end;

11-25  (d) The date by which preliminary proposals must be submitted to the

11-26  public body, which must not be less than 30 days after the date that the

11-27  request for preliminary proposals is first published in a newspaper

11-28  pursuant to subsection 1; and

11-29  (e) A statement setting forth the place and time in which a design-build

11-30  team desiring to submit a proposal for the public work may obtain the

11-31  information necessary to submit a proposal, including, without limitation,

11-32  the information set forth in subsection 3.

11-33  3.  A public body shall maintain at the time and place set forth in the

11-34  request for preliminary proposals the following information for

11-35  inspection by a design-build team desiring to submit a proposal for the

11-36  public work:

11-37  (a) The extent to which designs must be completed for both preliminary

11-38  and final proposals and any other requirements for the design and

11-39  construction of the public work that the public body determines to be

11-40  necessary;

11-41  [(e)] (b) A list of the requirements set forth in NRS 338.1721;

11-42  [(f)] (c) A list of the factors that the public body will use to evaluate

11-43  design-build teams who submit a proposal for the public work, including,

11-44  without limitation:

11-45     (1) The relative weight to be assigned to each factor[;] pursuant to

11-46  NRS 338.1727; and

11-47     (2) A disclosure of whether the factors that are not related to cost are,

11-48  when considered as a group, more or less important in the process of

11-49  evaluation than the factor of cost;

12-1    [(g)] (d) Notice that a design-build team desiring to submit a proposal

12-2  for the public work must include with its proposal the information used by

12-3  the public body to determine finalists among the design-build teams

12-4  submitting proposals pursuant to subsection 2 of NRS 338.1725 and a

12-5  description of that information;

12-6    [(h)] (e) A statement that a design-build team whose prime contractor

12-7  holds a certificate of eligibility to receive a preference in bidding on public

12-8  works issued pursuant to NRS 338.1389 or 338.147 should submit a copy

12-9  of the certificate of eligibility with its proposal;

12-10  [(i)] and

12-11  (f) A statement as to whether a design-build team that is selected as a

12-12  finalist pursuant to NRS 338.1725 but is not awarded the design-build

12-13  contract pursuant to NRS 338.1727 will be partially reimbursed for the cost

12-14  of preparing a final proposal and, if so, an estimate of the amount of the

12-15  partial reimbursement . [; and

12-16  (j) The date by which preliminary proposals must be submitted to the

12-17  public body, which must not be less than 30 days or more than 60 days

12-18  after the date on which the request for preliminary proposals is first

12-19  published in a newspaper pursuant to subsection 1.]

12-20  Sec. 8.  NRS 338.1725 is hereby amended to read as follows:

12-21  338.1725  1.  [At least 30 days after the date by which preliminary

12-22  proposals must be submitted to the public body, the] The public body shall

12-23  select at least three but not more than five finalists from among the design-

12-24  build teams that submitted preliminary proposals. If the public body does

12-25  not receive at least three preliminary proposals from design-build teams

12-26  that the public body determines to be qualified pursuant to this section and

12-27  NRS 338.1721, the public body may not contract with a design-build team

12-28  for the design and construction of the public work.

12-29  2.  The public body shall select finalists pursuant to subsection 1 by:

12-30  (a) Verifying that each design-build team which submitted a

12-31  preliminary proposal satisfies the requirements of NRS 338.1721; and

12-32  (b) Conducting an evaluation of the qualifications of each design-build

12-33  team that submitted a preliminary proposal, including, without limitation,

12-34  an evaluation of:

12-35     (1) The professional qualifications and experience of the members of

12-36  the design-build team;

12-37     (2) The performance history of the members of the design-build team

12-38  concerning other recent, similar projects completed by those members, if

12-39  any;

12-40     (3) The safety programs established and the safety records

12-41  accumulated by the members of the design-build team; [and]

12-42     (4) The proposed plan of the design-build team to manage the design

12-43  and construction of the public work that sets forth in detail the ability of the

12-44  design-build team to design and construct the public work[.] ; and

12-45     (5) The degree to which the preliminary proposal is responsive to

12-46  the requirements of the public body for the submittal of a preliminary

12-47  proposal.

 

 

13-1    Sec. 9.  NRS 338.1727 is hereby amended to read as follows:

13-2    338.1727  1.  After selecting the finalists pursuant to NRS 338.1725,

13-3  the public body shall provide to each finalist a request for final proposals

13-4  for the public work. The request for final proposals must:

13-5    (a) Set forth the factors that the public body will use to select a design-

13-6  build team to design and construct the public work, including the relative

13-7  weight to be assigned to each factor; and

13-8    (b) Set forth the date by which final proposals must be submitted to the

13-9  public body.

13-10  2.  Except as otherwise provided in this subsection, in assigning the

13-11  relative weight to each factor for selecting a design-build team pursuant

13-12  to subsection 1, the public body shall assign, without limitation, a relative

13-13  weight of 5 percent to the possession of a certificate of eligibility to

13-14  receive a preference in bidding on public works and a relative weight of

13-15  at least 30 percent to the proposed cost of design and construction of the

13-16  public work. If any federal statute or regulation precludes the granting of

13-17  federal assistance or reduces the amount of that assistance for a

13-18  particular public work because of the provisions of this subsection

13-19  relating to preference in bidding on public works, those provisions of this

13-20  subsection do not apply insofar as their application would preclude or

13-21  reduce federal assistance for that public work.

13-22  3.  A final proposal submitted by a design-build team pursuant to this

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

13-24  public body will use to select a design-build team to design and construct

13-25  the public work described in subsection 1 and comply with the provisions

13-26  of NRS 338.141. [If the cost of construction is a factor in the selection of a

13-27  design-build team, a design-build team whose prime contractor has

13-28  submitted with its proposal a certificate of eligibility to receive a

13-29  preference in bidding on public works issued pursuant to NRS 338.1389 or

13-30  338.147 shall be deemed to have submitted a better proposal than a

13-31  competing design-build team whose prime contractor has not submitted

13-32  such a certificate of eligibility if the amount proposed by the design-build

13-33  team is not more than 5 percent higher than the amount proposed by the

13-34  competing design-build team.

13-35  3.  At least 30 days after]

13-36  4.  After receiving the final proposals for the public work, the public

13-37  body shall:

13-38  (a) Select the most cost-effective and responsive final proposal, using

13-39  the criteria set forth pursuant to [subsection 1;] subsections 1 and 2; or

13-40  (b) Reject all the final proposals.

13-41  [4.] 5. If a public body selects a final proposal pursuant to paragraph

13-42  (a) of subsection [3,] 4, the public body shall, at its next regularly

13-43  scheduled meeting:

13-44  (a) Review and ratify the selection.

13-45  (b) Award the design-build contract to the design-build team whose

13-46  proposal is selected.

13-47  (c) Partially reimburse the unsuccessful finalists if partial

13-48  reimbursement was provided for in the request for preliminary proposals

13-49  pursuant to paragraph [(i)] (f) of subsection [2] 3 of NRS 338.1723. The

14-1  amount of reimbursement must not exceed, for each unsuccessful finalist, 3

14-2  percent of the total amount to be paid to the design-build team as set forth

14-3  in the design-build contract.

14-4    (d) Make available to the public a summary setting forth the factors

14-5  used by the public body to select the successful design-build team and the

14-6  ranking of the design-build teams who submitted final proposals. The

14-7  public body shall not release to a third party, or otherwise make public,

14-8  financial or proprietary information submitted by a design-build team.

14-9    [5.] 6. A contract awarded pursuant to this section must specify:

14-10  (a) An amount that is the maximum amount that the public body will

14-11  pay for the performance of all the work required by the contract, excluding

14-12  any amount related to costs that may be incurred as a result of unexpected

14-13  conditions or occurrences as authorized by the contract;

14-14  (b) An amount that is the maximum amount that the public body will

14-15  pay for the performance of the professional services required by the

14-16  contract; and

14-17  (c) A date by which performance of the work required by the contract

14-18  must be completed.

14-19  [6.] 7. A design-build team to whom a contract is awarded pursuant to

14-20  this section shall:

14-21  (a) Assume overall responsibility for ensuring that the design and

14-22  construction of the public work is completed in a satisfactory manner; and

14-23  (b) Use the work force of the prime contractor on the design-build team

14-24  to construct at least 15 percent of the public work.

14-25  Sec. 10.  NRS 408.215 is hereby amended to read as follows:

14-26  408.215  1.  The director has charge of all the records of the

14-27  department, keeping records of all proceedings pertaining to the

14-28  department and keeping on file information, plans, specifications,

14-29  estimates, statistics and records prepared by the department, except those

14-30  financial statements described in NRS 408.333 and the financial or

14-31  proprietary information described in paragraph (d) of subsection [4] 5 of

14-32  NRS 408.3886, which must not become matters of public record.

14-33  2.  The director may photograph, microphotograph or film or dispose of

14-34  the records of the department referred to in subsection 1 as provided in

14-35  NRS 239.051, 239.080 and 239.085.

14-36  3.  The director shall maintain an index or record of deeds or other

14-37  references of title or interests in and to all lands or interests in land owned

14-38  or acquired by the department.

14-39  4.  The director shall adopt such regulations as may be necessary to

14-40  carry out and enforce the provisions of this chapter.

14-41  Sec. 11.  NRS 408.3881 is hereby amended to read as follows:

14-42  408.3881  1.  The department shall not contract with a design-build

14-43  team with respect to a project unless the board makes the determinations, at

14-44  a public meeting, that are required pursuant to NRS 408.388.

14-45  2.  If the department is required to hold a public meeting pursuant to

14-46  this section, the department shall publish notice of the meeting [at least

14-47  once each week for 3 consecutive weeks in:

14-48  (a) A newspaper of general circulation published in each county in

14-49  which the project is proposed to be constructed or, if there is no such

15-1  newspaper, in a newspaper of general circulation in each county published

15-2  in this state; and

15-3    (b) A] in a newspaper of general circulation in this state.

15-4    Sec. 12.  NRS 408.3883 is hereby amended to read as follows:

15-5    408.3883  1.  The department shall advertise for preliminary proposals

15-6  for the design and construction of a project by a design-build team [at least

15-7  twice each week for 3 consecutive weeks in:

15-8    (a) A newspaper of general circulation published in each county in

15-9  which the project is proposed to be constructed or, if there is no such

15-10  newspaper, in a newspaper of general circulation in each county published

15-11  in this state; and

15-12  (b) A] in a newspaper of general circulation in this state.

15-13  2.  A request for preliminary proposals published pursuant to

15-14  subsection 1 must include, without limitation:

15-15  (a) A description of the proposed project;

15-16  (b) Separate estimates of the costs of designing and constructing the

15-17  project;

15-18  (c) The dates on which it is anticipated that the separate phases of the

15-19  design and construction of the project will begin and end;

15-20  (d) The date by which preliminary proposals must be submitted to the

15-21  department, which must not be less than 30 days after the date that the

15-22  request for preliminary proposals is first published in a newspaper

15-23  pursuant to subsection 1; and

15-24  (e) A statement setting forth the place and time in which a design-build

15-25  team desiring to submit a proposal for the project may obtain the

15-26  information necessary to submit a proposal, including, without limitation,

15-27  the information set forth in subsection 3.

15-28  3.  The department shall maintain at the time and place set forth in

15-29  the request for preliminary proposals the following information for

15-30  inspection by a design-build team desiring to submit a proposal for the

15-31  project:

15-32  (a) The extent to which designs must be completed for both preliminary

15-33  and final proposals and any other requirements for the design and

15-34  construction of the project that the department determines to be necessary;

15-35  [(e)] (b) A list of the requirements set forth in NRS 408.3884;

15-36  [(f)] (c) A list of the factors that the department will use to evaluate

15-37  design-build teams who submit a proposal for the project, including,

15-38  without limitation:

15-39     (1) The relative weight to be assigned to each factor[;] pursuant to

15-40  NRS 408.3886; and

15-41     (2) A disclosure of whether the factors that are not related to cost are,

15-42  when considered as a group, more or less important in the process of

15-43  evaluation than the factor of cost;

15-44  [(g)] (d) Notice that a design-build team desiring to submit a proposal

15-45  for the project must include with its proposal the information used by the

15-46  department to determine finalists among the design-build teams submitting

15-47  proposals pursuant to subsection 2 of NRS 408.3885 and a description of

15-48  that information;

16-1    [(h)] (e) A statement that a design-build team whose prime contractor

16-2  holds a certificate of eligibility to receive a preference in bidding on public

16-3  works issued pursuant to NRS 338.1389 or 338.147 should submit a copy

16-4  of the certificate of eligibility with its proposal;

16-5    [(i)] and

16-6    (f) A statement as to whether a bidding design-build team that is

16-7  selected as a finalist pursuant to NRS 408.3885 but is not awarded the

16-8  design-build contract pursuant to NRS 408.3886 will be partially

16-9  reimbursed for the cost of preparing a final proposal and, if so, an estimate

16-10  of the amount of the partial reimbursement . [; and

16-11  (j) The date by which preliminary proposals must be submitted to the

16-12  department, which must not be less than 30 days or more than 60 days after

16-13  the date on which the request for preliminary proposals is first published in

16-14  a newspaper pursuant to subsection 1.]

16-15  Sec. 13.  NRS 408.3885 is hereby amended to read as follows:

16-16  408.3885  1.  [At least 30 days after the date by which preliminary

16-17  proposals must be submitted to the department, the] The department shall

16-18  select at least three but not more than five finalists from among the design-

16-19  build teams that submitted preliminary proposals. If the department does

16-20  not receive at least three preliminary proposals from design-build teams

16-21  that the department determines to be qualified pursuant to this section and

16-22  NRS 408.3884, the department may not contract with a design-build team

16-23  for the design and construction of the project.

16-24  2.  The department shall select finalists pursuant to subsection 1 by:

16-25  (a) Verifying that each design-build team which submitted a

16-26  preliminary proposal satisfies the requirements of NRS 408.3884; and

16-27  (b) Conducting an evaluation of the qualifications of each design-build

16-28  team that submitted a preliminary proposal, including, without limitation,

16-29  an evaluation of:

16-30     (1) The professional qualifications and experience of the members of

16-31  the design-build team;

16-32     (2) The performance history of the members of the design-build team

16-33  concerning other recent, similar projects completed by those members, if

16-34  any;

16-35     (3) The safety programs established and the safety records

16-36  accumulated by the members of the design-build team; [and]

16-37     (4) The proposed plan of the design-build team to manage the design

16-38  and construction of the project that sets forth in detail the ability of the

16-39  design-build team to design and construct the project[.] ; and

16-40     (5) The degree to which the preliminary proposal is responsive to

16-41  the requirements of the department for the submittal of a preliminary

16-42  proposal.

16-43  Sec. 14.  NRS 408.3886 is hereby amended to read as follows:

16-44  408.3886  1.  After selecting the finalists pursuant to NRS 408.3885,

16-45  the department shall provide to each finalist a request for final proposals

16-46  for the project. The request for final proposals must:

16-47  (a) Set forth the factors that the department will use to select a design-

16-48  build team to design and construct the project, including the relative weight

16-49  to be assigned to each factor; and

17-1    (b) Set forth the date by which final proposals must be submitted to the

17-2  department.

17-3    2.  Except as otherwise provided in this subsection, in assigning the

17-4  relative weight to each factor for selecting a design-build team pursuant

17-5  to subsection 1, the department shall assign, without limitation, a relative

17-6  weight of 5 percent to the possession of a certificate of eligibility to

17-7  receive a preference in bidding on public works and a relative weight of

17-8  at least 30 percent for the proposed cost of design and construction of the

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

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

17-11  particular project because of the provisions of this subsection relating to

17-12  preference in bidding on public works, those provisions of this subsection

17-13  do not apply insofar as their application would preclude or reduce

17-14  federal assistance for that project.

17-15  3.  A final proposal submitted by a design-build team pursuant to this

17-16  section must be prepared thoroughly, be responsive to the criteria that the

17-17  department will use to select a design-build team to design and construct

17-18  the project described in subsection 1 and comply with the provisions of

17-19  NRS 338.141. [If the cost of construction is a factor in the selection of a

17-20  design-build team, a design-build team whose prime contractor has

17-21  submitted with its proposal a certificate of eligibility to receive a

17-22  preference in bidding on public works issued pursuant to NRS 338.1389 or

17-23  338.147 shall be deemed to have submitted a better proposal than a

17-24  competing design-build team whose prime contractor has not submitted

17-25  such a certificate of eligibility if the amount proposed by the design-build

17-26  team is not more than 5 percent higher than the amount proposed by the

17-27  competing design-build team.

17-28  3.  At least 30 days after]

17-29  4.  After receiving the final proposals for the project, the department

17-30  shall:

17-31  (a) Select the most cost-effective and responsive final proposal, using

17-32  the criteria set forth pursuant to [subsection 1;] subsections 1 and 2; or

17-33  (b) Reject all the final proposals.

17-34  [4.] 5. If the department selects a final proposal pursuant to paragraph

17-35  (a) of subsection [3,] 4, the department shall hold a public meeting to:

17-36  (a) Review and ratify the selection.

17-37  (b) Award the design-build contract to the design-build team whose

17-38  proposal is selected.

17-39  (c) Partially reimburse the unsuccessful finalists if partial

17-40  reimbursement was provided for in the request for preliminary proposals

17-41  pursuant to paragraph [(i)] (f) of subsection [2] 3 of NRS 408.3883. The

17-42  amount of reimbursement must not exceed, for each unsuccessful finalist,

17-43  three percent of the total amount to be paid to the design-build team as set

17-44  forth in the design-build contract.

17-45  (d) Make available to the public a summary setting forth the factors

17-46  used by the department to select the successful design-build team and the

17-47  ranking of the design-build teams who submitted final proposals. The

17-48  department shall not release to a third party, or otherwise make public,

17-49  financial or proprietary information submitted by a design-build team.

18-1    [5.] 6. A contract awarded pursuant to this section must specify:

18-2    (a) An amount that is the maximum amount that the department will pay

18-3  for the performance of all the work required by the contract, excluding any

18-4  amount related to costs that may be incurred as a result of unexpected

18-5  conditions or occurrences as authorized by the contract;

18-6    (b) An amount that is the maximum amount that the department will

18-7  pay for the performance of the professional services required by the

18-8  contract; and

18-9    (c) A date by which performance of the work required by the contract

18-10  must be completed.

18-11  [6.] 7. A design-build team to whom a contract is awarded pursuant to

18-12  this section shall:

18-13  (a) Assume overall responsibility for ensuring that the design and

18-14  construction of the project is completed in a satisfactory manner; and

18-15  (b) Use the work force of the prime contractor on the design-build team

18-16  to construct at least 15 percent of the project.

18-17  Sec. 15.  Section 21 of Assembly Bill No. 298 of the 1999 session as

18-18  last amended by section 35.6 of chapter 627, Statutes of Nevada 1999, at

18-19  page 3497, is hereby amended to read as follows:

18-20  Sec. 21. 1.  This section and sections 2 to 7, inclusive, 10 to 14,

18-21  inclusive, and 16 to [19, inclusive, and] 20 , inclusive, of this act

18-22  become effective on October 1, 1999.

18-23  2.  Section 8 of this act becomes effective on October 1, 1999, and

18-24  expires by limitation on [October 1, 2003.

18-25  3.  Sections 19.2 and 19.6 of this act become effective on October

18-26  1, 2003.

18-27  4.  Sections 15 and 19.4] May 1, 2013.

18-28  3.  Section 15 of this act [become] becomes effective at 12:01 a.m.

18-29  on May 1, 2013.

18-30  [5.] 4. Sections 14, 18[, 19 and 19.2] and 19 of this act expire by

18-31  limitation on May 1, 2013.

18-32  Sec. 16.  Section 38 of chapter 627, Statutes of Nevada 1999, at page

18-33  3504, is hereby amended to read as follows:

18-34  Sec. 38. 1.  This section and sections [35.4 and] 1 to 9,

18-35  inclusive, 14 to 35, inclusive, 35.6 and 36 of this act become effective

18-36  on October 1, 1999.

18-37  2.  [Sections 1 to 9, inclusive, 14 to 35, inclusive, 36 and] Section

18-38  37 of this act [become] becomes effective on October 1, 1999, and

18-39  [expire] expires by limitation on October 1, 2003.

18-40  3.  Sections 10, 13 and 35.8 of this act become effective at 12:01

18-41  a.m. on October 1, 1999 . [, and expire by limitation on October 1,

18-42  2003.]

18-43  4.  Section 11 of this act becomes effective at 12:01 a.m. on

18-44  October 1, 1999, and expires by limitation on May 1, 2013.

18-45  [5.  Section 13.5 of this act becomes effective at 12:01 a.m. on

18-46  October 1, 2003.

18-47  6.  Section 35.2 of this act becomes effective at 12:01 a.m. on

18-48  October 1, 2003 and expires by limitation on May 1, 2013.

19-1    7. Section 12 of this act becomes effective at 12:02 a.m. on May 1,

19-2  2013.]

19-3    Sec. 17.  Sections 12, 13.5, 35.2 and 35.4 of chapter 627, Statutes of

19-4  Nevada 1999, at pages 3476, 3479, 3490 and 3491, respectively, are hereby

19-5  repealed.

19-6      Sec. 18.  1.  This section and sections 5 to 17, inclusive, of this act

19-7  become effective on July 1, 2001.

19-8      2.  Sections 2 and 4 of this act become effective at 12:01 a.m. on

19-9  July 1, 2001.

19-10     3.  Section 1 of this act becomes effective on May 1, 2013.

19-11     4.  Section 3 of this act becomes effective at 12:03 a.m. on May 1,

19-12  2013.

 

19-13  TEXT OF REPEALED SECTIONS

 

19-14  Section 12 of chapter 627, Statutes of Nevada 1999

19-15  Sec. 12.  NRS 338.143 is hereby amended to read as follows:

19-16  338.143  1.  Except as otherwise provided in subsection 6, a local

19-17   government that awards a contract for the construction, alteration or

19-18   repair of a public work in accordance with paragraph (b) of

19-19   subsection 1 of section 2 of [this act,] Assembly Bill No. 298 of this

19-20   session, or a public officer, public employee or other person

19-21   responsible for awarding a contract for the construction, alteration or

19-22   repair of a public work who represents that local government, shall

19-23   not:

19-24  (a) Commence such a project for which the estimated cost exceeds

19-25   $100,000 unless it advertises in a newspaper of general circulation in

19-26   this state for bids for the project; or

19-27  (b) Divide such a project into separate portions to avoid the

19-28   requirements of paragraph (a).

19-29  2.  Except as otherwise provided in subsection 6, a local

19-30   government that maintains a list of properly licensed contractors who

19-31   are interested in receiving offers to bid on public works projects for

19-32   which the estimated cost is more than $25,000 but less than $100,000

19-33   shall solicit bids from not more than three of the contractors on the

19-34   list for a contract of that value for the construction, alteration or

19-35   repair of a public work. The local government shall select contractors

19-36   from the list in such a manner as to afford each contractor an equal

19-37   opportunity to bid on a public works project. A properly licensed

19-38   contractor must submit a written request annually to the local

19-39   government to remain on the list. Offers for bids which are made

19-40   pursuant to this subsection must be sent by certified mail.

19-41  3.  Approved plans and specifications for the bids must be on file

19-42   at a place and time stated in the advertisement for the inspection of

19-43   all persons desiring to bid thereon and for other interested persons.

19-44   Contracts for the project must be awarded on the basis of bids

19-45   received.

20-1    4.  Any bids received in response to an advertisement for bids may

20-2  be rejected if the person responsible for awarding the contract

20-3   determines that:

20-4    (a) The bidder is not responsive or responsible;

20-5    (b) The quality of the services, materials, equipment or labor

20-6   offered does not conform to the approved plan or specifications; or

20-7    (c) The public interest would be served by such a rejection.

20-8    5.  Before a local government may commence a project subject to

20-9   the provisions of this section, based upon a determination that the

20-10   public interest would be served by rejecting any bids received in

20-11   response to an advertisement for bids, it shall prepare and make

20-12   available for public inspection a written statement containing:

20-13  (a) A list of all persons, including supervisors, whom the local

20-14   government intends to assign to the project, together with their

20-15   classifications and an estimate of the direct and indirect costs of their

20-16   labor;

20-17  (b) A list of all equipment that the local government intends to use

20-18   on the project, together with an estimate of the number of hours each

20-19   item of equipment will be used and the hourly cost to use each item

20-20   of equipment;

20-21  (c) An estimate of the cost of administrative support for the

20-22   persons assigned to the project;

20-23  (d) An estimate of the total cost of the project; and

20-24  (e) An estimate of the amount of money the local government

20-25   expects to save by rejecting the bids and performing the project itself.

20-26  6.  This section does not apply to:

20-27  (a) Any utility subject to the provisions of chapter 318 or 710 of

20-28   NRS;

20-29  (b) Any work of construction, reconstruction, improvement and

20-30   maintenance of highways subject to NRS 408.323 or 408.327;

20-31  (c) Normal maintenance of the property of a school district; [or]

20-32  (d) The Las Vegas Valley water district created pursuant to chapter

20-33   167, Statutes of Nevada 1947, the Moapa Valley water district

20-34   created pursuant to chapter 477, Statutes of Nevada 1983 or the

20-35   Virgin Valley water district created pursuant to chapter 100, Statutes

20-36   of Nevada 1993.

20-37  Section 13.5 of chapter 627, Statutes of Nevada 1999

20-38  Sec. 13.5.  NRS 338.147 is hereby amended to read as follows:

20-39  338.147  1.  Except as otherwise provided in NRS 338.143 , [and

20-40   sections 2 to 9, inclusive, of this act,] a local government shall award

20-41   a contract for a public work to the contractor who submits the best

20-42   bid.

20-43  2.  Except as otherwise provided in subsection 8 or limited by

20-44   subsection 9, for the purposes of this section, a contractor who:

20-45  (a) Has been found to be a responsible and responsive contractor

20-46   by the local government; and

20-47  (b) At the time he submits his bid, provides to the local

20-48   governmenta copy of a certificate of eligibility to receive a

20-49   preference

21-1  in bidding on public works issued to him by the state contractors’

21-2  board pursuant to subsection 3,

21-3  shall be deemed to have submitted a better bid than a competing

21-4   contractor who has not provided a copy of such a valid certificate of

21-5   eligibility if the amount of his bid is not more than 5 percent higher

21-6   than the amount bid by the competing contractor.

21-7    3.  The state contractors’ board shall issue a certificate of

21-8   eligibility to receive a preference in bidding on public works to a

21-9   general contractor who is licensed pursuant to the provisions of

21-10   chapter 624 of NRS and submits to the board an affidavit from a

21-11   certified public accountant setting forth that the general contractor

21-12   has:

21-13  (a) Paid:

21-14     (1) The sales and use taxes imposed pursuant to chapters 372,

21-15   374 and 377 of NRS on materials used for construction in this state,

21-16   including, without limitation, construction that is undertaken or

21-17   carried out on land within the boundaries of this state that is managed

21-18   by the Federal Government or is on an Indian reservation or Indian

21-19   colony, of not less than $5,000 for each consecutive 12-month period

21-20   for 60 months immediately preceding the submission of the affidavit

21-21   from the certified public accountant;

21-22     (2) The motor vehicle privilege tax imposed pursuant to chapter

21-23   371 of NRS on the vehicles used in the operation of his business in

21-24   this state of not less than $5,000 for each consecutive 12-month

21-25   period for 60 months immediately preceding the submission of the

21-26   affidavit from the certified public accountant; or

21-27     (3) Any combination of such sales and use taxes and motor

21-28   vehicle privilege tax; or

21-29  (b) Acquired, by inheritance, gift or transfer through a stock option

21-30   plan for employees, all the assets and liabilities of a viable, operating

21-31   construction firm that possesses a:

21-32     (1) License as a general contractor pursuant to the provisions of

21-33   chapter 624 of NRS; and

21-34     (2) Certificate of eligibility to receive a preference in bidding on

21-35   public works.

21-36  4.  For the purposes of complying with the requirements set forth

21-37   in paragraph (a) of subsection 3, a general contractor shall be deemed

21-38   to have paid:

21-39  (a) Sales and use taxes and motor vehicle privilege taxes paid in

21-40   this state by an affiliate or parent company of the contractor, if the

21-41   affiliate or parent company is also a general contractor; and

21-42  (b) Sales and use taxes paid in this state by a joint venture in which

21-43   the contractor is a participant, in proportion to the amount of interest

21-44   the contractor has in the joint venture.

21-45  5.  A contractor who has received a certificate of eligibility to

21-46   receive a preference in bidding on public works from the state

21-47   contractors’ board pursuant to subsection 3 shall, at the time for the

21-48   annual renewal of his contractors’ license pursuant to NRS 624.283,

21-49   submit to the board an affidavit from a certified public accountant

22-1  setting forth that the contractor has, during the immediately preceding

22-2  12 months, paid the taxes required pursuant to paragraph (a) of

22-3   subsection 3 to maintain his eligibility to hold such a certificate.

22-4    6.  A contractor who fails to submit an affidavit to the board

22-5   pursuant to subsection 5 ceases to be eligible to receive a preference

22-6   in bidding on public works unless he reapplies for and receives a

22-7   certificate of eligibility pursuant to subsection 3.

22-8    7.  If a contractor who applies to the state contractors’ board for a

22-9   certificate of eligibility to receive a preference in bidding on public

22-10   works submits false information to the board regarding the required

22-11   payment of taxes, the contractor is not eligible to receive a preference

22-12   in bidding on public works for a period of 5 years after the date on

22-13   which the board becomes aware of the submission of the false

22-14   information.

22-15  8.  If any federal statute or regulation precludes the granting of

22-16   federal assistance or reduces the amount of that assistance for a

22-17   particular public work because of the provisions of subsection 2,

22-18   those provisions do not apply insofar as their application would

22-19   preclude or reduce federal assistance for that work. The provisions of

22-20   subsection 2 do not apply to any contract for a public work which is

22-21   expected to cost less than $250,000.

22-22  9.  [Except as otherwise provided in subsection 2 of section 8 of

22-23   this act and subsection 2 of section 27 of this act, if] If a bid is

22-24   submitted by two or more contractors as a joint venture or by one of

22-25   them as a joint venturer, the provisions of subsection 2 apply only if

22-26   both or all of the joint venturers separately meet the requirements of

22-27   that subsection.

22-28  10.  The state contractors’ board shall adopt regulations and may

22-29   assess reasonable fees relating to the certification of contractors for a

22-30   preference in bidding on public works.

22-31  11.  A person or entity who believes that a contractor wrongfully

22-32   holds a certificate of eligibility to receive a preference in bidding on

22-33   public works may challenge the validity of the certificate by filing a

22-34   written objection with the public body to which the contractor has

22-35   submitted a bid or proposal on a contract for the completion of a

22-36   public work. A written objection authorized pursuant to this

22-37   subsection must:

22-38  (a) Set forth proof or substantiating evidence to support the belief

22-39   of the person or entity that the contractor wrongfully holds a

22-40   certificate of eligibility to receive a preference in bidding on public

22-41   works; and

22-42  (b) Be filed with the public body at or after the time at which the

22-43   contractor submitted the bid or proposal to the public body and

22-44   before the time at which the public body awards the contract for

22-45   which the bid or proposal was submitted.

22-46  12.  If a public body receives a written objection pursuant to

22-47   subsection 11, the public body shall determine whether the objection

22-48   is accompanied by the proof or substantiating evidence required

22-49   pursuant to paragraph (a) of that subsection. If the public body

23-1  determines that the objection is not accompanied by the required

23-2  proof or substantiating evidence, the public body shall dismiss the

23-3   objection and may proceed immediately to award the contract. If the

23-4   public body determines that the objection is accompanied by the

23-5   required proof or substantiating evidence, the public body shall

23-6   determine whether the contractor qualifies for the certificate pursuant

23-7   to the provisions of this section and may proceed to award the

23-8   contract accordingly.

23-9    Section 35.2 of chapter 627, Statutes of Nevada 1999

23-10  Sec. 35.2.  Section 11 of this act is hereby amended to read as

23-11   follows:

23-12  Sec. 11. NRS 338.143 is hereby amended to read as follows:

23-13  338.143  1.  Except as otherwise provided in subsection 6 and

23-14   NRS 338.1907, a local government that awards a contract for the

23-15   construction, alteration or repair of a public work in accordance

23-16   with paragraph (b) of subsection 1 of section 2 of this act, or a

23-17   public officer, public employee or other person responsible for

23-18   awarding a contract for the construction, alteration or repair of a

23-19   public work who represents that local government, shall not:

23-20  (a) Commence such a project for which the estimated cost

23-21   exceeds $100,000 unless it advertises in a newspaper of general

23-22   circulation in this state for bids for the project; or

23-23  (b) Divide such a project into separate portions to avoid the

23-24   requirements of paragraph (a).

23-25  2.  Except as otherwise provided in subsection 6, a local

23-26   government that maintains a list of properly licensed contractors

23-27   who are interested in receiving offers to bid on public works

23-28   projects for which the estimated cost is more than $25,000 but less

23-29   than $100,000 shall solicit bids from not more than three of the

23-30   contractors on the list for a contract of that value for the

23-31   construction, alteration or repair of a public work. The local

23-32   government shall select contractors from the list in such a manner

23-33   as to afford each contractor an equal opportunity to bid on a public

23-34   works project. A properly licensed contractor must submit a

23-35   written request annually to the local government to remain on the

23-36   list. Offers for bids which are made pursuant to this subsection

23-37   must be sent by certified mail.

23-38  3.  Approved plans and specifications for the bids must be on

23-39   file at a place and time stated in the advertisement for the

23-40   inspection of all persons desiring to bid thereon and for other

23-41   interested persons. Contracts for the project must be awarded on

23-42   the basis of bids received.

23-43  4.  Any bids received in response to an advertisement for bids

23-44   may be rejected if the person responsible for awarding the contract

23-45   determines that:

23-46  (a) The bidder is not responsive or responsible;

23-47  (b) The quality of the services, materials, equipment or labor

23-48   offered does not conform to the approved plan or specifications; or

23-49  (c) The public interest would be served by such a rejection.

24-1    5.  Before a local government may commence a project subject

24-2  to the provisions of this section, based upon a determination that

24-3   the public interest would be served by rejecting any bids received

24-4   in response to an advertisement for bids, it shall prepare and make

24-5   available for public inspection a written statement containing:

24-6    (a) A list of all persons, including supervisors, whom the local

24-7   government intends to assign to the project, together with their

24-8   classifications and an estimate of the direct and indirect costs of

24-9   their labor;

24-10  (b) A list of all equipment that the local government intends to

24-11   use on the project, together with an estimate of the number of

24-12   hours each item of equipment will be used and the hourly cost to

24-13   use each item of equipment;

24-14  (c) An estimate of the cost of administrative support for the

24-15   persons assigned to the project;

24-16  (d) An estimate of the total cost of the project; and

24-17  (e) An estimate of the amount of money the local government

24-18   expects to save by rejecting the bids and performing the project

24-19   itself.

24-20  6.  This section does not apply to:

24-21  (a) Any utility subject to the provisions of chapter 318 or 710 of

24-22   NRS;

24-23  (b) Any work of construction, reconstruction, improvement and

24-24   maintenance of highways subject to NRS 408.323 or 408.327;

24-25  (c) Normal maintenance of the property of a school district; or

24-26  (d) The Las Vegas Valley water district created pursuant to

24-27   chapter 167, Statutes of Nevada 1947, the Moapa Valley water

24-28   district created pursuant to chapter 477, Statutes of Nevada 1983 or

24-29   the Virgin Valley water district created pursuant to chapter 100,

24-30   Statutes of Nevada 1993 . [; or

24-31  (e) The design and construction of a public work for which a

24-32   public body contracts with a design-build team pursuant to sections

24-33   2 to 9, inclusive, of this act.]

24-34  Section 35.4 of chapter 627, Statutes of Nevada 1999

24-35  Sec. 35.4.  Assembly Bill No. 298 of this session is hereby

24-36   amended by adding thereto new sections designated sections 19.2

24-37   through 19.6, following sec. 19, to read as follows:

24-38  Sec. 19.2. Section 8 of this act is hereby amended to read as

24-39   follows:

24-40  Sec. 8. 1.  Except as otherwise provided in subsection 7

24-41   and NRS 338.1906 and 338.1907, this state, or a local

24-42   government that awards a contract for the construction,

24-43   alteration or repair of a public work in accordance with

24-44   paragraph (a) of subsection 1 of section 2 of this act, or a public

24-45   officer, public employee or other person responsible for

24-46   awarding a contract for the construction, alteration or repair of a

24-47   public work who represents the state or the local government,

24-48   shall not:

25-1    (a) Commence such a project for which the estimated cost

25-2  exceeds $100,000 unless it advertises in a newspaper of general

25-3   circulation in this state for bids for the project; or

25-4    (b) Divide such a project into separate portions to avoid the

25-5   requirements of paragraph (a).

25-6    2.  Except as otherwise provided in subsection 7, a public

25-7   body that maintains a list of properly licensed contractors who

25-8   are interested in receiving offers to bid on public works projects

25-9   for which the estimated cost is more than $25,000 but less than

25-10   $100,000 shall solicit bids from not more than three of the

25-11   contractors on the list for a contract of that value for the

25-12   construction, alteration or repair of a public work. The public

25-13   body shall select contractors from the list in such a manner as to

25-14   afford each contractor an equal opportunity to bid on a public

25-15   works project. A properly licensed contractor must submit a

25-16   written request annually to the public body to remain on the list.

25-17   Offers for bids which are made pursuant to this subsection must

25-18   be sent by certified mail.

25-19  3.  Each advertisement for bids must include a provision that

25-20   sets forth:

25-21  (a) The requirement that a contractor must be qualified

25-22   pursuant to section 5 of this act to bid on the contract or must be

25-23   exempt from meeting such qualifications pursuant to section 6

25-24   of this act; and

25-25  (b) The period during which an application to qualify as a

25-26   bidder on the contract must be submitted.

25-27  4.  Approved plans and specifications for the bids must be on

25-28   file at a place and time stated in the advertisement for the

25-29   inspection of all persons desiring to bid thereon and for other

25-30   interested persons. Contracts for the project must be awarded on

25-31   the basis of bids received.

25-32  5.  Any bids received in response to an advertisement for bids

25-33   may be rejected if the person responsible for awarding the

25-34   contract determines that:

25-35  (a) The bidder is not a qualified bidder pursuant to section 5

25-36   of this act, unless the bidder is exempt from meeting such

25-37   qualifications pursuant to section 6 of this act;

25-38  (b) The bidder is not responsive;

25-39  (c) The quality of the services, materials, equipment or labor

25-40   offered does not conform to the approved plan or specifications;

25-41   or

25-42  (d) The public interest would be served by such a rejection.

25-43  6.  Before the state or a local government may commence a

25-44   project subject to the provisions of this section, based upon a

25-45   determination that the public interest would be served by

25-46   rejecting any bids received in response to an advertisement for

25-47   bids, it shall prepare and make available for public inspection a

25-48   written statement containing:

26-1    (a) A list of all persons, including supervisors, whom the state

26-2  or the local government intends to assign to the project, together

26-3   with their classifications and an estimate of the direct and

26-4   indirect costs of their labor;

26-5    (b) A list of all equipment that the state or the local

26-6   government intends to use on the project, together with an

26-7   estimate of the number of hours each item of equipment will be

26-8   used and the hourly cost to use each item of equipment;

26-9    (c) An estimate of the cost of administrative support for the

26-10   persons assigned to the project;

26-11  (d) An estimate of the total cost of the project; and

26-12  (e) An estimate of the amount of money the state or the local

26-13   government expects to save by rejecting the bids and performing

26-14   the project itself.

26-15  7.  This section does not apply to:

26-16  (a) Any utility subject to the provisions of chapter 318 or 710

26-17   of NRS;

26-18  (b) Any work of construction, reconstruction, improvement

26-19   and maintenance of highways subject to NRS 408.323 or

26-20   408.327;

26-21  (c) Normal maintenance of the property of a school district;

26-22   or

26-23  (d) The Las Vegas Valley water district created pursuant to

26-24   chapter 167, Statutes of Nevada 1947, the Moapa Valley water

26-25   district created pursuant to chapter 477, Statutes of Nevada 1983

26-26   or the Virgin Valley water district created pursuant to chapter

26-27   100, Statutes of Nevada 1993 . [; or

26-28  (e) The design and construction of a public work for which a

26-29   public body contracts with a design-build team pursuant to

26-30   sections 2 to 9, inclusive, of Senate Bill No. 475 of this session.]

26-31  Sec. 19.4. Section 8 of this act is hereby amended to read as

26-32   follows:

26-33  Sec. 8. 1.  Except as otherwise provided in subsection 7 ,

26-34   [and NRS 338.1906 and 338.1907,] this state, or a local

26-35   government that awards a contract for the construction,

26-36   alteration or repair of a public work in accordance with

26-37   paragraph (a) of subsection 1 of section 2 of this act, or a public

26-38   officer, public employee or other person responsible for

26-39   awarding a contract for the construction, alteration or repair of a

26-40   public work who represents the state or the local government,

26-41   shall not:

26-42  (a) Commence such a project for which the estimated cost

26-43   exceeds $100,000 unless it advertises in a newspaper of general

26-44   circulation in this state for bids for the project; or

26-45  (b) Divide such a project into separate portions to avoid the

26-46   requirements of paragraph (a).

26-47  2.  Except as otherwise provided in subsection 7, a public

26-48   body that maintains a list of properly licensed contractors who

26-49   are interested in receiving offers to bid on public works projects

26-50   for which the estimated cost is more than $25,000 but less than

27-1  $100,000 shall solicit bids from not more than three of the

27-2  contractors on the list for a contract of that value for the

27-3   construction, alteration or repair of a public work. The public

27-4   body shall select contractors from the list in such a manner as to

27-5   afford each contractor an equal opportunity to bid on a public

27-6   works project. A properly licensed contractor must submit a

27-7   written request annually to the public body to remain on the list.

27-8   Offers for bids which are made pursuant to this subsection must

27-9   be sent by certified mail.

27-10  3.  Each advertisement for bids must include a provision that

27-11   sets forth:

27-12  (a) The requirement that a contractor must be qualified

27-13   pursuant to section 5 of this act to bid on the contract or must be

27-14   exempt from meeting such qualifications pursuant to section 6

27-15   of this act; and

27-16  (b) The period during which an application to qualify as a

27-17   bidder on the contract must be submitted.

27-18  4.  Approved plans and specifications for the bids must be on

27-19   file at a place and time stated in the advertisement for the

27-20   inspection of all persons desiring to bid thereon and for other

27-21   interested persons. Contracts for the project must be awarded on

27-22   the basis of bids received.

27-23  5.  Any bids received in response to an advertisement for bids

27-24   may be rejected if the person responsible for awarding the

27-25   contract determines that:

27-26  (a) The bidder is not a qualified bidder pursuant to section 5

27-27   of this act, unless the bidder is exempt from meeting such

27-28   qualifications pursuant to section 6 of this act;

27-29  (b) The bidder is not responsive;

27-30  (c) The quality of the services, materials, equipment or labor

27-31   offered does not conform to the approved plan or specifications;

27-32   or

27-33  (d) The public interest would be served by such a rejection.

27-34  6.  Before the state or a local government may commence a

27-35   project subject to the provisions of this section, based upon a

27-36   determination that the public interest would be served by

27-37   rejecting any bids received in response to an advertisement for

27-38   bids, it shall prepare and make available for public inspection a

27-39   written statement containing:

27-40  (a) A list of all persons, including supervisors, whom the state

27-41   or the local government intends to assign to the project, together

27-42   with their classifications and an estimate of the direct and

27-43   indirect costs of their labor;

27-44  (b) A list of all equipment that the state or the local

27-45   government intends to use on the project, together with an

27-46   estimate of the number of hours each item of equipment will be

27-47   used and the hourly cost to use each item of equipment;

27-48  (c) An estimate of the cost of administrative support for the

27-49   persons assigned to the project;

28-1    (d) An estimate of the total cost of the project; and

28-2    (e) An estimate of the amount of money the state or the local

28-3   government expects to save by rejecting the bids and performing

28-4   the project itself.

28-5    7.  This section does not apply to:

28-6    (a) Any utility subject to the provisions of chapter 318 or 710

28-7   of NRS;

28-8    (b) Any work of construction, reconstruction, improvement

28-9   and maintenance of highways subject to NRS 408.323 or

28-10   408.327;

28-11  (c) Normal maintenance of the property of a school district; or

28-12  (d) The Las Vegas Valley water district created pursuant to

28-13   chapter 167, Statutes of Nevada 1947, the Moapa Valley water

28-14   district created pursuant to chapter 477, Statutes of Nevada 1983

28-15   or the Virgin Valley water district created pursuant to chapter

28-16   100, Statutes of Nevada 1993.

28-17  Sec. 19.6. Section 11 of this act is hereby amended to read as

28-18   follows:

28-19  Sec. 11. 1.  Except as otherwise provided in section 8 of

28-20   this act , [and sections 2 to 9, inclusive, of Senate Bill No. 475

28-21   of this session,] a public body shall award a contract for a public

28-22   work to the contractor who submits the best bid.

28-23  2.  Except as otherwise provided in subsection 8 or limited by

28-24   subsection 9, for the purposes of this section, a contractor who:

28-25  (a) Has been determined by the public body to be a qualified

28-26   bidder pursuant to section 5 of this act or is exempt from

28-27   meeting such requirements pursuant to section 6 of this act; and

28-28  (b) At the time he submits his bid, provides to the public body

28-29   a copy of a certificate of eligibility to receive a preference in

28-30   bidding on public works issued to him by the state contractors’

28-31   board pursuant to subsection 3,

28-32  shall be deemed to have submitted a better bid than a competing

28-33   contractor who has not provided a copy of such a valid

28-34   certificate of eligibility if the amount of his bid is not more than

28-35   5 percent higher than the amount bid by the competing

28-36   contractor.

28-37  3.  The state contractors’ board shall issue a certificate of

28-38   eligibility to receive a preference in bidding on public works to a

28-39   general contractor who is licensed pursuant to the provisions of

28-40   chapter 624 of NRS and submits to the board an affidavit from a

28-41   certified public accountant setting forth that the general

28-42   contractor has:

28-43  (a) Paid:

28-44      (1) The sales and use taxes imposed pursuant to chapters

28-45   372, 374 and 377 of NRS on materials used for construction in

28-46   this state, including, without limitation, construction that is

28-47   undertaken or carried out on land within the boundaries of this

28-48   state that is managed by the Federal Government or is on an

28-49   Indian reservation or Indian colony, of not less than $5,000 for

28-50   each consecutive 12-month period for 60 months immediately

29-1  preceding the submission of the affidavit from the certified

29-2  public accountant;

29-3      (2) The motor vehicle privilege tax imposed pursuant to

29-4   chapter 371 of NRS on the vehicles used in the operation of his

29-5   business in this state of not less than $5,000 for each consecutive

29-6   12-month period for 60 months immediately preceding the

29-7   submission of the affidavit from the certified public accountant;

29-8   or

29-9      (3) Any combination of such sales and use taxes and motor

29-10   vehicle privilege tax; or

29-11  (b) Acquired, by inheritance, gift or transfer through a stock

29-12   option plan for employees, all the assets and liabilities of a

29-13   viable, operating construction firm that possesses a:

29-14      (1) License as a general contractor pursuant to the

29-15   provisions of chapter 624 of NRS; and

29-16      (2) Certificate of eligibility to receive a preference in

29-17   bidding on public works.

29-18  4.  For the purposes of complying with the requirements set

29-19   forth in paragraph (a) of subsection 3, a general contractor shall

29-20   be deemed to have paid:

29-21  (a) Sales and use taxes and motor vehicle privilege taxes paid

29-22   in this state by an affiliate or parent company of the contractor,

29-23   if the affiliate or parent company is also a general contractor;

29-24   and

29-25  (b) Sales and use taxes paid in this state by a joint venture in

29-26   which the contractor is a participant, in proportion to the amount

29-27   of interest the contractor has in the joint venture.

29-28  5.  A contractor who has received a certificate of eligibility to

29-29   receive a preference in bidding on public works from the state

29-30   contractors’ board pursuant to subsection 3 shall, at the time for

29-31   the annual renewal of his contractors’ license pursuant to NRS

29-32   624.283, submit to the board an affidavit from a certified public

29-33   accountant setting forth that the contractor has, during the

29-34   immediately preceding 12 months, paid the taxes required

29-35   pursuant to paragraph (a) of subsection 3 to maintain his

29-36   eligibility to hold such a certificate.

29-37  6.  A contractor who fails to submit an affidavit to the board

29-38   pursuant to subsection 5 ceases to be eligible to receive a

29-39   preference in bidding on public works unless he reapplies for

29-40   and receives a certificate of eligibility pursuant to subsection 3.

29-41  7.  If a contractor who applies to the state contractors’ board

29-42   for a certificate of eligibility to receive a preference in bidding

29-43   on public works submits false information to the board

29-44   regarding the required payment of taxes, the contractor is not

29-45   eligible to receive a preference in bidding on public works for a

29-46   period of 5 years after the date on which the board becomes

29-47   aware of the submission of the false information.

29-48  8.  If any federal statute or regulation precludes the granting

29-49   of federal assistance or reduces the amount of that assistance for

29-50   a particular public work because of the provisions of subsection

30-1  2, those provisions do not apply insofar as their application

30-2  would preclude or reduce federal assistance for that work. The

30-3   provisions of subsection 2 do not apply to any contract for a

30-4   public work which is expected to cost less than $250,000.

30-5    9.  [Except as otherwise provided in subsection 2 of section 8

30-6   of Senate Bill No. 475 of this session, if] If a bid is submitted by

30-7   two or more contractors as a joint venture or by one of them as a

30-8   joint venturer, the provisions of subsection 2 apply only if both

30-9   or all of the joint venturers separately meet the requirements of

30-10   that subsection.

30-11  10.  The state contractors’ board shall adopt regulations and

30-12   may assess reasonable fees relating to the certification of

30-13   contractors for a preference in bidding on public works.

30-14  11.  A person or entity who believes that a contractor

30-15   wrongfully holds a certificate of eligibility to receive a

30-16   preference in bidding on public works may challenge the

30-17   validity of the certificate by filing a written objection with the

30-18   public body to which the contractor has submitted a bid or

30-19   proposal on a contract for the construction of a public work. A

30-20   written objection authorized pursuant to this subsection must:

30-21  (a) Set forth proof or substantiating evidence to support the

30-22   belief of the person or entity that the contractor wrongfully holds

30-23   a certificate of eligibility to receive a preference in bidding on

30-24   public works; and

30-25  (b) Be filed with the public body at or after the time at which

30-26   the contractor submitted the bid or proposal to the public body

30-27   and before the time at which the public body awards the contract

30-28   for which the bid or proposal was submitted.

30-29  12.  If a public body receives a written objection pursuant to

30-30   subsection 11, the public body shall determine whether the

30-31   objection is accompanied by the proof or substantiating evidence

30-32   required pursuant to paragraph (a) of that subsection. If the

30-33   public body determines that the objection is not accompanied by

30-34   the required proof or substantiating evidence, the public body

30-35   shall dismiss the objection and may proceed immediately to

30-36   award the contract. If the public body determines that the

30-37   objection is accompanied by the required proof or substantiating

30-38   evidence, the public body shall determine whether the contractor

30-39   qualifies for the certificate pursuant to the provisions of this

30-40   section and may proceed to award the contract accordingly.

 

30-41  H