Senate Bill No. 63–Committee on Government
Affairs
Prefiled January 31, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes to provisions
relating to bidding on and awarding contracts for public works projects. (BDR 28‑754)
FISCAL NOTE: Effect on Local Government: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to public works projects; authorizing public bodies and local governments
to award contracts for certain public works projects to specialty contractors;
specifying that certain requirements for receiving a certificate for preference
in bidding must be satisfied while licensed as a general contractor or
specialty contractor; requiring the state contractors’ board to issue a
certificate of eligibility to receive a preference in bidding to a specialty
contractor under certain circumstances; allowing general contractors and
specialty contractors to receive a preference for bidding on public works by
purchasing a contractor that possesses such a preference; 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. Chapter 338
of NRS is hereby amended by adding thereto
1-2 the provisions set forth as
sections 2, 3 and 4 of this act.
1-3 Sec. 2. A specialty
contractor may qualify as a bidder on a project
1-4 pursuant to NRS 338.1379 if the project is:
1-5 1. Not part of a larger public work;
1-6 2. Limited in scope to:
1-7 (a) Removal of asbestos;
1-8 (b) Replacement of equipment
or systems for heating, ventilation and
1-9 air conditioning;
1-10 (c) Replacement of a roof;
1-11 (d) Landscaping; or
1-12 (e) Repair or renovation of
an existing facility or an addition to an
1-13 existing facility if the cost of related offsite and onsite work
does not
1-14 exceed the cost of repair, renovation or addition; and
1-15 3. Limited in scope to the craft for which the
specialty contractor is
1-16 licensed.
2-1 Sec. 3. If a specialty
contractor is awarded a contract pursuant to
2-2 NRS 338.1389 and during the course of the project, work arises that
is
2-3 outside the scope of work for which the specialty contractor is
licensed,
2-4 the specialty contractor shall contract with a subcontractor to
perform
2-5 the work.
2-6 Sec. 4. 1. A local government may award a contract to a
specialty
2-7 contractor pursuant to NRS 338.147 if the project is:
2-8 (a) Not part of a larger
public work;
2-9 (b) Limited in scope to:
2-10 (1) Removal of asbestos;
2-11 (2) Replacement of
equipment or systems for heating, ventilation
2-12 and air conditioning;
2-13 (3) Replacement of a roof;
2-14 (4) Landscaping; or
2-15 (5) Repair or renovation
of an existing facility or an addition to an
2-16 existing facility if the cost of all related offsite and onsite
work does not
2-17 exceed the total cost of the repair, renovation or addition to the
existing
2-18 facility; and
2-19 (c) Limited in scope to the
craft for which the specialty contractor is
2-20 licensed.
2-21 2. If a specialty contractor is awarded a
contract pursuant to NRS
2-22 338.147 and during the course of the project, work arises that is
outside
2-23 the scope of work for which the specialty contractor is licensed,
the
2-24 specialty contractor shall contract with a subcontractor to perform
the
2-25 work.
2-26 Sec. 5. NRS 338.010 is hereby amended to read as follows:
2-27 338.010 As used in this
chapter:
2-28 1. “Day labor” means all
cases where public bodies, their officers,
2-29 agents or employees, hire,
supervise and pay the wages thereof directly to a
2-30 workman or workmen employed
by them on public works by the day and
2-31 not under a contract in
writing.
2-32 2. “Design-build contract”
means a contract between a public body
2-33 and a design-build team in
which the design-build team agrees to design
2-34 and construct a public work.
2-35 3. “Design-build team”
means an entity that consists of:
2-36 (a) At least one person who is licensed as a general engineering
2-37 contractor or a general
building contractor pursuant to chapter 624 of NRS;
2-38 and
2-39 (b) For a public work that consists of:
2-40 (1) A building and its site, at least one person who holds a
certificate
2-41 of registration to practice
architecture pursuant to chapter 623 of NRS.
2-42 (2) Anything other than a building and its site, at least one
person
2-43 who holds a certificate of
registration to practice architecture pursuant to
2-44 chapter 623 of NRS or is
licensed as a professional engineer pursuant to
2-45 chapter 625 of NRS.
2-46 4. “Design professional”
means a person with a professional license or
2-47 certificate issued pursuant
to chapter 623, 623A or 625 of NRS.
2-48 5. “Eligible bidder” means
a person who is:
3-1 (a) Found to be a responsible and responsive contractor by a local
3-2 government which requests
bids for a public work in accordance with
3-3 paragraph (b) of subsection
1 of NRS 338.1373; or
3-4 (b) Determined by a public body which awarded a contract for a
public
3-5 work pursuant to NRS
338.1375 to 338.1389, inclusive, to be qualified to
3-6 bid on that contract
pursuant to NRS 338.1379 or was exempt from
3-7 meeting such qualifications
pursuant to NRS 338.1383.
3-8 6. “General contractor” means a person who is licensed to
conduct
3-9 business in one, or both, of the following branches of the
contracting
3-10 business:
3-11 (a) General engineering
contracting, as described in subsection 2 of
3-12 NRS 624.215.
3-13 (b) General building
contracting, as described in subsection 3 of NRS
3-14 624.215.
3-15 7. “Local government” means every political subdivision or other
3-16 entity which has the right
to levy or receive money from ad valorem or
3-17 other taxes or any mandatory
assessments, and includes, without limitation,
3-18 counties, cities, towns,
boards, school districts and other districts organized
3-19 pursuant to chapters 244A,
309, 318, 379, 474, 541, 543 and 555 of NRS,
3-20 NRS 450.550 to 450.750,
inclusive, and any agency or department of a
3-21 county or city which
prepares a budget separate from that of the parent
3-22 political subdivision.
3-23 [7.] 8.
“Offense” means failing to:
3-24 (a) Pay the prevailing wage required pursuant to this chapter;
3-25 (b) Pay the contributions for unemployment compensation required
3-26 pursuant to chapter 612 of
NRS; or
3-27 (c) Provide and secure compensation for employees required pursuant
3-28 to chapters 616A to 617,
inclusive, of NRS.
3-29 [8.] 9.
“Prime contractor” means a person who:
3-30 (a) Contracts to construct an entire project;
3-31 (b) Coordinates all work performed on the entire project;
3-32 (c) Uses his own work force to perform all or a part of the
construction,
3-33 repair or reconstruction of
the project; and
3-34 (d) Contracts for the services of any subcontractor or independent
3-35 contractor or is responsible
for payment to any contracted subcontractors or
3-36 independent contractors.
3-37 [9.]
3-38 The term includes, without limitation, a general contractor or a
specialty
3-39 contractor who is authorized to bid on a project pursuant to
section 2 or
3-40 4 of this act.
3-41 10. “Public body” means the state, county, city, town, school district
or
3-42 any public agency of this
state or its political subdivisions sponsoring or
3-43 financing a public work.
3-44 [10.] 11.
“Public work” means any project for the
new construction,
3-45 repair or reconstruction of:
3-46 (a) A project financed in whole or in part from public money for:
3-47 (1) Public buildings;
3-48 (2) Jails and prisons;
3-49 (3) Public roads;
4-1 (4) Public highways;
4-2 (5) Public streets and alleys;
4-3 (6) Public utilities which are financed in whole or in part by
public
4-4 money;
4-5 (7) Publicly owned water mains and sewers;
4-6 (8) Public parks and playgrounds;
4-7 (9) Public convention facilities which are financed at least in
part
4-8 with public funds; and
4-9 (10) All other publicly owned works and property whose cost as a
4-10 whole exceeds $20,000. Each
separate unit that is a part of a project is
4-11 included in the cost of the
project to determine whether a project meets that
4-12 threshold.
4-13 (b) A building for the University and Community College System of
4-14 Nevada of which 25 percent
or more of the costs of the building as a whole
4-15 are paid from money
appropriated by this state or from federal money.
4-16 [11.] 12.
“Specialty contractor” means a
contractor whose operations
4-17 as such are the performance
of construction work requiring special skill
4-18 and whose principal
contracting business involves the use of specialized
4-19 building trades or crafts.
4-20 [12.] 13. “Stand-alone underground utility project”
means an
4-21 underground utility project
that is not integrated into a larger project,
4-22 including, without
limitation:
4-23 (a) An underground sewer line or an underground pipeline for the
4-24 conveyance of water,
including facilities appurtenant thereto; and
4-25 (b) A project for the construction or installation of a storm
drain,
4-26 including facilities
appurtenant thereto,
4-27 that is not located at the
site of a public work for the design and
4-28 construction of which a
public body is authorized to contract with a design-
4-29 build team pursuant to
subsection 2 of NRS 338.1711.
4-30 [13.] 14. “Wages” means:
4-31 (a) The basic hourly rate of pay; and
4-32 (b) The amount of pension, health and welfare, vacation and holiday
4-33 pay, the cost of
apprenticeship training or other similar programs or other
4-34 bona fide fringe benefits
which are a benefit to the workman.
4-35 [14.] 15. “Workman” means a skilled mechanic, skilled
workman,
4-36 semiskilled mechanic,
semiskilled workman or unskilled workman. The
4-37 term does not include a
design professional.
4-38 Sec. 6. NRS 338.010 is hereby amended to read as follows:
4-39 338.010 As used in this
chapter:
4-40 1. “Day labor” means all
cases where public bodies, their officers,
4-41 agents or employees, hire,
supervise and pay the wages thereof directly to a
4-42 workman or workmen employed
by them on public works by the day and
4-43 not under a contract in
writing.
4-44 2. “Eligible bidder” means
a person who is:
4-45 (a) Found to be a responsible and responsive contractor by a local
4-46 government which requests
bids for a public work in accordance with
4-47 paragraph (b) of subsection
1 of NRS 338.1373; or
4-48 (b) Determined by a public body which awarded a contract for a
public
4-49 work pursuant to NRS
338.1375 to 338.1389, inclusive, to be qualified to
5-1 bid on that contract
pursuant to NRS 338.1379 or was exempt from
5-2 meeting such qualifications
pursuant to NRS 338.1383.
5-3 3. “General contractor” means a person who is licensed to
conduct
5-4 business in one, or both, of the following branches of the contracting
5-5 business:
5-6 (a) General engineering
contracting, as described in subsection 2 of
5-7 NRS 624.215.
5-8 (b) General building
contracting, as described in subsection 2 of NRS
5-9 624.215.
5-10 4. “Local government” means every political subdivision
or other
5-11 entity which has the right
to levy or receive money from ad valorem or
5-12 other taxes or any mandatory
assessments, and includes, without limitation,
5-13 counties, cities, towns,
boards, school districts and other districts organized
5-14 pursuant to chapters 244A,
309, 318, 379, 474, 541, 543 and 555 of NRS,
5-15 NRS 450.550 to 450.750,
inclusive, and any agency or department of a
5-16 county or city which
prepares a budget separate from that of the parent
5-17 political subdivision.
5-18 [4.] 5.
“Offense” means failing to:
5-19 (a) Pay the prevailing wage required pursuant to this chapter;
5-20 (b) Pay the contributions for unemployment compensation required
5-21 pursuant to chapter 612 of
NRS; or
5-22 (c) Provide and secure compensation for employees required pursuant
5-23 to chapters 616A to 617,
inclusive, of NRS.
5-24 [5.] 6.
“Prime contractor” means a person who:
5-25 (a) Contracts to complete an entire project;
5-26 (b) Coordinates all work performed on the entire project;
5-27 (c) Uses his own work force to perform all or a part of the
construction,
5-28 repair or reconstruction of
the project; and
5-29 (d) Contracts for the services of any subcontractor or independent
5-30 contractor or is responsible
for payment to any contracted subcontractors or
5-31 independent contractors.
5-32 [6.]
5-33 The term includes, without limitation, a general contractor or a
specialty
5-34 contractor who is authorized to bid on a project pursuant to
section 2 or
5-35 4 of this act.
5-36 7. “Public body” means the state, county, city, town, school district
or
5-37 any public agency of this
state or its political subdivisions sponsoring or
5-38 financing a public work.
5-39 [7.] 8.
“Public work” means any project for the
new construction,
5-40 repair or reconstruction of:
5-41 (a) A project financed in whole or in part from public money for:
5-42 (1) Public buildings;
5-43 (2) Jails and prisons;
5-44 (3) Public roads;
5-45 (4) Public highways;
5-46 (5) Public streets and alleys;
5-47 (6) Public utilities which are financed in whole or in part by
public
5-48 money;
5-49 (7) Publicly owned water mains and sewers;
6-1 (8) Public parks and playgrounds;
6-2 (9) Public convention facilities which are financed at least in
part
6-3 with public funds; and
6-4 (10) Any other publicly owned works and property whose cost as a
6-5 whole exceeds $20,000. Each
separate unit that is a part of a project is
6-6 included in the cost of the
project to determine whether a project meets that
6-7 threshold.
6-8 (b) A building for the University and Community College System of
6-9 Nevada of which 25 percent
or more of the costs of the building as a whole
6-10 are paid from money
appropriated by this state or from federal money.
6-11 [8.] 9.
“Wages” means:
6-12 (a) The basic hourly rate of pay; and
6-13 (b) The amount of pension, health and welfare, vacation and holiday
6-14 pay, the cost of
apprenticeship training or other similar programs or other
6-15 bona fide fringe benefits
which are a benefit to the workman.
6-16 [9.] 10.
“Workman” means a skilled mechanic,
skilled workman,
6-17 semiskilled mechanic,
semiskilled workman or unskilled workman. The
6-18 term does not include a
“design professional” as that term is defined in
6-19 NRS 338.155.
6-20 Sec. 7. NRS 338.1373 is hereby amended to read as follows:
6-21 338.1373 1. A local government shall award a contract for
the
6-22 construction, alteration or
repair of a public work pursuant to the
6-23 provisions of:
6-24 (a) NRS 338.1375 to 338.1389, inclusive [;] , and sections 2 and 3 of
6-25 this act; or
6-26 (b) NRS 338.143, 338.145 and 338.147 [.] and section 4 of this act.
6-27 2. The provisions of NRS
338.1375 to 338.1383, inclusive, and
6-28 section 2 of this act do not apply with respect to contracts for the
6-29 construction,
reconstruction, improvement and maintenance of highways
6-30 that are awarded by the
department of transportation pursuant to NRS
6-31 408.313 to 408.433,
inclusive.
6-32 Sec. 8. NRS 338.1389 is hereby amended to read as follows:
6-33 338.1389 1. Except as otherwise provided in NRS 338.1385
and
6-34 338.1711 to 338.1727,
inclusive, a public body shall award a contract for a
6-35 public work to the
contractor who submits the best bid.
6-36 2. Except as otherwise
provided in subsection [8] 9 or
limited by
6-37 subsection [9,] 10, for the purposes of
this section, a contractor who:
6-38 (a) Has been determined by the public body to be a qualified bidder
6-39 pursuant to NRS 338.1379 or
is exempt from meeting such requirements
6-40 pursuant to NRS 338.1373 or
338.1383; and
6-41 (b) At the time he submits his bid, provides to the public body a
copy of
6-42 a certificate of eligibility
to receive a preference in bidding on public works
6-43 issued to him by the state
contractors’ board pursuant to subsection 3 [,]
or 4,
6-44 shall be deemed to have
submitted a better bid than a competing contractor
6-45 who has not provided a copy
of such a valid certificate of eligibility if the
6-46 amount of his bid is not
more than 5 percent higher than the amount bid by
6-47 the competing contractor.
7-1 3. The state contractors’
board shall issue a certificate of eligibility to
7-2 receive a preference in
bidding on public works to a general contractor who
7-3 is licensed pursuant to the
provisions of chapter 624 of NRS and submits to
7-4 the board an affidavit from
a certified public accountant setting forth that
7-5 the general contractor has [:] , while licensed as a general
contractor in
7-6 this state or another state:
7-7 (a) Paid:
7-8 (1) The sales and use taxes imposed pursuant to chapters 372,
374
7-9 and 377 of NRS on materials
used for construction in this state, including,
7-10 without limitation,
construction that is undertaken or carried out on land
7-11 within the boundaries of
this state that is managed by the Federal
7-12 Government or is on an
Indian reservation or Indian colony, of not less
7-13 than $5,000 for each
consecutive 12-month period for 60 months
7-14 immediately preceding the
submission of the affidavit from the certified
7-15 public accountant;
7-16 (2) The motor vehicle privilege tax imposed pursuant to chapter
371
7-17 of NRS on the vehicles used
in the operation of his business in this state of
7-18 not less than $5,000 for
each consecutive 12-month period for 60 months
7-19 immediately preceding the
submission of the affidavit from the certified
7-20 public accountant; or
7-21 (3) Any combination of such sales and use taxes and motor vehicle
7-22 privilege tax; or
7-23 (b) Acquired, by inheritance, gift , purchase or transfer through a stock
7-24 option plan , [for employees,]
all the assets and liabilities of a viable,
7-25 operating construction firm
that possesses a:
7-26 (1) License as a general contractor pursuant to the provisions of
7-27 chapter 624 of NRS; and
7-28 (2) Certificate of eligibility to receive a preference in bidding
on
7-29 public works.
7-30 4. The state contractors’ board shall issue a certificate of
eligibility to
7-31 receive a preference in bidding on public works to a specialty
contractor
7-32 who is licensed pursuant to the provisions of chapter 624 of NRS
and
7-33 submits to the board:
7-34 (a) A statement from a
public body to which the specialty contractor
7-35 intends to submit a bid showing that the classification of license
which
7-36 the specialty contractor holds is appropriate for qualification as
a bidder
7-37 on a project pursuant to section 2 of this act; and
7-38 (b) An affidavit from a
certified public accountant setting forth that
7-39 the specialty contractor has, while licensed as a specialty
contractor in
7-40 this state or another state:
7-41 (1) Paid:
7-42 (I) The sales and use
taxes pursuant to chapters 372, 374 and
7-43 377 of NRS on materials used for construction in this state,
including,
7-44 without limitation, construction that is undertaken or carried out
on land
7-45 within the boundaries of this state that is managed by the Federal
7-46 Government or is on an Indian reservation or Indian colony, of not
less
7-47 than $5,000 for each consecutive 12-month period for 60 months
7-48 immediately preceding the submission of the affidavit from the
certified
7-49 public accountant;
8-1 (II) The motor vehicle
privilege tax imposed pursuant to chapter
8-2 371 of NRS on the vehicles used in the operation of his business in
this
8-3 state of not less than $5,000 for each consecutive 12-month period
for 60
8-4 months immediately preceding the submission of the affidavit from
the
8-5 certified public accountant; or
8-6 (III) Any combination
of such sales and use taxes and motor
8-7 vehicle privilege tax; or
8-8 (2) Acquired, by
inheritance, gift, purchase or transfer through a
8-9 stock option plan, all the assets and liabilities of a viable,
operating
8-10 construction firm that possesses a:
8-11 (I) License as a
specialty contractor pursuant to the provisions of
8-12 chapter 624 of NRS; and
8-13 (II) Certificate of eligibility
to receive a preference in bidding on
8-14 public works.
8-15 5. For the purposes of complying with the requirements set forth in
8-16 paragraph (a) of subsection
3 [, a general]
and subparagraph (1) of
8-17 paragraph (b) of subsection 4, a contractor shall be deemed
to have paid:
8-18 (a) Sales and use taxes and motor vehicle privilege taxes paid in
this
8-19 state by an affiliate or
parent company of the contractor, if the affiliate or
8-20 parent company is also a
general contractor [;] or specialty contractor, as
8-21 applicable; and
8-22 (b) Sales and use taxes paid in this state by a joint venture in
which the
8-23 contractor is a participant,
in proportion to the amount of interest the
8-24 contractor has in the joint
venture.
8-25 [5.] 6.
A contractor who has received a
certificate of eligibility to
8-26 receive a preference in
bidding on public works from the state contractors’
8-27 board pursuant to subsection
3 or 4 shall, at the
time for the annual renewal
8-28 of his contractor’s license
pursuant to NRS 624.283, submit to the board an
8-29 affidavit from a certified
public accountant setting forth that the contractor
8-30 has, during the immediately
preceding 12 months, paid the taxes required
8-31 pursuant to paragraph (a) of
subsection 3 or subparagraph (1)
of
8-32 paragraph (b) of subsection 4, as applicable, to maintain his eligibility
to
8-33 hold such a certificate.
8-34 [6.] 7.
A contractor who fails to submit an
affidavit to the board
8-35 pursuant to subsection [5] 6 ceases to be eligible
to receive a preference in
8-36 bidding on public works
unless he reapplies for and receives a certificate of
8-37 eligibility pursuant to
subsection 3 [.
8-38 7.] or 4,
as applicable.
8-39 8. If a contractor who applies to the state contractors’ board for a
8-40 certificate of eligibility
to receive a preference in bidding on public works
8-41 submits false information to
the board regarding the required payment of
8-42 taxes, the contractor is not
eligible to receive a preference in bidding on
8-43 public works for a period of
5 years after the date on which the board
8-44 becomes aware of the
submission of the false information.
8-45 [8.] 9.
If any federal statute or regulation
precludes the granting of
8-46 federal assistance or
reduces the amount of that assistance for a particular
8-47 public work because of the
provisions of subsection 2, those provisions do
8-48 not apply insofar as their
application would preclude or reduce federal
9-1 assistance for that work.
The provisions of subsection 2 do not apply to any
9-2 contract for a public work
which is expected to cost less than $250,000.
9-3 [9.] 10.
Except as otherwise provided in
subsection 2 of NRS
9-4 338.1727, if a bid is
submitted by two or more contractors as a joint
9-5 venture or by one of them as
a joint venturer, the provisions of subsection 2
9-6 apply only if both or all of
the joint venturers separately meet the
9-7 requirements of that
subsection.
9-8 [10.] 11.
The state contractors’ board shall
adopt regulations and may
9-9 assess reasonable fees
relating to the certification of contractors for a
9-10 preference in bidding on
public works.
9-11 [11.] 12.
A person or entity who believes that a
contractor wrongfully
9-12 holds a certificate of
eligibility to receive a preference in bidding on public
9-13 works may challenge the
validity of the certificate by filing a written
9-14 objection with the public
body to which the contractor has submitted a bid
9-15 or proposal on a contract
for the construction of a public work. A written
9-16 objection authorized
pursuant to this subsection must:
9-17 (a) Set forth proof or substantiating evidence to support the
belief of the
9-18 person or entity that the
contractor wrongfully holds a certificate of
9-19 eligibility to receive a
preference in bidding on public works; and
9-20 (b) Be filed with the public body at or after the time at which the
9-21 contractor submitted the bid
or proposal to the public body and before the
9-22 time at which the public
body awards the contract for which the bid or
9-23 proposal was submitted.
9-24 [12.] 13.
If a public body receives a written
objection pursuant to
9-25 subsection [11,]
12, the public body
shall determine whether the objection
9-26 is accompanied by the proof
or substantiating evidence required pursuant
9-27 to paragraph (a) of that
subsection. If the public body determines that the
9-28 objection is not accompanied
by the required proof or substantiating
9-29 evidence, the public body
shall dismiss the objection and may proceed
9-30 immediately to award the
contract. If the public body determines that the
9-31 objection is accompanied by
the required proof or substantiating evidence,
9-32 the public body shall
determine whether the contractor qualifies for the
9-33 certificate pursuant to the
provisions of this section and may proceed to
9-34 award the contract
accordingly.
9-35 Sec. 9. NRS 338.1389 is hereby amended to read as follows:
9-36 338.1389 1. Except as otherwise provided in NRS 338.1385,
a public
9-37 body shall award a contract
for a public work to the contractor who
9-38 submits the best bid.
9-39 2. Except as otherwise
provided in subsection [8] 9 or
limited by
9-40 subsection [9,] 10, for the purposes of
this section, a contractor who:
9-41 (a) Has been determined by the public body to be a qualified bidder
9-42 pursuant to NRS 338.1379 or
is exempt from meeting such requirements
9-43 pursuant to NRS 338.1373 or
338.1383; and
9-44 (b) At the time he submits his bid, provides to the public body a
copy of
9-45 a certificate of eligibility
to receive a preference in bidding on public works
9-46 issued to him by the state
contractors’ board pursuant to subsection 3 [,]
or 4,
9-47 shall be deemed to have
submitted a better bid than a competing contractor
9-48 who has not provided a copy
of such a valid certificate of eligibility if the
10-1 amount of his bid is not
more than 5 percent higher than the amount bid by
10-2 the competing contractor.
10-3 3. The state contractors’
board shall issue a certificate of eligibility to
10-4 receive a preference in
bidding on public works to a general contractor who
10-5 is licensed pursuant to the
provisions of chapter 624 of NRS and submits to
10-6 the board an affidavit from
a certified public accountant setting forth that
10-7 the general contractor has [:] , while licensed as a general
contractor in
10-8 this state or another state:
10-9 (a) Paid:
10-10 (1) The sales and use taxes imposed pursuant to chapters 372, 374
10-11 and 377 of NRS on materials
used for construction in this state, including,
10-12 without limitation,
construction that is undertaken or carried out on land
10-13 within the boundaries of
this state that is managed by the Federal
10-14 Government or is on an
Indian reservation or Indian colony, of not less
10-15 than $5,000 for each
consecutive 12-month period for 60 months
10-16 immediately preceding the
submission of the affidavit from the certified
10-17 public accountant;
10-18 (2) The motor vehicle privilege tax imposed pursuant to chapter
371
10-19 of NRS on the vehicles used
in the operation of his business in this state of
10-20 not less than $5,000 for
each consecutive 12-month period for 60 months
10-21 immediately preceding the
submission of the affidavit from the certified
10-22 public accountant; or
10-23 (3) Any combination of such sales and use taxes and motor vehicle
10-24 privilege tax; or
10-25 (b) Acquired, by inheritance, gift , purchase or transfer through a stock
10-26 option plan , [for employees,]
all the assets and liabilities of a viable,
10-27 operating construction firm
that possesses a:
10-28 (1) License as a general contractor pursuant to the provisions of
10-29 chapter 624 of NRS; and
10-30 (2) Certificate of eligibility to receive a preference in bidding
on
10-31 public works.
10-32 4. The state contractors’ board shall issue a certificate of
eligibility to
10-33 receive a preference in bidding on public works to a specialty
contractor
10-34 who is licensed pursuant to the provisions of chapter 624 of NRS
and
10-35 submits to the board:
10-36 (a) A statement from a public
body to which the specialty contractor
10-37 intends to submit a bid showing that the classification of license
which
10-38 the specialty contractor holds is appropriate for qualification as
a bidder
10-39 on a project pursuant to section 2 of this act; and
10-40 (b) An affidavit from a
certified public accountant setting forth that
10-41 the specialty contractor has, while licensed as a specialty
contractor in
10-42 this state or another state:
10-43 (1) Paid:
10-44 (I) The sales and use
taxes pursuant to chapters 372, 374 and
10-45 377 of NRS on materials used for construction in this state,
including,
10-46 without limitation, construction that is undertaken or carried out
on land
10-47 within the boundaries of this state that is managed by the Federal
10-48 Government or is on an Indian reservation or Indian colony, of not
less
10-49 than $5,000 for each consecutive 12-month period for 60 months
11-1 immediately preceding the submission of the affidavit from the
certified
11-2 public accountant;
11-3 (II) The motor vehicle
privilege tax imposed pursuant to chapter
11-4 371 of NRS on the vehicles used in the operation of his business in
this
11-5 state of not less than $5,000 for each consecutive 12-month period
for 60
11-6 months immediately preceding the submission of the affidavit from
the
11-7 certified public accountant; or
11-8 (III) Any combination of
such sales and use taxes and motor
11-9 vehicle privilege tax; or
11-10 (2) Acquired, by
inheritance, gift, purchase or transfer through a
11-11 stock option plan, all the assets and liabilities of a viable,
operating
11-12 construction firm that possesses a:
11-13 (I) License as a
specialty contractor pursuant to the provisions of
11-14 chapter 624 of NRS; and
11-15 (II) Certificate of eligibility to receive
a preference in bidding on
11-16 public works.
11-17 5. For the purposes of complying with the requirements set forth in
11-18 paragraph (a) of subsection
3 [, a general]
and subparagraph (1) of
11-19 paragraph (b) of subsection 4, a contractor shall be deemed
to have paid:
11-20 (a) Sales and use taxes and motor vehicle privilege taxes paid in
this
11-21 state by an affiliate or
parent company of the contractor, if the affiliate or
11-22 parent company is also a
general contractor [;] or specialty contractor, as
11-23 applicable; and
11-24 (b) Sales and use taxes paid in this state by a joint venture in
which the
11-25 contractor is a participant,
in proportion to the amount of interest the
11-26 contractor has in the joint
venture.
11-27 [5.] 6.
A contractor who has received a
certificate of eligibility to
11-28 receive a preference in
bidding on public works from the state contractors’
11-29 board pursuant to subsection
3 or 4 shall, at the
time for the annual renewal
11-30 of his contractor’s license
pursuant to NRS 624.283, submit to the board an
11-31 affidavit from a certified
public accountant setting forth that the contractor
11-32 has, during the immediately
preceding 12 months, paid the taxes required
11-33 pursuant to paragraph (a) of
subsection 3 or subparagraph (1)
of
11-34 paragraph (b) of subsection 4, as applicable, to maintain his eligibility
to
11-35 hold such a certificate.
11-36 [6.] 7.
A contractor who fails to submit an
affidavit to the board
11-37 pursuant to subsection [5] 6 ceases to be eligible to
receive a preference in
11-38 bidding on public works
unless he reapplies for and receives a certificate of
11-39 eligibility pursuant to
subsection 3 [.
11-40 7.] or 4, as applicable.
11-41 8. If a contractor who applies to the state
contractors’ board for a
11-42 certificate of eligibility
to receive a preference in bidding on public works
11-43 submits false information to
the board regarding the required payment of
11-44 taxes, the contractor is not
eligible to receive a preference in bidding on
11-45 public works for a period of
5 years after the date on which the board
11-46 becomes aware of the
submission of the false information.
11-47 [8.] 9.
If any federal statute or regulation
precludes the granting of
11-48 federal assistance or
reduces the amount of that assistance for a particular
11-49 public work because of the
provisions of subsection 2, those provisions do
12-1 not apply insofar as their
application would preclude or reduce federal
12-2 assistance for that work.
The provisions of subsection 2 do not apply to any
12-3 contract for a public work
which is expected to cost less than $250,000.
12-4 [9.] 10.
If a bid is submitted by two or more
contractors as a joint
12-5 venture or by one of them as
a joint venturer, the provisions of subsection 2
12-6 apply only if both or all of
the joint venturers separately meet the
12-7 requirements of that
subsection.
12-8 [10.] 11.
The state contractors’ board shall
adopt regulations and may
12-9 assess reasonable fees
relating to the certification of contractors for a
12-10 preference in bidding on
public works.
12-11 [11.] 12.
A person or entity who believes that a
contractor wrongfully
12-12 holds a certificate of
eligibility to receive a preference in bidding on public
12-13 works may challenge the
validity of the certificate by filing a written
12-14 objection with the public
body to which the contractor has submitted a bid
12-15 or proposal on a contract
for the construction of a public work. A written
12-16 objection authorized
pursuant to this subsection must:
12-17 (a) Set forth proof or substantiating evidence to support the belief
of the
12-18 person or entity that the
contractor wrongfully holds a certificate of
12-19 eligibility to receive a
preference in bidding on public works; and
12-20 (b) Be filed with the public body at or after the time at which the
12-21 contractor submitted the bid
or proposal to the public body and before the
12-22 time at which the public
body awards the contract for which the bid or
12-23 proposal was submitted.
12-24 [12.] 13.
If a public body receives a written
objection pursuant to
12-25 subsection [11,]
12, the public body
shall determine whether the objection
12-26 is accompanied by the proof
or substantiating evidence required pursuant
12-27 to paragraph (a) of that
subsection. If the public body determines that the
12-28 objection is not accompanied
by the required proof or substantiating
12-29 evidence, the public body
shall dismiss the objection and may proceed
12-30 immediately to award the
contract. If the public body determines that the
12-31 objection is accompanied by
the required proof or substantiating evidence,
12-32 the public body shall
determine whether the contractor qualifies for the
12-33 certificate pursuant to the
provisions of this section and may proceed to
12-34 award the contract
accordingly.
12-35 Sec. 10. NRS 338.141 is hereby amended to read as follows:
12-36 338.141 1. Except as otherwise provided in subsection 2,
each bid
12-37 submitted to any officer,
department, board or commission for the
12-38 construction of any public
work or improvement must include:
12-39 (a) The name of each subcontractor who will provide labor or a
portion
12-40 of the work or improvement
to the contractor for which he will be paid an
12-41 amount exceeding 5 percent
of the prime contractor’s total bid. Within 2
12-42 hours after the completion
of the opening of the bids, the [general]
12-43 contractors who submitted
the three lowest bids must submit a list of the
12-44 name of each subcontractor
who will provide labor or a portion of the work
12-45 or improvement to the
contractor for which he will be paid an amount
12-46 exceeding 1 percent of the
prime contractor’s total bid or $50,000,
12-47 whichever is greater, and
the number of the license issued to the
12-48 subcontractor pursuant to
chapter 624 of NRS. If a [general] contractor
13-1 fails to submit such a list
within the required time, his bid shall be deemed
13-2 not responsive.
13-3 (b) A description of the portion of the work or improvement which
each
13-4 subcontractor named in the
bid will complete.
13-5 2. The contractor shall
list in his bid pursuant to subsection 1 the name
13-6 of a subcontractor for each
portion of the project that will be completed by
13-7 a subcontractor.
13-8 3. A contractor whose bid
is accepted shall not substitute any person
13-9 for a subcontractor who is
named in the bid, unless:
13-10 (a) The awarding authority objects to the subcontractor, requests in
13-11 writing a change in the
subcontractor and pays any increase in costs
13-12 resulting from the change;
or
13-13 (b) The substitution is approved by the awarding authority and:
13-14 (1) The subcontractor, after having a reasonable opportunity,
fails or
13-15 refuses to execute a written
contract with the contractor which was offered
13-16 to the subcontractor with
the same terms that all other subcontractors on
13-17 the project were offered;
13-18 (2) The named subcontractor files for bankruptcy or becomes
13-19 insolvent; or
13-20 (3) The named subcontractor fails or refuses to perform his
13-21 subcontract within a
reasonable time or is unable to furnish a performance
13-22 bond and payment bond
pursuant to NRS 339.025.
13-23 Sec. 11. NRS 338.147 is hereby amended to read as follows:
13-24 338.147 1. Except as otherwise provided in NRS 338.143
and
13-25 338.1711 to 338.1727,
inclusive, a local government shall award a contract
13-26 for a public work to the
contractor who submits the best bid.
13-27 2. Except as otherwise
provided in subsection [8] 9 or
limited by
13-28 subsection [9,] 10, for the purposes of
this section, a contractor who:
13-29 (a) Has been found to be a responsible and responsive contractor by
the
13-30 local government; and
13-31 (b) At the time he submits his bid, provides to the local government
a
13-32 copy of a certificate of
eligibility to receive a preference in bidding on
13-33 public works issued to him
by the state contractors’ board pursuant to
13-34 subsection 3 [,] or 4,
13-35 shall be deemed to have
submitted a better bid than a competing contractor
13-36 who has not provided a copy
of such a valid certificate of eligibility if the
13-37 amount of his bid is not
more than 5 percent higher than the amount bid by
13-38 the competing contractor.
13-39 3. The state contractors’
board shall issue a certificate of eligibility to
13-40 receive a preference in
bidding on public works to a general contractor who
13-41 is licensed pursuant to the
provisions of chapter 624 of NRS and submits to
13-42 the board an affidavit from
a certified public accountant setting forth that
13-43 the general contractor has [:] , while licensed as a general
contractor in
13-44 this state or another state:
13-45 (a) Paid:
13-46 (1) The sales and use taxes imposed pursuant to chapters 372, 374
13-47 and 377 of NRS on materials
used for construction in this state, including,
13-48 without limitation,
construction that is undertaken or carried out on land
13-49 within the boundaries of
this state that is managed by the Federal
14-1 Government or is on an
Indian reservation or Indian colony, of not less
14-2 than $5,000 for each
consecutive 12-month period for 60 months
14-3 immediately preceding the
submission of the affidavit from the certified
14-4 public accountant;
14-5 (2) The motor vehicle privilege tax imposed pursuant to chapter
371
14-6 of NRS on the vehicles used
in the operation of his business in this state of
14-7 not less than $5,000 for
each consecutive 12-month period for 60 months
14-8 immediately preceding the
submission of the affidavit from the certified
14-9 public accountant; or
14-10 (3) Any combination of such sales and use taxes and motor vehicle
14-11 privilege tax; or
14-12 (b) Acquired, by inheritance, gift , purchase or transfer through a stock
14-13 option plan , [for employees,]
all the assets and liabilities of a viable,
14-14 operating construction firm
that possesses a:
14-15 (1) License as a general contractor pursuant to the provisions of
14-16 chapter 624 of NRS; and
14-17 (2) Certificate of eligibility to receive a preference in bidding
on
14-18 public works.
14-19 4. The state contractors’ board shall issue a certificate of
eligibility to
14-20 receive a preference in bidding on public works to a specialty
contractor
14-21 who is licensed pursuant to the provisions of chapter 624 of NRS
and
14-22 submits to the board:
14-23 (a) A statement from a local
government to which the specialty
14-24 contractor intends to submit a bid showing that the classification
of
14-25 license which the specialty contractor holds is appropriate for
14-26 qualification as a bidder on a project pursuant to section 4 of
this act;
14-27 and
14-28 (b) An affidavit from a
certified public accountant setting forth that
14-29 the specialty contractor has, while licensed as a specialty
contractor in
14-30 this state or another state:
14-31 (1) Paid:
14-32 (I) The sales and use
taxes pursuant to chapters 372, 374 and
14-33 377 of NRS on materials used for construction in this state,
including,
14-34 without limitation, construction that is undertaken or carried out
on land
14-35 within the boundaries of this state that is managed by the Federal
14-36 Government or is on an Indian reservation or Indian colony, of not
less
14-37 than $5,000 for each consecutive 12-month period for 60 months
14-38 immediately preceding the submission of the affidavit from the
certified
14-39 public accountant;
14-40 (II) The motor vehicle
privilege tax imposed pursuant to chapter
14-41 371 of NRS on the vehicles used in the operation of his business in
this
14-42 state of not less than $5,000 for each consecutive 12-month period
for 60
14-43 months immediately preceding the submission of the affidavit from
the
14-44 certified public accountant; or
14-45 (III) Any combination of
such sales and use taxes and motor
14-46 vehicle privilege tax; or
14-47 (2) Acquired, by
inheritance, gift, purchase or transfer through a
14-48 stock option plan, all the assets and liabilities of a viable,
operating
14-49 construction firm that possesses a:
15-1 (I) License as a
specialty contractor pursuant to the provisions of
15-2 chapter 624 of NRS; and
15-3 (II) Certificate of
eligibility to receive a preference in bidding on
15-4 public works.
15-5 5. For the purposes of complying with the requirements set forth in
15-6 paragraph (a) of subsection
3 [, a general]
and subparagraph (1) of
15-7 paragraph (b) of subsection 4, a contractor shall be deemed
to have paid:
15-8 (a) Sales and use taxes and motor vehicle privilege taxes paid in
this
15-9 state by an affiliate or
parent company of the contractor, if the affiliate or
15-10 parent company is also a
general contractor [;] or specialty contractor, as
15-11 applicable; and
15-12 (b) Sales and use taxes paid in this state by a joint venture in
which the
15-13 contractor is a participant,
in proportion to the amount of interest the
15-14 contractor has in the joint
venture.
15-15 [5.] 6. A contractor who has received a certificate
of eligibility to
15-16 receive a preference in
bidding on public works from the state contractors’
15-17 board pursuant to subsection
3 or 4 shall, at the
time for the annual renewal
15-18 of his contractor’s license
pursuant to NRS 624.283, submit to the board an
15-19 affidavit from a certified public accountant setting
forth that the contractor
15-20 has, during the immediately
preceding 12 months, paid the taxes required
15-21 pursuant to paragraph (a) of
subsection 3 or subparagraph (1)
of
15-22 paragraph (b) of subsection 4, as applicable, to maintain his eligibility
to
15-23 hold such a certificate.
15-24 [6.] 7.
A contractor who fails to submit an
affidavit to the board
15-25 pursuant to subsection [5] 6 ceases to be eligible to
receive a preference in
15-26 bidding on public works
unless he reapplies for and receives a certificate of
15-27 eligibility pursuant to
subsection 3 [.
15-28 7.] or 4, as applicable.
15-29 8. If a contractor who applies to the state contractors’ board for a
15-30 certificate of eligibility
to receive a preference in bidding on public works
15-31 submits false information to
the board regarding the required payment of
15-32 taxes, the contractor is not
eligible to receive a preference in bidding on
15-33 public works for a period of
5 years after the date on which the board
15-34 becomes aware of the
submission of the false information.
15-35 [8.] 9.
If any federal statute or regulation
precludes the granting of
15-36 federal assistance or
reduces the amount of that assistance for a particular
15-37 public work because of the
provisions of subsection 2, those provisions do
15-38 not apply insofar as their
application would preclude or reduce federal
15-39 assistance for that work.
The provisions of subsection 2 do not apply to any
15-40 contract for a public work
which is expected to cost less than $250,000.
15-41 [9.] 10.
Except as otherwise provided in
subsection 2 of NRS
15-42 338.1727 and subsection 2 of
NRS 408.3886 if a bid is submitted by two or
15-43 more contractors as a joint
venture or by one of them as a joint venturer,
15-44 the provisions of subsection
2 apply only if both or all of the joint venturers
15-45 separately meet the
requirements of that subsection.
15-46 [10.] 11.
The state contractors’ board shall
adopt regulations and may
15-47 assess reasonable fees
relating to the certification of contractors for a
15-48 preference in bidding on
public works.
16-1 [11.] 12.
A person or entity who believes that a
contractor wrongfully
16-2 holds a certificate of
eligibility to receive a preference in bidding on public
16-3 works may challenge the
validity of the certificate by filing a written
16-4 objection with the public
body to which the contractor has submitted a bid
16-5 or proposal on a contract
for the completion of a public work. A written
16-6 objection authorized
pursuant to this subsection must:
16-7 (a) Set forth proof or substantiating evidence to support the
belief of the
16-8 person or entity that the
contractor wrongfully holds a certificate of
16-9 eligibility to receive a
preference in bidding on public works; and
16-10 (b) Be filed with the public body at or after the time at which the
16-11 contractor submitted the bid
or proposal to the public body and before the
16-12 time at which the public
body awards the contract for which the bid or
16-13 proposal was submitted.
16-14 [12.] 13.
If a public body receives a written
objection pursuant to
16-15 subsection [11,]
12, the public body
shall determine whether the objection
16-16 is accompanied by the proof
or substantiating evidence required pursuant
16-17 to paragraph (a) of that
subsection. If the public body determines that the
16-18 objection is not accompanied
by the required proof or substantiating
16-19 evidence, the public body
shall dismiss the objection and may proceed
16-20 immediately to award the
contract. If the public body determines that the
16-21 objection is accompanied by
the required proof or substantiating evidence,
16-22 the public body shall
determine whether the contractor qualifies for the
16-23 certificate pursuant to the
provisions of this section and may proceed to
16-24 award the contract
accordingly.
16-25 Sec. 12. NRS 338.147 is hereby amended to read as follows:
16-26 338.147 1. Except as otherwise provided in NRS 338.143,
a local
16-27 government shall award a
contract for a public work to the contractor who
16-28 submits the best bid.
16-29 2. Except as otherwise
provided in subsection [8] 9 or
limited by
16-30 subsection [9,] 10, for the purposes of
this section, a contractor who:
16-31 (a) Has been found to be a responsible and responsive contractor by
the
16-32 local government; and
16-33 (b) At the time he submits his bid, provides to the local government
a
16-34 copy of a certificate of
eligibility to receive a preference in bidding on
16-35 public works issued to him
by the state contractors’ board pursuant to
16-36 subsection 3 [,] or 4,
16-37 shall be deemed to have
submitted a better bid than a competing contractor
16-38 who has not provided a copy
of such a valid certificate of eligibility if the
16-39 amount of his bid is not
more than 5 percent higher than the amount bid by
16-40 the competing contractor.
16-41 3. The state contractors’
board shall issue a certificate of eligibility to
16-42 receive a preference in
bidding on public works to a general contractor who
16-43 is licensed pursuant to the
provisions of chapter 624 of NRS and submits to
16-44 the board an affidavit from
a certified public accountant setting forth that
16-45 the general contractor has [:] , while licensed as a general
contractor in
16-46 this state or another state:
16-47 (a) Paid:
16-48 (1) The sales and use taxes imposed pursuant to chapters 372, 374
16-49 and 377 of NRS on materials
used for construction in this state, including,
17-1 without limitation,
construction that is undertaken or carried out on land
17-2 within the boundaries of
this state that is managed by the Federal
17-3 Government or is on an
Indian reservation or Indian colony, of not less
17-4 than $5,000 for each
consecutive 12-month period for 60 months
17-5 immediately preceding the
submission of the affidavit from the certified
17-6 public accountant;
17-7 (2) The motor vehicle privilege tax imposed pursuant to chapter
371
17-8 of NRS on the vehicles used
in the operation of his business in this state of
17-9 not less than $5,000 for
each consecutive 12-month period for 60 months
17-10 immediately preceding the
submission of the affidavit from the certified
17-11 public accountant; or
17-12 (3) Any combination of such sales and use taxes and motor vehicle
17-13 privilege tax; or
17-14 (b) Acquired, by inheritance, gift , purchase or transfer through a stock
17-15 option plan , [for employees,]
all the assets and liabilities of a viable,
17-16 operating construction firm
that possesses a:
17-17 (1) License as a general contractor pursuant to the provisions of
17-18 chapter 624 of NRS; and
17-19 (2) Certificate of eligibility to receive a preference in bidding
on
17-20 public works.
17-21 4. The state contractors’ board shall issue a certificate of
eligibility to
17-22 receive a preference in bidding on public works to a specialty
contractor
17-23 who is licensed pursuant to the provisions of chapter 624 of NRS
and
17-24 submits to the board:
17-25 (a) A statement from a local
government to which the specialty
17-26 contractor intends to submit a bid showing that the classification
of
17-27 license which the specialty contractor holds is appropriate for
17-28 qualification as a bidder on a project pursuant to section 4 of
this act;
17-29 and
17-30 (b) An affidavit from a
certified public accountant setting forth that
17-31 the specialty contractor has, while licensed as a specialty
contractor in
17-32 this state or another state:
17-33 (1) Paid:
17-34 (I) The sales and use
taxes pursuant to chapters 372, 374 and
17-35 377 of NRS on materials used for construction in this state,
including,
17-36 without limitation, construction that is undertaken or carried out
on land
17-37 within the boundaries of this state that is managed by the Federal
17-38 Government or is on an Indian reservation or Indian colony, of not
less
17-39 than $5,000 for each consecutive 12-month period for 60 months
17-40 immediately preceding the submission of the affidavit from the
certified
17-41 public accountant;
17-42 (II) The motor vehicle
privilege tax imposed pursuant to chapter
17-43 371 of NRS on the vehicles used in the operation of his business in
this
17-44 state of not less than $5,000 for each consecutive 12-month period
for 60
17-45 months immediately preceding the submission of the affidavit from
the
17-46 certified public accountant; or
17-47 (III) Any combination of
such sales and use taxes and motor
17-48 vehicle privilege tax; or
18-1 (2) Acquired, by
inheritance, gift, purchase or transfer through a
18-2 stock option plan, all the assets and liabilities of a viable,
operating
18-3 construction firm that possesses a:
18-4 (I) License as a
specialty contractor pursuant to the provisions of
18-5 chapter 624 of NRS; and
18-6 (II) Certificate of
eligibility to receive a preference in bidding on
18-7 public works.
18-8 5. For the purposes of complying with the requirements
set forth in
18-9 paragraph (a) of subsection
3 [, a general]
and subparagraph (1) of
18-10 paragraph (b) of subsection 4, a contractor shall be deemed
to have paid:
18-11 (a) Sales and use taxes and motor vehicle privilege taxes paid in
this
18-12 state by an affiliate or
parent company of the contractor, if the affiliate or
18-13 parent company is also a
general contractor [;] or specialty contractor, as
18-14 applicable; and
18-15 (b) Sales and use taxes paid in this state by a joint venture in
which the
18-16 contractor is a participant,
in proportion to the amount of interest the
18-17 contractor has in the joint
venture.
18-18 [5.] 6.
A contractor who has received a
certificate of eligibility to
18-19 receive a preference in
bidding on public works from the state contractors’
18-20 board pursuant to subsection
3 or 4 shall, at the
time for the annual renewal
18-21 of his contractor’s license
pursuant to NRS 624.283, submit to the board an
18-22 affidavit from a certified
public accountant setting forth that the contractor
18-23 has, during the immediately
preceding 12 months, paid the taxes required
18-24 pursuant to paragraph (a) of
subsection 3 or subparagraph (1)
of
18-25 paragraph (b) of subsection 4, as applicable, to maintain his eligibility
to
18-26 hold such a certificate.
18-27 [6.] 7.
A contractor who fails to submit an
affidavit to the board
18-28 pursuant to subsection [5] 6 ceases to be eligible
to receive a preference in
18-29 bidding on public works
unless he reapplies for and receives a certificate of
18-30 eligibility pursuant to
subsection 3 [.
18-31 7.] or 4, as applicable.
18-32 8. If a contractor who applies to the state contractors’ board for a
18-33 certificate of eligibility
to receive a preference in bidding on public works
18-34 submits false information to
the board regarding the required payment of
18-35 taxes, the contractor is not
eligible to receive a preference in bidding on
18-36 public works for a period of
5 years after the date on which the board
18-37 becomes aware of the
submission of the false information.
18-38 [8.] 9.
If any federal statute or regulation
precludes the granting of
18-39 federal assistance or
reduces the amount of that assistance for a particular
18-40 public work because of the
provisions of subsection 2, those provisions do
18-41 not apply insofar as their
application would preclude or reduce federal
18-42 assistance for that work.
The provisions of subsection 2 do not apply to any
18-43 contract for a public work
which is expected to cost less than $250,000.
18-44 [9.] 10.
If a bid is submitted by two or more
contractors as a joint
18-45 venture or by one of them as
a joint venturer, the provisions of subsection 2
18-46 apply only if both or all of
the joint venturers separately meet the
18-47 requirements of that
subsection.
19-1 [10.] 11.
The state contractors’ board shall adopt regulations and may
19-2 assess reasonable fees
relating to the certification of contractors for a
19-3 preference in bidding on
public works.
19-4 [11.] 12.
A person or entity who believes that a
contractor wrongfully
19-5 holds a certificate of
eligibility to receive a preference in bidding on public
19-6 works may challenge the
validity of the certificate by filing a written
19-7 objection with the public
body to which the contractor has submitted a bid
19-8 or proposal on a contract
for the completion of a public work. A written
19-9 objection authorized
pursuant to this subsection must:
19-10 (a) Set forth proof or substantiating evidence to support the belief
of the
19-11 person or entity that the
contractor wrongfully holds a certificate of
19-12 eligibility to receive a
preference in bidding on public works; and
19-13 (b) Be filed with the public body at or after the time at which the
19-14 contractor submitted the bid
or proposal to the public body and before the
19-15 time at which the public
body awards the contract for which the bid or
19-16 proposal was submitted.
19-17 [12.] 13.
If a public body receives a written
objection pursuant to
19-18 subsection [11,]
12, the public body
shall determine whether the objection
19-19 is accompanied by the proof
or substantiating evidence required pursuant
19-20 to paragraph (a) of that
subsection. If the public body determines that the
19-21 objection is not accompanied
by the required proof or substantiating
19-22 evidence, the public body
shall dismiss the objection and may proceed
19-23 immediately to award the
contract. If the public body determines that the
19-24 objection is accompanied by
the required proof or substantiating evidence,
19-25 the public body shall
determine whether the contractor qualifies for the
19-26 certificate pursuant to the
provisions of this section and may proceed to
19-27 award the contract
accordingly.
19-28 Sec. 13. NRS 338.1711 is hereby amended to read as follows:
19-29 338.1711 1. Except as otherwise provided in this section,
a public
19-30 body shall contract with a
prime contractor for the construction of a public
19-31 work for which the estimated
cost exceeds $100,000.
19-32 2. A public body may
contract with a design-build team for the design
19-33 and construction of a public
work that is a discrete project if the public
19-34 body determines that:
19-35 (a) The public work is:
19-36 (1) A plant or facility for the treatment and pumping of water or
the
19-37 treatment and disposal of
wastewater or sewage, the estimated cost of
19-38 which exceeds $100,000,000;
or
19-39 (2) Any other type of public work, except a stand-alone
underground
19-40 utility project, the
estimated cost of which exceeds $30,000,000; and
19-41 (b) Contracting with a design-build team will enable the public body
to:
19-42 (1) Design and construct the public work at a cost that is
significantly
19-43 lower than the cost that the
public body would incur to design and
19-44 construct the public work
using a different method;
19-45 (2) Design and construct the public work in a shorter time than
would
19-46 be required to design and
construct the public work using a different
19-47 method, if exigent
circumstances require that the public work be designed
19-48 and constructed within a
short time; or
20-1 (3) Ensure that the design and construction of the public work is
20-2 properly coordinated, if the
public work is unique, highly technical and
20-3 complex in nature.
20-4 3. In a county whose
population is 400,000 or more, a public body that
20-5 is responsible for financing
public works may, for its own public works
20-6 and those financed by a
different public body, including, without
20-7 limitation, an airport if
the airport is owned and operated as a department
20-8 of the public body, contract
with a design-build team once in each fiscal
20-9 year for the design and
construction of a public work if the public body
20-10 determines that:
20-11 (a) The estimated cost of the public work is at least $5,000,000 but
less
20-12 than $30,000,000; and
20-13 (b) Contracting with a design-build team will enable the public body
to:
20-14 (1) Design and construct the public work at a cost that is significantly
20-15 lower than the cost that the
public body would incur to design and
20-16 construct the public work
using a different method;
20-17 (2) Design and construct the public work in a shorter time than
would
20-18 be required to design and
construct the public work using a different
20-19 method, if exigent
circumstances require that the public work be designed
20-20 and constructed within a
short time; or
20-21 (3) Ensure that the design and construction of the public work is
20-22 properly coordinated, if the
public work is unique, highly technical and
20-23 complex in nature.
20-24 4. Notwithstanding the
provisions of subsections 1, 2 and 3, a public
20-25 body may contract with:
20-26 (a) A nonprofit organization for the design and construction of a
project
20-27 to restore, enhance or
develop wetlands.
20-28 (b) A prime contractor [, specialty contractor]
or design-build team with
20-29 respect to a public work if
the public body determines that the public work
20-30 is:
20-31 (1) Not part of a larger public work; and
20-32 (2) Limited in scope to:
20-33 (I) Removal of asbestos;
20-34 (II) Replacement of equipment or systems for heating,
ventilation
20-35 and air-conditioning;
20-36 (III) Replacement of a roof;
20-37 (IV) Landscaping; or
20-38 (V) Restoration, enhancement or development of wetlands.
20-39 Sec. 14. NRS 338.1715 is hereby amended to read as follows:
20-40 338.1715 1. A public body that is required to contract with
a prime
20-41 contractor pursuant to
subsection 1 of NRS 338.1711 or elects to contract
20-42 with a [specialty]
prime contractor
pursuant to subsection 4 of NRS
20-43 338.1711 shall select the
prime contractor [or specialty contractor,
as
20-44 appropriate,] in accordance with the
procedures for bidding that are set
20-45 forth in:
20-46 (a) The provisions of NRS 338.1375 to 338.1389, inclusive [;] and
20-47 sections 2 and 3 of this act; or
20-48 (b) NRS 338.143, 338.145 and 338.147 [,] and section 4 of this act, if
20-49 the public body is a local
government that elects to award a contract for a
21-1 public work in accordance
with paragraph (b) of subsection 1 of NRS
21-2 338.1373.
21-3 2. A public body that
contracts with a design-build team pursuant to
21-4 NRS 338.1711 and 338.1713
shall select the design-build team in
21-5 accordance with NRS 338.1721
to 338.1727, inclusive.
21-6 Sec. 15. 1. This section, sections
1 to 5, inclusive, and 7, 8, 10, 11,
21-7 13 and 14 of this act become
effective on July 1, 2001.
21-8 2. Sections 6, 9 and 12 of
this act become effective at 12:01 a.m. on
21-9 October 1, 2003.
21-10 3. Sections 5, 8, 11, 13 and
14 of this act expire by limitation on
21-11 October 1, 2003.
21-12 H