(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT S.B. 63
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.
Effect on the State: Yes.
~
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] 10 or limited by
6-37 subsection [9,] 11, 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:
7-7 (a) Paid[:] directly, on his own behalf:
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 governmental services 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 governmental
7-22 services tax; or
7-23 (b) Acquired, by purchase, inheritance, gift 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 an affidavit from a certified public accountant
7-34 setting forth that the specialty contractor has, while licensed as a
7-35 specialty contractor in this state:
7-36 (a) Paid directly, on his own behalf:
7-37 (1) The sales and use taxes pursuant to chapters 372, 374 and 377
7-38 of NRS on materials used for construction in this state, including,
7-39 without limitation, construction that is undertaken or carried out on land
7-40 within the boundaries of this state that is managed by the Federal
7-41 Government or is on an Indian reservation or Indian colony, of not less
7-42 than $5,000 for each consecutive 12-month period for 60 months
7-43 immediately preceding the submission of the affidavit from the certified
7-44 public accountant;
7-45 (2) The governmental services tax imposed pursuant to chapter 371
7-46 of NRS on the vehicles used in the operation of his business in this state
7-47 of not less than $5,000 for each consecutive 12-month period for 60
7-48 months immediately preceding the submission of the affidavit from the
7-49 certified public accountant; or
8-1 (3) Any combination of such sales and use taxes and governmental
8-2 services tax; or
8-3 (b) Acquired, by purchase, inheritance, gift or transfer through a
8-4 stock option plan, all the assets and liabilities of a viable, operating
8-5 construction firm that possesses a:
8-6 (1) License as a specialty contractor pursuant to the provisions of
8-7 chapter 624 of NRS; and
8-8 (2) Certificate of eligibility to receive a preference in bidding on
8-9 public works.
8-10 5. For the purposes of complying with the requirements set forth in
8-11 paragraph (a) of subsection 3[, a general] and paragraph (a) of subsection
8-12 4, a contractor shall be deemed to have paid:
8-13 (a) Sales and use taxes and governmental services taxes that were paid
8-14 in this state by an affiliate or parent company of the contractor, if the
8-15 affiliate or parent company is also a general contractor[;] or specialty
8-16 contractor, as applicable; and
8-17 (b) Sales and use taxes that were paid in this state by a joint venture in
8-18 which the contractor is a participant, in proportion to the amount of interest
8-19 the contractor has in the joint venture.
8-20 [5.] 6. A contractor who has received a certificate of eligibility to
8-21 receive a preference in bidding on public works from the state contractors’
8-22 board pursuant to subsection 3 or 4 shall, at the time for the annual renewal
8-23 of his contractor’s license pursuant to NRS 624.283, submit to the board an
8-24 affidavit from a certified public accountant setting forth that the contractor
8-25 has, during the immediately preceding 12 months, paid the taxes required
8-26 pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4,
8-27 as applicable, to maintain his eligibility to hold such a certificate.
8-28 [6.] 7. A contractor who fails to submit an affidavit to the board
8-29 pursuant to subsection [5] 6 ceases to be eligible to receive a preference in
8-30 bidding on public works unless he reapplies for and receives a certificate of
8-31 eligibility pursuant to subsection 3[.
8-32 7.] or 4, as applicable.
8-33 8. If a contractor holds more than one contractor’s license, he must
8-34 submit a separate application for each license pursuant to which he
8-35 wishes to qualify for a preference in bidding. Upon issuance, the
8-36 certificate of eligibility to receive a preference in bidding on public works
8-37 becomes part of the contractor’s license for which the contractor
8-38 submitted the application.
8-39 9. 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.] 10. 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.] 11. 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.] 12. 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.] 13. 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.] 14. If a public body receives a written objection pursuant to
9-25 subsection [11,] 13, 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] 10 or limited by
9-40 subsection [9,] 11, 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:
10-9 (a) Paid [:] directly, on his own behalf:
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 governmental services 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 governmental
10-24 services tax; or
10-25 (b) Acquired, by purchase, inheritance, gift 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 an affidavit from a certified public accountant
10-36 setting forth that the specialty contractor has, while licensed as a
10-37 specialty contractor in this state:
10-38 (a) Paid directly, on his own behalf:
10-39 (1) The sales and use taxes pursuant to chapters 372, 374 and 377
10-40 of NRS on materials used for construction in this state, including,
10-41 without limitation, construction that is undertaken or carried out on land
10-42 within the boundaries of this state that is managed by the Federal
10-43 Government or is on an Indian reservation or Indian colony, of not less
10-44 than $5,000 for each consecutive 12-month period for 60 months
10-45 immediately preceding the submission of the affidavit from the certified
10-46 public accountant;
10-47 (2) The governmental services tax imposed pursuant to chapter 371
10-48 of NRS on the vehicles used in the operation of his business in this state
10-49 of not less than $5,000 for each consecutive 12-month period for 60
11-1 months immediately preceding the submission of the affidavit from the
11-2 certified public accountant; or
11-3 (3) Any combination of such sales and use taxes and governmental
11-4 services tax; or
11-5 (b) Acquired, by purchase, inheritance, gift or transfer through a
11-6 stock option plan, all the assets and liabilities of a viable, operating
11-7 construction firm that possesses a:
11-8 (1) License as a specialty contractor pursuant to the provisions of
11-9 chapter 624 of NRS; and
11-10 (2) Certificate of eligibility to receive a preference in bidding on
11-11 public works.
11-12 5. For the purposes of complying with the requirements set forth in
11-13 paragraph (a) of subsection 3[, a general] and paragraph (a) of subsection
11-14 4, a contractor shall be deemed to have paid:
11-15 (a) Sales and use taxes and governmental services taxes that were paid
11-16 in this state by an affiliate or parent company of the contractor, if the
11-17 affiliate or parent company is also a general contractor[;] or specialty
11-18 contractor, as applicable; and
11-19 (b) Sales and use taxes that were paid in this state by a joint venture in
11-20 which the contractor is a participant, in proportion to the amount of interest
11-21 the contractor has in the joint venture.
11-22 [5.] 6. A contractor who has received a certificate of eligibility to
11-23 receive a preference in bidding on public works from the state contractors’
11-24 board pursuant to subsection 3 or 4 shall, at the time for the annual renewal
11-25 of his contractor’s license pursuant to NRS 624.283, submit to the board an
11-26 affidavit from a certified public accountant setting forth that the contractor
11-27 has, during the immediately preceding 12 months, paid the taxes required
11-28 pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4,
11-29 as applicable, to maintain his eligibility to hold such a certificate.
11-30 [6.] 7. A contractor who fails to submit an affidavit to the board
11-31 pursuant to subsection [5] 6 ceases to be eligible to receive a preference in
11-32 bidding on public works unless he reapplies for and receives a certificate of
11-33 eligibility pursuant to subsection 3[.
11-34 7.] or 4, as applicable.
11-35 8. If a contractor holds more than one contractor’s license, he must
11-36 submit a separate application for each license pursuant to which he
11-37 wishes to qualify for a preference in bidding. Upon issuance, the
11-38 certificate of eligibility to receive a preference in bidding on public works
11-39 becomes part of the contractor’s license for which the contractor
11-40 submitted the application.
11-41 9. 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.] 10. 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.] 11. 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.] 12. 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.] 13. 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.] 14. If a public body receives a written objection pursuant to
12-25 subsection [11,] 13, 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] 10 or limited by
13-28 subsection [9,] 11, 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:
13-45 (a) Paid [:] directly, on his own behalf:
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 governmental services 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 governmental
14-11 services tax; or
14-12 (b) Acquired, by purchase, inheritance, gift 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 an affidavit from a certified public accountant
14-23 setting forth that the specialty contractor has, while licensed as a
14-24 specialty contractor in this state:
14-25 (a) Paid directly, on his own behalf:
14-26 (1) The sales and use taxes pursuant to chapters 372, 374 and 377
14-27 of NRS on materials used for construction in this state, including,
14-28 without limitation, construction that is undertaken or carried out on land
14-29 within the boundaries of this state that is managed by the Federal
14-30 Government or is on an Indian reservation or Indian colony, of not less
14-31 than $5,000 for each consecutive 12-month period for 60 months
14-32 immediately preceding the submission of the affidavit from the certified
14-33 public accountant;
14-34 (2) The governmental services tax imposed pursuant to chapter 371
14-35 of NRS on the vehicles used in the operation of his business in this state
14-36 of not less than $5,000 for each consecutive 12-month period for 60
14-37 months immediately preceding the submission of the affidavit from the
14-38 certified public accountant; or
14-39 (3) Any combination of such sales and use taxes and governmental
14-40 services tax; or
14-41 (b) Acquired, by purchase, inheritance, gift or transfer through a
14-42 stock option plan, all the assets and liabilities of a viable, operating
14-43 construction firm that possesses a:
14-44 (1) License as a specialty contractor pursuant to the provisions of
14-45 chapter 624 of NRS; and
14-46 (2) Certificate of eligibility to receive a preference in bidding on
14-47 public works.
15-1 5. For the purposes of complying with the requirements set forth in
15-2 paragraph (a) of subsection 3[, a general] and paragraph (a) of subsection
15-3 4, a contractor shall be deemed to have paid:
15-4 (a) Sales and use taxes and governmental services taxes that were paid
15-5 in this state by an affiliate or parent company of the contractor, if the
15-6 affiliate or parent company is also a general contractor[;] or specialty
15-7 contractor, as applicable; and
15-8 (b) Sales and use taxes that were paid in this state by a joint venture in
15-9 which the contractor is a participant, in proportion to the amount of interest
15-10 the contractor has in the joint venture.
15-11 [5.] 6. A contractor who has received a certificate of eligibility to
15-12 receive a preference in bidding on public works from the state contractors’
15-13 board pursuant to subsection 3 or 4 shall, at the time for the annual renewal
15-14 of his contractor’s license pursuant to NRS 624.283, submit to the board an
15-15 affidavit from a certified public accountant setting forth that the contractor
15-16 has, during the immediately preceding 12 months, paid the taxes required
15-17 pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4,
15-18 as applicable, to maintain his eligibility to hold such a certificate.
15-19 [6.] 7. A contractor who fails to submit an affidavit to the board
15-20 pursuant to subsection [5] 6 ceases to be eligible to receive a preference in
15-21 bidding on public works unless he reapplies for and receives a certificate of
15-22 eligibility pursuant to subsection 3[.
15-23 7.] or 4, as applicable.
15-24 8. If a contractor holds more than one contractor’s license, he must
15-25 submit a separate application for each license pursuant to which he
15-26 wishes to qualify for a preference in bidding. Upon issuance, the
15-27 certificate of eligibility to receive a preference in bidding on public works
15-28 becomes part of the contractor’s license for which the contractor
15-29 submitted the application.
15-30 9. If a contractor who applies to the state contractors’ board for a
15-31 certificate of eligibility to receive a preference in bidding on public works
15-32 submits false information to the board regarding the required payment of
15-33 taxes, the contractor is not eligible to receive a preference in bidding on
15-34 public works for a period of 5 years after the date on which the board
15-35 becomes aware of the submission of the false information.
15-36 [8.] 10. If any federal statute or regulation precludes the granting of
15-37 federal assistance or reduces the amount of that assistance for a particular
15-38 public work because of the provisions of subsection 2, those provisions do
15-39 not apply insofar as their application would preclude or reduce federal
15-40 assistance for that work. The provisions of subsection 2 do not apply to any
15-41 contract for a public work which is expected to cost less than $250,000.
15-42 [9.] 11. Except as otherwise provided in subsection 2 of NRS
15-43 338.1727 and subsection 2 of NRS 408.3886 if a bid is submitted by two or
15-44 more contractors as a joint venture or by one of them as a joint venturer,
15-45 the provisions of subsection 2 apply only if both or all of the joint venturers
15-46 separately meet the requirements of that subsection.
15-47 [10.] 12. The state contractors’ board shall adopt regulations and may
15-48 assess reasonable fees relating to the certification of contractors for a
15-49 preference in bidding on public works.
16-1 [11.] 13. 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.] 14. If a public body receives a written objection pursuant to
16-15 subsection [11,] 13, 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] 10 or limited by
16-30 subsection [9,] 11, 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:
16-47 (a) Paid [:] directly, on his own behalf:
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 governmental services 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 governmental
17-13 services tax; or
17-14 (b) Acquired, by purchase, inheritance, gift 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 an affidavit from a certified public accountant
17-25 setting forth that the specialty contractor has, while licensed as a
17-26 specialty contractor in this state:
17-27 (a) Paid directly, on his own behalf:
17-28 (1) The sales and use taxes pursuant to chapters 372, 374 and 377
17-29 of NRS on materials used for construction in this state, including,
17-30 without limitation, construction that is undertaken or carried out on land
17-31 within the boundaries of this state that is managed by the Federal
17-32 Government or is on an Indian reservation or Indian colony, of not less
17-33 than $5,000 for each consecutive 12-month period for 60 months
17-34 immediately preceding the submission of the affidavit from the certified
17-35 public accountant;
17-36 (2) The governmental services tax imposed pursuant to chapter 371
17-37 of NRS on the vehicles used in the operation of his business in this state
17-38 of not less than $5,000 for each consecutive 12-month period for 60
17-39 months immediately preceding the submission of the affidavit from the
17-40 certified public accountant; or
17-41 (3) Any combination of such sales and use taxes and governmental
17-42 services tax; or
17-43 (b) Acquired, by purchase, inheritance, gift or transfer through a
17-44 stock option plan, all the assets and liabilities of a viable, operating
17-45 construction firm that possesses a:
17-46 (1) License as a specialty contractor pursuant to the provisions of
17-47 chapter 624 of NRS; and
17-48 (2) Certificate of eligibility to receive a preference in bidding on
17-49 public works.
18-1 5. For the purposes of complying with the requirements set forth in
18-2 paragraph (a) of subsection 3[, a general] and paragraph (a) of subsection
18-3 4, a contractor shall be deemed to have paid:
18-4 (a) Sales and use taxes and governmental services taxes that were paid
18-5 in this state by an affiliate or parent company of the contractor, if the
18-6 affiliate or parent company is also a general contractor[;] or specialty
18-7 contractor, as applicable; and
18-8 (b) Sales and use taxes that were paid in this state by a joint venture in
18-9 which the contractor is a participant, in proportion to the amount of interest
18-10 the contractor has in the joint venture.
18-11 [5.] 6. A contractor who has received a certificate of eligibility to
18-12 receive a preference in bidding on public works from the state contractors’
18-13 board pursuant to subsection 3 or 4 shall, at the time for the annual renewal
18-14 of his contractor’s license pursuant to NRS 624.283, submit to the board an
18-15 affidavit from a certified public accountant setting forth that the contractor
18-16 has, during the immediately preceding 12 months, paid the taxes required
18-17 pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4,
18-18 as applicable, to maintain his eligibility to hold such a certificate.
18-19 [6.] 7. A contractor who fails to submit an affidavit to the board
18-20 pursuant to subsection [5] 6 ceases to be eligible to receive a preference in
18-21 bidding on public works unless he reapplies for and receives a certificate of
18-22 eligibility pursuant to subsection 3[.
18-23 7.] or 4, as applicable.
18-24 8. If a contractor holds more than one contractor’s license, he must
18-25 submit a separate application for each license pursuant to which he
18-26 wishes to qualify for a preference in bidding. Upon issuance, the
18-27 certificate of eligibility to receive a preference in bidding on public works
18-28 becomes part of the contractor’s license for which the contractor
18-29 submitted the application.
18-30 9. If a contractor who applies to the state contractors’ board for a
18-31 certificate of eligibility to receive a preference in bidding on public works
18-32 submits false information to the board regarding the required payment of
18-33 taxes, the contractor is not eligible to receive a preference in bidding on
18-34 public works for a period of 5 years after the date on which the board
18-35 becomes aware of the submission of the false information.
18-36 [8.] 10. If any federal statute or regulation precludes the granting of
18-37 federal assistance or reduces the amount of that assistance for a particular
18-38 public work because of the provisions of subsection 2, those provisions do
18-39 not apply insofar as their application would preclude or reduce federal
18-40 assistance for that work. The provisions of subsection 2 do not apply to any
18-41 contract for a public work which is expected to cost less than $250,000.
18-42 [9.] 11. If a bid is submitted by two or more contractors as a joint
18-43 venture or by one of them as a joint venturer, the provisions of subsection 2
18-44 apply only if both or all of the joint venturers separately meet the
18-45 requirements of that subsection.
18-46 [10.] 12. The state contractors’ board shall adopt regulations and may
18-47 assess reasonable fees relating to the certification of contractors for a
18-48 preference in bidding on public works.
19-1 [11.] 13. A person or entity who believes that a contractor wrongfully
19-2 holds a certificate of eligibility to receive a preference in bidding on public
19-3 works may challenge the validity of the certificate by filing a written
19-4 objection with the public body to which the contractor has submitted a bid
19-5 or proposal on a contract for the completion of a public work. A written
19-6 objection authorized pursuant to this subsection must:
19-7 (a) Set forth proof or substantiating evidence to support the belief of the
19-8 person or entity that the contractor wrongfully holds a certificate of
19-9 eligibility to receive a preference in bidding on public works; and
19-10 (b) Be filed with the public body at or after the time at which the
19-11 contractor submitted the bid or proposal to the public body and before the
19-12 time at which the public body awards the contract for which the bid or
19-13 proposal was submitted.
19-14 [12.] 14. If a public body receives a written objection pursuant to
19-15 subsection [11,] 13, the public body shall determine whether the objection
19-16 is accompanied by the proof or substantiating evidence required pursuant
19-17 to paragraph (a) of that subsection. If the public body determines that the
19-18 objection is not accompanied by the required proof or substantiating
19-19 evidence, the public body shall dismiss the objection and may proceed
19-20 immediately to award the contract. If the public body determines that the
19-21 objection is accompanied by the required proof or substantiating evidence,
19-22 the public body shall determine whether the contractor qualifies for the
19-23 certificate pursuant to the provisions of this section and may proceed to
19-24 award the contract accordingly.
19-25 Sec. 13. NRS 338.1711 is hereby amended to read as follows:
19-26 338.1711 1. Except as otherwise provided in this section, a public
19-27 body shall contract with a prime contractor for the construction of a public
19-28 work for which the estimated cost exceeds $100,000.
19-29 2. A public body may contract with a design-build team for the design
19-30 and construction of a public work that is a discrete project if the public
19-31 body determines that:
19-32 (a) The public work is:
19-33 (1) A plant or facility for the treatment and pumping of water or the
19-34 treatment and disposal of wastewater or sewage, the estimated cost of
19-35 which exceeds $100,000,000; or
19-36 (2) Any other type of public work, except a stand-alone underground
19-37 utility project, the estimated cost of which exceeds $30,000,000; and
19-38 (b) Contracting with a design-build team will enable the public body to:
19-39 (1) Design and construct the public work at a cost that is significantly
19-40 lower than the cost that the public body would incur to design and
19-41 construct the public work using a different method;
19-42 (2) Design and construct the public work in a shorter time than would
19-43 be required to design and construct the public work using a different
19-44 method, if exigent circumstances require that the public work be designed
19-45 and constructed within a short time; or
19-46 (3) Ensure that the design and construction of the public work is
19-47 properly coordinated, if the public work is unique, highly technical and
19-48 complex in nature.
20-1 3. In a county whose population is 400,000 or more, a public body that
20-2 is responsible for financing public works may, for its own public works
20-3 and those financed by a different public body, including, without
20-4 limitation, an airport if the airport is owned and operated as a department
20-5 of the public body, contract with a design-build team once in each fiscal
20-6 year for the design and construction of a public work if the public body
20-7 determines that:
20-8 (a) The estimated cost of the public work is at least $5,000,000 but less
20-9 than $30,000,000; and
20-10 (b) Contracting with a design-build team will enable the public body to:
20-11 (1) Design and construct the public work at a cost that is significantly
20-12 lower than the cost that the public body would incur to design and
20-13 construct the public work using a different method;
20-14 (2) Design and construct the public work in a shorter time than would
20-15 be required to design and construct the public work using a different
20-16 method, if exigent circumstances require that the public work be designed
20-17 and constructed within a short time; or
20-18 (3) Ensure that the design and construction of the public work is
20-19 properly coordinated, if the public work is unique, highly technical and
20-20 complex in nature.
20-21 4. Notwithstanding the provisions of subsections 1, 2 and 3, a public
20-22 body may contract with:
20-23 (a) A nonprofit organization for the design and construction of a project
20-24 to restore, enhance or develop wetlands.
20-25 (b) A prime contractor[, specialty contractor] or design-build team with
20-26 respect to a public work if the public body determines that the public work
20-27 is:
20-28 (1) Not part of a larger public work; and
20-29 (2) Limited in scope to:
20-30 (I) Removal of asbestos;
20-31 (II) Replacement of equipment or systems for heating, ventilation
20-32 and air-conditioning;
20-33 (III) Replacement of a roof;
20-34 (IV) Landscaping; or
20-35 (V) Restoration, enhancement or development of wetlands.
20-36 Sec. 14. NRS 338.1715 is hereby amended to read as follows:
20-37 338.1715 1. A public body that is required to contract with a prime
20-38 contractor pursuant to subsection 1 of NRS 338.1711 or elects to contract
20-39 with a [specialty] prime contractor pursuant to subsection 4 of NRS
20-40 338.1711 shall select the prime contractor [or specialty contractor, as
20-41 appropriate,] in accordance with the procedures for bidding that are set
20-42 forth in:
20-43 (a) The provisions of NRS 338.1375 to 338.1389, inclusive[;] and
20-44 sections 2 and 3 of this act; or
20-45 (b) NRS 338.143, 338.145 and 338.147[,] and section 4 of this act, if
20-46 the public body is a local government that elects to award a contract for a
20-47 public work in accordance with paragraph (b) of subsection 1 of NRS
20-48 338.1373.
21-1 2. A public body that contracts with a design-build team pursuant to
21-2 NRS 338.1711 and 338.1713 shall select the design-build team in
21-3 accordance with NRS 338.1721 to 338.1727, inclusive.
21-4 Sec. 15. 1. This section, sections 1 to 5, inclusive, and 7, 10, 13 and 14
21-5 of this act become effective on July 1, 2001.
21-6 2. Sections 8 and 11 of this act become
effective at 12:01 a.m. on
July 1, 2001.
21-7 3. Section 6 of this act becomes effective at
12:01 a.m. on
October 1, 2003.
21-8 4. Section 9 of this act becomes effective at
12:02 a.m. on
October 1, 2003.
21-9 5. Section 12 of this act becomes effective at
12:03 a.m. on
October 1, 2003.
21-10 6. Sections 5, 8, 11, 13 and 14 of this act expire by limitation on
21-11 October 1, 2003.
21-12 H