Senate Bill No. 94–Senator O’Donnell
February 9, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Prohibits state contractors’ board from
issuing certificate of preference in bidding on public works to persons not
licensed as general contractor. (BDR 28‑955)
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; prohibiting the state contractors’ board from issuing a
certificate of preference in bidding on public works to persons not licensed as
a general contractor; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 338.010
is hereby amended to read as follows:
1-2 338.010 As used in this
chapter:
1-3 1. “Day labor” means all
cases where public bodies, their officers,
1-4 agents or employees, hire,
supervise and pay the wages thereof directly to a
1-5 workman or workmen employed
by them on public works by the day and
1-6 not under a contract in
writing.
1-7 2. “Design-build contract”
means a contract between a public body
1-8 and a design-build team in
which the design-build team agrees to design
1-9 and construct a public work.
1-10 3. “Design-build team”
means an entity that consists of:
1-11 (a) At least one person who is licensed as a general engineering
1-12 contractor or a general
building contractor pursuant to chapter 624 of NRS;
1-13 and
1-14 (b) For a public work that consists of:
1-15 (1) A building and its site, at least one person who holds a
certificate
1-16 of registration to practice
architecture pursuant to chapter 623 of NRS.
1-17 (2) Anything other than a building and its site, at least one
person
1-18 who holds a certificate of
registration to practice architecture pursuant to
1-19 chapter 623 of NRS or is
licensed as a professional engineer pursuant to
1-20 chapter 625 of NRS.
1-21 4. “Design professional”
means a person with a professional license or
1-22 certificate issued pursuant
to chapter 623, 623A or 625 of NRS.
2-1 5. “Eligible bidder” means
a person who is:
2-2 (a) Found to be a responsible and responsive contractor by a local
2-3 government which requests
bids for a public work in accordance with
2-4 paragraph (b) of subsection
1 of NRS 338.1373; or
2-5 (b) Determined by a public body which awarded a contract for a
public
2-6 work pursuant to NRS
338.1375 to 338.1389, inclusive, to be qualified to
2-7 bid on that contract
pursuant to NRS 338.1379 or was exempt from
2-8 meeting such qualifications
pursuant to NRS 338.1383.
2-9 6. “General contractor” means a person who is licensed to
conduct
2-10 business in one or both of the following branches of the
contracting
2-11 business:
2-12 (a) General engineering
contracting, as described in subsection 2 of
2-13 NRS 624.215.
2-14 (b) General building
contracting, as described in subsection 3 of NRS
2-15 624.215.
2-16 7. “Local government” means every political subdivision
or other
2-17 entity which has the right
to levy or receive money from ad valorem or
2-18 other taxes or any mandatory
assessments, and includes, without limitation,
2-19 counties, cities, towns,
boards, school districts and other districts organized
2-20 pursuant to chapters 244A,
309, 318, 379, 474, 541, 543 and 555 of NRS,
2-21 NRS 450.550 to 450.750,
inclusive, and any agency or department of a
2-22 county or city which
prepares a budget separate from that of the parent
2-23 political subdivision.
2-24 [7.] 8.
“Offense” means failing to:
2-25 (a) Pay the prevailing wage required pursuant to this chapter;
2-26 (b) Pay the contributions for unemployment compensation required
2-27 pursuant to chapter 612 of
NRS; or
2-28 (c) Provide and secure compensation for employees required pursuant
2-29 to chapters 616A to 617,
inclusive, of NRS.
2-30 [8.] 9. “Prime contractor” means a person who:
2-31 (a) Contracts to construct an entire project;
2-32 (b) Coordinates all work performed on the entire project;
2-33 (c) Uses his own work force to perform all or a part of the
construction,
2-34 repair or reconstruction of
the project; and
2-35 (d) Contracts for the services of any subcontractor or independent
2-36 contractor or is responsible
for payment to any contracted subcontractors or
2-37 independent contractors.
2-38 [9.] 10. “Public body” means the state, county, city,
town, school
2-39 district or any public
agency of this state or its political subdivisions
2-40 sponsoring or financing a
public work.
2-41 [10.] 11. “Public work” means any project for the new
construction,
2-42 repair or reconstruction of:
2-43 (a) A project financed in whole or in part from public money for:
2-44 (1) Public buildings;
2-45 (2) Jails and prisons;
2-46 (3) Public roads;
2-47 (4) Public highways;
2-48 (5) Public streets and alleys;
3-1 (6) Public utilities which are financed in whole or in part by
public
3-2 money;
3-3 (7) Publicly owned water mains and sewers;
3-4 (8) Public parks and playgrounds;
3-5 (9) Public convention facilities which are financed at least in
part
3-6 with public funds; and
3-7 (10) All other publicly owned works and property whose cost as a
3-8 whole exceeds $20,000. Each
separate unit that is a part of a project is
3-9 included in the cost of the
project to determine whether a project meets that
3-10 threshold.
3-11 (b) A building for the University and Community College System of
3-12 Nevada of which 25 percent
or more of the costs of the building as a whole
3-13 are paid from money
appropriated by this state or from federal money.
3-14 [11.] 12. “Specialty contractor” means a contractor
whose operations
3-15 as such are the performance
of construction work requiring special skill
3-16 and whose principal
contracting business involves the use of specialized
3-17 building trades or crafts.
3-18 [12.] 13. “Stand-alone underground utility project”
means an
3-19 underground utility project
that is not integrated into a larger project,
3-20 including, without
limitation:
3-21 (a) An underground sewer line or an underground pipeline for the
3-22 conveyance of water,
including facilities appurtenant thereto; and
3-23 (b) A project for the construction or installation of a storm
drain,
3-24 including facilities
appurtenant thereto,
3-25 that is not located at the
site of a public work for the design and
3-26 construction of which a
public body is authorized to contract with a design-
3-27 build team pursuant to subsection
2 of NRS 338.1711.
3-28 [13.] 14. “Wages” means:
3-29 (a) The basic hourly rate of pay; and
3-30 (b) The amount of pension, health and welfare, vacation and holiday
3-31 pay, the cost of
apprenticeship training or other similar programs or other
3-32 bona fide fringe benefits
which are a benefit to the workman.
3-33 [14.] 15. “Workman” means a skilled mechanic, skilled
workman,
3-34 semiskilled mechanic,
semiskilled workman or unskilled workman. The
3-35 term does not include a design
professional.
3-36 Sec. 2. NRS 338.010 is hereby amended to read as follows:
3-37 338.010 As used in this
chapter:
3-38 1. “Day labor” means all
cases where public bodies, their officers,
3-39 agents or employees, hire,
supervise and pay the wages thereof directly to a
3-40 workman or workmen employed
by them on public works by the day and
3-41 not under a contract in
writing.
3-42 2. “Eligible bidder” means
a person who is:
3-43 (a) Found to be a responsible and responsive contractor by a local
3-44 government which requests
bids for a public work in accordance with
3-45 paragraph (b) of subsection
1 of NRS 338.1373; or
3-46 (b) Determined by a public body which awarded a contract for a
public
3-47 work pursuant to NRS 338.1375
to 338.1389, inclusive, to be qualified to
3-48 bid on that contract
pursuant to NRS 338.1379 or was exempt from
3-49 meeting such qualifications
pursuant to NRS 338.1383.
4-1 3. “General contractor” means a person who is licensed to
conduct
4-2 business in one or both of the following branches of the
contracting
4-3 business:
4-4 (a) General engineering
contracting, as described in subsection 2 of
4-5 NRS 624.215.
4-6 (b) General building
contracting, as described in subsection 3 of NRS
4-7 624.215.
4-8 4. “Local government” means every political subdivision or other
4-9 entity which has the right
to levy or receive money from ad valorem or
4-10 other taxes or any mandatory
assessments, and includes, without limitation,
4-11 counties, cities, towns,
boards, school districts and other districts organized
4-12 pursuant to chapters 244A,
309, 318, 379, 474, 541, 543 and 555 of NRS,
4-13 NRS 450.550 to 450.750,
inclusive, and any agency or department of a
4-14 county or city which
prepares a budget separate from that of the parent
4-15 political subdivision.
4-16 [4.] 5. “Offense” means failing to:
4-17 (a) Pay the prevailing wage required pursuant to this chapter;
4-18 (b) Pay the contributions for unemployment compensation required
4-19 pursuant to chapter 612 of
NRS; or
4-20 (c) Provide and secure compensation for employees required pursuant
4-21 to chapters 616A to 617,
inclusive, of NRS.
4-22 [5.] 6. “Prime contractor” means a person who:
4-23 (a) Contracts to complete an entire project;
4-24 (b) Coordinates all work performed on the entire project;
4-25 (c) Uses his own work force to perform all or a part of the
construction,
4-26 repair or reconstruction of
the project; and
4-27 (d) Contracts for the services of any subcontractor or independent
4-28 contractor or is responsible
for payment to any contracted subcontractors or
4-29 independent contractors.
4-30 [6.] 7. “Public body” means the state, county, city,
town, school
4-31 district or any public
agency of this state or its political subdivisions
4-32 sponsoring or financing a
public work.
4-33 [7.] 8.
“Public work” means any project for the new construction,
4-34 repair or reconstruction of:
4-35 (a) A project financed in whole or in part from public money for:
4-36 (1) Public buildings;
4-37 (2) Jails and prisons;
4-38 (3) Public roads;
4-39 (4) Public highways;
4-40 (5) Public streets and alleys;
4-41 (6) Public utilities which are financed in whole or in part by
public
4-42 money;
4-43 (7) Publicly owned water mains and sewers;
4-44 (8) Public parks and playgrounds;
4-45 (9) Public convention facilities which are financed at least in
part
4-46 with public funds; and
4-47 (10) Any other publicly owned works and property whose cost as a
4-48 whole exceeds $20,000. Each
separate unit that is a part of a project is
5-1 included in the cost of the
project to determine whether a project meets that
5-2 threshold.
5-3 (b) A building for the University and Community College System of
5-4 Nevada of which 25 percent
or more of the costs of the building as a whole
5-5 are paid from money
appropriated by this state or from federal money.
5-6 [8.] 9. “Wages” means:
5-7 (a) The basic hourly rate of pay; and
5-8 (b) The amount of pension, health and welfare, vacation and holiday
5-9 pay, the cost of
apprenticeship training or other similar programs or other
5-10 bona fide fringe benefits
which are a benefit to the workman.
5-11 [9.] 10. “Workman” means a skilled mechanic, skilled
workman,
5-12 semiskilled mechanic,
semiskilled workman or unskilled workman. The
5-13 term does not include a
“design professional” as that term is defined in
5-14 NRS 338.155.
5-15 Sec. 3. NRS 338.1389 is hereby amended to read as follows:
5-16 338.1389 1. Except as otherwise provided in NRS 338.1385
and
5-17 338.1711 to 338.1727,
inclusive, a public body shall award a contract for a
5-18 public work to the
contractor who submits the best bid.
5-19 2. Except as otherwise
provided in subsection 8 or limited by
5-20 subsection 9, for the
purposes of this section, a general
contractor who:
5-21 (a) Has been determined by the public body to be a qualified bidder
5-22 pursuant to NRS 338.1379 or
is exempt from meeting such requirements
5-23 pursuant to NRS 338.1373 or
338.1383; and
5-24 (b) At the time he submits his bid, provides to the public body a
copy of
5-25 a certificate of eligibility
to receive a preference in bidding on public works
5-26 issued to him by the state
contractors’ board pursuant to subsection 3,
5-27 shall be deemed to have
submitted a better bid than a competing contractor
5-28 who has not provided a copy
of such a valid certificate of eligibility if the
5-29 amount of his bid is not
more than 5 percent higher than the amount bid by
5-30 the competing contractor.
5-31 3. The state contractors’
board shall issue a certificate of eligibility to
5-32 receive a preference in
bidding on public works to a general contractor who
5-33 is licensed pursuant to the
provisions of chapter 624 of NRS and submits to
5-34 the board an affidavit from
a certified public accountant setting forth that
5-35 the general contractor has:
5-36 (a) Paid:
5-37 (1) The sales and use taxes imposed pursuant to chapters 372, 374
5-38 and 377 of NRS on materials
used for construction in this state, including,
5-39 without limitation,
construction that is undertaken or carried out on land
5-40 within the boundaries of
this state that is managed by the Federal
5-41 Government or is on an
Indian reservation or Indian colony, of not less
5-42 than $5,000 for each
consecutive 12-month period for 60 months
5-43 immediately preceding the
submission of the affidavit from the certified
5-44 public accountant;
5-45 (2) The motor vehicle privilege tax imposed pursuant to chapter
371
5-46 of NRS on the vehicles used
in the operation of his business in this state of
5-47 not less than $5,000 for
each consecutive 12-month period for 60 months
5-48 immediately preceding the
submission of the affidavit from the certified
5-49 public accountant; or
6-1 (3) Any combination of such sales and use taxes and motor
vehicle
6-2 privilege tax; or
6-3 (b) Acquired, by inheritance, gift or transfer through a stock option
plan
6-4 for employees, all the
assets and liabilities of a viable, operating
6-5 construction firm that
possesses a:
6-6 (1) License as a general contractor pursuant to the provisions
of
6-7 chapter 624 of NRS; and
6-8 (2) Certificate of eligibility to receive a preference in
bidding on
6-9 public works.
6-10 4. For the purposes of
complying with the requirements set forth in
6-11 paragraph (a) of subsection
3, a general contractor shall be deemed to have
6-12 paid:
6-13 (a) Sales and use taxes and motor vehicle privilege taxes paid in
this
6-14 state by an affiliate or
parent company of the contractor, if the affiliate or
6-15 parent company is also a
general contractor; and
6-16 (b) Sales and use taxes paid in this state by a joint venture in
which the
6-17 contractor is a participant,
in proportion to the amount of interest the
6-18 contractor has in the joint
venture.
6-19 5. A general contractor who has received a
certificate of eligibility to
6-20 receive a preference in
bidding on public works from the state contractors’
6-21 board pursuant to subsection
3 shall, at the time for the annual renewal of
6-22 his contractor’s license
pursuant to NRS 624.283, submit to the board an
6-23 affidavit from a certified
public accountant setting forth that the contractor
6-24 has, during the immediately
preceding 12 months, paid the taxes required
6-25 pursuant to paragraph (a) of
subsection 3 to maintain his eligibility to hold
6-26 such a certificate.
6-27 6. A general contractor who fails to submit an
affidavit to the board
6-28 pursuant to subsection 5
ceases to be eligible to receive a preference in
6-29 bidding on public works
unless he reapplies for and receives a certificate of
6-30 eligibility pursuant to
subsection 3.
6-31 7. If a general contractor who
applies to the state contractors’ board
6-32 for a certificate of
eligibility to receive a preference in bidding on public
6-33 works submits false
information to the board regarding the required
6-34 payment of taxes, the
contractor is not eligible to receive a preference in
6-35 bidding on public works for
a period of 5 years after the date on which the
6-36 board becomes aware of the
submission of the false information.
6-37 8. If any federal statute
or regulation precludes the granting of federal
6-38 assistance or reduces the
amount of that assistance for a particular public
6-39 work because of the
provisions of subsection 2, those provisions do not
6-40 apply insofar as their
application would preclude or reduce federal
6-41 assistance for that work.
The provisions of subsection 2 do not apply to any
6-42 contract for a public work
which is expected to cost less than $250,000.
6-43 9. Except as otherwise
provided in subsection 2 of NRS 338.1727, if a
6-44 bid is submitted by two or
more contractors as a joint venture or by one of
6-45 them as a joint venturer,
the provisions of subsection 2 apply only if both
6-46 or all of the joint
venturers separately meet the requirements of that
6-47 subsection.
7-1 10. The state contractors’
board shall adopt regulations and may assess
7-2 reasonable fees relating to
the certification of general contractors
for a
7-3 preference in bidding on
public works.
7-4 11. The state contractors’ board shall not issue a certificate
of
7-5 eligibility to receive a preference in bidding on public works to a
person
7-6 who is not licensed in this state as a general contractor.
7-7 12. A person or entity who believes that a contractor wrongfully holds
7-8 a certificate of eligibility
to receive a preference in bidding on public works
7-9 may challenge the validity
of the certificate by filing a written objection
7-10 with the public body to
which the contractor has submitted a bid or
7-11 proposal on a contract for
the construction of a public work. A written
7-12 objection authorized
pursuant to this subsection must:
7-13 (a) Set forth proof or substantiating evidence to support the
belief of the
7-14 person or entity that the
contractor wrongfully holds a certificate of
7-15 eligibility to receive a
preference in bidding on public works; and
7-16 (b) Be filed with the public body at or after the time at which the
7-17 contractor submitted the bid
or proposal to the public body and before the
7-18 time at which the public
body awards the contract for which the bid or
7-19 proposal was submitted.
7-20 [12.] 13. If a public body receives a written objection
pursuant to
7-21 subsection [11,]
12, the public body
shall determine whether the objection
7-22 is accompanied by the proof
or substantiating evidence required pursuant
7-23 to paragraph (a) of that
subsection. If the public body determines that the
7-24 objection is not accompanied
by the required proof or substantiating
7-25 evidence, the public body
shall dismiss the objection and may proceed
7-26 immediately to award the
contract. If the public body determines that the
7-27 objection is accompanied by
the required proof or substantiating evidence,
7-28 the public body shall
determine whether the contractor qualifies for the
7-29 certificate pursuant to the
provisions of this section and may proceed to
7-30 award the contract
accordingly.
7-31 Sec. 4. NRS 338.141 is hereby amended to read as follows:
7-32 338.141 1. Except as otherwise provided in subsection 2,
each bid
7-33 submitted to any officer,
department, board or commission for the
7-34 construction of any public
work or improvement must include:
7-35 (a) The name of each subcontractor who will provide labor or a
portion
7-36 of the work or improvement
to the contractor for which he will be paid an
7-37 amount exceeding 5 percent
of the prime contractor’s total bid. Within 2
7-38 hours after the completion
of the opening of the bids, the [general]
7-39 contractors who submitted
the three lowest bids must submit a list of the
7-40 name of each subcontractor
who will provide labor or a portion of the work
7-41 or improvement to the
contractor for which he will be paid an amount
7-42 exceeding 1 percent of the
prime contractor’s total bid or $50,000,
7-43 whichever is greater, and
the number of the license issued to the
7-44 subcontractor pursuant to
chapter 624 of NRS. If a [general] contractor
7-45 fails to submit such a list
within the required time, his bid shall be deemed
7-46 not responsive.
7-47 (b) A description of the portion of the work or improvement which
each
7-48 subcontractor named in the
bid will complete.
8-1 2. The contractor shall
list in his bid pursuant to subsection 1 the name
8-2 of a subcontractor for each
portion of the project that will be completed by
8-3 a subcontractor.
8-4 3. A contractor whose bid
is accepted shall not substitute any person
8-5 for a subcontractor who is
named in the bid, unless:
8-6 (a) The awarding authority objects to the subcontractor, requests
in
8-7 writing a change in the
subcontractor and pays any increase in costs
8-8 resulting from the change;
or
8-9 (b) The substitution is approved by the awarding authority and:
8-10 (1) The subcontractor, after having a reasonable opportunity,
fails or
8-11 refuses to execute a written
contract with the contractor which was offered
8-12 to the subcontractor with
the same terms that all other subcontractors on
8-13 the project were offered;
8-14 (2) The named subcontractor files for bankruptcy or becomes
8-15 insolvent; or
8-16 (3) The named subcontractor fails or refuses to perform his
8-17 subcontract within a
reasonable time or is unable to furnish a performance
8-18 bond and payment bond
pursuant to NRS 339.025.
8-19 Sec. 5. NRS 338.147 is hereby amended to read as follows:
8-20 338.147 1. Except as otherwise provided in NRS 338.143
and
8-21 338.1711 to 338.1727,
inclusive, a local government shall award a contract
8-22 for a public work to the
contractor who submits the best bid.
8-23 2. Except as otherwise
provided in subsection 8 or limited by
8-24 subsection 9, for the
purposes of this section, a general
contractor who:
8-25 (a) Has been found to be a responsible and responsive contractor by
the
8-26 local government; and
8-27 (b) At the time he submits his bid, provides to the local
government a
8-28 copy of a certificate of
eligibility to receive a preference in bidding on
8-29 public works issued to him
by the state contractors’ board pursuant to
8-30 subsection 3,
8-31 shall be deemed to have
submitted a better bid than a competing contractor
8-32 who has not provided a copy
of such a valid certificate of eligibility if the
8-33 amount of his bid is not
more than 5 percent higher than the amount bid by
8-34 the competing contractor.
8-35 3. The state contractors’
board shall issue a certificate of eligibility to
8-36 receive a preference in
bidding on public works to a general contractor who
8-37 is licensed pursuant to the
provisions of chapter 624 of NRS and submits to
8-38 the board an affidavit from
a certified public accountant setting forth that
8-39 the general contractor has:
8-40 (a) Paid:
8-41 (1) The sales and use taxes imposed pursuant to chapters 372, 374
8-42 and 377 of NRS on materials
used for construction in this state, including,
8-43 without limitation,
construction that is undertaken or carried out on land
8-44 within the boundaries of
this state that is managed by the Federal
8-45 Government or is on an
Indian reservation or Indian colony, of not less
8-46 than $5,000 for each
consecutive 12-month period for 60 months
8-47 immediately preceding the
submission of the affidavit from the certified
8-48 public accountant;
9-1 (2) The motor vehicle privilege tax imposed pursuant to chapter
371
9-2 of NRS on the vehicles used
in the operation of his business in this state of
9-3 not less than $5,000 for
each consecutive 12-month period for 60 months
9-4 immediately preceding the
submission of the affidavit from the certified
9-5 public accountant; or
9-6 (3) Any combination of such sales and use taxes and motor
vehicle
9-7 privilege tax; or
9-8 (b) Acquired, by inheritance, gift or transfer through a stock
option plan
9-9 for employees, all the
assets and liabilities of a viable, operating
9-10 construction firm that
possesses a:
9-11 (1) License as a general contractor pursuant to the provisions of
9-12 chapter 624 of NRS; and
9-13 (2) Certificate of eligibility to receive a preference in bidding
on
9-14 public works.
9-15 4. For the purposes of
complying with the requirements set forth in
9-16 paragraph (a) of subsection
3, a general contractor shall be deemed to have
9-17 paid:
9-18 (a) Sales and use taxes and motor vehicle privilege taxes paid in
this
9-19 state by an affiliate or
parent company of the contractor, if the affiliate or
9-20 parent company is also a
general contractor; and
9-21 (b) Sales and use taxes paid in this state by a joint venture in
which the
9-22 contractor is a participant,
in proportion to the amount of interest the
9-23 contractor has in the joint
venture.
9-24 5. A general contractor who has received a
certificate of eligibility to
9-25 receive a preference in
bidding on public works from the state contractors’
9-26 board pursuant to subsection
3 shall, at the time for the annual renewal of
9-27 his contractor’s license
pursuant to NRS 624.283, submit to the board an
9-28 affidavit from a certified
public accountant setting forth that the contractor
9-29 has, during the immediately
preceding 12 months, paid the taxes required
9-30 pursuant to paragraph (a) of
subsection 3 to maintain his eligibility to hold
9-31 such a certificate.
9-32 6. A general contractor who fails to submit an
affidavit to the board
9-33 pursuant to subsection 5
ceases to be eligible to receive a preference in
9-34 bidding on public works
unless he reapplies for and receives a certificate of
9-35 eligibility pursuant to
subsection 3.
9-36 7. If a general contractor who
applies to the state contractors’ board
9-37 for a certificate of
eligibility to receive a preference in bidding on public
9-38 works submits false
information to the board regarding the required
9-39 payment of taxes, the
contractor is not eligible to receive a preference in
9-40 bidding on public works for
a period of 5 years after the date on which the
9-41 board becomes aware of the
submission of the false information.
9-42 8. If any federal statute
or regulation precludes the granting of federal
9-43 assistance or reduces the
amount of that assistance for a particular public
9-44 work because of the
provisions of subsection 2, those provisions do not
9-45 apply insofar as their
application would preclude or reduce federal
9-46 assistance for that work.
The provisions of subsection 2 do not apply to any
9-47 contract for a public work
which is expected to cost less than $250,000.
9-48 9. Except as otherwise
provided in subsection 2 of NRS 338.1727 and
9-49 subsection 2 of NRS 408.3886
if a bid is submitted by two or more
10-1 contractors as a joint
venture or by one of them as a joint venturer, the
10-2 provisions of subsection 2
apply only if both or all of the joint venturers
10-3 separately meet the
requirements of that subsection.
10-4 10. The state contractors’
board shall adopt regulations and may assess
10-5 reasonable fees relating to
the certification of general contractors
for a
10-6 preference in bidding on
public works.
10-7 11. The state contractors’ board shall not issue a certificate
of
10-8 eligibility to receive a preference in bidding on public works to a
person
10-9 who is not licensed in this state as a general contractor.
10-10 12. A person or entity who believes that a contractor
wrongfully holds
10-11 a certificate of eligibility
to receive a preference in bidding on public works
10-12 may challenge the validity
of the certificate by filing a written objection
10-13 with the public body to
which the contractor has submitted a bid or
10-14 proposal on a contract for
the completion of a public work. A written
10-15 objection authorized
pursuant to this subsection must:
10-16 (a) Set forth proof or substantiating evidence to support the belief
of the
10-17 person or entity that the
contractor wrongfully holds a certificate of
10-18 eligibility to receive a
preference in bidding on public works; and
10-19 (b) Be filed with the public body at or after the time at which the
10-20 contractor submitted the bid
or proposal to the public body and before the
10-21 time at which the public
body awards the contract for which the bid or
10-22 proposal was submitted.
10-23 [12.] 13. If a public body receives a written objection
pursuant to
10-24 subsection [11,]
12, the public body
shall determine whether the objection
10-25 is accompanied by the proof
or substantiating evidence required pursuant
10-26 to paragraph (a) of that
subsection. If the public body determines that the
10-27 objection is not accompanied
by the required proof or substantiating
10-28 evidence, the public body
shall dismiss the objection and may proceed
10-29 immediately to award the
contract. If the public body determines that the
10-30 objection is accompanied by
the required proof or substantiating evidence,
10-31 the public body shall
determine whether the contractor qualifies for the
10-32 certificate pursuant to the
provisions of this section and may proceed to
10-33 award the contract
accordingly.
10-34 Sec. 6. Section 13.5
of chapter 627, Statutes of Nevada 1999, at page
10-35 3479, is hereby amended to
read as follows:
10-36 Sec. 13.5. NRS 338.147 is hereby amended to read as
follows:
10-37 338.147 1. Except
as otherwise provided in NRS 338.143 , [and
10-38 sections 2 to 9,
inclusive, of this act,] a local government shall award
10-39 a contract for a public work to the contractor who
submits the best
10-40 bid.
10-41 2. Except as otherwise provided in subsection 8
or limited by
10-42 subsection 9, for the purposes of this section, a
general contractor
10-43 who:
10-44 (a) Has been
found to be a responsible and responsive contractor
10-45 by the local government; and
10-46 (b) At the
time he submits his bid, provides to the local
10-47 government a copy of a certificate of
eligibility to receive a preference
10-48 in bidding on public works issued to him by the
state contractors’
10-49 board pursuant to subsection 3,
11-1 shall be deemed to have submitted a better bid than
a competing
11-2 contractor who has not provided a copy of such a
valid certificate of
11-3 eligibility if the amount of his bid is not more
than 5 percent higher
11-4 than the amount bid by the competing contractor.
11-5 3. The state contractors’ board shall issue a
certificate of
11-6 eligibility to receive a preference in bidding on
public works to a
11-7 general contractor who is licensed pursuant to the
provisions of
11-8 chapter 624 of NRS and submits to the board an
affidavit from a
11-9 certified public accountant setting forth that the
general contractor
11-10 has:
11-11 (a) Paid:
11-12 (1) The
sales and use taxes imposed pursuant to chapters 372,
11-13 374 and 377 of NRS on materials used for
construction in this state,
11-14 including, without limitation, construction that is
undertaken or
11-15 carried out on land within the boundaries of this
state that is managed
11-16 by the Federal Government or is on an Indian
reservation or Indian
11-17 colony, of not less than $5,000 for each consecutive
12-month period
11-18 for 60 months immediately preceding the submission
of the affidavit
11-19 from the certified public accountant;
11-20 (2) The
motor vehicle privilege tax imposed pursuant to chapter
11-21 371 of NRS on the vehicles used in the operation of
his business in
11-22 this state of not less than $5,000 for each
consecutive 12-month
11-23 period for 60 months immediately preceding the
submission of the
11-24 affidavit from the certified public accountant; or
11-25 (3) Any
combination of such sales and use taxes and motor
11-26 vehicle privilege tax; or
11-27 (b) Acquired,
by inheritance, gift or transfer through a stock option
11-28 plan for employees, all the assets and liabilities
of a viable, operating
11-29 construction firm that possesses a:
11-30 (1) License
as a general contractor pursuant to the provisions of
11-31 chapter 624 of NRS; and
11-32 (2) Certificate
of eligibility to receive a preference in bidding on
11-33 public works.
11-34 4. For the purposes of complying with the
requirements set forth
11-35 in paragraph (a) of subsection 3, a general
contractor shall be deemed
11-36 to have paid:
11-37 (a) Sales and
use taxes and motor vehicle privilege taxes paid in
11-38 this state by an affiliate or parent company of the
contractor, if the
11-39 affiliate or parent company is also a general
contractor; and
11-40 (b) Sales and
use taxes paid in this state by a joint venture in which
11-41 the contractor is a participant, in proportion to
the amount of interest
11-42 the contractor has in the joint venture.
11-43 5. A general contractor who has received a
certificate of
11-44 eligibility to receive a preference in bidding on
public works from the
11-45 state contractors’ board pursuant to subsection 3
shall, at the time for
11-46 the annual renewal of his contractor’s license
pursuant to NRS
11-47 624.283, submit to the board an affidavit from a
certified public
11-48 accountant setting forth that the contractor has,
during the
11-49 immediately preceding 12 months, paid the taxes
required pursuant to
12-1 paragraph (a) of subsection 3 to maintain his
eligibility to hold such a
12-2 certificate.
12-3 6. A general contractor who fails to submit an
affidavit to the
12-4 board pursuant to subsection 5 ceases to be eligible
to receive a
12-5 preference in bidding on public works unless he
reapplies for and
12-6 receives a certificate of eligibility pursuant to
subsection 3.
12-7 7. If a general contractor who applies to the
state contractors’
12-8 board for a certificate of eligibility to receive a
preference in bidding
12-9 on public works submits false information to the
board regarding the
12-10 required payment of taxes, the contractor is not
eligible to receive a
12-11 preference in bidding on public works for a period
of 5 years after the
12-12 date on which the board becomes aware of the submission
of the false
12-13 information.
12-14 8. If any federal statute or regulation
precludes the granting of
12-15 federal assistance or reduces the amount of that
assistance for a
12-16 particular public work because of the provisions of
subsection 2, those
12-17 provisions do not apply insofar as their application
would preclude or
12-18 reduce federal assistance for that work. The
provisions of subsection 2
12-19 do not apply to any contract for a public work which
is expected to
12-20 cost less than $250,000.
12-21 9. [Except as otherwise
provided in subsection 2 of section 8 of
12-22 this act and
subsection 2 of section 27 of this act, if] If a bid is
12-23 submitted by two or more contractors as a joint
venture or by one of
12-24 them as a joint venturer, the provisions of subsection
2 apply only if
12-25 both or all of the joint venturers separately meet
the requirements of
12-26 that subsection.
12-27 10. The state contractors’ board shall adopt
regulations and may
12-28 assess reasonable fees relating to the certification
of general
12-29 contractors for a preference in bidding on public
works.
12-30 11. The state contractors’ board shall not issue
a certificate of
12-31 eligibility to receive a preference in bidding on
public works to a
12-32 person who is not licensed in this state as a
general contractor.
12-33 12. A person
or entity who believes that a contractor wrongfully
12-34 holds a certificate of eligibility to receive a
preference in bidding on
12-35 public works may challenge the validity of the
certificate by filing a
12-36 written objection with the public body to which the
contractor has
12-37 submitted a bid or proposal on a contract for the
completion of a
12-38 public work. A written objection authorized pursuant
to this
12-39 subsection must:
12-40 (a) Set forth
proof or substantiating evidence to support the belief
12-41 of the person or entity that the contractor
wrongfully holds a
12-42 certificate of eligibility to receive a preference
in bidding on public
12-43 works; and
12-44 (b) Be filed
with the public body at or after the time at which the
12-45 contractor submitted the bid or proposal to the
public body and before
12-46 the time at which the public body awards the
contract for which the
12-47 bid or proposal was submitted.
12-48 13. If a public body receives a written objection
pursuant to
12-49 subsection 12, the public body shall determine
whether the objection
13-1 is accompanied by the proof or substantiating
evidence required
13-2 pursuant to paragraph (a) of that subsection. If the
public body
13-3 determines that the objection is not accompanied by
the required
13-4 proof or substantiating evidence, the public body
shall dismiss the
13-5 objection and may proceed immediately to award the
contract. If the
13-6 public body determines that the objection is
accompanied by the
13-7 required proof or substantiating evidence, the
public body shall
13-8 determine whether the contractor qualifies for the
certificate pursuant
13-9 to the provisions of this section and may proceed to
award the
13-10 contract accordingly.
13-11 Sec. 7. Section 35.4
of chapter 627, Statutes of Nevada 1999, at page
13-12 3491, is hereby amended to
read as follows:
13-13 Sec. 35.4. Assembly
Bill No. 298 of this session is hereby
13-14 amended by adding thereto
new sections designated sections 19.2
13-15 through 19.6, following sec.
19, to read as follows:
13-16 Sec. 19.2. Section 8 of this act is hereby amended to read as
13-17 follows:
13-18 Sec. 8. 1. Except as otherwise
provided in subsection 7
13-19 and NRS 338.1906 and 338.1907, this state, or a
local
13-20 government that awards a contract for the
construction, alteration
13-21 or repair of a public work in accordance with
paragraph (a) of
13-22 subsection 1 of section 2 of this act, or a public
officer, public
13-23 employee or other person responsible for awarding a
contract for
13-24 the construction, alteration or repair of a public
work who
13-25 represents the state or the local government, shall
not:
13-26 (a) Commence
such a project for which the estimated cost
13-27 exceeds $100,000 unless it advertises in a newspaper
of general
13-28 circulation in this state for bids for the project;
or
13-29 (b) Divide
such a project into separate portions to avoid the
13-30 requirements of paragraph (a).
13-31 2. Except as otherwise provided in subsection 7,
a public
13-32 body that maintains a list of properly licensed
contractors who
13-33 are interested in receiving offers to bid on public
works projects
13-34 for which the estimated cost is more than $25,000
but less than
13-35 $100,000 shall solicit bids from not more than three
of the
13-36 contractors on the list for a contract of that value
for the
13-37 construction, alteration or repair of a public work.
The public
13-38 body shall select contractors from the list in such
a manner as to
13-39 afford each contractor an equal opportunity to bid
on a public
13-40 works project. A properly licensed contractor must
submit a
13-41 written request annually to the public body to
remain on the list.
13-42 Offers for bids which are made pursuant to this
subsection must
13-43 be sent by certified mail.
13-44 3. Each advertisement for bids must include a
provision that
13-45 sets forth:
13-46 (a) The
requirement that a contractor must be qualified
13-47 pursuant to section 5 of this act to bid on the
contract or must be
13-48 exempt from meeting such qualifications pursuant to
section 6 of
13-49 this act; and
14-1 (b) The
period during which an application to qualify as a
14-2 bidder on the contract must be submitted.
14-3 4. Approved plans and specifications for the
bids must be on
14-4 file at a place and time stated in the advertisement
for the
14-5 inspection of all persons desiring to bid thereon
and for other
14-6 interested persons. Contracts for the project must
be awarded on
14-7 the basis of bids received.
14-8 5. Any bids received in response to an
advertisement for bids
14-9 may be rejected if the person responsible for
awarding the
14-10 contract determines that:
14-11 (a) The bidder
is not a qualified bidder pursuant to section 5
14-12 of this act, unless the bidder is exempt from
meeting such
14-13 qualifications pursuant to section 6 of this act;
14-14 (b) The bidder
is not responsive;
14-15 (c) The
quality of the services, materials, equipment or labor
14-16 offered does not conform to the approved plan or
specifications;
14-17 or
14-18 (d) The public
interest would be served by such a rejection.
14-19 6. Before the state or a local government may
commence a
14-20 project subject to the provisions of this section,
based upon a
14-21 determination that the public interest would be
served by
14-22 rejecting any bids received in response to an
advertisement for
14-23 bids, it shall prepare and make available for public
inspection a
14-24 written statement containing:
14-25 (a) A list of
all persons, including supervisors, whom the state
14-26 or the local government intends to assign to the
project, together
14-27 with their classifications and an estimate of the
direct and
14-28 indirect costs of their labor;
14-29 (b) A list of
all equipment that the state or the local
14-30 government intends to use on the project, together
with an
14-31 estimate of the number of hours each item of
equipment will be
14-32 used and the hourly cost to use each item of
equipment;
14-33 (c) An
estimate of the cost of administrative support for the
14-34 persons assigned to the project;
14-35 (d) An
estimate of the total cost of the project; and
14-36 (e) An
estimate of the amount of money the state or the local
14-37 government expects to save by rejecting the bids and
performing
14-38 the project itself.
14-39 7. This section does not apply to:
14-40 (a) Any
utility subject to the provisions of chapter 318 or 710
14-41 of NRS;
14-42 (b) Any work
of construction, reconstruction, improvement
14-43 and maintenance of highways subject to NRS 408.323
or
14-44 408.327;
14-45 (c) Normal
maintenance of the property of a school district;
14-46 or
14-47 (d) The Las
Vegas Valley water district created pursuant to
14-48 chapter 167, Statutes of Nevada 1947, the Moapa
Valley water
14-49 district created pursuant to chapter 477, Statutes
of Nevada 1983
15-1 or the Virgin Valley water district created pursuant
to chapter
15-2 100, Statutes of Nevada 1993 . [; or
15-3 (e) The design and construction of a public
work for which a
15-4 public body
contracts with a design-build team pursuant to
15-5 sections 2 to 9,
inclusive, of Senate Bill No. 475 of this session.]
15-6 Sec. 19.4. Section 8 of this act is hereby amended to read as
15-7 follows:
15-8 Sec. 8. 1. Except as otherwise
provided in subsection 7 ,
15-9 [and NRS 338.1906 and 338.1907,] this state, or a local
15-10 government that awards a contract for the
construction, alteration
15-11 or repair of a public work in accordance with
paragraph (a) of
15-12 subsection 1 of section 2 of this act, or a public
officer, public
15-13 employee or other person responsible for awarding a
contract for
15-14 the construction, alteration or repair of a public
work who
15-15 represents the state or the local government, shall
not:
15-16 (a) Commence
such a project for which the estimated cost
15-17 exceeds $100,000 unless it advertises in a newspaper
of general
15-18 circulation in this state for bids for the project;
or
15-19 (b) Divide
such a project into separate portions to avoid the
15-20 requirements of paragraph (a).
15-21 2. Except as otherwise provided in subsection 7,
a public
15-22 body that maintains a list of properly licensed
contractors who
15-23 are interested in receiving offers to bid on public
works projects
15-24 for which the estimated cost is more than $25,000
but less than
15-25 $100,000 shall solicit bids from not more than three
of the
15-26 contractors on the list for a contract of that value
for the
15-27 construction, alteration or repair of a public work.
The public
15-28 body shall select contractors from the list in such
a manner as to
15-29 afford each contractor an equal opportunity to bid
on a public
15-30 works project. A properly licensed contractor must
submit a
15-31 written request annually to the public body to
remain on the list.
15-32 Offers for bids which are made pursuant to this
subsection must
15-33 be sent by certified mail.
15-34 3. Each advertisement for bids must include a
provision that
15-35 sets forth:
15-36 (a) The
requirement that a contractor must be qualified
15-37 pursuant to section 5 of this act to bid on the
contract or must be
15-38 exempt from meeting such qualifications pursuant to
section 6 of
15-39 this act; and
15-40 (b) The period
during which an application to qualify as a
15-41 bidder on the contract must be submitted.
15-42 4. Approved plans and specifications for the
bids must be on
15-43 file at a place and time stated in the advertisement
for the
15-44 inspection of all persons desiring to bid thereon
and for other
15-45 interested persons. Contracts for the project must
be awarded on
15-46 the basis of bids received.
15-47 5. Any bids received in response to an
advertisement for bids
15-48 may be rejected if the person responsible for
awarding the
15-49 contract determines that:
16-1 (a) The
bidder is not a qualified bidder pursuant to section 5
16-2 of this act, unless the bidder is exempt from
meeting such
16-3 qualifications pursuant to section 6 of this act;
16-4 (b) The
bidder is not responsive;
16-5 (c) The
quality of the services, materials, equipment or labor
16-6 offered does not conform to the approved plan or
specifications;
16-7 or
16-8 (d) The
public interest would be served by such a rejection.
16-9 6. Before the state or a local government may
commence a
16-10 project subject to the provisions of this section,
based upon a
16-11 determination that the public interest would be
served by
16-12 rejecting any bids received in response to an
advertisement for
16-13 bids, it shall prepare and make available for public
inspection a
16-14 written statement containing:
16-15 (a) A list of
all persons, including supervisors, whom the state
16-16 or the local government intends to assign to the
project, together
16-17 with their classifications and an estimate of the
direct and
16-18 indirect costs of their labor;
16-19 (b) A list of
all equipment that the state or the local
16-20 government intends to use on the project, together
with an
16-21 estimate of the number of hours each item of
equipment will be
16-22 used and the hourly cost to use each item of
equipment;
16-23 (c) An
estimate of the cost of administrative support for the
16-24 persons assigned to the project;
16-25 (d) An
estimate of the total cost of the project; and
16-26 (e) An
estimate of the amount of money the state or the local
16-27 government expects to save by rejecting the bids and
performing
16-28 the project itself.
16-29 7. This section does not apply to:
16-30 (a) Any
utility subject to the provisions of chapter 318 or 710
16-31 of NRS;
16-32 (b) Any work
of construction, reconstruction, improvement
16-33 and maintenance of highways subject to NRS 408.323
or
16-34 408.327;
16-35 (c) Normal
maintenance of the property of a school district; or
16-36 (d) The Las
Vegas Valley water district created pursuant to
16-37 chapter 167, Statutes of Nevada 1947, the Moapa
Valley water
16-38 district created pursuant to chapter 477, Statutes
of Nevada 1983
16-39 or the Virgin Valley water district created pursuant
to chapter
16-40 100, Statutes of Nevada 1993.
16-41 Sec. 19.6. Section 11 of this act is hereby amended to read as
16-42 follows:
16-43 Sec. 11. 1. Except as otherwise
provided in section 8 of
16-44 this act , [and sections 2 to 9, inclusive, of Senate Bill No. 475 of
16-45 this session,] a public body shall award a
contract for a public
16-46 work to the contractor who submits the best bid.
16-47 2. Except as otherwise provided in subsection 8
or limited by
16-48 subsection 9, for the purposes of this section, a
general contractor
16-49 who:
17-1 (a) Has been
determined by the public body to be a qualified
17-2 bidder pursuant to section 5 of this act or is
exempt from meeting
17-3 such requirements pursuant to section 6 of this act;
and
17-4 (b) At the
time he submits his bid, provides to the public body
17-5 a copy of a certificate of eligibility to receive a
preference in
17-6 bidding on public works issued to him by the state
contractors’
17-7 board pursuant to subsection 3,
17-8 shall be deemed to have submitted a better bid than
a competing
17-9 contractor who has not provided a copy of such a
valid certificate
17-10 of eligibility if the amount of his bid is not more
than 5 percent
17-11 higher than the amount bid by the competing
contractor.
17-12 3. The state contractors’ board shall issue a
certificate of
17-13 eligibility to receive a preference in bidding on
public works to a
17-14 general contractor who is licensed pursuant to the
provisions of
17-15 chapter 624 of NRS and submits to the board an
affidavit from a
17-16 certified public accountant setting forth that the
general
17-17 contractor has:
17-18 (a) Paid:
17-19 (1) The
sales and use taxes imposed pursuant to chapters
17-20 372, 374 and 377 of NRS on materials used for construction
in
17-21 this state, including, without limitation,
construction that is
17-22 undertaken or carried out on land within the
boundaries of this
17-23 state that is managed by the Federal Government or
is on an
17-24 Indian reservation or Indian colony, of not less
than $5,000 for
17-25 each consecutive 12-month period for 60 months
immediately
17-26 preceding the submission of the affidavit from the
certified
17-27 public accountant;
17-28 (2) The
motor vehicle privilege tax imposed pursuant to
17-29 chapter 371 of NRS on the vehicles used in the
operation of his
17-30 business in this state of not less than $5,000 for
each consecutive
17-31 12-month period for 60 months immediately preceding
the
17-32 submission of the affidavit from the certified
public accountant;
17-33 or
17-34 (3) Any
combination of such sales and use taxes and motor
17-35 vehicle privilege tax; or
17-36 (b) Acquired,
by inheritance, gift or transfer through a stock
17-37 option plan for employees, all the assets and
liabilities of a
17-38 viable, operating construction firm that possesses
a:
17-39 (1) License
as a general contractor pursuant to the
17-40 provisions of chapter 624 of NRS; and
17-41 (2) Certificate
of eligibility to receive a preference in
17-42 bidding on public works.
17-43 4. For the purposes of complying with the
requirements set
17-44 forth in paragraph (a) of subsection 3, a general
contractor shall
17-45 be deemed to have paid:
17-46 (a) Sales and
use taxes and motor vehicle privilege taxes paid
17-47 in this state by an affiliate or parent company of
the contractor, if
17-48 the affiliate or parent company is also a general
contractor; and
18-1 (b) Sales and
use taxes paid in this state by a joint venture in
18-2 which the contractor is a participant, in proportion
to the amount
18-3 of interest the contractor has in the joint venture.
18-4 5. A general contractor who has received a
certificate of
18-5 eligibility to receive a preference in bidding on
public works
18-6 from the state contractors’ board pursuant to
subsection 3 shall,
18-7 at the time for the annual renewal of his
contractor’s license
18-8 pursuant to NRS 624.283, submit to the board an
affidavit from a
18-9 certified public accountant setting forth that the
contractor has,
18-10 during the immediately preceding 12 months, paid the
taxes
18-11 required pursuant to paragraph (a) of subsection 3
to maintain his
18-12 eligibility to hold such a certificate.
18-13 6. A general contractor who fails to submit an
affidavit to
18-14 the board pursuant to subsection 5 ceases to be
eligible to receive
18-15 a preference in bidding on public works unless he
reapplies for
18-16 and receives a certificate of eligibility pursuant
to subsection 3.
18-17 7. If a general contractor who applies to the
state
18-18 contractors’ board for a certificate of eligibility
to receive a
18-19 preference in bidding on public works submits false
information
18-20 to the board regarding the required payment of
taxes, the
18-21 contractor is not eligible to receive a preference
in bidding on
18-22 public works for a period of 5 years after the date
on which the
18-23 board becomes aware of the submission of the false
information.
18-24 8. If any federal statute or regulation
precludes the granting
18-25 of federal assistance or reduces the amount of that
assistance for
18-26 a particular public work because of the provisions
of subsection
18-27 2, those provisions do not apply insofar as their
application
18-28 would preclude or reduce federal assistance for that
work. The
18-29 provisions of subsection 2 do not apply to any
contract for a
18-30 public work which is expected to cost less than
$250,000.
18-31 9. [Except as otherwise
provided in subsection 2 of section 8
18-32 of Senate Bill No.
475 of this session, if] If a bid is submitted by
18-33 two or more contractors as a joint venture or by one
of them as a
18-34 joint venturer, the provisions of subsection 2 apply
only if both
18-35 or all of the joint venturers separately meet the
requirements of
18-36 that subsection.
18-37 10. The state contractors’ board shall adopt
regulations and
18-38 may assess reasonable fees relating to the
certification of general
18-39 contractors for a preference in bidding on public
works.
18-40 11. The state contractors’ board shall not issue
a certificate
18-41 of eligibility to receive a preference in bidding on
public works
18-42 to a person who is not licensed in this state as a
general
18-43 contractor.
18-44 12. A person
or entity who believes that a contractor
18-45 wrongfully holds a certificate of eligibility to
receive a
18-46 preference in bidding on public works may challenge
the validity
18-47 of the certificate by filing a written objection
with the public
18-48 body to which the contractor has submitted a bid or
proposal on a
19-1 contract for the construction of a public work. A
written
19-2 objection authorized pursuant to this subsection
must:
19-3 (a) Set forth
proof or substantiating evidence to support the
19-4 belief of the person or entity that the contractor
wrongfully holds
19-5 a certificate of eligibility to receive a preference
in bidding on
19-6 public works; and
19-7 (b) Be filed
with the public body at or after the time at which
19-8 the contractor submitted the bid or proposal to the
public body
19-9 and before the time at which the public body awards
the contract
19-10 for which the bid or proposal was submitted.
19-11 13. If a public body receives a written objection
pursuant to
19-12 subsection 12, the public body shall determine
whether the
19-13 objection is accompanied by the proof or
substantiating evidence
19-14 required pursuant to paragraph (a) of that subsection.
If the
19-15 public body determines that the objection is not
accompanied by
19-16 the required proof or substantiating evidence, the
public body
19-17 shall dismiss the objection and may proceed
immediately to
19-18 award the contract. If the public body determines
that the
19-19 objection is accompanied by the required proof or
substantiating
19-20 evidence, the public body shall determine whether
the contractor
19-21 qualifies for the certificate pursuant to the
provisions of this
19-22 section and may proceed to award the contract
accordingly.
19-23 Sec. 8. 1. This section and
sections 1 and 3 to 7, inclusive, of this act
19-24 become effective on October
1, 2001.
19-25 2. The amendatory provisions
of section 1 of this act expire by
19-26 limitation on October 1,
2003.
19-27 3. Section 2 of this act
becomes effective at 12:01 a.m. on October 1,
19-28 2003.
19-29 H