ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 1 and 2, renumbering sec. 3 as sec. 4 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each subcontractor whose name is required to be included in a bid pursuant to NRS 338.141 must, to be eligible to provide labor or a portion of the work or improvement to a contractor to whom the State Public Works Board awards a contract pursuant to this chapter, be qualified in accordance with criteria established by regulation by the State Public Works Board. The criteria established by the State Public Works Board pursuant to this subsection must be made applicable to a subcontractor but must otherwise be substantively identical to the criteria set forth in paragraph (b) of subsection 3 of NRS 338.1375.
2. A subcontractor shall be presumed to be qualified pursuant to subsection 1 unless the State Public Works Board has received verifiable information indicating that the subcontractor:
(a) Has been disciplined or fined by the State Contractors’ Board for a violation of chapter 624 of NRS; or
(b) Does not meet the criteria established by regulation pursuant to this section.
3. Upon receipt of verifiable information of a type described in subsection 2, the State Public Works Board shall conduct an investigation to determine whether the subcontractor meets the criteria established by regulation pursuant to this section. Except as otherwise provided in subsection 4, if the State Public Works Board determines that the subcontractor does not meet such criteria, the State Public Works Board may disqualify the subcontractor, for a period set by the State Public Works Board, from participating in public works projects which are sponsored by the State Public Works Board. The State Public Works Board shall provide written notice to the subcontractor of any such disqualification.
4. A subcontractor may appeal a disqualification pursuant to subsection 3 in the manner set forth in NRS 338.1381.
Sec. 2. NRS 338.1373 is hereby amended to read as follows:
338.1373 1. A local government shall award a contract for the construction, alteration or repair of a public work pursuant to the provisions of:
(a) NRS 338.1377 to 338.139, inclusive; or
(b) NRS 338.143 to 338.148, inclusive.
2. The provisions of NRS 338.1375 to 338.1383, inclusive, and section 1 of this act and 338.139 do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.313 to 408.433, inclusive.
Sec. 3. NRS 338.1375 is hereby amended to read as follows:
338.1375 1. The State Public Works Board shall not accept a bid on a contract for a public work unless the person who submits the bid has qualified pursuant to NRS 338.1379 to bid on that contract.
2. The State Public Works Board shall by regulation adopt criteria for the qualification of bidders on contracts for public works of this state. The criteria adopted by the State Public Works Board pursuant to this section must be used by the State Public Works Board to determine the qualification of bidders on contracts for public works of this state.
3. The criteria adopted by the State Public Works Board pursuant to this section:
(a) Must be adopted in such a form that the determination of whether an applicant is qualified to bid on a contract for a public work does not require or allow the exercise of discretion by any one person.
(b) May include only:
(1) The financial ability of the applicant to perform a contract;
(2) The principal personnel of the applicant;
(3) Whether the applicant has breached any contracts with a public agency or person in this state or any other state;
(4) Whether the applicant has been disqualified from being awarded a contract pursuant to NRS 338.017 or 338.1387; [and]
(5) The performance history of the applicant concerning other recent, similar contracts, if any, completed by the applicant [.]; and
(6) The truthfulness and completeness of the application.”.
Amend sec. 3, page 3, line 26, by deleting:
“his application, the applicant” and inserting:
“[his application,] an application pursuant to NRS 338.1379 or disqualifying a subcontractor pursuant to section 1 of this act, the applicant or subcontractor, as applicable,”.
Amend sec. 3, page 3, line 35, after “applicant” by inserting “or subcontractor”.
Amend sec. 3, page 3, line 37, after “applicant” by inserting “or subcontractor”.
Amend sec. 3, page 3, line 38, by deleting “applicant.” and inserting:
“applicant [.] or subcontractor.”.
Amend sec. 3, page 3, line 39, after “applicant” by inserting “or subcontractor”.
Amend sec. 3, page 3, by deleting line 41 and inserting:
“bid on a contract for a public work, or that the subcontractor is qualified to be a subcontractor on a contract for a”.
Amend the bill as a whole by deleting sections 4 through 6 and renumbering sections 7 through 11 as sections 5 through 9.
Amend sec. 7, page 9, by deleting lines 14 through 16 and inserting:
“(a) The name of each subcontractor who will provide labor or a portion of the work or”.
Amend sec. 7, page 9, line 26, by deleting “time, his” and inserting:
“time [, his]or if the list includes the name of a subcontractor who has been disqualified by the State Public Works Board pursuant to section 1 of this act, the contractor’s”.
Amend sec. 11, page 14, by deleting lines 11 through 15 and inserting:
“Sec. 9. This act becomes effective upon passage and approval.”.