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 section 1, page 2, by deleting line 15 and inserting:
“information that:
(a) The State Public Works Board determines to be sufficient and verifiable; and
(b) Indicates the subcontractor:”.
Amend section 1, page 2, line 16, by deleting “(a)” and inserting “(1)”.
Amend section 1, page 2, line 18, by deleting “(b)” and inserting “(2)”.
Amend section 1, page 2, line 19, by deleting “this section.” and inserting “subsection 1.”.
Amend section 1, page 2, by deleting lines 20 through 23 and inserting:
“3. Upon receipt of sufficient and verifiable information of a type described in subsection 2, the State Public Works Board shall require a subcontractor regarding whom such information is received to submit to the State Public Works Board, on a form prescribed by the State Public Works Board, an application for qualification in accordance with the criteria established by regulation pursuant to subsection 1. After receiving such an application, the State Public Works Board shall determine whether the subcontractor is qualified in accordance with the criteria established by regulation pursuant to subsection 1. Except”.
Amend the bill as a whole by renumbering sections 5 through 9 as sections 7 through 11 and adding new sections designated sections 5 and 6, following sec. 4, to read as follows:
“Sec. 5. NRS 338.1387 is hereby amended to read as follows:
338.1387 1. A public body awarding a contract for a public work shall not award the contract to a person who, at the time of the bid, is not properly licensed under the provisions of chapter 624 of NRS or if the contract would exceed the limit of his license. A subcontractor named by the contractor who is not properly licensed for that portion of the work , or who, at the time of the bid, is on disqualified status with the State Public Works Board pursuant to section 1 of this act, shall be deemed unacceptable. If the subcontractor is deemed unacceptable, the contractor shall provide an acceptable subcontractor before the award of the contract.
2. If, after awarding the contract, the public body discovers that the person to whom the contract was awarded is not licensed, or that the contract would exceed his license, the public body shall reject the bid and may accept the next lowest bid for that public work from a responsive bidder who was determined by the public body to be a qualified bidder pursuant to NRS 338.1379 or was exempt from meeting such qualifications pursuant to NRS 338.1373 or 338.1383 without requiring that new bids be submitted.
Sec. 6. NRS 338.139 is hereby amended to read as follows:
338.139 1. A public body may award a contract for the construction, alteration or repair of a public work pursuant to NRS 338.1375 to 338.1389, inclusive, to a specialty contractor if:
(a) The majority of the work to be performed on the project to which the contract pertains consists of specialty contracting for which the specialty contractor is licensed; and
(b) The project to which the contract pertains is not part of a larger public work.
2. If a public body awards a contract to a specialty contractor pursuant to NRS 338.1375 to 338.1389, inclusive, all work to be performed on the project to which the contract pertains that is outside the scope of the license of the specialty contractor must be performed by a subcontractor who [is] :
(a) Is licensed to perform such work [.]; and
(b) At the time of the performance of the work, is not on disqualified status with the State Public Works Board pursuant to section 1 of this act.”.
Amend sec. 5, pages 4 and 5, by deleting lines 42 through 44 on page 4 and lines 1 and 2 on page 5, and inserting:
“pursuant to chapter 624 of NRS. [If] Except as otherwise provided in this paragraph, if a contractor [fails] :
(1) Fails to submit [such a] the list within the required time [, his]; or
(2) Submits a list that includes the name of a subcontractor who, at the time of the submission of the list, is on disqualified status with the State Public Works Board pursuant to section 1 of this act,
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the contractor’s bid
shall be deemed not responsive. A
contractor’s bid shall not be deemed not responsive on the grounds that the
contractor submitted a list that includes the name of a subcontractor who, at
the time of the submission of the list, is on disqualified status with the
State Public Works Board pursuant to section 1 of this act if the contractor,
before the award of the contract, provides an acceptable replacement
subcontractor in the manner set forth in subsection 1 of NRS 338.1387.”.
Amend sec. 6, page 6, by deleting lines 6 through 8 and inserting:
“6. If the project is for the design and construction of a public work of the State, ensure that the prime contractor is qualified to bid on a public work of the State pursuant to NRS 338.1379.”.
Amend sec. 7, page 6, by deleting lines 31 through 34 and inserting:
“(f) If the proposal is for a public work of the State, a statement setting forth that the prime contractor must be qualified to bid on a public work of the State pursuant to NRS 338.1379 before submitting a preliminary proposal.”.