Senate Bill No. 19–Committee on Government Affairs
(On
Behalf of Legislative Committee to Study
Competition Between Local Governments
and Private Enterprises)
Prefiled January 24, 2003
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes relating to advertising and awarding contracts for certain smaller public works projects. (BDR 28‑409)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: 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; providing for an expedited process by which the State or a local government solicits bids and awards contracts for certain smaller public works projects to properly licensed contractors or completes such projects itself; providing that such an expedited process does not relieve the State or a local government from certain duties; 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
1-2 thereto the provisions set forth as sections 2 to 7, inclusive, of this
1-3 act.
1-4 Sec. 2. If the estimated cost of a public work is $100,000 or
1-5 less, this state or a local government shall:
1-6 1. Award a contract for the completion of the project to a
1-7 properly licensed contractor in accordance with section 3 of this
1-8 act; or
2-1 2. Perform the project itself in accordance with section 4 of
2-2 this act.
2-3 Sec. 3. 1. Before this state or a local government awards a
2-4 contract for the completion of a public works project in
2-5 accordance with subsection 1 of section 2 of this act, the State or
2-6 the local government must:
2-7 (a) If the estimated cost of the public work is more than
2-8 $25,000 but not more than $100,000, solicit bids from at least
2-9 three properly licensed contractors; and
2-10 (b) If the estimated cost of the public work is $25,000 or less,
2-11 solicit a bid from at least one properly licensed contractor.
2-12 2. Any bids received in response to a solicitation for bids
2-13 made pursuant to this section may be rejected if the State or the
2-14 local government determines that:
2-15 (a) The quality of the services, materials, equipment or labor
2-16 offered does not conform to the approved plan or specifications;
2-17 (b) The bidder is not responsive or responsible; or
2-18 (c) The public interest would be served by such a rejection.
2-19 3. At least once each quarter, the State and each local
2-20 government shall prepare a report detailing, for each public works
2-21 project over $25,000 for which a contract for its completion is
2-22 awarded pursuant to paragraph (a) of subsection 1, if any:
2-23 (a) The name of the contractor to whom the contract was
2-24 awarded;
2-25 (b) The amount of the contract awarded;
2-26 (c) A brief description of the project; and
2-27 (d) The names of all contractors from whom bids were
2-28 solicited.
2-29 4. A report prepared pursuant to subsection 3 is a public
2-30 record and must be maintained on file at the administrative offices
2-31 of the applicable public body.
2-32 5. The provisions of this section do not relieve this state from
2-33 the duty to award the contract for the public work to a bidder who
2-34 is:
2-35 (a) Qualified pursuant to the applicable provisions of NRS
2-36 338.1375 to 338.1383, inclusive; and
2-37 (b) The lowest responsive and responsible bidder, if bids are
2-38 required to be solicited from more than one properly licensed
2-39 contractor pursuant to subsection 1.
2-40 Sec. 4. 1. If the State or a local government proposes to
2-41 perform a public works project itself in accordance with
2-42 subsection 2 of section 2 of this act, the public officer responsible
2-43 for the management of the public works projects of the State or the
2-44 local government, as applicable, must, if the estimated cost of the
2-45 public work is more than $25,000 but not more than $100,000 and
3-1 before work on the project is commenced, prepare a signed
3-2 attestation regarding the decision of the State or the local
3-3 government to perform the project itself.
3-4 2. An attestation prepared pursuant to subsection 1:
3-5 (a) Must set forth:
3-6 (1) The estimated cost of the project;
3-7 (2) A general statement as to why the State or the local
3-8 government has decided to perform the project itself; and
3-9 (3) A general statement that the project will adhere to the
3-10 same quality and standards as would be required of a properly
3-11 licensed contractor if the project had been awarded to a properly
3-12 licensed contractor;
3-13 (b) Is a public record and must be maintained on file at the
3-14 administrative offices of the applicable public body.
3-15 Sec. 5. If the estimated cost of a public work is $100,000 or
3-16 less, a local government shall:
3-17 1. Award a contract for the completion of the project to a
3-18 properly licensed contractor in accordance with section 6 of this
3-19 act; or
3-20 2. Perform the project itself in accordance with section 7 of
3-21 this act.
3-22 Sec. 6. 1. Before a local government awards a contract for
3-23 the completion of a public works project in accordance with
3-24 subsection 1 of section 5 of this act, the local government must:
3-25 (a) If the estimated cost of the public work is more than
3-26 $25,000 but not more than $100,000, solicit bids from at least
3-27 three properly licensed contractors; and
3-28 (b) If the estimated cost of the public work is $25,000 or less,
3-29 solicit a bid from at least one properly licensed contractor.
3-30 2. Any bids received in response to a solicitation for bids
3-31 made pursuant to this section may be rejected if the local
3-32 government determines that:
3-33 (a) The quality of the services, materials, equipment or labor
3-34 offered does not conform to the approved plan or specifications;
3-35 (b) The bidder is not responsive or responsible; or
3-36 (c) The public interest would be served by such a rejection.
3-37 3. At least once each quarter, a local government shall
3-38 prepare a report detailing, for each public works project over
3-39 $25,000 for which a contract for its completion is awarded
3-40 pursuant to paragraph (a) of subsection 1, if any:
3-41 (a) The name of the contractor to whom the contract was
3-42 awarded;
3-43 (b) The amount of the contract awarded;
3-44 (c) A brief description of the project; and
4-1 (d) The names of all contractors from whom bids were
4-2 solicited.
4-3 4. A report prepared pursuant to subsection 3 is a public
4-4 record and must be maintained on file at the administrative offices
4-5 of the applicable public body.
4-6 5. The provisions of this section do not relieve a local
4-7 government from the duty to award the contract for the public
4-8 work to a bidder who is the lowest responsive and responsible
4-9 bidder, if bids are required to be solicited from more than one
4-10 properly licensed contractor pursuant to subsection 1 of this
4-11 section.
4-12 Sec. 7. 1. If a local government proposes to perform a
4-13 public works project itself in accordance with subsection 2 of
4-14 section 5 of this act, the public officer responsible for the
4-15 management of the public works projects of the local government
4-16 must, if the estimated cost of the public work is more than $25,000
4-17 but not more than $100,000 and before work on the project is
4-18 commenced, prepare a signed attestation regarding the decision of
4-19 the local government to perform the project itself.
4-20 2. An attestation prepared pursuant to subsection 1:
4-21 (a) Must set forth:
4-22 (1) The estimated cost of the project;
4-23 (2) A general statement as to why the local government has
4-24 decided to perform the project itself; and
4-25 (3) A general statement that the project will adhere to the
4-26 same quality and standards as would be required of a properly
4-27 licensed contractor if the project had been awarded to a properly
4-28 licensed contractor;
4-29 (b) Is a public record and must be maintained on file at the
4-30 administrative offices of the local government.
4-31 Sec. 8. NRS 338.010 is hereby amended to read as follows:
4-32 338.010 As used in this chapter:
4-33 1. “Day labor” means all cases where public bodies, their
4-34 officers, agents or employees, hire, supervise and pay the wages
4-35 thereof directly to a workman or workmen employed by them on
4-36 public works by the day and not under a contract in writing.
4-37 2. “Design-build contract” means a contract between a public
4-38 body and a design-build team in which the design-build team agrees
4-39 to design and construct a public work.
4-40 3. “Design-build team” means an entity that consists of:
4-41 (a) At least one person who is licensed as a general engineering
4-42 contractor or a general building contractor pursuant to chapter 624
4-43 of NRS; and
4-44 (b) For a public work that consists of:
5-1 (1) A building and its site, at least one person who holds a
5-2 certificate of registration to practice architecture pursuant to chapter
5-3 623 of NRS.
5-4 (2) Anything other than a building and its site, at least one
5-5 person who holds a certificate of registration to practice architecture
5-6 pursuant to chapter 623 of NRS or is licensed as a professional
5-7 engineer pursuant to chapter 625 of NRS.
5-8 4. “Design professional” means:
5-9 (a) A person who is licensed as a professional engineer pursuant
5-10 to chapter 625 of NRS;
5-11 (b) A person who is licensed as a professional land surveyor
5-12 pursuant to chapter 625 of NRS;
5-13 (c) A person who holds a certificate of registration to engage in
5-14 the practice of architecture pursuant to chapter 623 of NRS;
5-15 (d) A person who holds a certificate of registration to engage in
5-16 the practice of landscape architecture pursuant to chapter 623A of
5-17 NRS; or
5-18 (e) A business entity that engages in the practice of professional
5-19 engineering, land surveying, architecture or landscape architecture.
5-20 5. “Eligible bidder” means a person who is:
5-21 (a) Found to be a responsible and responsive contractor by a
5-22 local government which requests bids for a public work in
5-23 accordance with paragraph (b) of subsection 1 of NRS 338.1373; or
5-24 (b) Determined by a public body which awarded a contract for a
5-25 public work pursuant to NRS 338.1375 to 338.139, inclusive, and
5-26 sections 2, 3 and 4 of this act, to be qualified to bid on that contract
5-27 pursuant to NRS 338.1379 or was exempt from meeting such
5-28 qualifications pursuant to NRS 338.1383.
5-29 6. “General contractor” means a person who is licensed to
5-30 conduct business in one, or both, of the following branches of the
5-31 contracting business:
5-32 (a) General engineering contracting, as described in subsection 2
5-33 of NRS 624.215.
5-34 (b) General building contracting, as described in subsection 3 of
5-35 NRS 624.215.
5-36 7. “Local government” means every political subdivision or
5-37 other entity which has the right to levy or receive money from ad
5-38 valorem or other taxes or any mandatory assessments, and includes,
5-39 without limitation, counties, cities, towns, boards, school districts
5-40 and other districts organized pursuant to chapters 244A, 309, 318,
5-41 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750,
5-42 inclusive, and any agency or department of a county or city which
5-43 prepares a budget separate from that of the parent political
5-44 subdivision. The term includes a person who has been designated
5-45 by a local government to serve as the authorized representative of
6-1 the local government in developing and awarding contracts for
6-2 public works projects on behalf of the local government.
6-3 8. “Offense” means failing to:
6-4 (a) Pay the prevailing wage required pursuant to this chapter;
6-5 (b) Pay the contributions for unemployment compensation
6-6 required pursuant to chapter 612 of NRS;
6-7 (c) Provide and secure compensation for employees required
6-8 pursuant to chapters 616A to 617, inclusive, of NRS; or
6-9 (d) Comply with subsection 4 or 5 of NRS 338.070.
6-10 9. “Prime contractor” means a person who:
6-11 (a) Contracts to construct an entire project;
6-12 (b) Coordinates all work performed on the entire project;
6-13 (c) Uses his own workforce to perform all or a part of the
6-14 construction, repair or reconstruction of the project; and
6-15 (d) Contracts for the services of any subcontractor or
6-16 independent contractor or is responsible for payment to any
6-17 contracted subcontractors or independent contractors.
6-18 The term includes, without limitation, a general contractor or a
6-19 specialty contractor who is authorized to bid on a project pursuant to
6-20 NRS 338.139 or 338.148.
6-21 10. “Public body” means the State, county, city, town, school
6-22 district or any public agency of this state or its political subdivisions
6-23 sponsoring or financing a public work.
6-24 11. “Public work” means any project for the new construction,
6-25 repair or reconstruction of:
6-26 (a) A project financed in whole or in part from public money
6-27 for:
6-28 (1) Public buildings;
6-29 (2) Jails and prisons;
6-30 (3) Public roads;
6-31 (4) Public highways;
6-32 (5) Public streets and alleys;
6-33 (6) Public utilities which are financed in whole or in part by
6-34 public money;
6-35 (7) Publicly owned water mains and sewers;
6-36 (8) Public parks and playgrounds;
6-37 (9) Public convention facilities which are financed at least in
6-38 part with public [funds;] money; and
6-39 (10) All other publicly owned works and property . [whose
6-40 cost as a whole exceeds $20,000. Each separate unit that is a part of
6-41 a project is included in the cost of the project to determine whether a
6-42 project meets that threshold.]
6-43 (b) A building for the University and Community College
6-44 System of Nevada of which 25 percent or more of the costs of the
7-1 building as a whole are paid from money appropriated by this state
7-2 or from federal money.
7-3 12. “Specialty contractor” means a person who is licensed to
7-4 conduct business as described in subsection 4 of NRS 624.215.
7-5 13. “Stand-alone underground utility project” means an
7-6 underground utility project that is not integrated into a larger
7-7 project, including, without limitation:
7-8 (a) An underground sewer line or an underground pipeline for
7-9 the conveyance of water, including facilities appurtenant thereto;
7-10 and
7-11 (b) A project for the construction or installation of a storm drain,
7-12 including facilities appurtenant thereto,
7-13 that is not located at the site of a public work for the design and
7-14 construction of which a public body is authorized to contract with a
7-15 design-build team pursuant to subsection 2 of NRS 338.1711.
7-16 14. “Wages” means:
7-17 (a) The basic hourly rate of pay; and
7-18 (b) The amount of pension, health and welfare, vacation and
7-19 holiday pay, the cost of apprenticeship training or other similar
7-20 programs or other bona fide fringe benefits which are a benefit to
7-21 the workman.
7-22 15. “Workman” means a skilled mechanic, skilled workman,
7-23 semiskilled mechanic, semiskilled workman or unskilled workman.
7-24 The term does not include a design professional.
7-25 Sec. 9. NRS 338.1373 is hereby amended to read as follows:
7-26 338.1373 1. A local government shall award a contract for the
7-27 construction, alteration or repair of a public work pursuant to the
7-28 provisions of:
7-29 (a) NRS 338.1377 to 338.139, inclusive [;] , and sections 2, 3
7-30 and 4 of this act; or
7-31 (b) NRS 338.143 to 338.148, inclusive [.] , and sections 5, 6
7-32 and 7 of this act.
7-33 2. The provisions of NRS 338.1375 to 338.1383, inclusive, and
7-34 338.139 and sections 2 to 7, inclusive, of this act do not apply with
7-35 respect to contracts for the construction, reconstruction,
7-36 improvement and maintenance of highways that are awarded by the
7-37 Department of Transportation pursuant to NRS 408.313 to 408.433,
7-38 inclusive.
7-39 Sec. 10. NRS 338.1385 is hereby amended to read as follows:
7-40 338.1385 1. Except as otherwise provided in subsection [7] 6
7-41 and NRS 338.1906 and 338.1907, this state, or a local government
7-42 that awards a contract for the construction, alteration or repair of a
7-43 public work in accordance with paragraph (a) of subsection 1 of
7-44 NRS 338.1373, or a public officer, public employee or other person
7-45 responsible for awarding a contract for the construction, alteration
8-1 or repair of a public work who represents the State or the local
8-2 government, shall not:
8-3 (a) Commence such a project for which the estimated cost
8-4 exceeds $100,000 unless it advertises in a newspaper of general
8-5 circulation in this state for bids for the project; [or]
8-6 (b) Commence such a project for which the estimated cost is
8-7 $100,000 or less unless it complies with the provisions of sections
8-8 2, 3 and 4 of this act; or
8-9 (c) Divide such a project into separate portions to avoid the
8-10 requirements of paragraph (a) [.
8-11 2. Except as otherwise provided in subsection 7, a public body
8-12 that maintains a list of properly licensed contractors who are
8-13 interested in receiving offers to bid on public works projects for
8-14 which the estimated cost is more than $25,000 but less than
8-15 $100,000 shall solicit bids from not more than three of the
8-16 contractors on the list for a contract of that value for the
8-17 construction, alteration or repair of a public work. The public body
8-18 shall select contractors from the list in such a manner as to afford
8-19 each contractor an equal opportunity to bid on a public works
8-20 project. A properly licensed contractor must submit a written
8-21 request annually to the public body to remain on the list. Offers for
8-22 bids which are made pursuant to this subsection must be sent by
8-23 certified mail.
8-24 3.] or (b).
8-25 2. Each advertisement for bids must include a provision that
8-26 sets forth:
8-27 (a) The requirement that a contractor must be qualified pursuant
8-28 to NRS 338.1379 to bid on the contract or must be exempt from
8-29 meeting such qualifications pursuant to NRS 338.1383; and
8-30 (b) The period during which an application to qualify as a bidder
8-31 on the contract must be submitted.
8-32 [4.] 3. Approved plans and specifications for the bids must be
8-33 on file at a place and time stated in the advertisement for the
8-34 inspection of all persons desiring to bid thereon and for other
8-35 interested persons. Contracts for the project must be awarded on the
8-36 basis of bids received.
8-37 [5.] 4. Any bids received in response to an advertisement for
8-38 bids may be rejected if the person responsible for awarding the
8-39 contract determines that:
8-40 (a) The bidder is not a qualified bidder pursuant to NRS
8-41 338.1379, unless the bidder is exempt from meeting such
8-42 qualifications pursuant to NRS 338.1383;
8-43 (b) The bidder is not responsive[;] or responsible;
8-44 (c) The quality of the services, materials, equipment or labor
8-45 offered does not conform to the approved plan or specifications; or
9-1 (d) The public interest would be served by such a rejection.
9-2 [6.] 5. Before the State or a local government may commence a
9-3 project subject to the provisions of this section, based upon a
9-4 determination that the public interest would be served by rejecting
9-5 any bids received in response to an advertisement for bids, it shall
9-6 prepare and make available for public inspection a written statement
9-7 containing:
9-8 (a) A list of all persons, including supervisors, whom the State
9-9 or the local government intends to assign to the project, together
9-10 with their classifications and an estimate of the direct and indirect
9-11 costs of their labor;
9-12 (b) A list of all equipment that the State or the local government
9-13 intends to use on the project, together with an estimate of the
9-14 number of hours each item of equipment will be used and the hourly
9-15 cost to use each item of equipment;
9-16 (c) An estimate of the cost of administrative support for the
9-17 persons assigned to the project;
9-18 (d) An estimate of the total cost of the project; and
9-19 (e) An estimate of the amount of money the State or the local
9-20 government expects to save by rejecting the bids and performing the
9-21 project itself.
9-22 [7.] 6. This section does not apply to:
9-23 (a) Any utility subject to the provisions of chapter 318 or 710 of
9-24 NRS;
9-25 (b) Any work of construction, reconstruction, improvement and
9-26 maintenance of highways subject to NRS 408.323 or 408.327;
9-27 (c) Normal maintenance of the property of a school district;
9-28 (d) The Las Vegas Valley Water District created pursuant to
9-29 chapter 167, Statutes of Nevada 1947, the Moapa Valley Water
9-30 District created pursuant to chapter 477, Statutes of Nevada 1983 or
9-31 the Virgin Valley Water District created pursuant to chapter 100,
9-32 Statutes of Nevada 1993; or
9-33 (e) The design and construction of a public work for which a
9-34 public body contracts with a design-build team pursuant to NRS
9-35 338.1711 to 338.1727.
9-36 Sec. 11. NRS 338.1385 is hereby amended to read as follows:
9-37 338.1385 1. Except as otherwise provided in subsection [8,]
9-38 7, this state, or a local government that awards a contract for the
9-39 construction, alteration or repair of a public work in accordance with
9-40 paragraph (a) of subsection 1 of NRS 338.1373, or a public officer,
9-41 public employee or other person responsible for awarding a contract
9-42 for the construction, alteration or repair of a public work who
9-43 represents the State or the local government, shall not:
10-1 (a) Commence such a project for which the estimated cost
10-2 exceeds $100,000 unless it advertises in a newspaper of general
10-3 circulation in this state for bids for the project; [or]
10-4 (b) Commence such a project for which the estimated cost is
10-5 $100,000 or less unless it complies with the provisions of sections
10-6 2, 3 and 4 of this act; or
10-7 (c) Divide such a project into separate portions to avoid the
10-8 requirements of paragraph (a)[.
10-9 2. Except as otherwise provided in subsection 8, a public body
10-10 that maintains a list of properly licensed contractors who are
10-11 interested in receiving offers to bid on public works projects for
10-12 which the estimated cost is more than $25,000 but less than
10-13 $100,000 shall solicit bids from not more than three of the
10-14 contractors on the list for a contract of that value for the
10-15 construction, alteration or repair of a public work. The public body
10-16 shall select contractors from the list in such a manner as to afford
10-17 each contractor an equal opportunity to bid on a public works
10-18 project. A properly licensed contractor must submit a written
10-19 request annually to the public body to remain on the list. Offers for
10-20 bids which are made pursuant to this subsection must be sent by
10-21 certified mail.
10-22 3.] or (b).
10-23 2. Each advertisement for bids must include a provision that
10-24 sets forth:
10-25 (a) The requirement that a contractor must be qualified pursuant
10-26 to NRS 338.1379 to bid on the contract or must be exempt from
10-27 meeting such qualifications pursuant to NRS 338.1383; and
10-28 (b) The period during which an application to qualify as a bidder
10-29 on the contract must be submitted.
10-30 [4.] 3. Approved plans and specifications for the bids must be
10-31 on file at a place and time stated in the advertisement for the
10-32 inspection of all persons desiring to bid thereon and for other
10-33 interested persons. Contracts for the project must be awarded on the
10-34 basis of bids received.
10-35 [5.] 4. Any bids received in response to an advertisement for
10-36 bids may be rejected if the person responsible for awarding the
10-37 contract determines that:
10-38 (a) The bidder is not a qualified bidder pursuant to NRS
10-39 338.1379, unless the bidder is exempt from meeting such
10-40 qualifications pursuant to NRS 338.1383;
10-41 (b) The bidder is not responsive[;] or responsible;
10-42 (c) The quality of the services, materials, equipment or labor
10-43 offered does not conform to the approved plan or specifications; or
10-44 (d) The public interest would be served by such a rejection.
11-1 [6.] 5. Before the State or a local government may commence a
11-2 project subject to the provisions of this section, based upon a
11-3 determination that the public interest would be served by rejecting
11-4 any bids received in response to an advertisement for bids, it shall
11-5 prepare and make available for public inspection a written statement
11-6 containing:
11-7 (a) A list of all persons, including supervisors, whom the State
11-8 or the local government intends to assign to the project, together
11-9 with their classifications and an estimate of the direct and indirect
11-10 costs of their labor;
11-11 (b) A list of all equipment that the State or the local government
11-12 intends to use on the project, together with an estimate of the
11-13 number of hours each item of equipment will be used and the hourly
11-14 cost to use each item of equipment;
11-15 (c) An estimate of the cost of administrative support for the
11-16 persons assigned to the project;
11-17 (d) An estimate of the total cost of the project; and
11-18 (e) An estimate of the amount of money the State or the local
11-19 government expects to save by rejecting the bids and performing the
11-20 project itself.
11-21 [7.] 6. In preparing the estimated cost of a project pursuant to
11-22 subsection [6,] 5, the State or a local government must include the
11-23 fair market value of, or, if known, the actual cost of, all materials,
11-24 supplies, labor and equipment to be used for the project.
11-25 [8.] 7. This section does not apply to:
11-26 (a) Any utility subject to the provisions of chapter 318 or 710 of
11-27 NRS;
11-28 (b) Any work of construction, reconstruction, improvement and
11-29 maintenance of highways subject to NRS 408.323 or 408.327;
11-30 (c) Normal maintenance of the property of a school district; [or]
11-31 (d) The Las Vegas Valley Water District created pursuant to
11-32 chapter 167, Statutes of Nevada 1947, the Moapa Valley Water
11-33 District created pursuant to chapter 477, Statutes of Nevada 1983 or
11-34 the Virgin Valley Water District created pursuant to chapter 100,
11-35 Statutes of Nevada 1993; or
11-36 (e) The design and construction of a public work for which a
11-37 public body contracts with a design-build team pursuant to NRS
11-38 338.1711 to 338.1727, inclusive.
11-39 Sec. 12. NRS 338.1389 is hereby amended to read as follows:
11-40 338.1389 1. Except as otherwise provided in sections 2 and 4
11-41 of this act, NRS 338.1385 and 338.1711 to 338.1727, inclusive, a
11-42 public body shall award a contract for a public work to the
11-43 contractor who submits the best bid.
11-44 2. Except as otherwise provided in subsection 10 or limited by
11-45 subsection 11, for the purposes of this section, a contractor who:
12-1 (a) Has been determined by the public body to be a qualified
12-2 bidder pursuant to NRS 338.1379 or is exempt from meeting such
12-3 requirements pursuant to NRS 338.1373 or 338.1383; and
12-4 (b) At the time he submits his bid, provides to the public body a
12-5 copy of a certificate of eligibility to receive a preference in bidding
12-6 on public works issued to him by the State Contractors’ Board
12-7 pursuant to subsection 3 or 4,
12-8 shall be deemed to have submitted a better bid than a competing
12-9 contractor who has not provided a copy of such a valid certificate of
12-10 eligibility if the amount of his bid is not more than 5 percent higher
12-11 than the amount bid by the competing contractor.
12-12 3. The State Contractors’ Board shall issue a certificate of
12-13 eligibility to receive a preference in bidding on public works to a
12-14 general contractor who is licensed pursuant to the provisions of
12-15 chapter 624 of NRS and submits to the Board an affidavit from a
12-16 certified public accountant setting forth that the general contractor
12-17 has, while licensed as a general contractor in this state:
12-18 (a) Paid directly, on his own behalf:
12-19 (1) The sales and use taxes imposed pursuant to chapters
12-20 372, 374 and 377 of NRS on materials used for construction in this
12-21 state, including, without limitation, construction that is undertaken
12-22 or carried out on land within the boundaries of this state that is
12-23 managed by the Federal Government or is on an Indian reservation
12-24 or Indian colony, of not less than $5,000 for each consecutive
12-25 12-month period for 60 months immediately preceding the
12-26 submission of the affidavit from the certified public accountant;
12-27 (2) The governmental services tax imposed pursuant to
12-28 chapter 371 of NRS on the vehicles used in the operation of his
12-29 business in this state of not less than $5,000 for each consecutive
12-30 12-month period for 60 months immediately preceding the
12-31 submission of the affidavit from the certified public accountant; or
12-32 (3) Any combination of such sales and use taxes and
12-33 governmental services tax; or
12-34 (b) Acquired, by purchase, inheritance, gift or transfer through a
12-35 stock option plan, all the assets and liabilities of a viable, operating
12-36 construction firm that possesses a:
12-37 (1) License as a general contractor pursuant to the provisions
12-38 of chapter 624 of NRS; and
12-39 (2) Certificate of eligibility to receive a preference in bidding
12-40 on public works.
12-41 4. The State Contractors’ Board shall issue a certificate of
12-42 eligibility to receive a preference in bidding on public works to a
12-43 specialty contractor who is licensed pursuant to the provisions of
12-44 chapter 624 of NRS and submits to the Board an affidavit from a
13-1 certified public accountant setting forth that the specialty contractor
13-2 has, while licensed as a specialty contractor in this state:
13-3 (a) Paid directly, on his own behalf:
13-4 (1) The sales and use taxes pursuant to chapters 372, 374 and
13-5 377 of NRS on materials used for construction in this state,
13-6 including, without limitation, construction that is undertaken or
13-7 carried out on land within the boundaries of this state that is
13-8 managed by the Federal Government or is on an Indian reservation
13-9 or Indian colony, of not less than $5,000 for each consecutive
13-10 12-month period for 60 months immediately preceding the
13-11 submission of the affidavit from the certified public accountant;
13-12 (2) The governmental services tax imposed pursuant to
13-13 chapter 371 of NRS on the vehicles used in the operation of his
13-14 business in this state of not less than $5,000 for each consecutive
13-15 12-month period for 60 months immediately preceding the
13-16 submission of the affidavit from the certified public accountant; or
13-17 (3) Any combination of such sales and use taxes and
13-18 governmental services tax; or
13-19 (b) Acquired, by purchase, inheritance, gift or transfer through a
13-20 stock option plan, all the assets and liabilities of a viable, operating
13-21 construction firm that possesses a:
13-22 (1) License as a specialty contractor pursuant to the
13-23 provisions of chapter 624 of NRS; and
13-24 (2) Certificate of eligibility to receive a preference in bidding
13-25 on public works.
13-26 5. For the purposes of complying with the requirements set
13-27 forth in paragraph (a) of subsection 3 and paragraph (a) of
13-28 subsection 4, a contractor shall be deemed to have paid:
13-29 (a) Sales and use taxes and governmental services taxes that
13-30 were paid in this state by an affiliate or parent company of the
13-31 contractor, if the affiliate or parent company is also a general
13-32 contractor or specialty contractor, as applicable; and
13-33 (b) Sales and use taxes that were paid in this state by a joint
13-34 venture in which the contractor is a participant, in proportion to the
13-35 amount of interest the contractor has in the joint venture.
13-36 6. A contractor who has received a certificate of eligibility to
13-37 receive a preference in bidding on public works from the State
13-38 Contractors’ Board pursuant to subsection 3 or 4 shall, at the time
13-39 for the annual renewal of his contractor’s license pursuant to NRS
13-40 624.283, submit to the Board an affidavit from a certified public
13-41 accountant setting forth that the contractor has, during the
13-42 immediately preceding 12 months, paid the taxes required pursuant
13-43 to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as
13-44 applicable, to maintain his eligibility to hold such a certificate.
14-1 7. A contractor who fails to submit an affidavit to the Board
14-2 pursuant to subsection 6 ceases to be eligible to receive a preference
14-3 in bidding on public works unless he reapplies for and receives a
14-4 certificate of eligibility pursuant to subsection 3 or 4, as applicable.
14-5 8. If a contractor holds more than one contractor’s license, he
14-6 must submit a separate application for each license pursuant to
14-7 which he wishes to qualify for a preference in bidding. Upon
14-8 issuance, the certificate of eligibility to receive a preference in
14-9 bidding on public works becomes part of the contractor’s license for
14-10 which the contractor submitted the application.
14-11 9. If a contractor who applies to the State Contractors’ Board
14-12 for a certificate of eligibility to receive a preference in bidding on
14-13 public works submits false information to the Board regarding the
14-14 required payment of taxes, the contractor is not eligible to receive a
14-15 preference in bidding on public works for a period of 5 years after
14-16 the date on which the Board becomes aware of the submission of the
14-17 false information.
14-18 10. If any federal statute or regulation precludes the granting of
14-19 federal assistance or reduces the amount of that assistance for a
14-20 particular public work because of the provisions of subsection 2,
14-21 those provisions do not apply insofar as their application would
14-22 preclude or reduce federal assistance for that work. The provisions
14-23 of subsection 2 do not apply to any contract for a public work which
14-24 is expected to cost less than $250,000.
14-25 11. If a bid is submitted by two or more contractors as a joint
14-26 venture or by one of them as a joint venturer, the provisions of
14-27 subsection 2 apply only if both or all of the joint venturers
14-28 separately meet the requirements of that subsection.
14-29 12. The State Contractors’ Board shall adopt regulations and
14-30 may assess reasonable fees relating to the certification of contractors
14-31 for a preference in bidding on public works.
14-32 13. A person or entity who believes that a contractor
14-33 wrongfully holds a certificate of eligibility to receive a preference in
14-34 bidding on public works may challenge the validity of the certificate
14-35 by filing a written objection with the public body to which the
14-36 contractor has submitted a bid or proposal on a contract for the
14-37 construction of a public work. A written objection authorized
14-38 pursuant to this subsection must:
14-39 (a) Set forth proof or substantiating evidence to support the
14-40 belief of the person or entity that the contractor wrongfully holds a
14-41 certificate of eligibility to receive a preference in bidding on public
14-42 works; and
14-43 (b) Be filed with the public body at or after the time at which the
14-44 contractor submitted the bid or proposal to the public body and
15-1 before the time at which the public body awards the contract for
15-2 which the bid or proposal was submitted.
15-3 14. If a public body receives a written objection pursuant to
15-4 subsection 13, the public body shall determine whether the objection
15-5 is accompanied by the proof or substantiating evidence required
15-6 pursuant to paragraph (a) of that subsection. If the public body
15-7 determines that the objection is not accompanied by the required
15-8 proof or substantiating evidence, the public body shall dismiss the
15-9 objection and may proceed immediately to award the contract. If
15-10 the public body determines that the objection is accompanied by the
15-11 required proof or substantiating evidence, the public body shall
15-12 determine whether the contractor qualifies for the certificate
15-13 pursuant to the provisions of this section and may proceed to award
15-14 the contract accordingly.
15-15 Sec. 13. NRS 338.143 is hereby amended to read as follows:
15-16 338.143 1. Except as otherwise provided in subsection [6] 5
15-17 and NRS 338.1907, a local government that awards a contract for
15-18 the construction, alteration or repair of a public work in accordance
15-19 with paragraph (b) of subsection 1 of NRS 338.1373, or a public
15-20 officer, public employee or other person responsible for awarding a
15-21 contract for the construction, alteration or repair of a public work
15-22 who represents that local government, shall not:
15-23 (a) Commence such a project for which the estimated cost
15-24 exceeds $100,000 unless it advertises in a newspaper of general
15-25 circulation in this state for bids for the project; [or]
15-26 (b) Commence such a project for which the estimated cost is
15-27 $100,000 or less unless it complies with the provisions of sections
15-28 5, 6 and 7 of this act; or
15-29 (c) Divide such a project into separate portions to avoid the
15-30 requirements of paragraph (a)[.
15-31 2. Except as otherwise provided in subsection 6, a local
15-32 government that maintains a list of properly licensed contractors
15-33 who are interested in receiving offers to bid on public works
15-34 projects for which the estimated cost is more than $25,000 but less
15-35 than $100,000 shall solicit bids from not more than three of the
15-36 contractors on the list for a contract of that value for the
15-37 construction, alteration or repair of a public work. The local
15-38 government shall select contractors from the list in such a manner as
15-39 to afford each contractor an equal opportunity to bid on a public
15-40 works project. A properly licensed contractor must submit a written
15-41 request annually to the local government to remain on the list.
15-42 Offers for bids which are made pursuant to this subsection must be
15-43 sent by certified mail.
15-44 3.] or (b).
16-1 2. Approved plans and specifications for the bids must be on
16-2 file at a place and time stated in the advertisement for the inspection
16-3 of all persons desiring to bid thereon and for other interested
16-4 persons. Contracts for the project must be awarded on the basis of
16-5 bids received.
16-6 [4.] 3. Any bids received in response to an advertisement for
16-7 bids may be rejected if the person responsible for awarding the
16-8 contract determines that:
16-9 (a) The bidder is not responsive or responsible;
16-10 (b) The quality of the services, materials, equipment or labor
16-11 offered does not conform to the approved plan or specifications; or
16-12 (c) The public interest would be served by such a rejection.
16-13 [5.] 4. Before a local government may commence a project
16-14 subject to the provisions of this section, based upon a determination
16-15 that the public interest would be served by rejecting any bids
16-16 received in response to an advertisement for bids, it shall prepare
16-17 and make available for public inspection a written statement
16-18 containing:
16-19 (a) A list of all persons, including supervisors, whom the local
16-20 government intends to assign to the project, together with their
16-21 classifications and an estimate of the direct and indirect costs of
16-22 their labor;
16-23 (b) A list of all equipment that the local government intends to
16-24 use on the project, together with an estimate of the number of hours
16-25 each item of equipment will be used and the hourly cost to use each
16-26 item of equipment;
16-27 (c) An estimate of the cost of administrative support for the
16-28 persons assigned to the project;
16-29 (d) An estimate of the total cost of the project; and
16-30 (e) An estimate of the amount of money the local government
16-31 expects to save by rejecting the bids and performing the project
16-32 itself.
16-33 [6.] 5. This section does not apply to:
16-34 (a) Any utility subject to the provisions of chapter 318 or 710 of
16-35 NRS;
16-36 (b) Any work of construction, reconstruction, improvement and
16-37 maintenance of highways subject to NRS 408.323 or 408.327;
16-38 (c) Normal maintenance of the property of a school district;
16-39 (d) The Las Vegas Valley Water District created pursuant to
16-40 chapter 167, Statutes of Nevada 1947, the Moapa Valley Water
16-41 District created pursuant to chapter 477, Statutes of Nevada 1983 or
16-42 the Virgin Valley Water District created pursuant to chapter 100,
16-43 Statutes of Nevada 1993; or
17-1 (e) The design and construction of a public work for which a
17-2 public body contracts with a design-build team pursuant to NRS
17-3 338.1711 to 338.1727, inclusive.
17-4 Sec. 14. NRS 338.143 is hereby amended to read as follows:
17-5 338.143 1. Except as otherwise provided in subsection [7,] 6,
17-6 a local government that awards a contract for the construction,
17-7 alteration or repair of a public work in accordance with paragraph
17-8 (b) of subsection 1 of NRS 338.1373, or a public officer, public
17-9 employee or other person responsible for awarding a contract for the
17-10 construction, alteration or repair of a public work who represents
17-11 that local government, shall not:
17-12 (a) Commence such a project for which the estimated cost
17-13 exceeds $100,000 unless it advertises in a newspaper of general
17-14 circulation in this state for bids for the project; [or]
17-15 (b) Commence such a project for which the estimated cost is
17-16 $100,000 or less unless it complies with the provisions of sections
17-17 5, 6 and 7 of this act; or
17-18 (c) Divide such a project into separate portions to avoid the
17-19 requirements of paragraph (a)[.
17-20 2. Except as otherwise provided in subsection 7, a local
17-21 government that maintains a list of properly licensed contractors
17-22 who are interested in receiving offers to bid on public works
17-23 projects for which the estimated cost is more than $25,000 but less
17-24 than $100,000 shall solicit bids from not more than three of the
17-25 contractors on the list for a contract of that value for the
17-26 construction, alteration or repair of a public work. The local
17-27 government shall select contractors from the list in such a manner as
17-28 to afford each contractor an equal opportunity to bid on a public
17-29 works project. A properly licensed contractor must submit a written
17-30 request annually to the local government to remain on the list.
17-31 Offers for bids which are made pursuant to this subsection must be
17-32 sent by certified mail.
17-33 3.] or (b).
17-34 2. Approved plans and specifications for the bids must be on
17-35 file at a place and time stated in the advertisement for the inspection
17-36 of all persons desiring to bid thereon and for other interested
17-37 persons. Contracts for the project must be awarded on the basis of
17-38 bids received.
17-39 [4.] 3. Any bids received in response to an advertisement for
17-40 bids may be rejected if the person responsible for awarding the
17-41 contract determines that:
17-42 (a) The bidder is not responsive or responsible;
17-43 (b) The quality of the services, materials, equipment or labor
17-44 offered does not conform to the approved plan or specifications; or
17-45 (c) The public interest would be served by such a rejection.
18-1 [5.] 4. Before a local government may commence a project
18-2 subject to the provisions of this section, based upon a determination
18-3 that the public interest would be served by rejecting any bids
18-4 received in response to an advertisement for bids, it shall prepare
18-5 and make available for public inspection a written statement
18-6 containing:
18-7 (a) A list of all persons, including supervisors, whom the local
18-8 government intends to assign to the project, together with their
18-9 classifications and an estimate of the direct and indirect costs of
18-10 their labor;
18-11 (b) A list of all equipment that the local government intends to
18-12 use on the project, together with an estimate of the number of hours
18-13 each item of equipment will be used and the hourly cost to use each
18-14 item of equipment;
18-15 (c) An estimate of the cost of administrative support for the
18-16 persons assigned to the project;
18-17 (d) An estimate of the total cost of the project; and
18-18 (e) An estimate of the amount of money the local government
18-19 expects to save by rejecting the bids and performing the project
18-20 itself.
18-21 [6.] 5. In preparing the estimated cost of a project pursuant to
18-22 subsection [5,] 4, a local government must include the fair market
18-23 value of, or, if known, the actual cost of, all materials, supplies,
18-24 labor and equipment to be used for the project.
18-25 [7.] 6. This section does not apply to:
18-26 (a) Any utility subject to the provisions of chapter 318 or 710 of
18-27 NRS;
18-28 (b) Any work of construction, reconstruction, improvement and
18-29 maintenance of highways subject to NRS 408.323 or 408.327;
18-30 (c) Normal maintenance of the property of a school district;
18-31 (d) The Las Vegas Valley Water District created pursuant to
18-32 chapter 167, Statutes of Nevada 1947, the Moapa Valley Water
18-33 District created pursuant to chapter 477, Statutes of Nevada 1983 or
18-34 the Virgin Valley Water District created pursuant to chapter 100,
18-35 Statutes of Nevada 1993; or
18-36 (e) The design and construction of a public work for which a
18-37 public body contracts with a design-build team pursuant to NRS
18-38 338.1711 to 338.1727, inclusive.
18-39 Sec. 15. NRS 338.147 is hereby amended to read as follows:
18-40 338.147 1. Except as otherwise provided in sections 5 and 7
18-41 of this act, NRS 338.143 and 338.1711 to 338.1727, inclusive, a
18-42 local government shall award a contract for a public work to the
18-43 contractor who submits the best bid.
18-44 2. Except as otherwise provided in subsection 10 or limited by
18-45 subsection 11, for the purposes of this section, a contractor who:
19-1 (a) Has been found to be a responsible and responsive contractor
19-2 by the local government; and
19-3 (b) At the time he submits his bid, provides to the local
19-4 government a copy of a certificate of eligibility to receive a
19-5 preference in bidding on public works issued to him by the State
19-6 Contractors’ Board pursuant to subsection 3 or 4,
19-7 shall be deemed to have submitted a better bid than a competing
19-8 contractor who has not provided a copy of such a valid certificate of
19-9 eligibility if the amount of his bid is not more than 5 percent higher
19-10 than the amount bid by the competing contractor.
19-11 3. The State Contractors’ Board shall issue a certificate of
19-12 eligibility to receive a preference in bidding on public works to a
19-13 general contractor who is licensed pursuant to the provisions of
19-14 chapter 624 of NRS and submits to the Board an affidavit from a
19-15 certified public accountant setting forth that the general contractor
19-16 has, while licensed as a general contractor in this state:
19-17 (a) Paid directly, on his own behalf:
19-18 (1) The sales and use taxes imposed pursuant to chapters
19-19 372, 374 and 377 of NRS on materials used for construction in this
19-20 state, including, without limitation, construction that is undertaken
19-21 or carried out on land within the boundaries of this state that is
19-22 managed by the Federal Government or is on an Indian reservation
19-23 or Indian colony, of not less than $5,000 for each consecutive
19-24 12-month period for 60 months immediately preceding the
19-25 submission of the affidavit from the certified public accountant;
19-26 (2) The governmental services tax imposed pursuant to
19-27 chapter 371 of NRS on the vehicles used in the operation of his
19-28 business in this state of not less than $5,000 for each consecutive
19-29 12-month period for 60 months immediately preceding the
19-30 submission of the affidavit from the certified public accountant; or
19-31 (3) Any combination of such sales and use taxes and
19-32 governmental services tax; or
19-33 (b) Acquired, by purchase, inheritance, gift or transfer through a
19-34 stock option plan, all the assets and liabilities of a viable, operating
19-35 construction firm that possesses a:
19-36 (1) License as a general contractor pursuant to the provisions
19-37 of chapter 624 of NRS; and
19-38 (2) Certificate of eligibility to receive a preference in bidding
19-39 on public works.
19-40 4. The State Contractors’ Board shall issue a certificate of
19-41 eligibility to receive a preference in bidding on public works to a
19-42 specialty contractor who is licensed pursuant to the provisions of
19-43 chapter 624 of NRS and submits to the Board an affidavit from a
19-44 certified public accountant setting forth that the specialty contractor
19-45 has, while licensed as a specialty contractor in this state:
20-1 (a) Paid directly, on his own behalf:
20-2 (1) The sales and use taxes pursuant to chapters 372, 374 and
20-3 377 of NRS on materials used for construction in this state,
20-4 including, without limitation, construction that is undertaken or
20-5 carried out on land within the boundaries of this state that is
20-6 managed by the Federal Government or is on an Indian reservation
20-7 or Indian colony, of not less than $5,000 for each consecutive
20-8 12-month period for 60 months immediately preceding the
20-9 submission of the affidavit from the certified public accountant;
20-10 (2) The governmental services tax imposed pursuant to
20-11 chapter 371 of NRS on the vehicles used in the operation of his
20-12 business in this state of not less than $5,000 for each consecutive
20-13 12-month period for 60 months immediately preceding the
20-14 submission of the affidavit from the certified public accountant; or
20-15 (3) Any combination of such sales and use taxes and
20-16 governmental services tax; or
20-17 (b) Acquired, by purchase, inheritance, gift or transfer through a
20-18 stock option plan, all the assets and liabilities of a viable, operating
20-19 construction firm that possesses a:
20-20 (1) License as a specialty contractor pursuant to the
20-21 provisions of chapter 624 of NRS; and
20-22 (2) Certificate of eligibility to receive a preference in bidding
20-23 on public works.
20-24 5. For the purposes of complying with the requirements set
20-25 forth in paragraph (a) of subsection 3 and paragraph (a) of
20-26 subsection 4, a contractor shall be deemed to have paid:
20-27 (a) Sales and use taxes and governmental services taxes paid in
20-28 this state by an affiliate or parent company of the contractor, if the
20-29 affiliate or parent company is also a general contractor or specialty
20-30 contractor, as applicable; and
20-31 (b) Sales and use taxes paid in this state by a joint venture in
20-32 which the contractor is a participant, in proportion to the amount of
20-33 interest the contractor has in the joint venture.
20-34 6. A contractor who has received a certificate of eligibility to
20-35 receive a preference in bidding on public works from the State
20-36 Contractors’ Board pursuant to subsection 3 or 4 shall, at the time
20-37 for the annual renewal of his contractor’s license pursuant to NRS
20-38 624.283, submit to the Board an affidavit from a certified public
20-39 accountant setting forth that the contractor has, during the
20-40 immediately preceding 12 months, paid the taxes required pursuant
20-41 to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as
20-42 applicable, to maintain his eligibility to hold such a certificate.
20-43 7. A contractor who fails to submit an affidavit to the Board
20-44 pursuant to subsection 6 ceases to be eligible to receive a preference
21-1 in bidding on public works unless he reapplies for and receives a
21-2 certificate of eligibility pursuant to subsection 3 or 4, as applicable.
21-3 8. If a contractor holds more than one contractor’s license, he
21-4 must submit a separate application for each license pursuant to
21-5 which he wishes to qualify for a preference in bidding. Upon
21-6 issuance, the certificate of eligibility to receive a preference in
21-7 bidding on public works becomes part of the contractor’s license for
21-8 which the contractor submitted the application.
21-9 9. If a contractor who applies to the State Contractors’ Board
21-10 for a certificate of eligibility to receive a preference in bidding on
21-11 public works submits false information to the Board regarding the
21-12 required payment of taxes, the contractor is not eligible to receive a
21-13 preference in bidding on public works for a period of 5 years after
21-14 the date on which the Board becomes aware of the submission of the
21-15 false information.
21-16 10. If any federal statute or regulation precludes the granting of
21-17 federal assistance or reduces the amount of that assistance for a
21-18 particular public work because of the provisions of subsection 2,
21-19 those provisions do not apply insofar as their application would
21-20 preclude or reduce federal assistance for that work. The provisions
21-21 of subsection 2 do not apply to any contract for a public work which
21-22 is expected to cost less than $250,000.
21-23 11. If a bid is submitted by two or more contractors as a joint
21-24 venture or by one of them as a joint venturer, the provisions of
21-25 subsection 2 apply only if both or all of the joint venturers
21-26 separately meet the requirements of that subsection.
21-27 12. The State Contractors’ Board shall adopt regulations and
21-28 may assess reasonable fees relating to the certification of contractors
21-29 for a preference in bidding on public works.
21-30 13. A person or entity who believes that a contractor
21-31 wrongfully holds a certificate of eligibility to receive a preference in
21-32 bidding on public works may challenge the validity of the certificate
21-33 by filing a written objection with the public body to which the
21-34 contractor has submitted a bid or proposal on a contract for the
21-35 completion of a public work. A written objection authorized
21-36 pursuant to this subsection must:
21-37 (a) Set forth proof or substantiating evidence to support the
21-38 belief of the person or entity that the contractor wrongfully holds a
21-39 certificate of eligibility to receive a preference in bidding on public
21-40 works; and
21-41 (b) Be filed with the public body at or after the time at which the
21-42 contractor submitted the bid or proposal to the public body and
21-43 before the time at which the public body awards the contract for
21-44 which the bid or proposal was submitted.
22-1 14. If a public body receives a written objection pursuant to
22-2 subsection 13, the public body shall determine whether the objection
22-3 is accompanied by the proof or substantiating evidence required
22-4 pursuant to paragraph (a) of that subsection. If the public body
22-5 determines that the objection is not accompanied by the required
22-6 proof or substantiating evidence, the public body shall dismiss the
22-7 objection and may proceed immediately to award the contract. If
22-8 the public body determines that the objection is accompanied by the
22-9 required proof or substantiating evidence, the public body shall
22-10 determine whether the contractor qualifies for the certificate
22-11 pursuant to the provisions of this section and may proceed to award
22-12 the contract accordingly.
22-13 Secs. 16 and 17. (Deleted by amendment.)
22-14 Sec. 18. NRS 341.148 is hereby amended to read as follows:
22-15 341.148 [1. Except as otherwise provided in subsection 2,
22-16 the] The Board shall advertise in a newspaper of general circulation
22-17 in the State of Nevada for separate sealed bids for each construction
22-18 project [.] whose estimated cost is more than $100,000. Approved
22-19 plans and specifications for the construction must be on file at a
22-20 place and time stated in the advertisement for the inspection of all
22-21 persons desiring to bid thereon and for other interested persons. The
22-22 Board may accept bids on either the whole or a part of the
22-23 construction, equipment and furnishings[,] of a construction
22-24 project and may let separate contracts for different and separate
22-25 portions of any project, or a combination contract for structural,
22-26 mechanical and electrical construction if savings will result to the
22-27 lowest responsible and responsive bidder.
22-28 [2. The Board is not required to advertise for sealed bids for
22-29 construction projects if the estimated cost is less than $25,000, but
22-30 the Board may solicit firm written bids from not less than two
22-31 licensed contractors doing business in the area and may award the
22-32 contract to the lowest responsible and responsive bidder or reject all
22-33 bids.]
22-34 Sec. 19. NRS 341.166 is hereby amended to read as follows:
22-35 341.166 1. The Board may, with the approval of the Interim
22-36 Finance Committee when the Legislature is not in regular or special
22-37 session, or with the approval of the Legislature by concurrent
22-38 resolution when the Legislature is in regular or special session, enter
22-39 into a contract for services with a contractor licensed pursuant to
22-40 chapter 624 of NRS to assist the Board:
22-41 (a) In the development of designs, plans, specifications and
22-42 estimates of costs for a proposed construction project.
22-43 (b) In the review of designs, plans, specifications and estimates
22-44 of costs for a proposed construction project to ensure that the
23-1 designs, plans, specifications and estimates of costs are complete
23-2 and that the project is feasible to construct.
23-3 2. The Board is not required to advertise for bids for a contract
23-4 for services pursuant to subsection 1, but may solicit bids from not
23-5 fewer than three licensed contractors and may award the contract to
23-6 the lowest responsible and responsive bidder.
23-7 3. The Board shall adopt regulations establishing procedures
23-8 for:
23-9 (a) The determination of the qualifications of contractors to bid
23-10 for the contracts for services described in subsection 1.
23-11 (b) The bidding and awarding of such contracts.
23-12 4. If a proposed construction project for which a contractor is
23-13 awarded a contract for services by the Board pursuant to subsection
23-14 1 is advertised pursuant to NRS [341.148,] 338.1385, that contractor
23-15 may submit a bid for the contract for the proposed construction
23-16 project if he is qualified pursuant to NRS [338.1377.] 338.1375.
23-17 Secs. 20-26. (Deleted by amendment.)
23-18 Sec. 27. 1. This section and sections 1 to 10, inclusive, 12,
23-19 13 and 15 to 26, inclusive, of this act become effective on
23-20 October 1, 2003.
23-21 2. Sections 10 and 13 of this act expire by limitation on
23-22 April 30, 2013.
23-23 3. Sections 11 and 14 of this act become effective on May 1,
23-24 2013.
23-25 H