reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.125 - Fair employment practices: Contents of contracts concerning public works; violation constitutes material breach of contract.

1. It is unlawful for any contractor in connection with the performance of work under a contract with a public body, when payment of the contract price, or any part of such payment, is to be made from public money, to refuse to employ or to discharge from employment any person because of his or her race, color, creed, national origin, sex, sexual orientation, gender identity or expression, or age, or to discriminate against a person with respect to hire, tenure, advancement, compensation or other terms, conditions or privileges of employment because of his or her race, creed, color, national origin, sex, sexual orientation, gender identity or expression, or age.
2. Contracts between contractors and public bodies must contain the following contractual provisions:
In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation, gender identity or expression, or age, including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitation, apprenticeship.
The contractor further agrees to insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials.
3. Any violation of such provision by a contractor constitutes a material breach of contract.
4. As used in this section:
(a) "Gender identity or expression" means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.
(b) "Protective hairstyle" includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.
(c) "Race" includes traits associated with race, including, without limitation, hair texture and protective hairstyles.
(d) "Sexual orientation" means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.
(Added to NRS by 1959, 137; A 1973, 981; 1999, 1942; 2003, 2417; 2011, 501; 2021, 1713)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.126 - Required notice to newly-hired workers by contractor engaged on public work: Contents; acknowledgment of receipt.

1. A contractor engaged on a public work shall provide to his or her workers at the time of hire a written or electronic notice that includes, without limitation:
(a) The Internet website of the Labor Commissioner where the prevailing wage rates for the public work are posted;
(b) The name of the contractor; and
(c) The physical address of the principal place of business of the contractor.
2. A contractor shall obtain a written or electronic acknowledgment of receipt of any notice pursuant to this section. The acknowledgment of notice must be maintained by the contractor for at least 2 years, made available to the Labor Commissioner upon request and include, without limitation:
(a) The worker’s name, contact information and signature; and
(b) The date on which the worker received the notice.
(Added to NRS by 2023, 450)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.127 - Employer authorized to enforce health and safety requirements notwithstanding protections for hair texture and protective hairstyles.

Notwithstanding the protections in this chapter for hair texture and protective hairstyles, an employer may enforce health and safety requirements set forth in federal or state law.
(Added to NRS by 2021, 1713)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.130 - Preferential employment in construction of public works.

1. In all cases where persons are employed in the construction of public works, preference must be given, the qualifications of the applicants being equal:
(a) First: To persons who:
(1) Have been honorably discharged from the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States, a reserve component thereof or the National Guard; and
(2) Are citizens of the State of Nevada.
(b) Second: To other citizens of the State of Nevada.
2. Nothing in this section shall be construed to prevent the working of prisoners by a public body on a public work.
3. In each contract for the construction of public works, a clause must be inserted to the effect that if the provisions of this section are not complied with by the contractor engaged on the public work, the contract is void, and any failure or refusal to comply with any of the provisions of this section renders any such contract void. All boards, commissions, officers, agents and employees having the power to enter into contracts for the expenditure of public money on public works shall file in the Office of the Labor Commissioner the names and addresses of all contractors holding contracts with the public body, and upon the letting of new contracts, the names and addresses of such new contractors must likewise be filed with the Labor Commissioner. Upon the demand of the Labor Commissioner, a contractor shall furnish a list of the names and addresses of all subcontractors employed by the contractor engaged on a public work.
4. Subject to the exceptions contained in this section, no money may be paid out of the State Treasury or out of the treasury of any political subdivision of the State to any person employed on any work mentioned in this section unless there has been compliance with the provisions of this section.
5. Any contractor engaged on a public work or any other person who violates any of the provisions of this section is guilty of a misdemeanor. The penalties provided for in this section do not apply where violations thereof are due to misrepresentations made by the employee or employees.
[Part 1:168:1919; A 1921, 205; 1929, 89; NCL § 6173] + [2:168:1919; A 1921, 205; NCL § 6174] + [3:168:1919; 1919 RL p. 2965; NCL § 6175] + [Part 4:168:1919; A 1921, 205; NCL § 6176]—(NRS A 1967, 554; 1971, 209; 2003, 2418; 2005, 22)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.131 - Prehire agreement: Authority of local government to enter; preferential employment of local residents authorized; exception; applicability of provisions governing payment of prevailing wages.

1. Except as otherwise provided in subsection 2, a local government sponsoring or financing a public work may enter into a prehire agreement for the public work. Any such prehire agreement may contain a preference for hiring labor on the public work to local residents who possess a valid driver’s license or identification card issued by the Department of Motor Vehicles or other proof of current address which indicates that the person resides:
(a) Within the jurisdiction of the local government;
(b) Within a certain specified distance of the jurisdiction of the local government, as provided by the local government sponsoring or financing the public work; or
(c) Within a certain geographic area within the jurisdiction of the local government.
2. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 1, those provisions do not apply insofar as their application would preclude or reduce federal assistance.
3. Nothing in this section shall be construed to authorize a contractor on a public work to pay any worker on the public work less than the applicable prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive.
(Added to NRS by 2023, 2991)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.135 - Rental or lease of trucks or truck and trailer combinations by contractors or subcontractors: Hourly rate for vehicle and services of driver.

Where a truck or truck and trailer combination is rented or leased after April 22, 1969, by a contractor or subcontractor on a public work, the hourly rate for the rental or lease of such truck or truck and trailer combination must, when added to the prevailing rate of wages required by NRS 338.020 for the driver, not be less than the hourly rate for similar vehicles with a driver as such hourly rate appears in freight tariffs approved by the Nevada Transportation Authority for the area in which the public work is located.
(Added to NRS by 1969, 900; A 1997, 1987)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1373 - Option of local governments to comply with alternative procedures; public bodies prohibited from using reverse auctions; inapplicability of certain provisions to contracts awarded by Department of Transportation.

1. A local government or its authorized representative shall award a contract for a public work pursuant to the provisions of NRS 338.1415 and:
(a) NRS 338.1377 to 338.139, inclusive;
(b) NRS 338.143 to 338.148, inclusive;
(c) NRS 338.1685 to 338.16995, inclusive; or
(d) NRS 338.1711 to 338.173, inclusive.
2. A public body shall not use a reverse auction when awarding a contract for a public work.
3. Except as otherwise provided in this subsection, subsection 4 and chapter 408 of NRS, the provisions of this chapter 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 408.201 and 408.313 to 408.433, inclusive. The provisions of NRS 338.1375 to 338.1382, inclusive, 338.1386, 338.13862, 338.13864, 338.139, 338.142 and 338.1711 to 338.1727, inclusive, 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 408.201 and 408.313 to 408.433, inclusive.
4. To the extent that a provision of this chapter precludes the granting of federal assistance or reduces the amount of such assistance with respect to a contract for the construction, reconstruction, improvement or maintenance of highways that is awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive, that provision of this chapter does not apply to the Department of Transportation or the contract.
5. As used in this section:
(a) "Online bidding" means a process by which bidders submit bids for a contract on a secure website on the Internet or its successor, if any, which is established and maintained for that purpose.
(b) "Reverse auction" means a process by which a bidder may submit more than one bid if each subsequent response to online bidding is at a lower price.
(Added to NRS by 1999, 2390; A 2001, 640, 1930, 2262; 2003, 157, 1988, 2128, 2418, 2491; 2007, 2896; 2011, 43, 1602, 3684, 3685; 2013, 1027, 2967; 2017, 4035; 2019, 704; 2021, 736, 2218)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1375 - State public works: Acceptance of bids from qualified bidders only; adoption and use of criteria for qualification of bidders.

1. The Division shall not accept a bid on a contract for a public work unless the contractor 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 Division 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 body 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, 338.13845 or 338.13895;
(5) Whether the applicant has been disciplined or fined by the State Contractors’ Board or another state or federal agency for conduct that relates to the ability of the applicant to perform the public work;
(6) The performance history of the applicant concerning other recent, similar contracts, if any, completed by the applicant; and
(7) The truthfulness and completeness of the application.
(Added to NRS by 1999, 2390; A 2001, 1930; 2003, 2128, 2419; 2009, 2551, 2669; 2011, 2962)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1376 - State public works: Qualification of subcontractors; disqualification; appeal.

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 Division 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 Division has received information that:
(a) The Division determines to be sufficient and verifiable; and
(b) Indicates the subcontractor does not meet the criteria established by regulation pursuant to subsection 1.
3. Upon receipt of sufficient and verifiable information of a type described in subsection 2, the Division shall require a subcontractor regarding whom such information is received to submit to the Division, on a form prescribed by the Division, an application for qualification in accordance with the criteria established by regulation pursuant to subsection 1. After receiving such an application, the Division shall determine whether the subcontractor is qualified in accordance with the criteria established by regulation pursuant to subsection 1. Except as otherwise provided in subsection 4, if the Division determines that the subcontractor does not meet such criteria, the Division may disqualify the subcontractor, for a period set by the Division, from participating in public works projects which are sponsored by the Division. The Division 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.
(Added to NRS by 2003, 2127)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1378 - Local government public works: Advertisement required before acceptance of applications for qualification of bidders.

1. Before a local government accepts applications pursuant to NRS 338.1379, the local government must, in accordance with subsection 2, advertise in a newspaper that is:
(a) Qualified pursuant to the provisions of chapter 238 of NRS; and
(b) Published in a county in which the contracts for the potential public works will be performed or, if no qualified newspaper is published in that county, published in a qualified newspaper that is published in the State of Nevada and which has a general circulation in the county in which the contracts for the potential public works will be performed.
2. An advertisement required pursuant to subsection 1:
(a) Must be published at least once not less than 21 days before applications are to be submitted to the local government; and
(b) Must include:
(1) A description of the potential public works for which applications to qualify as a bidder are being accepted;
(2) The time and place at which applications are to be submitted to the local government;
(3) The place at which applications may be obtained; and
(4) Any other information that the local government deems necessary.
(Added to NRS by 2003, 2488; A 2005, 1797)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1379 - State and local government public works: Submission of application to qualify as bidder; investigation of applicant; determination; notice; period of qualification; use of criteria; confidentiality of certain financial information concerning applicant; denial or revocation of qualification in certain circumstances.

1. Except as otherwise provided in NRS 338.1382, a contractor who wishes to qualify as a bidder on a contract for a public work must submit an application to the Division or the local government.
2. Upon receipt of an application pursuant to subsection 1, the Division or the local government shall:
(a) Investigate the applicant to determine whether the applicant is qualified to bid on a contract; and
(b) After conducting the investigation, determine whether the applicant is qualified to bid on a contract. The determination must be made within 45 days after receipt of the application.
3. The Division or the local government shall notify each applicant in writing of its determination. If an application is denied, the notice must set forth the reasons for the denial and inform the applicant of the right to a hearing pursuant to NRS 338.1381.
4. The Division or the local government may determine an applicant is qualified to bid:
(a) On a specific project; or
(b) On more than one project over a period of time to be determined by the Division or the local government.
5. Except as otherwise provided in subsection 8, the Division shall not use any criteria other than criteria adopted by regulation pursuant to NRS 338.1375 in determining whether to approve or deny an application.
6. Except as otherwise provided in subsection 8, the local government shall not use any criteria other than the criteria described in NRS 338.1377 in determining whether to approve or deny an application.
7. Except as otherwise provided in NRS 239.0115, financial information and other data pertaining to the net worth of an applicant which is gathered by or provided to the Division or a local government to determine the financial ability of an applicant to perform a contract is confidential and not open to public inspection.
8. The Division or the local government shall deny an application and revoke any existing qualification to bid if it finds that the applicant has, within the preceding year, materially breached a contract for a public work for which the cost exceeds $25,000,000.
(Added to NRS by 1999, 2391; A 2001, 1931; 2003, 2421, 2493; 2005, 1797; 2007, 2089; 2011, 43; 2013, 1390)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1381 - State and local government public works: Procedure upon appeal of denial of application to qualify as bidder or disqualification of subcontractor.

1. If, within 10 days after receipt of the notice denying an application pursuant to NRS 338.1379 or 338.16991 or disqualifying a subcontractor pursuant to NRS 338.1376, the applicant or subcontractor, as applicable, files a written request for a hearing with the Division or the local government, the State Public Works Board or governing body shall set the matter for a hearing within 20 days after receipt of the request. The hearing must be held not later than 45 days after the receipt of the request for a hearing unless the parties, by written stipulation, agree to extend the time.
2. The hearing must be held at a time and place prescribed by the Board or local government. At least 10 days before the date set for the hearing, the Board or local government shall serve the applicant or subcontractor with written notice of the hearing. The notice may be served by personal delivery to the applicant or subcontractor or by certified mail to the last known business or residential address of the applicant or subcontractor.
3. The applicant or subcontractor has the burden at the hearing of proving by substantial evidence that the applicant is entitled to be qualified to bid on a contract for a public work, or that the subcontractor is qualified to be a subcontractor on a contract for a public work.
4. In conducting a hearing pursuant to this section, the Board or governing body may:
(a) Administer oaths;
(b) Take testimony;
(c) Issue subpoenas to compel the attendance of witnesses to testify before the Board or governing body;
(d) Require the production of related books, papers and documents; and
(e) Issue commissions to take testimony.
5. If a witness refuses to attend or testify or produce books, papers or documents as required by the subpoena issued pursuant to subsection 4, the Board or governing body may petition the district court to order the witness to appear or testify or produce the requested books, papers or documents.
6. The Board or governing body shall issue a decision on the matter during the hearing. The decision of the Board or governing body is a final decision for purposes of judicial review.
(Added to NRS by 1999, 2392; A 2003, 2128, 2421, 3515; 2005, 1798; 2011, 2962, 3685; 2017, 4035; 2021, 736, 2218)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1382 - Local government public works: Alternative procedure for qualification of bidders.

In lieu of adopting criteria pursuant to NRS 338.1377 and determining the qualification of bidders pursuant to NRS 338.1379, a governing body may deem a person to be qualified to bid on:
1. Contracts for public works of the local government if the person has not, within the preceding year, materially breached a contract for a public work for which the cost exceeds $25,000,000, and has been determined by:
(a) The Division pursuant to NRS 338.1379 to be qualified to bid on contracts for public works of the State pursuant to criteria adopted pursuant to NRS 338.1375; or
(b) Another governing body pursuant to NRS 338.1379 to be qualified to bid on contracts for public works of that local government pursuant to the criteria set forth in NRS 338.1377.
2. A contract for a public work of the local government if:
(a) The person has been determined by the Department of Transportation pursuant to NRS 408.333 to be qualified to bid on the contract for the public work;
(b) The public work will be owned, operated or maintained by the Department of Transportation after the public work is constructed by the local government; and
(c) The Department of Transportation requested that bidders on the contract for the public work be qualified to bid on the contract pursuant to NRS 408.333.
(Added to NRS by 2003, 2488; A 2011, 44; 2013, 1391)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1384 - Definitions.

As used in NRS 338.1384 to 338.13847, inclusive, unless the context otherwise requires, the words and terms defined in NRS 338.13841, 338.13842 and 338.13843 have the meanings ascribed to them in those sections.
(Added to NRS by 2009, 2668)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.13841 - "Business owned and operated by a veteran with a service-connected disability" defined.

"Business owned and operated by a veteran with a service-connected disability" means a business:
1. Of which at least 51 percent of the ownership interest is held by one or more veterans with service-connected disabilities;
2. That is organized to engage in commercial transactions; and
3. That is managed and operated on a day-to-day basis by one or more veterans with service-connected disabilities.
The term includes a business which meets the above requirements that is transferred to the spouse of a veteran with a service-connected disability upon the death of the veteran, as determined by the United States Department of Veterans Affairs.
(Added to NRS by 2009, 2668; A 2015, 560)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.13844 - Amount of preferences.

1. For the purpose of awarding a contract for a public work of this State for which the estimated cost is $100,000 or less, as governed by NRS 338.13862, if a local business owned and operated by a veteran with a service-connected disability submits a bid, the bid shall be deemed to be 5 percent lower than the bid actually submitted.
2. For the purpose of awarding a contract for a public work of this State for which the estimated cost is more than $100,000 but less than $250,000, if a local business owned and operated by a veteran with a service-connected disability that has been determined to be 50 percent or more by the United States Department of Veterans Affairs submits a bid and is a responsive and responsible bidder, the bid shall be deemed to be 5 percent lower than the bid actually submitted.
3. The preferences described in subsections 1 and 2 may not be combined with any other preference.
(Added to NRS by 2009, 2668; A 2015, 560)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.13845 - Fraudulent acts.

1. If the Division determines that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for a preference described in NRS 338.13844, the business is thereafter permanently prohibited from:
(a) Applying for or receiving a preference described in NRS 338.13844; and
(b) Bidding on a contract for a public work of this State.
2. If the Division determines, as described in subsection 1, that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for a preference described in NRS 338.13844, the business may apply to the Administrator to review the decision pursuant to chapter 233B of NRS.
3. As used in this section, "Administrator" has the meaning ascribed to it in NRS 341.011.
(Added to NRS by 2009, 2668; A 2011, 2963)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.13846 - Duty of State Public Works Division to report to Legislature.

The Division shall, every 6 months, submit to the Legislature, if it is in session, or to the Interim Finance Committee and the Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs created by NRS 218E.750, if the Legislature is not in session, a report which must contain, for the period since the submittal of the last report:
1. The number of contracts for public works of this State that were subject to the provisions of NRS 338.1384 to 338.13847, inclusive.
2. The total dollar amount of contracts for public works of this State that were subject to the provisions of NRS 338.1384 to 338.13847, inclusive.
3. The number of local businesses owned and operated by veterans with service-connected disabilities that submitted a bid on a contract for a public work of this State.
4. The number of contracts for public works of this State that were awarded to local businesses owned and operated by veterans with service-connected disabilities.
5. The total number of dollars’ worth of contracts for public works of this State that were awarded to local businesses owned and operated by veterans with service-connected disabilities.
6. Any other information deemed relevant by the Director of the Legislative Counsel Bureau.
(Added to NRS by 2009, 2669; A 2015, 560)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.13847 - Regulations.

The State Public Works Board may adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 338.1384 to 338.13847, inclusive. The regulations may include, without limitation, provisions setting forth:
1. The method by which a business may apply to receive a preference described in NRS 338.13844;
2. Subject to the provisions of NRS 417.0187, the documentation or other proof that a business must submit to demonstrate that it qualifies for a preference described in NRS 338.13844; and
3. Such other matters as the Division deems relevant.
In carrying out the provisions of this section, the State Public Works Board and the Division shall, to the extent practicable, cooperate and coordinate with the Purchasing Division of the Department of Administration so that any regulations adopted pursuant to this section and NRS 333.3369 are reasonably consistent.
(Added to NRS by 2009, 2669; A 2011, 2963; 2017, 1132)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1386 - State or local government to award contract for smaller public work to contractor or perform public work itself.

If the estimated cost of a public work is $100,000 or less, this State or a local government shall:
1. Award a contract for the completion of the public work to a properly licensed contractor in accordance with NRS 338.13862; or
2. Perform the public work itself in accordance with NRS 338.13864.
(Added to NRS by 2003, 1984)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.13862 - Requirements for awarding contract for smaller public work to contractor.

1. Before this State or a local government awards a contract for the completion of a public work in accordance with subsection 1 of NRS 338.1386, the State or the local government must:
(a) If the estimated cost of the public work is more than $25,000 but not more than $100,000, solicit bids from at least three properly licensed contractors; and
(b) If the estimated cost of the public work is $25,000 or less, solicit a bid from at least one properly licensed contractor.
2. Any bids received in response to a solicitation for bids made pursuant to this section may be rejected if the State or the local government determines that:
(a) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications;
(b) The bidder is not responsive or responsible; or
(c) The public interest would be served by such a rejection.
3. At least once each quarter, the State and each local government shall prepare a report detailing, for each public work over $25,000 for which a contract for its completion is awarded pursuant to paragraph (a) of subsection 1, if any:
(a) The name of the contractor to whom the contract was awarded;
(b) The amount of the contract awarded;
(c) A brief description of the public work; and
(d) The names of all contractors from whom bids were solicited.
4. A report prepared pursuant to subsection 3 is a public record and must be maintained on file at the administrative offices of the applicable public body.
5. The provisions of this section do not relieve this State from the duty to award the contract for the public work to a bidder who is:
(a) Qualified pursuant to the applicable provisions of NRS 338.1375 to 338.1382, inclusive; and
(b) The lowest responsive and responsible bidder, if bids are required to be solicited from more than one properly licensed contractor pursuant to subsection 1. For the purposes of this paragraph, the lowest responsive and responsible bidder must be determined in consideration of any applicable bidder’s preference granted pursuant to NRS 338.13844.
(Added to NRS by 2003, 1984; A 2009, 2673)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.13864 - Attestation required before State or local government may perform certain smaller public works itself.

1. If the State or a local government proposes to perform a public work itself in accordance with subsection 2 of NRS 338.1386, the public officer responsible for the management of the public works of the State or the local government, as applicable, must, if the estimated cost of the public work is more than $25,000 but not more than $100,000 and before work on the public work is commenced, prepare a signed attestation regarding the decision of the State or the local government to perform the public work itself.
2. An attestation prepared pursuant to subsection 1:
(a) Must set forth:
(1) The estimated cost of the public work;
(2) A general statement as to why the State or the local government has decided to perform the public work itself; and
(3) A general statement that the public work will adhere to the same quality and standards as would be required of a properly licensed contractor if the public work had been awarded to a properly licensed contractor; and
(b) Is a public record and must be maintained on file at the administrative offices of the applicable public body.
(Added to NRS by 2003, 1985)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.13895 - Award of contract to unlicensed or improperly licensed contractor prohibited; replacement of unacceptable subcontractor; rescission of award of contract to unlicensed or improperly licensed contractor before commencement of work.

1. The Division shall not award a 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 the person’s license. A subcontractor who is:
(a) Named in the bid for the contract as a subcontractor who will provide a portion of the work on the public work pursuant to NRS 338.141; and
(b) Not properly licensed for that portion of the work, or who, at the time of the bid, is on disqualified status with the Division pursuant to NRS 338.1376,
shall be deemed unacceptable. If the subcontractor is deemed unacceptable pursuant to this subsection, the contractor shall provide an acceptable subcontractor with no increase in the amount of the contract or bid.
2. A local government 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 the person’s license. A subcontractor who is:
(a) Named in the bid for the contract as a subcontractor who will provide a portion of the work on the public work pursuant to NRS 338.141; and
(b) Not properly licensed for that portion of work,
shall be deemed unacceptable. If the subcontractor is deemed unacceptable pursuant to this subsection, the contractor shall provide an acceptable subcontractor with no increase in the amount of the contract or bid.
3. If, after awarding the contract, but before commencement of the work, the public body or its authorized representative discovers that the person to whom the contract was awarded is not licensed, or that the contract would exceed the person’s license, the public body or its authorized representative shall rescind the award of the contract and may accept the next lowest bid for that public work from a responsive bidder who was determined by the public body or its authorized representative to be a qualified bidder pursuant to NRS 338.1379 or 338.1382 without requiring that new bids be submitted.
(Added to NRS by 1999, 2395; A 2003, 2129, 2425, 2497; 2005, 1802; 2011, 3688)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.139 - Awarding of contract to specialty contractor: Conditions.

1. A public body or its authorized representative may award a contract for a public work pursuant to NRS 338.1375 to 338.13895, inclusive, to a specialty contractor if:
(a) The majority of the work to be performed on the public work to which the contract pertains consists of specialty contracting for which the specialty contractor is licensed; and
(b) The public work to which the contract pertains is not part of a larger public work.
2. If a public body or its authorized representative awards a contract to a specialty contractor pursuant to NRS 338.1375 to 338.13895, inclusive, all work to be performed on the public work to which the contract pertains that is outside the scope of the license of the specialty contractor must be performed by a subcontractor who:
(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 Division pursuant to NRS 338.1376.
(Added to NRS by 2001, 2258; A 2003, 2129, 2429)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1415 - Local government prohibited from accepting bid on contract for public work submitted by contractor who materially breached certain contracts for public works.

A local government or its authorized representative shall not accept a bid on a contract for a public work if the contractor who submits the bid has, within the preceding year, materially breached a contract for a public work for which the cost exceeds $25,000,000.
(Added to NRS by 2011, 41; A 2013, 1394)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.142 - Notice of protest of award of contract: Period for filing; contents; posting and disposition of bond or security; stay of action; immunity of public body from liability to bidder.

1. A person who bids on a contract may file a notice of protest regarding the awarding of the contract with the authorized representative designated by the public body within 5 business days after the date the recommendation to award a contract is issued by the public body or its authorized representative.
2. The notice of protest must include a written statement setting forth with specificity the reasons the person filing the notice believes the applicable provisions of law were violated.
3. A person filing a notice of protest may be required by the public body or its authorized representative, at the time the notice of protest is filed, to post a bond with a good and solvent surety authorized to do business in this state or submit other security, in a form approved by the public body, to the public body who shall hold the bond or other security until a determination is made on the protest. A bond posted or other security submitted with a notice of protest must be in an amount equal to the lesser of:
(a) Twenty-five percent of the total value of the bid submitted by the person filing the notice of protest; or
(b) Two hundred fifty thousand dollars.
4. A notice of protest filed in accordance with the provisions of this section operates as a stay of action in relation to the awarding of any contract until a determination is made by the public body on the protest.
5. A person who makes an unsuccessful bid may not seek any type of judicial intervention until the public body has made a determination on the protest and awarded the contract.
6. Neither a public body nor any authorized representative of the public body is liable for any costs, expenses, attorney’s fees, loss of income or other damages sustained by a person who makes a bid, whether or not the person files a notice of protest pursuant to this section.
7. If the protest is upheld, the bond posted or other security submitted with the notice of protest must be returned to the person who posted the bond or submitted the security. If the protest is rejected, a claim may be made against the bond or other security by the public body in an amount equal to the expenses incurred by the public body because of the unsuccessful protest. Any money remaining after the claim has been satisfied must be returned to the person who posted the bond or submitted the security.
(Added to NRS by 2003, 2410; A 2011, 3690)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1425 - Prohibition against public body entering into contract with design professional who is not member of design-build team for services on public work until certain period after public body transmits certain information to licensing board of design professional; posting of such information by licensing board.

A public body shall not enter into a contract with a design professional who is not a member of a design-build team for the provision of services in connection with a public work until 3 days after the public body has transmitted the information relating to the selection of the design professional to the licensing board that regulates the design professional, including, without limitation, the name of the public body, the name of the design professional, whether the design professional possesses a certificate of eligibility to receive a preference when competing for public works and a brief description of the project and services the design professional was selected for, and the licensing board has posted such information on its Internet website. A licensing board shall post any information received pursuant to this subsection within 1 business day after receiving such information.
(Added to NRS by 2011, 3693)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1427 - Duty of State Public Works Division to report to Office of Economic Development concerning local emerging small businesses.

1. The Division shall submit a report every 6 months to the Office. The report must include, without limitation, for the period since the last report:
(a) The number of local emerging small businesses that the Division solicited to submit a bid or proposal on a contract for a public work in this State;
(b) The number of local emerging small businesses that submitted a bid or proposal on a contract for a public work in this State;
(c) The number of contracts for public works of this State that were awarded by the Division to local emerging small businesses;
(d) The total number of dollars’ worth of contracts for public works of this State that were awarded by the Division to local emerging small businesses;
(e) Whether each goal established by the Office pursuant to NRS 231.1407 has been achieved;
(f) For each goal established by the Office pursuant to NRS 231.1407 that has not been achieved, information on all efforts undertaken by the Division to achieve the goals in the current fiscal year and a proposed plan for achieving the goals in the subsequent fiscal year; and
(g) Any other information deemed relevant by the Office.
2. The reports required pursuant to subsection 1 must be submitted within 30 days after:
(a) The end of each fiscal year; and
(b) The end of each calendar year.
3. As used in this section:
(a) "Local emerging small business" has the meaning ascribed to it in NRS 231.1402.
(b) "Office" means the Office of Economic Development.
(Added to NRS by 2013, 3691)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1435 - Constructability review of initially used plans and specifications required before advertising for bids for contracts for larger public works.

1. Before a local government or its authorized representative advertises for bids for a contract for a public work, the local government or its authorized representative shall perform a review of the approved plans and specifications to determine if the plans and specifications are complete and contain all necessary information and specifications to construct the public work, if:
(a) The plans and specifications are to be used for the first time on a public work; and
(b) The plans and specifications are for a public work that has an estimated cost which exceeds $10,000,000.
2. A constructability review required pursuant to subsection 1 must be performed by an architect registered pursuant to chapter 623 of NRS, a contractor licensed pursuant to chapter 624 of NRS or a professional engineer licensed pursuant to chapter 625 of NRS and must include, without limitation:
(a) A determination of whether a competent contractor would be able to construct the public work based on the approved plans and specifications; and
(b) A review of the approved plans and specifications for the public work for completeness, clarity and economic feasibility.
3. If the local government or its authorized representative does not employ a person who has the expertise to perform a constructability review as described in subsection 2, the local government or its authorized representative must contract with an independent third party who is an architect registered pursuant to chapter 623 of NRS, a contractor licensed pursuant to chapter 624 of NRS or a professional engineer licensed pursuant to chapter 625 of NRS to perform the constructability review. A contract entered into pursuant to this section between a local government or its authorized representative and an independent third party is not required to be awarded by competitive bidding.
(Added to NRS by 2007, 2895)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1442 - Local government to award contract for smaller public work to contractor or perform public work itself.

If the estimated cost of a public work is $100,000 or less, a local government shall:
1. Award a contract for the completion of the public work to a properly licensed contractor in accordance with NRS 338.1444; or
2. Perform the public work itself in accordance with NRS 338.1446.
(Added to NRS by 2003, 1985)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1444 - Award of contract for smaller public work to contractor: Solicitation of bids; rejection of bids; quarterly report by local government; compliance by local government with certain requirements.

1. Before a local government awards a contract for the completion of a public work in accordance with subsection 1 of NRS 338.1442, the local government must:
(a) If the estimated cost of the public work is more than $25,000 but not more than $100,000, solicit bids from at least three properly licensed contractors; and
(b) If the estimated cost of the public work is $25,000 or less, solicit a bid from at least one properly licensed contractor.
2. Any bids received in response to a solicitation for bids made pursuant to this section may be rejected if the local government determines that:
(a) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications;
(b) The bidder is not responsive or responsible; or
(c) The public interest would be served by such a rejection.
3. At least once each quarter, a local government shall prepare a report detailing, for each public work over $25,000 for which a contract for its completion is awarded pursuant to paragraph (a) of subsection 1, if any:
(a) The name of the contractor to whom the contract was awarded;
(b) The amount of the contract awarded;
(c) A brief description of the public work; and
(d) The names of all contractors from whom bids were solicited.
4. A report prepared pursuant to subsection 3 is a public record and must be maintained on file at the administrative offices of the applicable public body.
5. The provisions of this section do not relieve a local government from the duty to award the contract for the public work to a bidder who is the lowest responsive and responsible bidder if bids are required to be solicited from more than one properly licensed contractor pursuant to subsection 1.
(Added to NRS by 2003, 1985)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1446 - Attestation required before local government may perform certain smaller public works itself.

1. If a local government proposes to perform a public work itself in accordance with subsection 2 of NRS 338.1442, the public officer responsible for the management of the public works of the local government must, if the estimated cost of the public work is more than $25,000 but not more than $100,000 and before work on the public work is commenced, prepare a signed attestation regarding the decision of the local government to perform the public work itself.
2. An attestation prepared pursuant to subsection 1:
(a) Must set forth:
(1) The estimated cost of the public work;
(2) A general statement as to why the local government has decided to perform the public work itself; and
(3) A general statement that the public work will adhere to the same quality and standards as would be required of a properly licensed contractor if the public work had been awarded to a properly licensed contractor; and
(b) Is a public record and must be maintained on file at the administrative offices of the local government.
(Added to NRS by 2003, 1986)