reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.0902 - Installment-purchase and lease-purchase contracts: Security interests; certificates of participation; lease of property; other agreements, contracts or arrangements.

In connection with any installment-purchase contract or lease-purchase contract entered into to finance a performance contract, the Board may:
1. Grant a security interest in any property that is the subject of the installment-purchase contract or lease-purchase contract and execute an instrument to evidence such a security interest, including, without limitation, a deed of trust, a leasehold interest deed of trust, a mortgage or a financing agreement.
2. Offer certificates of participation.
3. If the installment-purchase contract or lease-purchase contract involves an improvement to property owned by the State of Nevada or the using agency, enter into a lease of the property to which the improvement will be made and any property that is adjacent to that property if the installment-purchase contract or lease-purchase contract:
(a) Except as otherwise provided in NRS 333A.0916, has a term of not more than 20 years beyond the date on which construction of the work required by the installment-purchase contract or lease-purchase contract is completed; and
(b) Provides for rental payments that approximate the fair market rental of the property before the improvement is made, as determined by the Board at the time the parties enter into the lease, which must be paid if the installment-purchase contract or lease-purchase contract terminates before the expiration of the lease because the Legislature fails to appropriate money for payments due pursuant to the installment-purchase contract or lease-purchase contract.
A lease entered into pursuant to this subsection may provide for nominal rental payments to be paid pursuant to the lease before the installment-purchase contract or lease-purchase contract terminates.
4. Enter into any other agreement, contract or arrangement that the Board determines would be beneficial to the purpose of the installment-purchase contract or lease-purchase contract, including, without limitation, contracts for professional services, trust indentures, paying agent agreements and contracts of insurance.
(Added to NRS by 2005, 2897; A 2017, 1435)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.0904 - Installment-purchase and lease-purchase contracts: Property that is subject of contract is exempt from ad valorem property taxation under certain circumstances and is to be deemed property of State or using agency for purposes of statutory limits on damages.

For the period during which an installment-purchase contract or lease-purchase contract that was entered into to finance a performance contract is in effect, the property that is the subject of the installment-purchase contract or lease-purchase contract:
1. Is exempt from ad valorem property taxation by this State and its political subdivisions if:
(a) An improvement is being constructed on the property pursuant to the installment-purchase contract or lease-purchase contract; or
(b) This State or a using agency is in possession of the property.
2. Shall be deemed to be the property of this State or the using agency that is a party to the installment-purchase contract or lease-purchase contract for the purposes of statutory limits on damages that may be awarded against this State, including, without limitation, the limits in chapter 41 of NRS, with respect to any action or claim, including a claim for civil damages, that arises from or is related to the property and is brought by a person who is not a party to the installment-purchase contract or lease-purchase contract if:
(a) An improvement is being constructed on the property pursuant to the installment-purchase contract or lease-purchase contract; or
(b) This State or the using agency is in possession of the property.
(Added to NRS by 2005, 2898)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.0906 - Refunding of obligations: Resolution; purposes.

Any obligations of this State issued in accordance with this chapter may be refunded on behalf of the State by the Board without the necessity of the refunding obligations being authorized by this chapter by the adoption of a resolution by the Board authorizing the issuance of obligations to refund, pay and discharge all or any part of such outstanding obligations of any one or more or all outstanding issues:
1. For the acceleration, deceleration or other modification of the payment of such obligations, including, without limitation, any interest on such obligations that is in arrears or about to become due for any period not exceeding 3 years after the date of the issuance of the refunding obligations, unless the capitalization of interest on obligations constituting an indebtedness increases the debt of the State in excess of the limitation set forth in Section 3 of Article 9 of the Nevada Constitution.
2. For the purpose of reducing interest costs or effecting other economies.
3. For the purpose of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional obligations, otherwise concerning the outstanding obligations, or otherwise relating to any operating cost-savings measure appertaining thereto.
4. For any combination of the purposes set forth in subsections 1, 2 and 3.
(Added to NRS by 2005, 2898)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.0908 - Refunding of obligations: Disposition of proceeds; incidental costs; accrued interest and premium.

1. Except as otherwise provided in NRS 333A.0906 to 333A.0916, inclusive, the proceeds of refunding obligations issued pursuant to NRS 333A.0906 must be immediately applied to the retirement of the obligations to be refunded or be placed in escrow or trust in any trust bank or trust banks within or without or both within and without this State to be applied to the payment of the refunded obligations or the refunding obligations, or both, upon their presentation for payment to the extent, in such priority and otherwise in the manner which the using agency may determine.
2. The incidental costs of refunding obligations may be paid by the purchaser of the refunding obligations or be defrayed from any revenues in the State General Fund, subject to appropriations for such revenues as otherwise provided by law, or other available revenues of the State under the control of the Board or from the proceeds of the refunding obligations, or from the interest or other yield derived from the investment of the proceeds of any refunding obligations or other money in escrow or trust, or from any other sources legally available therefor, or any combination thereof, as the using agency may determine.
3. Any accrued interest and any premium appertaining to a sale of refunding obligations may be applied to the payment of the interest on or principal of those refunding obligations, or both, or may be deposited in a reserve therefor, or may be used to refund obligations by deposit in escrow, trust or otherwise, or may be used to defray any incidental costs appertaining to the refunding, or any combination thereof, as the using agency may determine, but in no event by the incurrence of additional debt in excess of the limitation on state debt set forth in Section 3 of Article 9 of the Nevada Constitution.
(Added to NRS by 2005, 2899)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.0912 - Issuance of refunding and other obligations separately or in combination.

Obligations for refunding and obligations for any other purpose authorized pursuant to NRS 333A.0906 to 333A.0916, inclusive, or by any other law may be issued separately or issued in combination in one series or more by the State in accordance with the provisions of NRS 333A.0906 to 333A.0916, inclusive.
(Added to NRS by 2005, 2900)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.0914 - Other statutory provisions applicable to refunding obligations.

Except as otherwise provided in NRS 333A.0906 to 333A.0916, inclusive, the relevant provisions elsewhere herein appertaining generally to the issuance of obligations to defray the cost of any operating cost-savings measure are equally applicable in the authorization and issuance of refunding obligations, including, without limitation, their terms and security, the covenants and other provisions of the resolution authorizing the issuance of the obligations, or other instrument or proceedings appertaining thereto, and other aspects of the obligations.
(Added to NRS by 2005, 2900)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.0916 - Conditions for refunding obligations.

1. An obligation may not be refunded pursuant to NRS 333A.0906 to 333A.0916, inclusive, unless the holder of the obligation voluntarily surrenders the obligation for exchange or payment, or unless the obligation matures or is callable for prior redemption under its terms within 25 years after the date of issuance of the refunding obligations. Provision must be made for paying the securities within that period.
2. The maturity of any obligation refunded may not be extended beyond 25 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later.
3. The principal amount of the refunding obligations may:
(a) Exceed the principal amount of the refunded obligations; or
(b) Be less than or equal to the principal amount of the obligations being refunded if provision is duly and sufficiently made for their payment.
(Added to NRS by 2005, 2900)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.0918 - Conclusive determination of using agency that statutory limitations have been met.

The determination of the using agency that the limitations imposed upon the issuance of obligations pursuant to this chapter, including, without limitation, any obligations for funding or refunding obligations, have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion regardless of whether the authorizing resolution or the obligations authorized by that resolution contain a recital as authorized by NRS 333A.092.
(Added to NRS by 2005, 2900)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.092 - Recital in resolution as conclusive evidence of validity of obligation.

A resolution providing for the issuance of a performance contract, including, without limitation, an installment-purchase contract or lease-purchase contract or other proceedings appertaining thereto, may provide that the obligations contain a recital that the obligations are issued pursuant to this chapter, which recital is conclusive evidence of the validity of the obligations.
(Added to NRS by 2005, 2901)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.100 - Indebtedness of State under contract; term of contracts.

1. Notwithstanding any provision of this chapter to the contrary, a performance contract entered into pursuant to this chapter does not create a debt for the purposes of Section 3 of Article 9 of the Nevada Constitution.
2. Except as otherwise provided in this section, the term of a performance contract may extend beyond the biennium in which the contract is executed, provided that the performance contract contains a provision which states that all obligations of the State under the performance contract are extinguished at the end of any fiscal year if the Legislature fails to provide an appropriation to the using agency for the ensuing fiscal year for payments to be made under the performance contract. If the Legislature fails to appropriate money to a using agency for a performance contract, there is no remedy against the State, except that if a security interest in any property was created pursuant to the performance contract, the holder of such a security interest may enforce the security interest against that property. Except as otherwise provided in NRS 333A.0916, the term of a performance contract must not exceed 20 years after the date on which the work required by the performance contract is completed.
3. The length of a performance contract may reflect the useful life of the operating cost-savings measure being installed or purchased under the performance contract.
(Added to NRS by 2003, 3058; A 2005, 2904; 2017, 1436)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.110 - Period over which payments become due.

1. A performance contract must provide that all payments, other than any obligations that become due if the contract is terminated before the contract expires, must be made over time.
2. The period over which payments are made on a performance contract must equal the period over which the operating cost savings are amortized. Payments on a performance contract must not commence until the operating cost-savings measures have been installed by the qualified service company.
(Added to NRS by 2003, 3058)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.120 - Prevailing wage requirement.

If a performance contract entered into pursuant to this chapter requires the employment of skilled mechanics, skilled workers, semiskilled mechanics, semiskilled workers or unskilled labor to perform the performance contract, the performance contract must include a provision relating to the prevailing wage as required pursuant to NRS 338.013 to 338.090, inclusive. The using agency, the qualified service company, any contractor who is awarded a contract or enters into an agreement to perform the work for the performance contract, and any subcontractor who performs any portion of that work shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the using agency had undertaken the work or had awarded the contract.
(Added to NRS by 2003, 3058; A 2019, 713)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.130 - Monitoring of cost savings attributable to operating cost-savings measures.

1. During the term of a performance contract, the qualified service company shall monitor the reductions in energy or water consumption and other operating cost savings attributable to the operating cost-savings measure purchased or installed under the performance contract, and shall prepare and provide a report to the using agency documenting the performance of the operating cost-savings measures:
(a) At the time that the work required by the performance contract is completed and 1 year after that work is completed; or
(b) At such other intervals as specified in the performance contract.
2. A qualified service company and the using agency may agree to make modifications in the calculation of savings based on:
(a) Subsequent material changes to the baseline consumption of energy or water identified at the beginning of the term of the performance contract.
(b) A change in utility rates.
(c) A change in the number of days in the billing cycle of a utility.
(d) A change in the total square footage of the building.
(e) A change in the operational schedule, and any corresponding change in the occupancy and indoor temperature, of the building.
(f) A material change in the weather.
(g) A material change in the amount of equipment or lighting used at the building.
(h) Any other change which reasonably would be expected to modify the use of energy or the cost of energy.
(Added to NRS by 2003, 3059; A 2005, 2904)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.140 - Information concerning performance contract provided to Office of Energy.

A qualified service company shall provide to the Office of Energy information concerning each performance contract which the qualified service company enters into pursuant to this chapter, including, without limitation, the name of the project, the using agency for which the project is being carried out and the expected operating cost savings. The Office of Energy may report any energy savings realized as a result of such performance contracts to the United States Department of Energy pursuant to 42 U.S.C. § 13385.
(Added to NRS by 2003, 3059; A 2009, 1406; 2011, 2079)
2023 Nevada Revised Statutes › Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures › NRS 333A.150 - Financial mechanisms to guarantee operational cost savings are realized.

A performance contract must include appropriate financial mechanisms determined to be necessary by the State Treasurer to guarantee that operating cost savings are realized by the using agency if the actual cost savings do not meet the predicted cost savings.
(Added to NRS by 2003, 3059)
2023 Nevada Revised Statutes › Chapter 334 - Purchasing: Generally › NRS 334.020 - Purchase of supplies or services for state boards or commissions by officers or employees; limitations; allowance of claims.

1. Except as otherwise provided in subsection 2, no officer or employee of the State shall purchase on the credit of the State any article of supplies, goods, wares or merchandise or obtain any services to be rendered by any person for the State, except by express permission and written authority previously obtained from the board or commission, or a majority of the members thereof, having control and supervision of the department or office for which such purchase is made or the services are rendered.
2. The provisions of subsection 1 shall not apply where such officer or employee has specific authority to purchase or obtain services conferred upon him or her by statute.
3. The State Board of Examiners shall not allow nor shall the State Treasurer pay any claim of any person for goods sold or services rendered unless the same were sold or rendered in accordance with the provisions of this section.
[1:104:1895; C § 2036; RL § 4476; NCL § 6946] + [2:104:1895; C § 2037; RL § 4477; NCL § 6947]
2023 Nevada Revised Statutes › Chapter 334 - Purchasing: Generally › NRS 334.030 - Purchase of governmental surplus property by other governmental entities.

1. The purpose of this section is to permit any governmental entity to take full advantage of the available surplus properties of any other governmental entity.
2. Any governmental entity may enter into any contract with any other governmental entity for the purchase of any equipment, supplies, materials or other property, real or personal, without regard to provisions of law which require:
(a) The posting of notices or public advertising for bids or of expenditures.
(b) The inviting or receiving of competitive bids.
(c) The delivery of purchases before payment, and without regard to any provision of law which would, if observed, defeat the purpose of this section.
3. In making any such contract or purchase the purchaser is authorized to accept any condition imposed pursuant to federal, state or local law as a part of the contract.
4. The governing body or executive authority, as the case may be, of any governmental entity may designate by appropriate resolution or order any officeholder or employee of its own to enter a bid or bids in its behalf at any sale of any equipment, supplies, material or other personal property, owned by any other governmental entity and may authorize that person to make any down payment or payment in full required in connection with such bidding.
5. Any provisions of any law, charter, ordinance, resolution, bylaws, rule or regulation which are inconsistent with the provisions of this section are suspended to the extent such provisions are inconsistent herewith.
[1:43:1945; 1943 NCL § 5190] + [2:43:1945; 1943 NCL § 5190.01] + [3:43:1945; 1943 NCL § 5190.02]—(NRS A 1979, 98)
2023 Nevada Revised Statutes › Chapter 334 - Purchasing: Generally › NRS 334.040 - Transfer and sale of state surplus supplies, materials or equipment; deposit of proceeds by Administrator of Purchasing Division.

1. The Administrator of the Purchasing Division of the Department of Administration may, upon the request of a state agency, transfer any surplus supplies, materials or equipment of another state agency to the requesting state agency without cost to the requesting state agency.
2. The Administrator of the Purchasing Division may sell any surplus supplies, materials or equipment which is not transferred to a state agency pursuant to the provisions of subsection 1. Unless otherwise authorized by the Director of the Office of Finance, the proceeds of the sale must be deposited in the fund from which the money to purchase the supplies, materials or equipment was expended.
[1:187:1913; 1919 RL p. 3057; NCL § 7075] + [2:187:1913; 1919 RL p. 3057; NCL § 7076]—(NRS A 1999, 1644)
2023 Nevada Revised Statutes › Chapter 334 - Purchasing: Generally › NRS 334.050 - Statutory authorization required for lease, purchase or acquisition of real property.

Unless otherwise provided by law, no state department, division, bureau, commission, board, authority or agency, and no state officer, commissioner, representative of the State, or other state employee acting by, for, or on account of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public funds, whether the funds are funds received from the Federal Government or any branch or agency thereof, or from private or any other sources, and whether or not its funds are deposited in the State Treasury, may lease, purchase or enter into any contract for the purchase of, or receive or acquire by gift, grant, devise or in any other manner, any real property.
(Added to NRS by 1960, 61)
2023 Nevada Revised Statutes › Chapter 334 - Purchasing: Generally › NRS 334.060 - Purchase of insurance or establishment of self-insurance reserve or fund to protect public property.

The State and any political subdivision or other governmental entity in this state may insure its property against the risk of damage or destruction, by purchase of a policy of insurance or by establishing a self-insurance reserve or fund, or a combination thereof.
(Added to NRS by 1977, 391)
2023 Nevada Revised Statutes › Chapter 334 - Purchasing: Generally › NRS 334.070 - Lease of property to promote conservation of energy; hearing.

1. The governing body or executive authority of any public body may enter into a contract to lease property which the public body owns or which is assigned to it for administration:
(a) At a reduced rate in return for the right to purchase energy at a reduced rate; or
(b) Whereby the lessee agrees to construct a facility designed to conserve energy on the property and thereafter lease the property back to the governing body.
2. The governing body or executive authority may enter into a contract pursuant to subsection 1 if it finds that the contract would:
(a) Promote the conservation of energy and reduce the use of fossil fuels;
(b) Promote the use of types of energy which are alternatives to fossil fuels; and
(c) Result in a reduction in the amount of money spent for the energy used by the public body, which reduction is equal to or greater than the amount of money by which the rate of the lease is reduced below market value.
3. A public hearing must be held before a contract is entered into pursuant to subsection 1. A notice which includes at least the time, location and agenda of the hearing must be:
(a) Posted at the principal office of the public body or the building in which the hearing is to be held; and
(b) Published in a paper of general circulation within the jurisdiction of the public body at least once a week for 2 weeks,
not less than 2 weeks before the hearing.
4. For the purposes of this section:
(a) "Facility designed to conserve energy" includes any work or improvement which operates to reduce the use of fossil fuel and use energy more efficiently, including equipment used in the production of alternative sources of energy, for cogeneration and for the maintenance and management of loads.
(b) "Public body" means the State or a county, city, town, school district or any public agency of this state or its political subdivisions.
(Added to NRS by 1983, 1248)
2023 Nevada Revised Statutes › Chapter 334 - Purchasing: Generally › NRS 334.080 - State or local governmental officer or employee required to refuse and report certain offers or promises from bidders on contracts and prohibited from offering or providing certain information to bidders.

1. An officer or employee of the State or a local government who receives an offer or promise of future employment, a business opportunity, money, a gratuity or any other thing of value from a person who has provided a bid or proposal on a contract for supplies, materials, equipment or services to be awarded by the State or local government or from an officer, employee, representative, agent or consultant of such a person shall:
(a) Refuse the offer or promise; and
(b) Within 72 hours after receiving the offer or promise, report the occurrence to his or her immediate supervisor or, if he or she does not have an immediate supervisor, to the administrative head of the agency by which he or she is employed. The requirement to report such an offer or promise pursuant to this paragraph applies regardless of whether the offer or promise is subsequently withdrawn.
2. Before a contract for supplies, materials, equipment or services is awarded by the State or a local government, an officer or employee of the State or local government shall not offer or provide to a person who has bid on the contract:
(a) Any proprietary information regarding the contract; or
(b) Any information regarding a bid on the contract submitted by another person, unless such information is available to the general public.
3. An officer or employee of the State or a local government who violates the provisions of subsection 1 or 2 is subject to disciplinary action.
4. As used in this section:
(a) "Local government" means any political subdivision of the State, including, without limitation, a county, city, town, school district, general improvement district or other district.
(b) "State" means the State of Nevada or any board, commission, department or other agency or instrumentality thereof.
(Added to NRS by 2007, 2469)
2023 Nevada Revised Statutes › Chapter 336 - Purchasing: Fleet Services Division › NRS 336.010 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 336.013 and 336.016 have the meanings ascribed to them in those sections.
(Added to NRS by 1961, 345; A 1963, 1063; 1973, 1466; 1993, 1567; 2013, 205)
2023 Nevada Revised Statutes › Chapter 336 - Purchasing: Fleet Services Division › NRS 336.030 - Purposes.

The purposes of the Fleet Services Division are:
1. To ensure economical utilization of state-owned vehicles.
2. To eliminate the unauthorized use of state-owned vehicles.
3. To provide a ready means of transportation for state employees and officers on state business.
4. To reduce the need for state employees to use private cars on official state business.
5. To provide a central administrative facility for the maintenance, care and operation of selected state-owned vehicles.
(Added to NRS by 1961, 345; A 2013, 205)
2023 Nevada Revised Statutes › Chapter 336 - Purchasing: Fleet Services Division › NRS 336.080 - Duties of Executive Officer.

The Executive Officer shall:
1. Be responsible for proper maintenance and storage of all vehicles assigned to the Fleet Services Division.
2. Maintain records:
(a) To show the location and operating and maintenance costs of vehicles assigned to the Fleet Services Division; and
(b) Of the type of fuel used by each vehicle assigned to the Fleet Services Division, which may include, without limitation, electric, gasoline, compressed natural gas, diesel, hydrogen or hybrid fuel sources.
(Added to NRS by 1961, 345; A 2013, 206; 2023, 1188)
2023 Nevada Revised Statutes › Chapter 336 - Purchasing: Fleet Services Division › NRS 336.090 - Department of Transportation may provide gasoline, service or repairs to vehicles assigned to Fleet Services Division or other state agencies.

To facilitate the economical operation of state-owned vehicles, the Department of Transportation may provide to the Fleet Services Division, or to any other state agency to which a state-owned vehicle is assigned, gasoline, service or minor repairs on a direct cost-plus-service-charge basis.
(Added to NRS by 1961, 345; A 1979, 1796; 2013, 206)
2023 Nevada Revised Statutes › Chapter 336 - Purchasing: Fleet Services Division › NRS 336.110 - Fleet Services Fund: Creation; uses; receipts.

1. The Fleet Services Fund is hereby created as an internal service fund. No money in the Fund may revert to the State General Fund at any time. Money from the Fleet Services Fund must be paid out on claims as other claims against the State are paid. The claims must be made in accordance with budget and quarterly work allotments and are subject to postaudit examination and approval.
2. All operating, maintenance and repair costs for vehicles assigned to the Fleet Services Division must be paid from the Fleet Services Fund and the accounting for depreciation must be accomplished in that Fund.
3. All agencies using vehicles of the Fleet Services Division shall pay a fee for the use and a proportionate share of operational costs in an amount determined by the Executive Officer. The formula for spreading costs of operation may be adjusted from time to time as may be necessary to replace worn vehicles, pay vehicle costs and defray the costs of the operation of the Fleet Services Division.
4. All fees, including amounts on account of depreciation accrued, costs and other money received by the Fleet Services Division, including all proceeds from the sale of vehicles, must be deposited with the State Treasurer for credit to the Fleet Services Fund.
(Added to NRS by 1961, 345; A 1963, 132; 1979, 106, 349; 1981, 256; 1985, 1; 2003, 628; 2013, 206)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.011 - Applicability: Contracts related to normal operation and normal maintenance; contracts related to emergency.

The requirements of this chapter do not apply to a contract:
1. Awarded in compliance with chapter 332 or 333 of NRS which is directly related to the normal operation of the public body or the normal maintenance of its property.
2. Awarded to meet an emergency which results from a natural or artificially created disaster and which threatens the health, safety or welfare of the public. If the public body or its authorized representative determines that an emergency exists, a contract or contracts necessary to contend with the emergency may be let without complying with the requirements of this chapter. If such emergency action was taken by the authorized representative, the authorized representative shall report the contract or contracts to the public body at the next regularly scheduled meeting of the public body.
(Added to NRS by 1981, 526; A 2003, 2414)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.0115 - Inapplicability of this chapter and chapters 332 and 339 of NRS to certain projects constructed by private developers.

1. Except as otherwise provided in subsection 2, the provisions of this chapter and chapters 332 and 339 of NRS do not apply to a contract under which a private developer, for the benefit of a private development, constructs a water or sewer line extension and any related appurtenances:
(a) Which qualify as a public work pursuant to NRS 338.010; and
(b) For which the developer will receive a monetary contribution or refund from a public body as reimbursement for a portion of the costs of the project.
2. If, pursuant to the provisions of such a contract, the developer is not responsible for paying all of the initial construction costs of the project, the provisions of NRS 338.0117, 338.013 to 338.090, inclusive, and 338.1373 to 338.148, inclusive, apply to the contract.
(Added to NRS by 1995, 2648; A 1999, 2397; 2011, 41)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.01155 - Legislative findings and declarations: Payment of prevailing wages.

The Legislature hereby finds and declares that:
1. The payment of prevailing wages to workers on public works projects that are funded in whole or in part by public money is essential to:
(a) The economic well-being of this State;
(b) Increasing the number of skilled construction workers in this State;
(c) Enhancing the workforce in this State; and
(d) Increasing redevelopment opportunities in this State.
2. To ensure the intentions set forth in subsection 1 are upheld, careful scrutiny of novel leasing and financing arrangements entered into or incentives offered by public bodies for the construction of public works is necessary to ensure that workers on public works projects are paid prevailing wages.
(Added to NRS by 2023, 3377)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.0116 - Legislative findings and declarations.

The Legislature hereby finds and declares that:
1. A skilled workforce in construction is essential to the economic well-being of this State;
2. Apprenticeship programs are a proven method of training a skilled workforce in construction; and
3. Requiring the use of apprentices on the construction of public works will ensure the availability of a skilled workforce in construction in the future for this State.
(Added to NRS by 2019, 3153)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.0118 - Adoption by local government of policies providing for use of certain recycled materials in public road and highway projects; use of such materials; exception.

1. The governing body of a local government that undertakes a project pursuant to this chapter for the construction, reconstruction, improvement, maintenance or repair of a public road or public highway shall adopt policies that provide for the use of recycled aggregate, recycled bituminous pavement and recycled rubber from tires in the project.
2. A local government or its authorized representative which awards a contract for a public work which includes the construction, reconstruction, improvement, maintenance or repair of a public road or public highway shall ensure that the use of any recycled aggregate, recycled bituminous pavement or recycled rubber from tires, or any combination thereof, in the construction, reconstruction, improvement, maintenance or repair of the public road or public highway is not restricted unless scientific evidence satisfactory to the local government clearly indicates that the use of the recycled aggregate, recycled bituminous pavement or recycled rubber from tires for that construction, reconstruction, improvement, maintenance or repair compromises the soundness of the project.
(Added to NRS by 2011, 1602)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.012 - Regulations of Labor Commissioner.

1. The Labor Commissioner may adopt such regulations as are necessary to enable the Labor Commissioner to carry out his or her duties pursuant to the provisions of this chapter.
2. Any regulation adopted by the Labor Commissioner pursuant to this chapter must be consistent with the declaration of legislative intent set forth in NRS 338.01155.
(Added to NRS by 1983, 1361; A 2023, 3377)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.013 - Inclusion of identifying number from Labor Commissioner in advertisement or solicitation and bids and other responsive documents; reports by public bodies and contractors to Labor Commissioner.

1. A public body that undertakes a public work shall request from the Labor Commissioner, and include in any advertisement or other type of solicitation, an identifying number with a designation of the work. That number must be included in any bid or other document submitted in response to the advertisement or other type of solicitation.
2. Each public body which awards a contract for any public work shall report its award to the Labor Commissioner within 10 days after the award, giving the name and address of the contractor to whom the public body awarded the contract and the identifying number for the public work.
3. Each contractor engaged on a public work shall report to the Labor Commissioner and the public body that awarded the contract the name and address of each subcontractor whom the contractor engages for work on the project within 10 days after the subcontractor commences work on the contract and the identifying number for the public work.
4. The public body which awarded the contract shall report the completion of all work performed under the contract to the Labor Commissioner before the final payment of money due the contractor by the public body.
(Added to NRS by 1977, 789; A 1985, 2039; 1997, 3081; 2003, 2414; 2009, 2069)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.015 - Enforcement by Labor Commissioner and Attorney General.

1. The Labor Commissioner shall enforce the provisions of NRS 338.010 to 338.130, inclusive.
2. Except as otherwise provided in NRS 338.035 and in addition to any other remedy or penalty provided in this chapter, if any person, including, without limitation, a public body, violates any provision of NRS 338.010 to 338.130, inclusive, or any regulation adopted pursuant thereto, the Labor Commissioner may, after providing the person with notice and an opportunity for a hearing, impose against the person an administrative penalty of not more than $5,000 for each such violation.
3. The Labor Commissioner may, by regulation, establish a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the person pursuant to this section.
4. The Labor Commissioner shall report the violation to the Attorney General, and the Attorney General may prosecute the person in accordance with law.
(Added to NRS by 1973, 874; A 1993, 2248; 2001, 1146; 2003, 798; 2005, 202; 2019, 699, 3155)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.016 - Civil action against contractor after imposition of administrative penalty to recover damages resulting from commission of offense; rebuttable presumption; costs and attorney’s fees.

1. If, after an opportunity for a hearing, an administrative penalty is imposed against a contractor on a public work for the commission of an offense:
(a) An eligible bidder, or any person who entered into a contract with the eligible bidder before bids for the contract for the public work were let, may commence a civil action against the contractor to recover damages suffered as a proximate result of the eligible bidder not being awarded the contract for the public work.
(b) There is a rebuttable presumption that the contractor was awarded the contract for the public work because the contractor’s bid on the contract was based, in part, on his or her intent to commit the offense and, as a result, was lower than it otherwise would have been.
2. The court may award costs and reasonable attorney’s fees to the prevailing party in any action brought pursuant to this section.
(Added to NRS by 1993, 2247; A 2003, 799)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.017 - Temporary prohibition or disqualification of contractor from award of contract after imposition of administrative penalty or debarment by Federal Government; notification of State Contractors’ Board.

1. If any administrative penalty is imposed pursuant to this chapter against a person for the commission of an offense, that person, and the corporate officers, if any, of that person, may not be awarded a contract for a public work:
(a) For the first offense, for a period of 3 years after the date of the imposition of the administrative penalty; and
(b) For the second or subsequent offense, for a period of 5 years after the date of the imposition of the administrative penalty.
2. A person, and the corporate officers, if any, of that person, who is identified in the System for Award Management Exclusions operated by the General Services Administration as being excluded from receiving contracts from the Federal Government pursuant to 48 C.F.R. §§ 9.400 et seq. as a result of being debarred may not be awarded a contract for a public work for the period of debarment of the contractor from receiving contracts from the Federal Government.
3. The Labor Commissioner, upon learning that a contractor has been excluded from receiving contracts from the Federal Government pursuant to 48 C.F.R. §§ 9.400 et seq. as a result of being debarred, shall disqualify the contractor from being awarded a contract for a public work as provided in subsection 2.
4. The Labor Commissioner shall notify the State Contractors’ Board of each contractor who is prohibited or disqualified from being awarded a contract for a public work pursuant to this section.
(Added to NRS by 1993, 2247; A 2001, 1146; 2003, 2145; 2015, 2720)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.018 - Applicability to certain contracts for construction work of Nevada System of Higher Education.

The provisions of NRS 338.013 to 338.018, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds $100,000 even if the construction work does not qualify as a public work, as defined in NRS 338.010.
(Added to NRS by 2005, 2890; A 2013, 2966; 2015, 2381; 2017, 4035; 2019, 700, 931, 1580; 2021, 736, 2218)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.025 - Prevailing wage regions.

For the purpose of determining the prevailing rate of wages pursuant to NRS 338.030, four prevailing wage regions are hereby established in this State as follows:
1. The Washoe Prevailing Wage Region consisting of Washoe County;
2. The Northern Rural Prevailing Wage Region consisting of Carson City and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Storey, Pershing and White Pine;
3. The Clark Prevailing Wage Region consisting of Clark County; and
4. The Southern Rural Prevailing Wage Region consisting of the counties of Esmeralda, Lincoln and Nye.
(Added to NRS by 2019, 2527)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.040 - Workers deemed to be employed on public works; regulations.

1. Except as otherwise provided by specific statute, workers who are:
(a) Employed at the site of a public work; and
(b) Necessary in the execution of the contract for the public work,
are deemed to be employed on public works.
2. The Labor Commissioner shall adopt regulations to define the circumstances under which a worker is:
(a) Employed at the site of a public work; and
(b) Necessary in the execution of the contract for the public work.
[3:139:1937; A 1941, 389; 1931 NCL § 6179.53]—(NRS A 2001, 1147)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.050 - Contractual relationships: Applicability of NRS 338.010 to 338.090, inclusive.

For the purpose of NRS 338.010 to 338.090, inclusive, except as otherwise provided by specific statute, every worker who performs work for a public work covered by a contract therefor is subject to all of the provisions of NRS 338.010 to 338.090, inclusive, regardless of any contractual relationship alleged to exist between such worker and his or her employer.
[4:139:1937; A 1941, 389; 1931 NCL § 6179.54]—(NRS A 2001, 1148; 2005, 2891; 2013, 1026; 2023, 3377)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.072 - Requirement for subcontractor to hold state business license.

A subcontractor who enters into a subcontract for a public work shall not accept or otherwise receive any public money for the public work, including, without limitation, accepting or receiving any public money as a payment from a contractor, unless the subcontractor is the holder of a state business license issued pursuant to chapter 76 of NRS.
(Added to NRS by 2013, 1026)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.075 - Applicability to certain contracts for construction work of Nevada System of Higher Education.

The provisions of NRS 338.020 to 338.090, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds $100,000 even if the construction work does not qualify as a public work, as defined in NRS 338.010.
(Added to NRS by 2005, 2890; A 2013, 2966, 2967; 2015, 2653; 2017, 4035; 2019, 703, 933, 1580; 2021, 736, 2218)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.080 - Exemptions.

Except as otherwise provided in NRS 226.826, none of the provisions of NRS 338.020 to 338.090, inclusive, apply to:
1. Apprentices recorded under the provisions of chapter 610 of NRS.
2. Any contract for a public work whose estimated cost is less than $100,000. A unit of the project must not be separated from the total project, even if that unit is to be completed at a later time, in order to lower the estimated cost of the project below $100,000.
[9:139:1937; 1931 NCL § 6179.59] + [8:169:1941; 1931 NCL § 6179.62]—(NRS A 1967, 34; 1985, 2041; 2003, 2416; 2013, 1026; 2015, 2654; 2017, 4140; 2019, 933; 2021, 3816; 2023, 35th Special Session, 44)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.090 - Penalties.

1. Except as otherwise provided in subsection 5, any person, including the officers, agents or employees of a public body, who violates any provision of NRS 338.010 to 338.090, inclusive, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.
2. The Labor Commissioner, in addition to any other remedy or penalty provided in this chapter:
(a) Shall, except as otherwise provided in subsection 4, assess a person who, after an opportunity for a hearing, is found to have failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid;
(b) Shall require a person found to have willfully and repeatedly failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, to pay damages to each affected worker in an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid to the worker; and
(c) May, in addition to any other administrative penalty, impose an administrative penalty not to exceed the costs incurred by the Labor Commissioner to investigate and prosecute the matter.
3. If the Labor Commissioner finds that a person has failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, the public body may, in addition to any other remedy or penalty provided in this chapter, require the person to pay the actual costs incurred by the public body to investigate the matter.
4. The Labor Commissioner is not required to assess a person an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid if the contractor or subcontractor has already paid that amount to a worker pursuant to paragraph (c) of subsection 4 of NRS 338.035.
5. The provisions of subsection 1 do not apply to a subcontractor specified in NRS 338.072.
[7 1/2:139:1937; A 1941, 389; 1931 NCL § 6179.57 1/2]—(NRS A 1967, 553; 1985, 2041; 1993, 2248; 2001, 1149; 2003, 799, 2417; 2013, 1027; 2019, 703; 2023, 451)