Nevada Administrative Code › Chapter 408 - Highways, Roads and Transportation Facilities › TRANSPORTATION FACILITIES › Proposals for Transportation Facilities › Section 408.670 - Authority of Department in processing, reviewing and evaluating proposals

Current through June 11, 2024
In processing, reviewing and evaluating solicited and
				  unsolicited proposals pursuant to the provisions of NAC 408.650 to 408.698,
				  inclusive, the Department may:
1.
				Issue a request for qualifications or a request for proposals.
2. Request or obtain additional information
				concerning any proposer, any person who submits a qualification submittal, any
				qualification submittal or any proposal from any source.
3. Modify or cancel any request for
				qualifications or request for proposals at any time.
4. Modify the scope of the proposed project
				drawn from an unsolicited proposal in order to issue a request for
				qualifications or a request for proposals or for any other purpose that is, as
				determined by the Department, in the best interest of the Department or of the
				public. The Department may use proprietary information or intellectual property
				contained in an unsolicited proposal as part of a request for proposals or
				request for qualifications and may award a contract based on that request for
				proposals or request for qualifications to a proposer other than the proposer
				who submitted the unsolicited proposal.
5. Waive any minor deficiencies in a
				qualification submittal or in a proposal.
6. Allow a person who submits a qualification
				submittal or a proposal to correct minor deficiencies in or clarify or
				supplement the qualification submittal or proposal.
7. Issue a new request for qualifications or
				a new request for proposals at any time.
8. Reject any qualification submittal or any
				proposal at any time.
9. Determine
				the elements, timing and depth of any processing, review or evaluation of any
				qualification submittal or proposal.
10. Terminate the processing, review or
				evaluation of any qualification submittal or any proposal, whether solicited or
				unsolicited, at any time.
11. Issue
				a request for qualifications for a project drawn from an unsolicited proposal
				if the unsolicited proposal is rejected or evaluation of the unsolicited
				proposal is terminated.
12. Suspend
				or terminate negotiations with any proposer at any time before the execution of
				an agreement of the parties.
13.
				Negotiate with a proposer without being bound to any provision in his or her
				proposal.
14. Negotiate with a
				proposer to include aspects of unsuccessful proposals for that project in the
				successful proposal and subsequent agreement or contract.
15. Negotiate with a subsequent proposer if
				negotiations with the apparent successful proposer are unsuccessful or if
				financial close with the apparent successful proposer does not occur, if
				applicable.
16. Issue a request for
				best and final offers.
17. Retain
				or return any portion of the fees required to be paid by a proposer pursuant to
				NAC 408.678.
Added to NAC by Dep't
				  of Transportation by R172-09, eff. 4-20-2010
NRS
					 408.100,
					 408.215,
					 408.548