reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › General Provisions › Section 338.142 - "Public work" defined

Current through June 11, 2024
"Public work" means a public work, as defined in
				  NRS 338.010, that is
				  under the jurisdiction of the Division.
Added to NAC by Pub.
				  Works Bd. by R095-04, eff. 12-15-2004; A by R100-11,
				  5-30-2012
NRS
					 338.1375,
					 338.1376,
					 341.070,
					 341.110
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › General Provisions › Section 338.144 - "Substantial completion" defined

Current through June 11, 2024
"Substantial completion" means that the construction of a
				  public work is, in accordance with the contract documents, sufficiently
				  complete that the owner can occupy and utilize the public work for its intended
				  use.
Added to NAC by Pub.
				  Works Bd. by R095-04, eff. 12-15-2004
NRS
					 338.1375,
					 338.1376
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Prime Contractors › Section 338.150 - Definitions

Current through June 11, 2024
As used in NAC 338.150 to 338.290, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 338.170 to
				  338.231, inclusive, have the meanings ascribed to them in those
				  sections.
Added to NAC by Pub.
				  Works Bd. by R085-01, eff. 12-17-2001; A by R095-04, 12-15-2004; R099-09,
				  10-15-2010
NRS
					 338.1375,
					 338.13895,
					 341.110
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Prime Contractors › Section 338.170 - "Bidder" defined

Current through June 11, 2024
"Bidder" means a prime contractor who has been determined to
				  be qualified to bid on one or more contracts for public works pursuant to NAC
				  338.260.
Added to NAC by Pub.
				  Works Bd. by R085-01, eff. 12-17-2001; A by R095-04,
				  12-15-2004
NRS
					 338.1375
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Prime Contractors › Section 338.181 - "Business entity associated with the principal personnel" defined

Current through June 11, 2024
"Business entity associated with the principal personnel"
				  means a business entity in which a principal personnel of a prime contractor is
				  or was the sole proprietor, a partner, the chair or a member of the board of
				  directors, or a shareholder owning 10 percent or more of outstanding stock in
				  the business entity.
Added to NAC by Pub.
				  Works Bd. by R095-04, eff. 12-15-2004
NRS
					 338.1375
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Prime Contractors › Section 338.190 - "Committee" defined

Current through June 11, 2024
"Committee" means the committee appointed pursuant to NAC
				  338.260.
Added to NAC by Pub.
				  Works Bd. by R085-01, eff. 12-17-2001
NRS
					 338.1375
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Prime Contractors › Section 338.200 - "Cost category" defined

Current through June 11, 2024
"Cost category" means the category of public works set forth
				  in paragraph (b) of subsection 2 of NAC 338.250 for which a prime contractor
				  may apply to be qualified for a 2-year period to submit bids.
Added to NAC by Pub.
				  Works Bd. by R085-01, eff. 12-17-2001; A by R095-04,
				  12-15-2004
NRS
					 338.1375
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Prime Contractors › Section 338.220 - "Principal personnel" defined

Current through June 11, 2024
"Principal personnel" means the owner, partner and any
				  corporate officer and any qualified employee listed on the contractor's license
				  of the prime contractor.
Added to NAC by Pub.
				  Works Bd. by R085-01, eff. 12-17-2001; A by R095-04,
				  12-15-2004
NRS
					 338.1375
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Prime Contractors › Section 338.231 - "Successfully completed project" defined

Current through June 11, 2024
"Successfully completed project" means that the contract or
				  the portion of the contract for which the prime contractor was responsible was
				  completed:
1. Within the deadline for
				completion specified in the contract, as adjusted by any change order or
				extension of time granted; and
2.
				In compliance with any remaining contractual requirements, including close-out
				documents, within 90 days after the substantial completion of the
				contract.
Added to NAC by Pub.
				  Works Bd. by R095-04, eff. 12-15-2004
NRS
					 338.1375
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Prime Contractors › Section 338.240 - Criteria for qualification for public work with estimated cost of $100,000 or more; pertinent documentation and information; exceptions

Current through June 11, 2024
1. Except as otherwise provided in subsection
				3, the following criteria must be used to determine whether a prime contractor
				is qualified to bid on a contract for one or more public works for which the
				estimated cost is $100,000 or more:
(a) The
				financial ability of the prime contractor to perform the contract. The prime
				contractor must include with the application submitted pursuant to NAC 338.250:
(1) Evidence that the prime contractor is
				properly licensed pursuant to chapter 624 of NRS.
(2) A statement regarding whether the prime
				contractor, the principal personnel or any business entity associated with the
				principal personnel has filed as a debtor under the United States Bankruptcy
				Code during the 5 years immediately preceding the date of the
				application.
(3) A certified
				original statement of the bonding capacity of the prime contractor obtained for
				a surety which is authorized to issue bid, performance and payment bonds in
				this State and which:
(I) Has received a
				rating of "A-" or better, as determined by A.M. Best Company of Oldwick, New
				Jersey; and
(II) For a contract
				that:
(i) Is more than $5,000,000, is
				classified in a financial size category of "VII" or better, as determined by
				A.M. Best Company of Oldwick, New Jersey, and is included on the list of
				approved sureties in Circular 570 of the United States Department of the
				Treasury; or
(ii) Is $5,000,000 or
				less, is included on the list of approved sureties in Circular 570 of the
				United States Department of the Treasury.
The requirements of sub-subparagraphs (I) and (II) do not
				  apply if the surety is Lloyd's of London. The certified original statement must
				  specify the single and aggregate limits on and the available bonding capacity
				  of the prime contractor to work on a public work.
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Prime Contractors › Section 338.245 - Criteria for qualification for public work with estimated cost of less than $100,000; pertinent documentation and information

Current through June 11, 2024
1. The following criteria must be used to
				determine whether a prime contractor is qualified to bid on a contract for one
				or more public works for which the estimated cost is less than $100,000:
(a) The financial ability of the prime
				contractor to perform the contract. The prime contractor must include with the
				application submitted pursuant to NAC 338.250:
(1) Evidence that the prime contractor is
				properly licensed pursuant to chapter 624 of NRS.
(2) A statement regarding whether the prime
				contractor, principal personnel or any business entity associated with the
				principal personnel has filed as a debtor under the United States Bankruptcy
				Code during the 5 years immediately preceding the date of the
				application.
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Prime Contractors › Section 338.250 - Application for qualification; eligibility to bid on public work

Current through June 11, 2024
1. To qualify to bid on one or more contracts
				for public works, a prime contractor must:
(a)
				Submit an application to the Administrator on a form prescribed and provided by
				the Board.
(b) Be qualified before
				bids are required to be submitted for a public work on which the prime
				contractor wishes to bid. The Division will not delay the opening of bids on a
				public work pending the determination or appeal of the qualification of a prime
				contractor who wishes to bid on the public work.
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Prime Contractors › Section 338.260 - Action on application; period of qualification; reapplication after denial of application; denial of request to withdraw application

Current through June 11, 2024
1. The Administrator shall appoint a
				committee consisting of a deputy administrator and at least two other employees
				of the Division to review and score applications submitted pursuant to NAC
				338.250 to determine whether a prime contractor is qualified to bid on one or
				more contracts for public works. Such a determination must be made within 45
				days after receipt of the completed application by the Division.
2. The committee shall calculate the scores
				of applications based on the weights of the criteria set forth in NAC 338.240
				or 338.245 that are prescribed by the Board. In addition to the information
				provided by a prime contractor in his or her application submitted pursuant to
				NAC 338.250, the committee:
(a) May consider
				any other verifiable information relating to the criteria set forth in NAC
				338.240 or 338.245 that is provided to or discovered by the Division or its
				employees regarding the application to determine whether the prime contractor
				is qualified to bid on one or more contracts for public works; and
(b) Shall consider each final evaluation of
				the performance of the prime contractor on a public work of this State that was
				provided to the prime contractor pursuant to NAC 338.285 on or after September
				18, 2008, and within the 5 years immediately preceding the date of the
				application to determine whether the prime contractor is qualified to bid on
				one or more contracts for public works.
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Prime Contractors › Section 338.270 - Appeal of determination that prime contractor is not qualified; hearings on appeals

Current through June 11, 2024
1. Within 10 days
				after receipt of notice pursuant to NAC 338.260 that he or she has been
				determined to be not qualified, a prime contractor may appeal the determination
				by filing a request for a hearing with the Board. The request must set forth
				the basis for the appeal. The prime contractor may, at the time the prime
				contractor files the request, submit copies of any documents that support his
				or her appeal.
2. The Board shall
				appoint a board of appeals consisting of three of its members to conduct
				hearings on appeals filed pursuant to NAC 338.150 to 338.290, inclusive, and
				shall designate one of the members of the board of appeals to serve as
				chair.
3. For each such appeal, the
				board of appeals shall, in accordance with
				NRS
				338.1381:
(a) Set the matter for a hearing;
(b) Provide notice of the hearing;
				and
(c) Hold the hearing at a time
				and place prescribed by the board of appeals.
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Prime Contractors › Section 338.280 - Revocation of qualification

Current through June 11, 2024
1. The
				qualification of a bidder will be revoked if, after an investigation, the
				committee determines that:
(a) The bidder no
				longer meets one or more of the criteria set forth in NAC 338.240 or 338.245;
				or
(b) The application submitted by
				the bidder contained materially false information or the bidder failed to
				disclose materially relevant information in the application, unless, pursuant
				to this section, the bidder appeals the determination of the committee within
				the time prescribed for an appeal in subsection 3 and the board of appeals
				reverses the determination.
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Prime Contractors › Section 338.285 - Evaluation of performance of prime contractor on public work

Current through June 11, 2024
1. Within 30 days after the final completion
				of a public work, the Division or its designee will provide the prime
				contractor on the public work with a copy of an initial evaluation of the
				performance of the prime contractor on the public work. The initial evaluation
				must be prepared by the employee of the Division who was primarily responsible
				for managing the public work and must be approved by the supervisor of the
				employee.
2. Within 30 days after
				receipt of an initial evaluation pursuant to subsection 1, a prime contractor
				may submit to the Division or its designee a response to the initial
				evaluation, which must include, without limitation, any information or
				documentation that the prime contractor determines is relevant to the initial
				evaluation.
3. The Division or its
				designee will provide to the prime contractor a copy of the final evaluation of
				the performance of the prime contractor on the public work:
(a) If the prime contractor submitted a
				response pursuant to subsection 2, within 30 days after receipt of the response
				by the Division or its designee.
(b) If the prime contractor did not submit a
				response pursuant to subsection 2, within 60 days after provision of the
				initial evaluation to the prime contractor pursuant to subsection 1.
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Prime Contractors › Section 338.290 - Notification of Division regarding change to or renewal of license of qualified bidder

Current through June 11, 2024
A prime contractor who has been determined to be qualified as
				  a bidder shall inform the Division within 10 days after any change to, or
				  renewal of, any license issued to the prime contractor pursuant to chapter 624
				  of NRS.
Added to NAC by Pub.
				  Works Bd. by R095-04, eff. 12-15-2004; A by R100-11,
				  5-30-2012
NRS
					 338.1375,
					 341.070,
					 341.110
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Subcontractors › Section 338.300 - Definitions

Current through June 11, 2024
As used in NAC 338.300 to 338.410, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 338.310 to
				  338.360, inclusive, have the meanings ascribed to them in those
				  sections.
Added to NAC by Pub.
				  Works Bd. by R095-04, eff. 12-15-2004
NRS
					 338.1376
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Subcontractors › Section 338.310 - "Business entity associated with the principal personnel" defined

Current through June 11, 2024
"Business entity associated with the principal personnel"
				  means a business entity in which the principal personnel of a subcontractor is
				  or was the sole proprietor, a partner, the chair or a member of the board of
				  directors, or a shareholder owning 10 percent or more of outstanding stock in
				  the business entity.
Added to NAC by Pub.
				  Works Bd. by R095-04, eff. 12-15-2004
NRS
					 338.1376
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Subcontractors › Section 338.320 - "Committee" defined

Current through June 11, 2024
"Committee" means the committee appointed pursuant to NAC
				  338.390.
Added to NAC by Pub.
				  Works Bd. by R095-04, eff. 12-15-2004
NRS
					 338.1376
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Subcontractors › Section 338.330 - "Cost category" defined

Current through June 11, 2024
"Cost category" means the category of public works set forth
				  in NAC 338.380 for which a subcontractor may be required to apply for
				  qualification.
Added to NAC by Pub.
				  Works Bd. by R095-04, eff. 12-15-2004
NRS
					 338.1376
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Subcontractors › Section 338.340 - "Principal personnel" defined

Current through June 11, 2024
"Principal personnel" means the owner and any corporate
				  officer or qualified employee listed on the contractor's license of the
				  subcontractor.
Added to NAC by Pub.
				  Works Bd. by R095-04, eff. 12-15-2004
NRS
					 338.1376
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Subcontractors › Section 338.350 - "Subcontractor" defined

Current through June 11, 2024
"Subcontractor" has the meaning ascribed to it in
				  NRS 338.010.
Added to NAC by Pub.
				  Works Bd. by R095-04, eff. 12-15-2004
NRS
					 338.1376
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Subcontractors › Section 338.360 - "Successfully completed project" defined

Current through June 11, 2024
"Successfully completed project" means that the construction
				  or the portion of the construction for which the subcontractor was responsible
				  was completed:
1. Within the deadline
				for completion specified in the contract, as adjusted by any change order or
				extension of time granted; and
2.
				In compliance with any remaining contractual requirements, including close-out
				documents, within 90 days after substantial completion of the
				contract.
Added to NAC by Pub.
				  Works Bd. by R095-04, eff. 12-15-2004
NRS
					 338.1376
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Subcontractors › Section 338.370 - Criteria for qualification; pertinent documentation and information; list of subcontractors determined not to be qualified

Current through June 11, 2024
1. The
				following criteria will be used to determine whether a subcontractor who
				submits an application for qualification is qualified pursuant to
				NRS
				338.1376 to be included in a bid:
(a) The financial ability of the
				subcontractor to perform the contract. The subcontractor must include with his
				or her application for qualification:
(1) A
				certified original statement of the bonding capacity of the subcontractor
				obtained from a surety which is authorized to issue bid, performance and
				payment bonds in this State and which:
(I) Has
				received a rating of "A-" or better, as determined by A.M. Best Company of
				Oldwick, New Jersey; and
(II) Is
				included on the list of approved sureties in Circular 570 of the Department of
				the Treasury.
The requirements of sub-subparagraphs (I) and (II) do not
				  apply if the surety is Lloyd's of London. The certified original statement must
				  specify the present single and aggregate limits of the subcontractor to work on
				  a public work.
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Subcontractors › Section 338.380 - Application for qualification; disqualification; inclusion of subcontractor in bid

Current through June 11, 2024
1. If, pursuant to
				subsection 3 of
				NRS
				338.1376, a subcontractor is required to
				submit an application for qualification to be included in a bid pursuant to
				NRS
				338.141, the Administrator shall notify the
				subcontractor of that fact in writing by certified mail. The subcontractor must
				submit a completed application for qualification to the Administrator, on a
				form provided by the Board, not later than 30 days after the date on which the
				subcontractor received the notice. If a completed application for qualification
				from the subcontractor is not timely received by the Division, the
				subcontractor shall be deemed to be disqualified for 1 year commencing on the
				31st day after the date on which the subcontractor received the notice. This
				subsection does not preclude the Division from removing a subcontractor
				pursuant to paragraph (a) of subsection 5 of
				NRS
				338.141.
2. The Division will specify in each
				application for qualification the cost categories of:
(a) Less than $1,000,000;
(b) One million dollars to $5,000,000;
				and
(c) More than $5,000,000, for
				which a subcontractor may be qualified, which are based on the estimated cost
				of that portion of the work for which the subcontractor will be responsible. If
				a subcontractor is qualified to be included in a bid pursuant to
				NRS
				338.141 in one of the cost categories
				specified in this subsection, the subcontractor may be included in a bid
				pursuant to
				NRS
				338.141 in any lower cost category.
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Subcontractors › Section 338.390 - Action on application; period of disqualification; reapplication after disqualification; denial of withdrawal of application

Current through June 11, 2024
1. The
				Administrator shall appoint a committee consisting of a deputy administrator
				and at least two other employees of the Division to review and score
				applications for qualification submitted pursuant to
				NRS
				338.1376 to determine whether a subcontractor
				is qualified to be included in a bid pursuant to
				NRS
				338.141. Such a determination must be made
				within 45 days after the date on which the Division receives the completed
				application for qualification.
2.
				The committee shall calculate the scores of applications for qualification
				based on the weights of the criteria set forth in NAC 338.370 that are
				prescribed by the Board. In addition to the information provided by a
				subcontractor in an application for qualification, the committee may consider
				any other verifiable information relating to the criteria set forth in NAC
				338.370 that is provided to or discovered by the Division or its employees
				regarding the application for qualification to determine whether the
				subcontractor is qualified to be included in a bid pursuant to
				NRS
				338.141.
3. If, after reviewing and scoring an
				application for qualification, the committee determines that a subcontractor
				is:
(a) Qualified to be included in a bid
				pursuant to
				NRS
				338.141, the Administrator shall provide
				written notice to the subcontractor by certified mail within 10 days after that
				determination.
(b) Not qualified to
				be included in a bid pursuant to
				NRS
				338.141, the Administrator shall provide
				written notice to the subcontractor by certified mail within 10 days after that
				determination. The notice must include, without limitation, the reasons on
				which the determination that the subcontractor was not qualified was based and
				must inform the subcontractor of his or her right to appeal the
				disqualification pursuant to
				NRS
				338.1381 and NAC 338.400.
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Subcontractors › Section 338.400 - Appeal of disqualification; hearings on appeals

Current through June 11, 2024
1.
				Within 10 days after receipt of notice that he or she has been disqualified by
				the committee from participating on a public work pursuant to NAC 338.390, a
				subcontractor may appeal the determination by filing a request for a hearing
				with the Board. The request must set forth the basis for the appeal. The
				subcontractor may, at the time the subcontractor files the request, submit
				copies of any documents that support his or her appeal.
2. The Board shall appoint a board of appeals
				consisting of three of its members to conduct hearings on appeals filed
				pursuant to NAC 338.300 to 338.410, inclusive, and shall designate one of the
				members of the board of appeals to serve as chair.
3. For each such appeal, the board of appeals
				shall, in accordance with
				NRS
				338.1381:
(a) Set the matter for a hearing;
(b) Provide notice of the hearing;
				and
(c) Hold the hearing at a time
				and place prescribed by the board of appeals.
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Qualification of Bidders: Subcontractors › Section 338.410 - Revocation of qualification

Current through June 11, 2024
1. The committee
				shall revoke its determination that a subcontractor is qualified to be included
				in a bid pursuant to
				NRS
				338.141 if, after an investigation, the
				committee finds that:
(a) The subcontractor no
				longer meets one or more of the criteria set forth in NAC 338.370; or
(b) The application for qualification
				submitted by the subcontractor contained materially false information or the
				subcontractor failed to disclose materially relevant information in the
				application.
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Preference for Bids on Smaller Contracts Submitted by Local Businesses Owned and Operated by Veterans With Service-Connected Disabilities › Section 338.420 - Definitions

Current through June 11, 2024
As used in NAC 338.420 to 338.460, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 338.425, 338.430
				  and 338.440 have the meanings ascribed to them in those
				  sections.
Added to NAC by Pub.
				  Works Bd. by R075-18, eff. 12-19-2018
NRS
					 338.1375,
					 338.13844,
					 338.13847,
					 341.070,
					 341.110
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Preference for Bids on Smaller Contracts Submitted by Local Businesses Owned and Operated by Veterans With Service-Connected Disabilities › Section 338.425 - "Business owned and operated by a veteran with a service-connected disability" defined

Current through June 11, 2024
"Business owned and operated by a veteran with a
				  service-connected disability" has the meaning ascribed to it in
				  NRS
				  338.13841.
Added to NAC by Pub.
				  Works Bd. by R075-18, eff. 12-19-2018
NRS
					 338.1375,
					 338.13844,
					 338.13847,
					 341.070,
					 341.110
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Preference for Bids on Smaller Contracts Submitted by Local Businesses Owned and Operated by Veterans With Service-Connected Disabilities › Section 338.430 - "Local business" defined

Current through June 11, 2024
"Local business" has the meaning ascribed to it in
				  NRS
				  333.3363.
Added to NAC by Pub.
				  Works Bd. by R075-18, eff. 12-19-2018
NRS
					 338.1375,
					 338.13844,
					 338.13847,
					 341.070,
					 341.110
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Preference for Bids on Smaller Contracts Submitted by Local Businesses Owned and Operated by Veterans With Service-Connected Disabilities › Section 338.440 - "Veteran with a service-connected disability" defined

Current through June 11, 2024
"Veteran with a service-connected disability" has the meaning
				  ascribed to it in
				  NRS
				  338.13843.
Added to NAC by Pub.
				  Works Bd. by R075-18, eff. 12-19-2018
NRS
					 338.1375,
					 338.13844,
					 338.13847,
					 341.070,
					 341.110
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Preference for Bids on Smaller Contracts Submitted by Local Businesses Owned and Operated by Veterans With Service-Connected Disabilities › Section 338.450 - Application; list of businesses qualified to receive preference

Current through June 11, 2024
1. To qualify to receive the preference set
				forth in
				NRS
				338.13844, a business must:
(a) Submit an application to the
				Administrator on a form prescribed and provided by the Board; and
(b) Certify in writing on the application and
				include with the application documentation evidencing that the business is:
(1) A local business; and
(2) A business owned by a veteran with a
				service-connected disability.
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › Preference for Bids on Smaller Contracts Submitted by Local Businesses Owned and Operated by Veterans With Service-Connected Disabilities › Section 338.460 - Preference for public work with estimated cost of more than $100,000 but less than $250,000: Application; maintenance and posting of list of businesses qualified to receive preference

Current through June 11, 2024
1. To qualify to
				receive the preference set forth in subsection 2 of
				NRS
				338.13844, a business must:
(a) Submit an application to the
				Administrator on a form prescribed and provided by the Board; and
(b) Certify in writing on the application and
				include with the application documentation evidencing that the business is:
(1) A local business; and
(2) A 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.
Nevada Administrative Code › Chapter 338 - Public Works Projects › CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK › Construction Managers at Risk › Section 338.500 - Qualifications

Current through June 11, 2024
To qualify to enter into a contract with the Division for
				  preconstruction services and to construct a public work, a construction manager
				  at risk must:
1. Be qualified to bid
				on a public work of the State pursuant to
				NRS
				338.1379; and
2. Satisfy the criteria set forth in
				NRS
				338.1691.
Added to NAC by Pub.
				  Works Bd. by R098-11, eff. 5-30-2012
NRS
					 341.070,
					 341.110
Nevada Administrative Code › Chapter 338 - Public Works Projects › CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK › Construction Managers at Risk › Section 338.510 - Requests for proposals

Current through June 11, 2024
1. The
				Administrator of the Division shall advertise for proposals for a construction
				manager at risk by publishing a request for proposals in the manner set forth
				in subsection 1 of
				NRS
				338.1692.
2. The request for proposals published
				pursuant to subsection 1 must include:
(a) A
				statement setting forth that the construction manager at risk must be qualified
				to bid on a public work of the State pursuant to
				NRS
				338.1379 before submitting a
				proposal;
(b) The information set
				forth in paragraphs (a) to (h), inclusive, of subsection 2 of
				NRS
				338.1692; and
(c) A statement that the proposed form of the
				contract to assist in the preconstruction of the public work and to construct
				the public work is available for review on the Division's website.
Nevada Administrative Code › Chapter 338 - Public Works Projects › CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK › Construction Managers at Risk › Section 338.520 - Submission of proposals

Current through June 11, 2024
1. A proposal
				submitted in response to a request for proposals published pursuant to NAC
				338.510 must include:
(a) A statement of
				whether the applicant is qualified to bid on a public work of the State
				pursuant to
				NRS
				338.1379; and
(b) The information required by subsection 3
				of
				NRS
				338.1692.
Nevada Administrative Code › Chapter 338 - Public Works Projects › CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK › Construction Managers at Risk › Section 338.530 - Procedure for selection of most qualified applicants

Current through June 11, 2024
1. The
				Administrator of the Division shall appoint a ranking panel in accordance with
				the provisions of subsection 1 of
				NRS
				338.1693. In the manner set forth in
				subsection 2 of
				NRS
				338.1693, the ranking panel shall rank each
				proposal submitted by an applicant who satisfies the criteria set forth in
				NRS 338.1691 and NAC
				338.500 for qualifying to enter into a contract with the Division for
				preconstruction services and to construct a public work.
2. After a ranking panel has ranked proposals
				pursuant to subsection 1, the Administrator must:
(a) Select at least the two but not more than
				the five applicants whose proposals received the highest scores for interviews.
				If the Division did not receive at least two proposals from applicants who
				satisfy the criteria set forth in
				NRS 338.1691 and NAC
				338.500 for qualifying to enter into a contract with the Division for
				preconstruction services and to construct a public work, the Division may not
				enter into a contract with a construction manager at risk.
(b) Notify each applicant selected for an
				interview that the applicant has been selected for an interview.
(c) Request that each applicant selected for
				an interview submit to the Administrator a proposed amount of compensation for
				managing the preconstruction and construction of the public work. The
				Administrator must not disclose to the interview panel the information
				submitted pursuant to this paragraph until the interview panel has completed
				the interview process and assigned a preliminary score to each
				applicant.
(d) Appoint an interview
				panel consisting of at least three members, at least two of whom have
				experience in the construction industry, to interview the applicants. The
				Administrator may not appoint to the interview panel any person who was
				appointed to the ranking panel.
Nevada Administrative Code › Chapter 338 - Public Works Projects › CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK › Contracts Between Construction Managers at Risk and Subcontractors to Provide Labor, Materials or Equipment on Projects › Section 338.550 - Definitions

Current through June 11, 2024
As used in NAC 338.550 to 338.640, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 338.555, 338.560
				  and 338.565 have the meanings ascribed to them in those sections.
Added to NAC by Pub.
				  Works Bd. by R099-11, eff. 5-30-2012
NRS
					 338.16991,
					 338.16995,
					 341.070,
					 341.110
Nevada Administrative Code › Chapter 338 - Public Works Projects › CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK › Contracts Between Construction Managers at Risk and Subcontractors to Provide Labor, Materials or Equipment on Projects › Section 338.555 - "Application for qualification" defined

Current through June 11, 2024
"Application for qualification" means an application
				  submitted by a subcontractor to qualify to submit a proposal pursuant to
				  paragraph (a) of subsection 2 of NAC 338.580.
Added to NAC by Pub.
				  Works Bd. by R099-11, eff. 5-30-2012
NRS
					 338.16991,
					 338.16995,
					 341.070,
					 341.110
Nevada Administrative Code › Chapter 338 - Public Works Projects › CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK › Contracts Between Construction Managers at Risk and Subcontractors to Provide Labor, Materials or Equipment on Projects › Section 338.560 - "Construction manager at risk" defined

Current through June 11, 2024
"Construction manager at risk" means a contractor licensed
				  pursuant to chapter 624 of NRS who has entered into a contract with a public
				  body to construct a public work pursuant to
				  NRS 338.1696.
Added to NAC by Pub.
				  Works Bd. by R099-11, eff. 5-30-2012
NRS
					 338.16991,
					 338.16995,
					 341.070,
					 341.110
Nevada Administrative Code › Chapter 338 - Public Works Projects › CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK › Contracts Between Construction Managers at Risk and Subcontractors to Provide Labor, Materials or Equipment on Projects › Section 338.565 - "Proposal" defined

Current through June 11, 2024
"Proposal" means a proposal for the provision of labor,
				  materials or equipment necessary for the construction of a public work
				  submitted by a subcontractor pursuant to
				  NRS
				  338.16995.
Added to NAC by Pub.
				  Works Bd. by R099-11, eff. 5-30-2012
NRS
					 338.16991,
					 338.16995,
					 341.070,
					 341.110
Nevada Administrative Code › Chapter 338 - Public Works Projects › CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK › Contracts Between Construction Managers at Risk and Subcontractors to Provide Labor, Materials or Equipment on Projects › Section 338.570 - Applicability

Current through June 11, 2024
The provisions of
				  NRS
				  338.16991 and
				  338.16995
				  and NAC 338.550 to 338.640, inclusive, apply only to a subcontract for which
				  the estimated value is at least 1 percent of the total estimated cost of the
				  construction of the public work.
Added to NAC by Pub.
				  Works Bd. by R099-11, eff. 5-30-2012
NRS
					 338.16991,
					 338.16995,
					 341.070,
					 341.110
Nevada Administrative Code › Chapter 338 - Public Works Projects › CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK › Contracts Between Construction Managers at Risk and Subcontractors to Provide Labor, Materials or Equipment on Projects › Section 338.580 - Submission of applications for qualification

Current through June 11, 2024
1. The
				advertisement for applications for qualification published by a construction
				manager at risk pursuant to subsection 3 of
				NRS
				338.16991, must state that the construction
				manager at risk will return unopened a proposal received from a subcontractor
				who has not qualified to submit a proposal pursuant to
				NRS
				338.16991.
2. To qualify to submit a proposal pursuant
				to
				NRS
				338.16991, a subcontractor must:
(a) Submit to the construction manager at
				risk an application for qualification on a form prescribed and provided by the
				construction manager at risk.
(b)
				Be qualified by the construction manager at risk pursuant to the provisions of
				NRS
				338.16991 before proposals are required to be
				submitted to the construction manager at risk for the public work on which the
				subcontractor wishes to submit a proposal.
Nevada Administrative Code › Chapter 338 - Public Works Projects › CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK › Contracts Between Construction Managers at Risk and Subcontractors to Provide Labor, Materials or Equipment on Projects › Section 338.590 - Procedure for determining qualification of applicants

Current through June 11, 2024
1. The construction manager at risk shall
				review and evaluate each application for qualification to determine whether the
				applicant is qualified to submit a proposal for a public work for which the
				construction manager at risk has entered into a contract with a public body.
				Not later than 45 days after an applicant has submitted a completed application
				for qualification, the construction manager at risk must determine whether the
				applicant is qualified to submit a proposal.
2. A construction manager at risk shall make
				a determination as to the qualification of each applicant in accordance with
				the criteria set forth in subsection 4 of
				NRS
				338.16991.
3. In addition to the information provided by
				a subcontractor in an application for qualification, the construction manager
				at risk may consider any other verifiable information relating to the criteria
				set forth in subsection 2 that is provided to or discovered by the construction
				manager at risk or its employees regarding the application for
				qualification.
4. If, after
				reviewing an application for qualification, the construction manager at risk
				determines that a subcontractor is:
(a)
				Qualified to submit a proposal, the construction manager at risk shall provide
				written notice to the subcontractor and the public body or its authorized
				representative within 10 days after that determination.
(b) Not qualified to submit a proposal, the
				construction manager at risk shall provide written notice to the subcontractor
				and the public body or its authorized representative within 10 days after that
				determination. The notice must include, without limitation, the reasons on
				which the determination that the subcontractor was not qualified was based and
				must inform the subcontractor of his or her right to appeal the
				disqualification pursuant to subsection 7 of
				NRS
				338.16991.
Nevada Administrative Code › Chapter 338 - Public Works Projects › CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK › Contracts Between Construction Managers at Risk and Subcontractors to Provide Labor, Materials or Equipment on Projects › Section 338.600 - Appeal of determination that subcontractor not qualified to submit proposal; hearing

Current through June 11, 2024
1. Within 10 days
				after receipt of notice that he or she has been determined by a construction
				manager at risk to be not qualified to submit a proposal, the subcontractor may
				appeal the determination by filing a request for a hearing with the public body
				with whom the construction manager at risk has entered into a contract for the
				construction of the public work. The request must set forth the basis for the
				appeal. The subcontractor may, at the time he or she files the request, submit
				copies of any documents that support the appeal. The subcontractor must provide
				a copy of the request for a hearing and any supporting documents to the
				construction manager at risk.
2.
				For each such appeal, the public body shall, in accordance with
				NRS
				338.1381:
(a) Set the matter for a hearing;
(b) Provide notice of the hearing;
				and
(c) Hold the hearing at a time
				and place prescribed by the public body.
Nevada Administrative Code › Chapter 338 - Public Works Projects › CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK › Contracts Between Construction Managers at Risk and Subcontractors to Provide Labor, Materials or Equipment on Projects › Section 338.610 - Notice of request for proposals

Current through June 11, 2024
1. The notice of a
				request for proposals required by subsection 3 of
				NRS
				338.16995 must contain:
(a) The information required by subsection 4
				of
				NRS
				338.16995; and
(b) Plans sufficiently complete to allow a
				subcontractor to submit a meaningful and responsive proposal.
Nevada Administrative Code › Chapter 338 - Public Works Projects › CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK › Contracts Between Construction Managers at Risk and Subcontractors to Provide Labor, Materials or Equipment on Projects › Section 338.620 - Proposals: When considered responsive; process if fewer than three received; envelopes must be time stamped

Current through June 11, 2024
1. To be considered
				responsive a proposal must:
(a) Satisfy the
				requirements of subsection 6 of
				NRS
				338.16995;
(b) Be submitted:
(1) In a sealed envelope; and
(2) By a subcontractor whom the construction
				manager at risk determined to be qualified in the trade or scope of work for
				which the proposal was submitted and who attended the preproposal meeting;
				and
(c) Respond to the
				details and requirements included in the instructions related to the proposal
				and the bid package.
Nevada Administrative Code › Chapter 338 - Public Works Projects › CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK › Contracts Between Construction Managers at Risk and Subcontractors to Provide Labor, Materials or Equipment on Projects › Section 338.630 - Proposals: Opening; qualifications

Current through June 11, 2024
1. A construction
				manager at risk shall open proposals submitted by subcontractors who were
				qualified to submit proposals in accordance with the provisions of subsection 7
				of
				NRS
				338.16995.
2. Before the construction manager at risk
				opens a proposal submitted by a subcontractor, the construction manager at risk
				must confirm that the proposal was:
(a)
				Submitted by a subcontractor who was determined to be qualified to submit a
				proposal in the trade or for the scope of work for which the subcontractor has
				submitted a proposal;
(b) Submitted
				by a subcontractor who attended the preproposal meeting; and
(c) Timely received by the construction
				manager at risk.
Nevada Administrative Code › Chapter 338 - Public Works Projects › CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK › Contracts Between Construction Managers at Risk and Subcontractors to Provide Labor, Materials or Equipment on Projects › Section 338.640 - Procedure after opening proposals

Current through June 11, 2024
1. The list
				compiled and provided to a public body or its authorized representative by a
				construction manager at risk pursuant to subsection 8 of
				NRS
				338.16995 must contain:
(a) The name, contact information, and the
				trade or scope of work, or, if applicable, both the trade and scope of work, of
				the subcontractor; and
(b) The
				price of the proposal submitted by the subcontractor.
The list must be made available to the public upon request
				  but the results of the bidding may only be made available to the public after
				  the selection and approval of the best bid for each trade and scope of
				  work.
Nevada Administrative Code › Chapter 341 - State Public Works Board › GENERAL PROVISIONS › Section 341.001 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in NAC 341.003 to 341.012, inclusive, have the
				meanings ascribed to them in those sections.
Added to NAC by Pub.
				Works Bd., eff. 12-16-82; A 3-17-94; R096-04, 12-15-2004; R106-11,
				5-30-2012-Substituted in revision for NAC 341.005
NRS
				  341.070,
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › GENERAL PROVISIONS › Section 341.004 - "Board" defined

Current through June 11, 2024
"Board" has the meaning ascribed to it in
				NRS
				341.013.
Added to NAC by Pub.
				Works Bd. by R096-04, eff. 12-15-2004
NRS
				  341.110
Nevada Administrative Code › Chapter 341 - State Public Works Board › GENERAL PROVISIONS › Section 341.007 - "Construction manager" defined

Current through June 11, 2024
"Construction manager" means a contractor licensed pursuant to
				chapter 624 of NRS who is retained by the Division pursuant to
				NRS
				341.161 and who assists in a project that is
				performed by this State or a local government itself in accordance with
				NRS
				338.1386 and
				338.13864.
Added to NAC by Pub.
				Works Bd. by R096-04, eff. 12-15-2004; A by R106-11,
				5-30-2012
NRS
				  341.070,
				  341.110,
				  341.161
Nevada Administrative Code › Chapter 341 - State Public Works Board › GENERAL PROVISIONS › Section 341.008 - "Construction manager at risk" defined

Current through June 11, 2024
"Construction manager at risk" means a contractor licensed
				pursuant to chapter 624 of NRS who is retained by the Division for a project of
				capital improvement pursuant to
				NRS 338.169 to
				338.16995,
				inclusive, and 341.161, and who guarantees that the final price for the project
				will not be exceeded.
Added to NAC by Pub.
				Works Bd. by R096-04, eff. 12-15-2004; A by R188-07, 4-17-2008; R106-11,
				5-30-2012-Substituted in revision for NAC 341.002
NRS
				  341.070,
				  341.110,
				  341.161