NRS271A.140. Subcontracts: Duties of contractor or developer and municipality.

      1.  Except as otherwise provided in subsection 4, a contractor or developer who enters into a contract to which the provisions of subsection 3 or 5 of NRS 271A.130 apply shall:

      (a) Advertise for at least 7 calendar days for bids on each subcontract for the performance of any portion of the contract;

      (b) At least 2 business days before the first day of that advertisement, provide notice of that advertisement to the governing body of the municipality;

      (c) Make available to all prospective bidders on the subcontract a written set of plans and specifications for the pertinent work;

      (d) Provide public notice of the name and address of each person who submits a bid on the subcontract; and

      (e) Except as otherwise provided in subsection 2, after closing the period for the solicitation of bids and receiving at least three timely and responsive bids, select any subcontractor from those timely and responsive bids that the contractor or developer, in his or her sole discretion, determines to be appropriate.

      2.  If the contractor or developer does not receive at least three timely and responsive bids during the period for the solicitation of bids, the contractor or developer shall repeat the process set forth in paragraphs (a) to (d), inclusive, of subsection 1. After closing the second period for the solicitation of bids prescribed by this subsection, the contractor or developer shall select any subcontractor from the timely and responsive bids received pursuant to this subsection or subsection 1 that the contractor or developer, in his or her sole discretion, determines to be appropriate, regardless of whether the contractor or developer received at least three timely and responsive bids.

      3.  The contractor or developer shall ensure that each subcontractor who will perform any portion of the contract is appropriately licensed pursuant to chapter 624 of NRS.

      4.  The provisions of subsections 1, 2 and 3 do not apply to:

      (a) Any contract which is awarded by a municipality; or

      (b) Any project which is constructed or maintained by a governmental entity on any property while the governmental entity owns that property.

      5.  A governing body of a municipality that receives a notice of an advertisement for bids pursuant to paragraph (b) of subsection 1 or subsection 2:

      (a) Shall, upon such receipt, post notice of the advertisement on an Internet website maintained by the municipality; and

      (b) May otherwise provide notice of the advertisement to local trade organizations and the general public.

      (Added to NRS by 2011, 3333; A 2013, 2790)