NRS338.1692. Advertising for proposals for construction manager at risk; contents of request for proposals; requirements for proposals. [Effective through June 30, 2017.]

      1.  A public body or its authorized representative shall advertise for proposals for a construction manager at risk in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.

      2.  A request for proposals published pursuant to subsection 1 must include, without limitation:

      (a) A description of the public work;

      (b) An estimate of the cost of construction;

      (c) A description of the work that the public body expects a construction manager at risk to perform;

      (d) The dates on which it is anticipated that the separate phases of the preconstruction and construction of the public work will begin and end;

      (e) The date by which proposals must be submitted to the public body;

      (f) If the project is a public work of the State, 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;

      (g) The name, title, address and telephone number of a person employed by the public body that an applicant may contact for further information regarding the public work;

      (h) A list of the selection criteria and relative weight of the selection criteria that will be used to rank proposals pursuant to subsection 2 of NRS 338.1693;

      (i) A list of the selection criteria and relative weight of the selection criteria that will be used to rank applicants pursuant to subsection 7 of NRS 338.1693; and

      (j) A notice that the proposed form of the contract to assist in the preconstruction of the public work or to construct the public work, including, without limitation, the terms and general conditions of the contract, is available from the public body.

      3.  A proposal must include, without limitation:

      (a) An explanation of the experience that the applicant has with projects of similar size and scope in both the public and private sectors by any delivery method, whether or not that method was the use of a construction manager at risk, and including, without limitation, design-build, design-assist, negotiated work or value-engineered work, and an explanation of the experience that the applicant has in such projects in Nevada;

      (b) The contact information for references who have knowledge of the background, character and technical competence of the applicant;

      (c) Evidence of the ability of the applicant to obtain the necessary bonding for the work to be required by the public body;

      (d) Evidence that the applicant has obtained or has the ability to obtain such insurance as may be required by law;

      (e) A statement of whether the applicant has been:

             (1) Found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement for proposals; and

             (2) Disqualified from being awarded a contract pursuant to NRS 338.017, 338.13895, 338.1475 or 408.333;

      (f) The professional qualifications and experience of the applicant, including, without limitation, the resume of any employee of the applicant who will be managing the preconstruction and construction of the public work;

      (g) The safety programs established and the safety records accumulated by the applicant;

      (h) Evidence that the applicant is licensed as a contractor pursuant to chapter 624 of NRS;

      (i) The proposed plan of the applicant to manage the preconstruction and construction of the public work which sets forth in detail the ability of the applicant to provide preconstruction services and to construct the public work and which includes, if the public work involves predominantly horizontal construction, a statement that the applicant will perform construction work equal in value to at least 25 percent of the estimated cost of construction; and

      (j) If the project is for the design of a public work of the State, evidence that the applicant is qualified to bid on a public work of the State pursuant to NRS 338.1379.

      4.  The public body or its authorized representative shall make available to the public the name of each applicant who submits a proposal pursuant to this section.

      (Added to NRS by 2007, 2891; A 2009, 438; 2011, 3694; 2013, 2974, R 2013, 2974, effective July 1, 2017)