NRS338.16991. Contract between construction manager at risk and subcontractor to provide labor, materials or equipment on project: Eligibility; procedure for determination of qualification of subcontractor to submit proposal. [Effective through June 30, 2017.]

      1.  To be eligible to provide labor, materials or equipment on a public work, the contract for which a public body has entered into with a construction manager at risk pursuant to NRS 338.1696, a subcontractor must be:

      (a) Licensed pursuant to chapter 624 of NRS; and

      (b) Qualified pursuant to the provisions of this section to submit a proposal for the provision of labor, materials or equipment on a public work.

      2.  Subject to the provisions of subsections 3, 4 and 5, the construction manager at risk shall determine whether an applicant is qualified to submit a proposal for the provision of labor, materials or equipment on the public work for the purposes of paragraph (b) of subsection 1.

      3.  Not earlier than 30 days after a construction manager at risk has been selected pursuant to NRS 338.1693 and not later than 10 working days before the date by which an application must be submitted, the construction manager at risk shall advertise for applications from subcontractors 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 advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county. The construction manager at risk may accept an application from a subcontractor before advertising for applications pursuant to this subsection.

      4.  The criteria to be used by the construction manager at risk when determining whether an applicant is qualified to submit a proposal for the provision of labor, materials or equipment must include, and must be limited to:

      (a) The monetary limit placed on the license of the applicant by the State Contractors’ Board pursuant to NRS 624.220;

      (b) The financial ability of the applicant to provide the labor, materials or equipment required on the public work;

      (c) Whether the applicant has the ability to obtain the necessary bonding for the work required by the public body;

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

      (e) Whether the applicant has breached any contracts with a public body or person in this State or any other state during the 5 years immediately preceding the application;

      (f) Whether the applicant has been disciplined or fined by the State Contractors’ Board or another state or federal agency for conduct that relates to the ability of the applicant to perform the public work;

      (g) The performance history of the applicant concerning other recent, similar public or private contracts, if any, completed by the applicant in Nevada;

      (h) The principal personnel of the applicant;

      (i) Whether the applicant has been disqualified from the award of any contract pursuant to NRS 338.017 or 338.13895; and

      (j) The truthfulness and completeness of the application.

      5.  The public body or its authorized representative shall ensure that each determination made pursuant to subsection 2 is made subject to the provisions of subsection 4.

      6.  The construction manager at risk shall notify each applicant and the public body in writing of a determination made pursuant to subsection 2.

      7.  A determination made pursuant to subsection 2 that an applicant is not qualified may be appealed pursuant to NRS 338.1381 to the public body with whom the construction manager at risk has entered into a contract for the construction of the public work.

      (Added to NRS by 2011, 3681; A 2013, 2979; R 2013, 2979, effective July 1, 2017)