NRS408.3886. Requests for final proposals and best and final offers: Selection or rejection of proposal or offer; contents of contract between Department and design-build team; duties of design-build team.

      1.  After selecting the finalists pursuant to NRS 408.3885, the Department shall provide to each finalist a request for final proposals for the project. The request for final proposals must:

      (a) Set forth the factors that the Department will use to select a design-build team to design and construct the project, including the relative weight to be assigned to each factor; and

      (b) Set forth the date by which final proposals must be submitted to the Department.

      2.  Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the Department shall assign, without limitation, a relative weight of 5 percent to the design-build team’s possession of both a certificate of eligibility to receive a preference in bidding on public works by the prime contractor on the design-build team, if the design-build team submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117, and a certificate of eligibility to receive a preference when competing for public works by all persons who hold a certificate of registration to practice architecture or a license as a professional engineer on the design-build team, and a relative weight of at least 30 percent for the proposed cost of design and construction of the project. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular project because of the provisions of this subsection relating to a preference in bidding on public works or a preference when competing for public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that project.

      3.  A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the Department will use to select a design-build team to design and construct the project described in subsection 1 and comply with the provisions of NRS 338.141.

      4.  After receiving the final proposals for the project, the Department shall:

      (a) Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to subsections 1 and 2;

      (b) Reject all the final proposals; or

      (c) Request best and final offers from all finalists in accordance with subsection 5.

      5.  If the Department determines that no final proposal received is cost-effective or responsive and the Department further determines that requesting best and final offers pursuant to this subsection will likely result in the submission of a satisfactory offer, the Department may prepare and provide to each finalist a request for best and final offers for the project. In conjunction with preparing a request for best and final offers pursuant to this subsection, the Department may alter the scope of the project, revise the estimates of the costs of designing and constructing the project, and revise the selection factors and relative weights described in paragraph (a) of subsection 1. A request for best and final offers prepared pursuant to this subsection must set forth the date by which best and final offers must be submitted to the Department. After receiving the best and final offers, the Department shall:

      (a) Select the most cost-effective and responsive best and final offer, using the criteria set forth in the request for best and final offers; or

      (b) Reject all the best and final offers.

      6.  If the Department selects a final proposal pursuant to paragraph (a) of subsection 4 or selects a best and final offer pursuant to paragraph (a) of subsection 5, the Department shall hold a public meeting to:

      (a) Review and ratify the selection.

      (b) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (f) of subsection 3 of NRS 408.3883. The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.

      (c) Make available to the public a summary setting forth the factors used by the Department to select the successful design-build team and the ranking of the design-build teams who submitted final proposals and, if applicable, best and final offers. The Department shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.

      7.  A contract awarded pursuant to this section:

      (a) Must comply with the provisions of NRS 338.020 to 338.090, inclusive; and

      (b) Must specify:

             (1) An amount that is the maximum amount that the Department will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;

             (2) An amount that is the maximum amount that the Department will pay for the performance of the professional services required by the contract; and

             (3) A date by which performance of the work required by the contract must be completed.

      8.  A design-build team to whom a contract is awarded pursuant to this section shall:

      (a) Assume overall responsibility for ensuring that the design and construction of the project is completed in a satisfactory manner; and

      (b) Use the workforce of the prime contractor on the design-build team to construct at least 15 percent of the project.

      (Added to NRS by 1999, 3485; A 2001, 252, 2020, 2022; 2003, 119, 2032, 2523; 2011, 54, 3706)