Nevada Administrative Code

NAC 338.245 Criteria for qualification for public work with estimated cost of less than $100,000; pertinent documentation and information. (NRS 338.1375, 338.13895, 341.070, 341.110) 1. The following criteria must be used to determine whether a prime contractor is qualified to bi…

NAC 338.250 Application for qualification; eligibility to bid on public work. (NRS 338.1375, 338.1379, 338.13844, 338.13847, 341.070, 341.110) 1. To qualify to bid on one or more contracts for public works, a prime contractor must: (a) Submit an application to the Administrator o…

NAC 338.260 Action on application; period of qualification; reapplication after denial of application; denial of request to withdraw application. (NRS 338.1375, 338.1379, 341.070, 341.110) 1. The Administrator shall appoint a committee consisting of a deputy administrator and at …

NAC 338.270 Appeal of determination that prime contractor is not qualified; hearings on appeals. (NRS 338.1375) 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 determinatio…

NAC 338.280 Revocation of qualification. (NRS 338.1375, 341.070, 341.110) 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…

NAC 338.285 Evaluation of performance of prime contractor on public work with estimated cost of $100,000 or more. (NRS 338.1375, 341.070, 341.110) 1. Within 30 days after the final completion of a public work for which the estimated cost is $100,000 or more, the Division or its d…

NAC 338.290 Notification of Division regarding change to or renewal of license of qualified bidder. (NRS 338.1375, 341.070, 341.110) 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,…

NAC 338.300 Definitions. (NRS 338.1376) 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 …

NAC 338.310 “Business entity associated with the principal personnel” defined. (NRS 338.1376) “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 …

NAC 338.320 “Committee” defined. (NRS 338.1376) “Committee” means the committee appointed pursuant to NAC 338.390. (Added to NAC by Pub. Works Bd. by R095-04, eff. 12-15-2004)

NAC 338.330 “Cost category” defined. (NRS 338.1376) “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)

NAC 338.340 “Principal personnel” defined. (NRS 338.1376) “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)

NAC 338.350 “Subcontractor” defined. (NRS 338.1376) “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)

NAC 338.360 “Successfully completed project” defined. (NRS 338.1376) “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 c…

NAC 338.370 Criteria for qualification; pertinent documentation and information; maintenance of public list of subcontractors determined not to be qualified. (NRS 338.1376, 341.070, 341.110) 1. The following criteria will be used to determine whether a subcontractor who submits a…

NAC 338.380 Application for qualification; disqualification; inclusion of subcontractor in bid. (NRS 338.1376, 341.070, 341.110) 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 pursuan…

NAC 338.390 Action on application; period of disqualification; reapplication after disqualification; denial of withdrawal of application. (NRS 338.1376, 341.070, 341.110) 1. The Administrator shall appoint a committee consisting of a deputy administrator and at least two other em…

NAC 338.400 Appeal of disqualification; hearings on appeals. (NRS 338.1376) 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…

NAC 338.410 Revocation of qualification. (NRS 338.1376, 341.070, 341.110) 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 …

NAC 338.420 Definitions. (NRS 338.1375, 338.13844, 338.13847, 341.070, 341.110) 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 section…

NAC 338.425 “Business owned and operated by a veteran with a service-connected disability” defined. (NRS 338.1375, 338.13844, 338.13847, 341.070, 341.110) “Business owned and operated by a veteran with a service-connected disability” has the meaning ascribed to it in NRS 338.1384…

NAC 338.430 “Local business” defined. (NRS 338.1375, 338.13844, 338.13847, 341.070, 341.110) “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)

NAC 338.440 “Veteran with a service-connected disability” defined. (NRS 338.1375, 338.13844, 338.13847, 341.070, 341.110) “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)

NAC 338.450 Preference for public work with estimated cost of $100,000 or less: Application; maintenance and posting of list of businesses qualified to receive preference. (NRS 338.1375, 338.13844, 338.13847, 341.070, 341.110) 1. To qualify to receive the preference set forth in …

NAC 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. (NRS 338.1375, 338.13844, 338.13847, 341.070, 341.110) 1. To qualify to receive the…

NAC 338.500 Qualifications. (NRS 341.070, 341.110) 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…

NAC 338.510 Requests for proposals. (NRS 341.070, 341.110) 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 propo…

NAC 338.520 Submission of proposals. (NRS 341.070, 341.110) 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 33…

NAC 338.530 Procedure for selection of most qualified applicants. (NRS 341.070, 341.110) 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, …

NAC 338.550 Definitions. (NRS 338.16991, 338.16995, 341.070, 341.110) 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 …

NAC 338.555 “Application for qualification” defined. (NRS 338.16991, 338.16995, 341.070, 341.110) “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 338.560 “Construction manager at risk” defined. (NRS 338.16991, 338.16995, 341.070, 341.110) “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…

NAC 338.565 “Proposal” defined. (NRS 338.16991, 338.16995, 341.070, 341.110) “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…

NAC 338.570 Applicability. (NRS 338.16991, 338.16995, 341.070, 341.110) 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 construc…

NAC 338.580 Submission of applications for qualification. (NRS 338.16991, 341.070, 341.110) 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 r…

NAC 338.590 Procedure for determining qualification of applicants. (NRS 338.16991, 341.070, 341.110) 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 …

NAC 338.600 Appeal of determination that subcontractor not qualified to submit proposal; hearing. (NRS 338.16991, 341.070, 341.110) 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 propo…

NAC 338.610 Notice of request for proposals. (NRS 338.16995, 341.070, 341.110) 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 al…

NAC 338.620 Proposals: When considered responsive; process if fewer than three received; envelopes must be time stamped. (NRS 338.16995, 341.070, 341.110) 1. To be considered responsive a proposal must: (a) Satisfy the requirements of subsection 6 of NRS 338.16995; (b) Be submitt…

NAC 338.630 Proposals: Opening; qualifications; return of proposal that does not satisfy requirements. (NRS 338.16995, 341.070, 341.110) 1. A construction manager at risk shall open proposals submitted by subcontractors who were qualified to submit proposals in accordance with th…

NAC 338.640 Procedure after opening proposals; evaluation of proposals and selection of subcontractor; meeting with subcontractor not selected upon request; confirmation of compliance with requirements. (NRS 338.16995, 341.070, 341.110) 1. The list compiled and provided to a publ…

NAC 341.001 Definitions. (NRS 341.070, 341.110) 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; …

NAC 341.003 “Administrator” defined. (NRS 341.070, 341.110) “Administrator” means the Administrator of the Division. (Added to NAC by Pub. Works Bd. by R106-11, eff. 5-30-2012)

NAC 341.004 “Board” defined. (NRS 341.110) “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)

NAC 341.006 “Chair” defined. (NRS 341.110) “Chair” means the Chair of the Board. (Added to NAC by Pub. Works Bd. by R096-04, eff. 12-15-2004)

NAC 341.007 “Construction manager” defined. (NRS 341.070, 341.110, 341.161) “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 …

NAC 341.008 “Construction manager at risk” defined. (NRS 341.070, 341.110, 341.161) “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,…