Nevada Administrative Code

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 341.006 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,…

NAC 341.0085 “Division” defined. (NRS 341.070, 341.110) “Division” means the State Public Works Division of the Department of Administration. (Added to NAC by Pub. Works Bd. by R106-11, eff. 5-30-2012)

NAC 341.012 “Vice Chair” defined. (NRS 341.110) “Vice Chair” means the Vice Chair of the Board. (Added to NAC by Pub. Works Bd. by R096-04, eff. 12-15-2004) ADMINISTRATION

NAC 341.015 Matters requiring action by Board. (NRS 341.070, 341.110, 341.145, 341.161) Unless the authority to take action is delegated by the Board to the Administrator, an action by the Board is required for: 1. The designation of projects, budgets and priorities to be include…

NAC 341.020 Officers: Terms; vacancies; powers and duties. (NRS 341.070, 341.100, 341.110) 1. The officers of the Board consist of a Chair, Vice Chair and Secretary. 2. The term of office of the Chair and the Vice Chair is 2 years. The Secretary shall notify the Chair and the Vic…

NAC 341.025 Board of Appeals. (NRS 341.070, 341.110) The Board may appoint three of its members to function as a Board of Appeals in order to attempt to resolve all disputes concerning contracts before the Division will initiate procedures for mediation, arbitration or litigation…

NAC 341.030 Maintenance of license by certain employees; authority of Administrator. (NRS 341.070, 341.100, 341.110) 1. In addition to the Administrator and the Deputy Administrator of the Public Works - Professional Services Section, each employee who is classified as an archite…

NAC 341.036 Duties of Deputy Administrator of the Public Works - Compliance and Code Enforcement Section. (NRS 341.070, 341.100, 341.110) 1. The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section appointed pursuant to NRS 341.100 shall: (a) Check t…

NAC 341.040 Meetings of Board; rules of order; quorum. (NRS 341.070, 341.110) 1. The Board will obtain the concurrence of the Attorney General or a Deputy Attorney General before closing a meeting for one of the purposes described in NRS 241.030. 2. The Board will conduct its mee…

NAC 341.043 Qualifications of insurers and sureties. (NRS 341.070, 341.110) 1. Except as otherwise provided in this section, an insurer or surety providing the insurance or bond required by the Board for: (a) With respect to contracts of more than $5,000,000, a contractor must ha…

NAC 341.045 Adoption by reference of minimum standards for design of state buildings; use of structural standards for geographic location. (NRS 341.070, 341.085, 341.087, 341.091, 341.110) 1. The Board hereby adopts by reference the following publications and establishes the stan…

NAC 341.060 Variances from code requirements as alternative method of design or construction. (NRS 341.070, 341.100, 341.110) Upon request, the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section may grant a variance from code requirements as an alt…

NAC 341.065 Contract documents; insurance. (NRS 341.070, 341.110) 1. Before bidding takes place, the contract documents must be approved by each agency whose approval is required by law. 2. The final contract documents must be independently checked to ensure conformity with the r…

NAC 341.075 Invitations to bid; access to plans and specifications for bidding. (NRS 341.070, 341.110, 341.145, 341.148) 1. The Administrator shall publish an invitation to bid in a newspaper in the locale of the work for each project with an estimated construction cost of $100,0…

NAC 341.077 General requirements for bids. (NRS 338.1379, 341.070, 341.085, 341.110, 341.145) 1. All bids in excess of $100,000 must be accompanied by a bond securing the bid and a certified check or cash in an amount which is at least 5 percent of the total of the base bid and a…

NAC 341.079 Licensing of bidders; opening and rejection of bids. (NRS 341.110, 341.145) 1. Before the bids are opened, all contractors and subcontractors submitting bids must be properly licensed by the State Contractors’ Board to perform the work. 2. The opening of bids must be …

NAC 341.081 Notice to architects and engineers concerning budget. (NRS 341.070, 341.110, 341.145) The Administrator shall inform the architects and engineers who prepare contract documents of the budget available for the construction. The Administrator shall require them to prepa…