Title 28

NRS 338.13864 Attestation required before State or local government may perform certain smaller public works itself. 1. If the State or a local government proposes to perform a public work itself in accordance with subsection 2 of NRS 338.1386, the public officer responsible for …

NRS 338.1389 Contract for public work for which estimated cost exceeds $250,000 must be awarded to contractor who submits best bid; certain bids deemed best bid; eligibility to receive preference in bidding; issuance of certificate of eligibility by State Contractors’ Board; regu…

NRS 338.13895 Award of contract to unlicensed or improperly licensed contractor prohibited; replacement of unacceptable subcontractor; rescission of award of contract to unlicensed or improperly licensed contractor before commencement of work. 1. The Division shall not award a co…

NRS 338.139 Awarding of contract to specialty contractor: Conditions. 1. A public body or its authorized representative may award a contract for a public work pursuant to NRS 338.1375 to 338.13895, inclusive, to a specialty contractor if: (a) The majority of the work to be perfor…

NRS 338.140 Requirements and limitations relating to drafting of specifications for bids; documents generated by bidder in preparation or determination of prices included in bid. 1. A public body shall not draft or cause to be drafted specifications for bids, in connection with a…

NRS 338.141 Bids to include certain information concerning subcontractors and prime contractors; when bids deemed not responsive with respect to subcontractors; requirements and penalties for substitution of named subcontractors. 1. Except as otherwise provided in NRS 338.1727, e…

NRS 338.1415 Local government prohibited from accepting bid on contract for public work submitted by contractor who materially breached certain contracts for public works. A local government or its authorized representative shall not accept a bid on a contract for a public work i…

NRS 338.142 Notice of protest of award of contract: Period for filing; contents; posting and disposition of bond or security; stay of action; immunity of public body from liability to bidder. 1. A person who bids on a contract may file a notice of protest regarding the awarding o…

NRS 338.1423 Prohibition against public body entering into express or implied contract for public work providing that construction materials or goods be purchased or supplied by public body or contractor who is constituent part or acting on behalf of public body; exceptions; pena…

NRS 338.1425 Prohibition against public body entering into contract with design professional who is not member of design-build team for services on public work until certain period after public body transmits certain information to licensing board of design professional; posting …

NRS 338.1427 Duty of State Public Works Division to report to Office of Economic Development concerning local emerging small businesses. 1. The Division shall submit a report every 6 months to the Office. The report must include, without limitation, for the period since the last …

NRS 338.143 Advertising for bids and compliance with certain provisions required for commencement of certain public works; quarterly reports of awarded contracts by authorized representatives; availability of plans and specifications for public inspection; award of contract to lo…

NRS 338.1435 Constructability review of initially used plans and specifications required before advertising for bids for contracts for larger public works. 1. Before a local government or its authorized representative advertises for bids for a contract for a public work, the loca…

NRS 338.1442 Local government to award contract for smaller public work to contractor or perform public work itself. If the estimated cost of a public work is $100,000 or less, a local government shall: 1. Award a contract for the completion of the public work to a properly licen…

NRS 338.1444 Award of contract for smaller public work to contractor: Solicitation of bids; rejection of bids; quarterly report by local government; compliance by local government with certain requirements. 1. Before a local government awards a contract for the completion of a pu…

NRS 338.1446 Attestation required before local government may perform certain smaller public works itself. 1. If a local government proposes to perform a public work itself in accordance with subsection 2 of NRS 338.1442, the public officer responsible for the management of the p…

NRS 338.147 Contract for public work for which estimated cost exceeds $250,000 must be awarded to contractor who submits best bid; certain bids deemed best bid; eligibility to receive preference in bidding; issuance of certificate of eligibility by State Contractors’ Board; regul…

NRS 338.1475 Award of contract to unlicensed or improperly licensed contractor prohibited; replacement of unacceptable subcontractor before contract is awarded; rescission of award of contract to unlicensed or improperly licensed contractor before commencement of work and award o…

NRS 338.148 Awarding of contract to specialty contractor: Conditions. 1. A local government or its authorized representative may award a contract for a public work to a specialty contractor pursuant to NRS 338.143 to 338.1475, inclusive, if: (a) The majority of the work to be per…

NRS 338.150 Provisions requiring use of method of alternate dispute resolution before initiation of judicial action; exception. 1. Except as otherwise provided in subsection 2, a public body charged with the drafting of specifications for a public work shall include in the specif…

NRS 338.153 Provision requiring persons who provide labor, equipment, materials, supplies or services for public work to comply with all applicable state and local laws. A public body shall include in each contract for a public work a clause requiring each contractor, subcontract…

NRS 338.155 Provisions relating to design professional who is not member of design-build team. 1. If a public body enters into a contract with a design professional who is not a member of a design-build team, for the provision of services in connection with a public work, the con…

NRS 338.156 Applicability. The provisions of NRS 338.156 to 338.1576, inclusive, apply only to a public body that is: 1. A county whose population is 700,000 or more; 2. A city whose population is 150,000 or more located in a county whose population is 700,000 or more; or 3. A ge…

NRS 338.1561 Legislative findings and declarations; establishment of program to gather and report data. 1. The Legislature hereby finds and declares that: (a) It is in the best interest of the State to ensure that contracting and bidding procedures for public works in this State …

NRS 338.1562 Definitions. As used in NRS 338.156 to 338.1576, inclusive, unless the context otherwise requires, the words and terms defined in NRS 338.1563 to 338.1566, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2025, 1347)

NRS 338.1563 “Adjustment factor” defined. “Adjustment factor” means the adjustment that is multiplied by a contractor against the unit price listed in the unit price catalog for the job order contract, which must reflect any overhead cost or profit to which a selected contractor …

NRS 338.1564 “Construction task” defined. “Construction task” means an item of work: 1. That is included in a job order; and 2. For which a unit price is set forth in a unit price catalog or priced using the formula or method prescribed by NRS 338.157. (Added to NRS by 2025, 1347…

NRS 338.1565 “Job order” defined. “Job order” means an order issued by a public body for a definite scope of work to be performed for a fixed price pursuant to a job order contract. (Added to NRS by 2025, 1347)

NRS 338.1566 “Job order contract” defined. “Job order contract” means a contract entered into pursuant to NRS 338.1572. (Added to NRS by 2025, 1347)

NRS 338.1567 Authority to award job order contract for minor construction on existing public work; limitations; written policy required. 1. Except as otherwise provided in subsection 2, a public body may award a job order contract for minor construction performed on an existing p…

NRS 338.1568 Requirements for job order contracts: Wages; experienced workers and apprentices; compliance monitoring. 1. A job order contract must require: (a) The contractor and each subcontractor to pay all workers performing work under the contract, other than apprentices, not…

NRS 338.1569 Qualifications for contractors. To qualify to enter into a job order contract with a public body, a contractor: 1. Must not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years …

NRS 338.157 Advertising for proposals for job order contract; contents of request for proposals; requirements for proposals; availability of names of applicants. 1. A public body or its authorized representative shall advertise for a job order contract in the manner set forth in …

NRS 338.1571 Confidentiality of documents and other information submitted in response to request for proposals. Except as otherwise provided in subsection 4 of NRS 338.157, any document or other information submitted by an applicant to a public body in response to a request for p…

NRS 338.1572 Appointment of panel to award job order contracts; ranking proposals; weighting proposal based on eligibility for preference; award of contracts. 1. The public body or its authorized representative shall appoint a panel to rank the proposals submitted by applicants t…

NRS 338.1573 Responsibilities of contractor entering a job order contract; limitations on contractor’s performance using his or her own forces; prohibition on performing unlicensed specialty contracting. 1. A contractor who enters into a job order contract pursuant to NRS 338.157…

NRS 338.1574 Waiver of apprenticeship requirement upon application by contractor. Upon application by a contractor who enters into a job order contract with a public body, the public body may waive the requirement set forth in paragraph (c) of subsection 1 of NRS 338.1568 if the …

NRS 338.1575 Submission by contractor of list of subcontractors; prohibitions. 1. Before a public body issues a job order, a contractor must submit a list of each subcontractor whom the contractor intends to engage for work on the job order. 2. A contractor shall not: (a) Perform…

NRS 338.1576 Duty of public body to make quarterly reports to governing body; contents of quarterly report; duty of governing body to make annual reports to Legislature. 1. Each quarter, a public body shall provide to the governing body of the public body a written report contain…

NRS 338.158 Definitions. As used in NRS 338.158 to 338.1602, inclusive, unless the context otherwise requires, the words and terms defined in NRS 338.1581 to 338.1585, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2017, 3197)

NRS 338.1581 “Concession” defined. “Concession” means any lease, ground lease, franchise, easement, permit, right of entry, operating agreement or other binding agreement transferring rights for the use or control, in whole or in part, of a transportation facility by a public bod…

NRS 338.1582 “Private partner” defined. “Private partner” means a person with whom a public body enters into a public-private partnership. (Added to NRS by 2017, 3197)

NRS 338.1583 “Public-private partnership” defined. “Public-private partnership” means a contract entered into by a public body and a private partner. (Added to NRS by 2017, 3197)

NRS 338.1584 “Transportation facility” defined. “Transportation facility” means any existing, enhanced, upgraded or new facility used or useful for the safe transport of persons, information or goods by one or more modes of transport, including, without limitation, a road, railro…

NRS 338.1585 “User fee” defined. “User fee” means a fee, toll, fare or other similar charge, including, without limitation, any incidental, account maintenance, administrative, credit card or video tolling fee or charge, imposed on a person for his or her use of a transportation …

NRS 338.1586 Applicability. The provisions of NRS 338.158 to 338.1602, inclusive, apply only in a county whose population is 700,000 or more. (Added to NRS by 2017, 3198)

NRS 338.1587 Public-private partnership: Authority to enter; authorized provisions. 1. A public body may enter into a public-private partnership to plan, finance, design, construct, improve, maintain, operate or acquire the rights-of-way for, or any combination thereof, a transpo…