Nevada § 332.068 - Contract for which estimated annual amount required to perform is more than $100,000: Filing and contents of protest of award; posting and disposition of bond or security; stay of action; immunity of governing body from liability to person who submits response

§ 332.068. Contract for which estimated annual amount required to perform is more than $100,000: Filing and contents of protest of award; posting and disposition of bond or security; stay of action; immunity of governing body from liability to person who submits response

1. A person who submits a response to a solicitation for a contract for which the

estimated annual amount to perform the contract is more than $100,000 may, after the

responses are opened and within the period specified by the governing body or its

authorized representative in the solicitation pursuant to NRS 332.043 , file with the governing body or its authorized representative a notice of protest

regarding the awarding of the contract. 2. A notice of protest must include a written statement setting forth with specificity

the reasons the person filing the notice believes the applicable provisions of law

were violated. 3. A person filing a notice of protest may be required by the governing body or its

authorized representative, at the time the notice of protest is filed, to post a bond

with a good and solvent surety authorized to do business in this State or submit other

security, in a form approved by the governing body or its authorized representative,

to the governing body or its authorized representative who shall hold the bond or

other security until a determination is made on the protest. A bond posted or other security submitted with a notice of protest must be in an

amount equal to the lesser of: (a) Twenty-five percent of the total value of the response submitted by the person

filing the notice of protest; or (b) Two hundred fifty thousand dollars. 4. A notice of protest filed in accordance with the provisions of this section operates

as a stay of action in relation to the awarding of any contract until a determination

is made by the governing body or its authorized representative on the protest. 5. A person who submits an unsuccessful response may not seek any type of judicial

intervention until the governing body or its authorized representative has made a

determination on the protest and awarded the contract. 6. A governing body or its authorized representative is not liable for any costs,

expenses, attorney's fees, loss of income or other damages sustained by a person who

submits a response, whether or not the person files a notice of protest pursuant to

this section. 7. If the protest is upheld, the bond posted or other security submitted with the

notice of protest must be returned to the person who posted the bond or submitted

the security. If the protest is rejected, a claim may be made against the bond or other security

by the governing body or its authorized representative in an amount equal to the expenses

incurred by the governing body or its authorized representative because of the unsuccessful

protest. Any money remaining after the claim has been satisfied must be returned to the person

who posted the bond or submitted the security.