Nevada § 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

§ 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 public work: (a) In such a manner as to limit the bidding, directly or indirectly, to any one specific

concern. (b) Except in those instances where the product is designated to match others in use

on a particular public improvement either completed or in the course of completion,

calling for a designated material, product, thing or service by specific brand or

trade name unless the specification lists at least two brands or trade names of comparable

quality or utility and is followed by the words “or equal” so that bidders may furnish

any equal material, product, thing or service. (c) In such a manner as to hold the bidder to whom such contract is awarded responsible

for extra costs incurred as a result of errors or omissions by the public body in

the contract documents. (d) Except as otherwise provided in subsection 2, in such a manner as to require a

bidder to furnish to the public body, whether before or after the bid is submitted,

documents generated in the preparation or determination of prices included in the

bid, except when requested by the public body for: (1) A determination of the price of additional work performed pursuant to a change

order; (2) An evaluation of claims for costs incurred for the performance of additional work; (3) Preparation for arbitration or litigation; (4) A determination of the validity of the protest of a bid; (5) A determination of the validity of an increase or decrease in the price of a contract

in accordance with a provision in the contract which authorizes such an increase or

decrease to correspond to changing market conditions; or (6) Any combination thereof. 2. A public body may, at the time a bid is submitted, require documents generated

in the preparation or determination of prices included in the bid to be transmitted

to and stored electronically by the public body or a third party. Any document furnished by a bidder pursuant to this subsection may be transmitted

and stored electronically if the manner of transmission ensures that the documents

are exclusively accessible to the bidder. Electronic transmission and storage of such documents does not waive or otherwise

affect the proprietary interests of the bidder in the documents, except that the third

party or the bidder must release any document furnished pursuant to this subsection

if requested by the public body pursuant to paragraph (d) of subsection 1. 3. In those cases involving a unique or novel product application required to be used

in the public interest, or where only one brand or trade name is known to the public

body, it may list only one. 4. Specifications must provide a period of time of at least 7 days after award of

the contract for submission of data substantiating a request for a substitution of

“an equal” item.