Nevada § 338.1693 - Procedure for selection of most qualified applicants; minimum number of proposals required; negotiation of contract for preconstruction services; availability of certain information to applicants and public; provision of explanation to unsuccessful applicant upon request

§ 338.1693. Procedure for selection of most qualified applicants; minimum number of proposals required; negotiation of contract for preconstruction services; availability of certain information to applicants and public; provision of explanation to unsuccessful applicant upon request

1. The public body or its authorized representative shall appoint a panel consisting

of at least three but not more than seven members, a majority of whom must have experience

in the construction industry, to rank the proposals submitted to the public body by

evaluating the proposals as required pursuant to subsections 2 and 3. 2. The panel appointed pursuant to subsection 1 shall rank the proposals by: (a) Verifying that each applicant satisfies the requirements of NRS 338.1691 ; and (b) Evaluating and assigning a score to each of the proposals received by the public

body based on the factors and relative weight assigned to each factor that the public

body specified in the request for proposals. 3. When ranking the proposals, the panel appointed pursuant to subsection 1 shall

assign a relative weight of 5 percent to the applicant's possession of a certificate

of eligibility to receive a preference in bidding on public works if the applicant

submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117 . If any federal statute or regulation precludes the granting of federal assistance

or reduces the amount of that assistance for a particular public work because of the

provisions of this subsection, those provisions of this subsection do not apply insofar

as their application would preclude or reduce federal assistance for that work. 4. After the panel appointed pursuant to subsection 1 ranks the proposals, the public

body or its authorized representative shall, except as otherwise provided in subsection

8, select at least the two but not more than the five applicants whose proposals received

the highest scores for interviews. 5. The public body or its authorized representative may appoint a separate panel to

interview and rank the applicants selected pursuant to subsection 4. If a separate panel is appointed pursuant to this subsection, the panel must consist

of at least three but not more than seven members, a majority of whom must have experience

in the construction industry. 6. During the interview process, the panel conducting the interview may require the

applicants to submit a preliminary proposed amount of compensation for managing the

preconstruction and construction of the public work, including, without limitation,

the cost of general overhead and profit, but in no event shall the proposed amount

of compensation be less than 5 percent or more than 20 percent of the scoring for

the selection of the most qualified applicant. All presentations made at any interview conducted pursuant to this subsection or

subsection 5 may be made only by key personnel employed by the applicant, as determined

by the applicant, and the employees of the applicant who will be directly responsible

for managing the preconstruction and construction of the public work. 7. After conducting such interviews, the panel that conducted the interviews shall

rank the applicants by using a ranking process that is separate from the process used

to rank the applicants pursuant to subsection 2 and is based only on information submitted

during the interview process. The score to be given for the proposed amount of compensation, if any, must be calculated

by dividing the lowest of all the proposed amounts of compensation by the applicant's

proposed amount of compensation multiplied by the total possible points available

to each applicant. When ranking the applicants, the panel that conducted the interviews shall assign

a relative weight of 5 percent to the applicant's possession of a certificate of eligibility

to receive a preference in bidding on public works if the applicant submits a signed

affidavit that meets the requirements of subsection 1 of NRS 338.0117 . If any federal statute or regulation precludes the granting of federal assistance

or reduces the amount of that assistance for a particular public work because of the

provisions of this subsection, those provisions of this subsection do not apply insofar

as their application would preclude or reduce federal assistance for that work. 8. If the public body did not receive at least two proposals, the public body may

not contract with a construction manager at risk. 9. Upon receipt of the final rankings of the applicants from the panel that conducted

the interviews, the public body or its authorized representative shall enter into

negotiations with the most qualified applicant determined pursuant to the provisions

of this section for a contract for preconstruction services, unless the public body

required the submission of a proposed amount of compensation, in which case the proposed

amount of compensation submitted by the applicant must be the amount offered for the

contract. If the public body or its authorized representative is unable to negotiate a contract

with the most qualified applicant for an amount of compensation that the public body

or its authorized representative and the most qualified applicant determine to be

fair and reasonable, the public body or its authorized representative shall terminate

negotiations with that applicant. The public body or its authorized representative may then undertake negotiations

with the next most qualified applicant in sequence until an agreement is reached and,

if the negotiation is undertaken by an authorized representative of the public body,

approved by the public body or until a determination is made by the public body to

reject all applicants. 10. The public body or its authorized representative shall: (a) Make available to all applicants and the public the following information, as

determined by the panel appointed pursuant to subsection 1 and the panel that conducted

the interviews, as applicable: (1) The final rankings of the applicants; (2) The score assigned to each proposal received by the public body; and (3) For each proposal received by the public body, the score assigned to each factor

that the public body specified in the request for proposals; and (b) Provide, upon request, an explanation to any unsuccessful applicant of the reasons

why the applicant was unsuccessful.