Nevada § 271A.130 - Competitive bidding not required; exceptions; applicability of provisions governing payment of prevailing wage for projects; duty of municipality to ensure compliance with subcontracting requirements

§ 271A.130. Competitive bidding not required; exceptions; applicability of provisions governing payment of prevailing wage for projects; duty of municipality to ensure compliance with subcontracting requirements

1. Except as otherwise provided in this section and NRS 271A.140 and notwithstanding any other law to the contrary, any contract or other agreement

relating to or providing for the construction, improvement, repair, demolition, reconstruction,

other acquisition, equipment, operation or maintenance of any project financed in

whole or in part pursuant to this chapter is exempt from any law requiring competitive

bidding or otherwise specifying procedures for the award of contracts for construction

or other contracts, or specifying procedures for the procurement of goods or services. The governing body of the municipality shall require a quarterly report on the demography

of the workers employed by any contractor or subcontractor for each such project. 2. The provisions of subsection 1 do not apply to any project which is constructed

or maintained by a governmental entity on any property while the governmental entity

owns that property. 3. Except as otherwise provided in subsection 4, a person who enters into any contract

or other agreement for the construction, improvement, repair, demolition or reconstruction

of any project that is paid for in whole or in part: (a) From the proceeds of bonds or notes issued pursuant to paragraph (a) of subsection

1 of NRS 271A.120 ; or (b) Pursuant to an agreement for reimbursement entered into pursuant to paragraph

(b) of subsection 1 of NRS 271A.120 , shall include in the contract or other agreement the contractual provisions and stipulations

that are required to be included in a contract for a public work pursuant to the provisions

of NRS 338.013 to 338.090 , inclusive. The governing body of the municipality, the contractor who is awarded the contract

or enters into the agreement to perform the construction, improvement, repair, demolition

or reconstruction, and any subcontractor who performs any portion of the contract

or agreement shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the governing body of the municipality had undertaken

the project or had awarded the contract. 4. The provisions of subsection 3 do not apply to a contract or other agreement for

the construction, improvement, repair, demolition or reconstruction of any improvement

to a building leased to a tenant that is paid for, in whole or in part, or which benefits

from the proceeds of bonds or notes issued pursuant to paragraph (a) of subsection

1 of NRS 271A.120 or pursuant to an agreement for reimbursement entered into pursuant to paragraph

(b) of subsection 1 of NRS 271A.120 and which is entered into after completion of the original construction: (a) For any subsequent improvement to the building by the original tenant or a subsequent

tenant. (b) For any improvement to the building by the original tenant which is undertaken

more than 60 months after the building is first made available for lease. 5. The provisions of NRS 338.013 to 338.090 , inclusive, apply to a contract or other agreement for the construction of, improvement

of, repair to, demolition of or reconstruction of an improvement to any building that

will be leased to a tenant who has entered into an agreement to receive financing

or reimbursement pursuant to NRS 271A.120 . The owner of the building or proposed building and the contractor who is awarded

the contract or enters into the agreement to perform the construction, improvement,

repair, demolition or reconstruction shall include in the contract or other agreement

the contractual provisions and stipulations that are required to be included in a

contract for a public work pursuant to the provisions of NRS 338.013 to 338.090 , inclusive. The owner of the building or proposed building and the contractor who is awarded

the contract or enters into the agreement to perform the construction, improvement,

repair, demolition or reconstruction, and any subcontractor who performs any portion

of the contract or agreement, shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the governing body of a municipality had undertaken

the construction, improvement, repair, demolition or reconstruction or had awarded

the contract. The tenant shall ensure that the owner and each contractor and developer to whom

the provisions of NRS 271A.140 apply complies with those provisions. 6. Except as otherwise provided in subsection 5, the governing body of the municipality

shall ensure that each contractor and developer to whom the provisions of NRS 271A.140 apply complies with those provisions. 7. As used in this section: (a) “ Original construction ” means any contract or other agreement for the construction, improvement, repair,

demolition or reconstruction of a project paid for, in whole or in part, or which

benefits: (1) From the proceeds of bonds or notes issued pursuant to paragraph (a) of subsection

1 of NRS 271A.120 ; or (2) Pursuant to an agreement for reimbursement entered into pursuant to paragraph

(b) of subsection 1 of NRS 271A.120 . (b) “ Original tenant ” means the first tenant of any leased property after the property is first made available

for lease.