Nevada § 338.16991 - Contract between construction manager at risk and subcontractor to provide labor, materials or equipment on project: Eligibility; procedure for determination of qualification of subcontractor to submit proposal

§ 338.16991. Contract between construction manager at risk and subcontractor to provide labor, materials or equipment on project: Eligibility; procedure for determination of qualification of subcontractor to submit proposal

1. To be eligible to provide labor, materials or equipment on a public work, the contract

for which a public body has entered into with a construction manager at risk pursuant

to NRS 338.1696 , a subcontractor must be: (a) Licensed pursuant to chapter 624 of NRS ; and (b) Qualified pursuant to the provisions of this section to submit a proposal for

the provision of labor, materials or equipment on a public work. 2. Subject to the provisions of subsections 3, 4 and 5, the construction manager at

risk shall determine whether an applicant is qualified to submit a proposal for the

provision of labor, materials or equipment on the public work for the purposes of

paragraph (b) of subsection 1. 3. Not earlier than 30 days after a construction manager at risk has been selected

pursuant to NRS 338.1693 and not later than 10 working days before the date by which an application must be

submitted, the construction manager at risk shall advertise for applications from

subcontractors in the manner set forth in paragraph (a) of subsection 1 of NRS 338.1385 . The construction manager at risk may accept an application from a subcontractor

before advertising for applications pursuant to this subsection. 4. The criteria to be used by the construction manager at risk when determining whether

an applicant is qualified to submit a proposal for the provision of labor, materials

or equipment must include, and must be limited to: (a) The monetary limit placed on the license of the applicant by the State Contractors'

Board pursuant to NRS 624.220 ; (b) The financial ability of the applicant to provide the labor, materials or equipment

required on the public work; (c) Whether the applicant has the ability to obtain the necessary bonding for the

work required by the public body; (d) The safety programs established and the safety records accumulated by the applicant; (e) Whether the applicant has breached any contracts with a public body or person

in this State or any other state during the 5 years immediately preceding the application; (f) Whether the applicant has been disciplined or fined by the State Contractors'

Board or another state or federal agency for conduct that relates to the ability of

the applicant to perform the public work; (g) The performance history of the applicant concerning other recent, similar public

or private contracts, if any, completed by the applicant in Nevada; (h) The principal personnel of the applicant; (i) Whether the applicant has been disqualified from the award of any contract pursuant

to NRS 338.017 or 338.13895 ; and (j) The truthfulness and completeness of the application. 5. The public body or its authorized representative shall ensure that each determination

made pursuant to subsection 2 is made subject to the provisions of subsection 4. 6. The construction manager at risk shall notify each applicant and the public body

in writing of a determination made pursuant to subsection 2. 7. A determination made pursuant to subsection 2 that an applicant is not qualified

may be appealed pursuant to NRS 338.1381 to the public body with whom the construction manager at risk has entered into a

contract for the construction of the public work.