Nevada § 338.1727 - Request for and submission of final proposals; selection or rejection of final proposals; awarding of contract; partial reimbursement of unsuccessful finalists in certain circumstances; contents of contract; availability to public of certain information
Full text of Nevada Nevada Revised Statutes § 338.1727 — Request for and submission of final proposals; selection or rejection of final proposals; awarding of contract; partial reimbursement of unsuccessful finalists in certain circumstances; contents of contract; availability to public of certain information, with citation guidance and answers to common questions.
§ 338.1727. Request for and submission of final proposals; selection or rejection of final proposals; awarding of contract; partial reimbursement of unsuccessful finalists in certain circumstances; contents of contract; availability to public of certain information
1. After selecting the finalists pursuant to NRS 338.1725 , the public body shall provide to each finalist a request for final proposals for
the public work. The request for final proposals must: (a) Set forth the factors that the public body will use to select a design-build team
to design and construct the public work, including the relative weight to be assigned
to each factor; and (b) Set forth the date by which final proposals must be submitted to the public body. 2. If one or more of the finalists selected pursuant to NRS 338.1725 is disqualified or withdraws, the public body may select a design-build team from
the remaining finalist or finalists. 3. Except as otherwise provided in this subsection, in assigning the relative weight
to each factor for selecting a design-build team pursuant to subsection 1, the public
body shall assign, without limitation, a relative weight of 5 percent to the possession
of both a certificate of eligibility to receive a preference in bidding on public
works by all contractors on the design-build team if the contractors submit signed
affidavits that meet the requirements of subsection 1 of NRS 338.0117 , and a certificate of eligibility to receive a preference when competing for public
works by all design professionals on the design-build team, and a relative weight
of at least 30 percent to the proposed cost of design and construction of the public
work. 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 relating to a preference in bidding on public works,
or a preference when competing for public works, those provisions of this subsection
do not apply insofar as their application would preclude or reduce federal assistance
for that public work. 4. A final proposal submitted by a design-build team pursuant to this section must
be prepared thoroughly and be responsive to the criteria that the public body will
use to select a design-build team to design and construct the public work described
in subsection 1. A design-build team that submits a final proposal which is not responsive shall
not be awarded the contract and shall not be eligible for the partial reimbursement
of costs provided for in subsection 7. 5. A final proposal is exempt from the requirements of NRS 338.141 . 6. After receiving and evaluating the final proposals for the public work, the public
body or its authorized representative shall enter into negotiations with the most
qualified applicant, as determined pursuant to the criteria set forth pursuant to
subsections 1 and 3, and award the design-build contract to the design-build team
whose proposal is selected. If the public body or its authorized representative is unable to negotiate with
the most qualified applicant a contract that is determined by the parties to be fair
and reasonable, the public body may 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. 7. If a public body selects a final proposal and awards a design-build contract pursuant
to subsection 6, the public body shall: (a) Partially reimburse the unsuccessful finalists if partial reimbursement was provided
for in the request for preliminary proposals pursuant to paragraph (j) of subsection
2 of NRS 338.1723 . The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent
of the total amount to be paid to the design-build team as set forth in the design-build
contract. (b) Make available to the public the results of the evaluation of final proposals
that was conducted and the ranking of the design-build teams who submitted final proposals. The public body shall not release to a third party, or otherwise make public, financial
or proprietary information submitted by a design-build team. 8. A contract awarded pursuant to this section: (a) Must comply with the provisions of NRS 338.020 to 338.090 , inclusive. (b) Must specify: (1) An amount that is the maximum amount that the public body will pay for the performance
of all the work required by the contract, excluding any amount related to costs that
may be incurred as a result of unexpected conditions or occurrences as authorized
by the contract; (2) An amount that is the maximum amount that the public body will pay for the performance
of the professional services required by the contract; and (3) A date by which performance of the work required by the contract must be completed. (c) May set forth the terms by which the design-build team agrees to name the public
body, at the cost of the public body, as an additional insured in an insurance policy
held by the design-build team. (d) Except as otherwise provided in paragraph (e), must not require the design professional
to defend, indemnify or hold harmless the public body or the employees, officers or
agents of that public body from any liability, damage, loss, claim, action or proceeding
caused by the negligence, errors, omissions, recklessness or intentional misconduct
of the employees, officers and agents of the public body. (e) May require the design-build team to defend, indemnify and hold harmless the public
body, and the employees, officers and agents of the public body from any liabilities,
damages, losses, claims, actions or proceedings, including, without limitation, reasonable
attorneys' fees, that are caused by the negligence, errors, omissions, recklessness
or intentional misconduct of the design-build team or the employees or agents of the
design-build team in the performance of the contract. (f) Must require that the design-build team to whom a contract is awarded assume overall
responsibility for ensuring that the design and construction of the public work is
completed in a satisfactory manner. 9. Upon award of the design-build contract, the public body shall make available to
the public copies of all preliminary and final proposals received.
Source: official Nevada text · Last verified 2026-08-27
Frequently Asked Questions About Nevada § 338.1727
What does Nevada Revised Statutes § 338.1727 cover?
Section 338.1727 ("Request for and submission of final proposals; selection or rejection of final proposals; awarding of contract; partial reimbursement of unsuccessful finalists in certain circumstances; contents of contract; availability to public of certain information") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 338.1727?
A common citation format is "Nevada Revised Statutes § 338.1727" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 338.1727 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.