Nevada § 338.173 - Certificate of eligibility to receive preference when competing for public works to certain design professionals: Issuance; duration; ineligibility for submission of false information; regulations; fees; written objections

§ 338.173. Certificate of eligibility to receive preference when competing for public works to certain design professionals: Issuance; duration; ineligibility for submission of false information; regulations; fees; written objections

1. The State Board of Architecture, Interior Design and Residential Design shall issue

a certificate of eligibility to receive a preference when competing for public works

to a person who holds a certificate of registration to engage in the practice of architecture

pursuant to the provisions of chapter 623 of NRS and submits to the Board an affidavit from a certified public accountant setting

forth that the person has, while holding a certificate of registration to engage in

the practice of architecture in this State: (a) Paid directly, on his or her own behalf the excise tax imposed upon an employer

by NRS 363B.110 of not less than $1,500 for each consecutive 12-month period for 36 months immediately

preceding the submission of the affidavit from the certified public accountant; or (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan,

all the assets and liabilities of a viable, operating business that engages in the

practice of architecture that: (1) Satisfies the requirements of NRS 623.350 ; and (2) Possesses a certificate of eligibility to receive a preference when competing

for public works. 2. The State Board of Landscape Architecture shall issue a certificate of eligibility

to receive a preference when competing for public works to a person who holds a certificate

of registration to engage in the practice of landscape architecture pursuant to the

provisions of chapter 623A of NRS and submits to the Board an affidavit from a certified public accountant setting

forth that the person has, while holding a certificate of registration to engage in

the practice of landscape architecture in this State: (a) Paid directly, on his or her own behalf the excise tax imposed upon an employer

by NRS 363B.110 of not less than $1,500 for each consecutive 12-month period for 36 months immediately

preceding the submission of the affidavit from the certified public accountant; or (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan,

all the assets and liabilities of a viable, operating business that engages in the

practice of landscape architecture that: (1) Satisfies the requirements of NRS 623A.250 ; and (2) Possesses a certificate of eligibility to receive a preference when competing

for public works. 3. The State Board of Professional Engineers and Land Surveyors shall issue a certificate

of eligibility to receive a preference when competing for public works to a professional

engineer or professional land surveyor who is licensed pursuant to the provisions

of chapter 625 of NRS and submits to the Board an affidavit from a certified public accountant setting

forth that the professional engineer or professional land surveyor has, while licensed

as a professional engineer or professional land surveyor in this State: (a) Paid directly, on his or her own behalf the excise tax imposed upon an employer

by NRS 363B.110 of not less than $1,500 for each consecutive 12-month period for 36 months immediately

preceding the submission of the affidavit from the certified public accountant; or (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan,

all the assets and liabilities of a viable, operating business that engages in engineering

or land surveying that: (1) Satisfies the requirements of NRS 625.407 ; and (2) Possesses a certificate of eligibility to receive a preference when competing

for public works. 4. For the purposes of complying with the requirements set forth in paragraph (a)

of subsection 1, paragraph (a) of subsection 2 and paragraph (a) of subsection 3,

a person shall be deemed to have paid: (a) The excise tax imposed upon an employer by NRS 363B.110 by an affiliate or parent company of the person, if the affiliate or parent company

also satisfies the requirements of NRS 623.350 , 623A.250 or 625.407 , as applicable; and (b) The excise tax imposed upon an employer by NRS 363B.110 by a joint venture in which the person is a participant, in proportion to the amount

of interest the person has in the joint venture. 5. A design professional who has received a certificate of eligibility to receive

a preference when competing for public works pursuant to subsection 1, 2 or 3 must,

at the time for the renewal of his or her professional license or certificate of registration,

as applicable, pursuant to chapter 623, 623A or 625 of NRS , submit to the applicable licensing board an affidavit from a certified public accountant

setting forth that the design professional has, during the immediately preceding 12

months, paid the taxes required pursuant to paragraph (a) of subsection 1, paragraph

(a) of subsection 2 or paragraph (a) of subsection 3, as applicable, to maintain eligibility

to hold such a certificate. 6. A design professional who fails to submit an affidavit to the applicable licensing

board pursuant to subsection 5 ceases to be eligible to receive a preference when

competing for public works unless the design professional reapplies for and receives

a certificate of eligibility pursuant to subsection 1, 2 or 3, as applicable. 7. If a design professional holds more than one license or certificate of registration,

the design professional must submit a separate application for each license or certificate

of registration pursuant to which the design professional wishes to qualify for a

preference when competing for public works. Upon issuance, the certificate of eligibility to receive a preference when competing

for public works becomes part of the design professional's license or certificate

of registration for which the design professional submitted the application. 8. If a design professional who applies to a licensing board for a certificate of

eligibility to receive a preference when competing for public works pursuant to subsection

1, 2 or 3 submits false information to the licensing board regarding the required

payment of taxes, the design professional is not eligible to receive a preference

when competing for public works for a period of 5 years after the date on which the

licensing board becomes aware of the submission of the false information. 9. The State Board of Architecture, Interior Design and Residential Design, the State

Board of Landscape Architecture and the State Board of Professional Engineers and

Land Surveyors shall adopt regulations and may assess reasonable fees relating to

their respective certification of design professionals for a preference when competing

for public works. 10. A person or entity who believes that a design professional wrongfully holds a

certificate of eligibility to receive a preference when competing for public works

may challenge the validity of the certificate by filing a written objection with the

public body which selected, for the purpose of providing services for a public work,

the design professional who holds the certificate. A written objection authorized pursuant to this subsection must: (a) Set forth proof or substantiating evidence to support the belief of the person

or entity that the design professional wrongfully holds a certificate of eligibility

to receive a preference when competing for public works; and (b) Be filed with the public body not later than 3 business days after: (1) The date on which the public body makes available to the public pursuant to subsection

3 of NRS 338.1725 the information required by that subsection, if the design-build team of which the

design professional who holds the certificate is a part was selected as a finalist

pursuant to NRS 338.1725 ; (2) The date on which the Department of Transportation makes available to the public

pursuant to subsection 3 of NRS 408.3885 the information required by that subsection, if the design-build team of which the

design professional who holds the certificate is a part was selected as a finalist

pursuant to NRS 408.3885 ; or (3) The date on which the licensing board which issued the certificate to the design

professional posted on its Internet website the information required by NRS 338.1425 , if the design professional is identified in that information as being selected for

a contract governed by NRS 338.155 . 11. If a public body receives a written objection pursuant to subsection 10, the public

body shall determine whether the objection is accompanied by the proof or substantiating

evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required

proof or substantiating evidence, the public body shall dismiss the objection and

the public body or its authorized representative may proceed immediately to award

the contract. If the public body determines that the objection is accompanied by the required

proof or substantiating evidence, the public body shall determine whether the design

professional qualifies for the certificate pursuant to the provisions of this section

and the public body or its authorized representative may proceed to award the contract

accordingly.