Nevada § 408.3886 - Requests for final proposals and best and final offers: Selection or rejection of proposal or offer; contents of contract between Department and design-build team; applicability of prevailing wage requirements to projects; duties of design-build team

§ 408.3886. Requests for final proposals and best and final offers: Selection or rejection of proposal or offer; contents of contract between Department and design-build team; applicability of prevailing wage requirements to projects; duties of design-build team

1. After selecting the finalists pursuant to NRS 408.3885 , the Department shall provide to each finalist a request for final proposals for

the project. The request for final proposals must: (a) Set forth the factors that the Department will use to select a design-build team

to design and construct the project, 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 Department. 2. 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 Department

shall assign, without limitation, a relative weight of 5 percent to the design-build

team's possession of both a certificate of eligibility to receive a preference in

bidding on public works by the prime contractor on the design-build team, if the design-build

team submits a signed affidavit that meets 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 persons who hold a certificate of registration to practice architecture

or a license as a professional engineer on the design-build team, and a relative weight

of at least 30 percent for the proposed cost of design and construction of the project. If any federal statute or regulation precludes the granting of federal assistance

or reduces the amount of that assistance for a particular project 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

project. 3. A final proposal submitted by a design-build team pursuant to this section must

be prepared thoroughly, be responsive to the criteria that the Department will use

to select a design-build team to design and construct the project described in subsection

1 and comply with the provisions of NRS 338.141 . 4. After receiving the final proposals for the project, the Department shall: (a) Select the most cost-effective and responsive final proposal, using the criteria

set forth pursuant to subsections 1 and 2; (b) Reject all the final proposals; or (c) Request best and final offers from all finalists in accordance with subsection

5. 5. If the Department determines that no final proposal received is cost-effective

or responsive and the Department further determines that requesting best and final

offers pursuant to this subsection will likely result in the submission of a satisfactory

offer, the Department may prepare and provide to each finalist a request for best

and final offers for the project. In conjunction with preparing a request for best and final offers pursuant to this

subsection, the Department may alter the scope of the project, revise the estimates

of the costs of designing and constructing the project, and revise the selection factors

and relative weights described in paragraph (a) of subsection 1. A request for best and final offers prepared pursuant to this subsection must set

forth the date by which best and final offers must be submitted to the Department. After receiving the best and final offers, the Department shall: (a) Select the most cost-effective and responsive best and final offer, using the

criteria set forth in the request for best and final offers; or (b) Reject all the best and final offers. 6. If the Department selects a final proposal pursuant to paragraph (a) of subsection

4 or selects a best and final offer pursuant to paragraph (a) of subsection 5, the

Department shall hold a public meeting to: (a) Review and ratify the selection. (b) Partially reimburse the unsuccessful finalists if partial reimbursement was provided

for in the request for preliminary proposals pursuant to paragraph (f) of subsection

3 of NRS 408.3883 . 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. (c) Make available to the public a summary setting forth the factors used by the Department

to select the successful design-build team and the ranking of the design-build teams

who submitted final proposals and, if applicable, best and final offers. The Department shall not release to a third party, or otherwise make public, financial

or proprietary information submitted by a design-build team. 7. A contract awarded pursuant to this section: (a) Must comply with the provisions of NRS 338.013 to 338.090 , inclusive; and (b) Must specify: (1) An amount that is the maximum amount that the Department 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 Department 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. 8. The Department, the design-build team, any contractor who is awarded a contract

or enters into an agreement to perform work on the project, and any subcontractor

who performs work on the project shall comply with the provisions of NRS 338.013 to 338.090 , inclusive, in the same manner as if the Department had undertaken the project or

had awarded the contract. 9. A design-build team to whom a contract is awarded pursuant to this section shall: (a) Assume overall responsibility for ensuring that the design and construction of

the project is completed in a satisfactory manner; and (b) Use the workforce of the prime contractor on the design-build team to construct

at least 15 percent of the project.