Nev. Admin. Code § 338.580

Current through June 11, 2024

Section 338.580 - Submission of applications for qualification

1. The advertisement for applications for qualification published by a construction manager at risk pursuant to subsection 3 of NRS 338.16991, must state that the construction manager at risk will return unopened a proposal received from a subcontractor who has not qualified to submit a proposal pursuant to NRS 338.16991.

2. To qualify to submit a proposal pursuant to NRS 338.16991, a subcontractor must:

(a) Submit to the construction manager at risk an application for qualification on a form prescribed and provided by the construction manager at risk.

(b) Be qualified by the construction manager at risk pursuant to the provisions of NRS 338.16991 before proposals are required to be submitted to the construction manager at risk for the public work on which the subcontractor wishes to submit a proposal.

3. For the purpose of ensuring that the determination of whether subcontractors are qualified to submit proposals is based on the criteria set forth in subsection 4 of NRS 338.16991, the construction manager at risk must provide to the public body or its authorized representative a copy of the application form used by the construction manager at risk to qualify subcontractors.

4. An application for qualification must:

(a) Contain the original signature of the subcontractor; and

(b) At a minimum, include the following information:

(1) The monetary limit on the applicant's license established by the State Contractors' Board pursuant to subsection 2 of NRS 624.220;

(2) A statement of the applicant's bonding capacity which is obtained from a surety authorized to issue bid, performance and payment bonds in this State;

(3) A description of the applicant's current workload and schedule;

(4) A balance sheet for the applicant which was prepared within 1 year of the notice to proceed; and

(5) Evidence of a bank account in good standing.

5. The submission of a materially incomplete or falsified application for qualification by a subcontractor and the failure of the subcontractor to disclose information required in the application may be grounds for the disqualification of the subcontractor.

6. A construction manager at risk may not delay the opening of proposals pursuant to NAC 338.630 pending the determination or appeal of the determination of the qualification of a subcontractor who wishes to submit a proposal.

7. A construction manager at risk must determine that at least three subcontractors in each trade or scope of work necessary to provide labor, materials and equipment for a public work are qualified to submit a proposal for the public work, unless the construction manager at risk has obtained the written approval of the public body to qualify fewer than three subcontractors in a particular trade or scope of work.

Nev. Admin. Code § 338.580

Added to NAC by Pub. Works Bd. by R099-11, eff. 5-30-2012

NRS 338.16991, 341.070, 341.110