NAC338.260. Action on application; period of qualification; reapplication after denial of application; denial of request to withdraw application.

     1. The Administrator shall appoint a committee consisting of a deputy administrator and at least two other employees of the Division to review and score applications submitted pursuant to NAC 338.250 to determine whether a prime contractor is qualified to bid on one or more contracts for public works. Such a determination must be made within 45 days after receipt of the completed application by the Division.

     2. The committee shall calculate the scores of applications based on the weights of the criteria set forth in NAC 338.240 or 338.245 that are prescribed by the Board. In addition to the information provided by a prime contractor in his or her application submitted pursuant to NAC 338.250, the committee:

     (a) May consider any other verifiable information relating to the criteria set forth in NAC 338.240 or 338.245 that is provided to or discovered by the Division or its employees regarding the application to determine whether the prime contractor is qualified to bid on one or more contracts for public works; and

     (b) Shall consider each final evaluation of the performance of the prime contractor on a public work of this State that was provided to the prime contractor pursuant to NAC 338.285 on or after September 18, 2008, and within the 5 years immediately preceding the date of the application to determine whether the prime contractor is qualified to bid on one or more contracts for public works.

     3. If, after reviewing and scoring an application, the committee determines that the prime contractor is:

     (a) Qualified, the Administrator shall provide written notice to the prime contractor within 10 days after that determination. If the application was for qualification to bid for a 2-year period, the notice must indicate the date on which the qualification expires and that, for the period of qualification, the prime contractor is qualified to bid on public works for which the estimated cost does not exceed the maximum dollar amount of the cost category for which the prime contractor is qualified to submit bids.

     (b) Not qualified, the Administrator shall provide written notice to the prime contractor by certified mail within 10 days after that determination. Pursuant to subsection 3 of NRS 338.1379, the notice must include, without limitation, the reasons for the denial of the application and inform the prime contractor of his or her right to a hearing pursuant to NRS 338.1381 and NAC 338.270.

     4. Except as otherwise provided in this subsection and NAC 338.280, the qualification of a prime contractor to bid on contracts for public works expires 2 years after the date on which the committee determines that the prime contractor is qualified. The qualification of a prime contractor for a specific public work expires upon completion of that public work.

     5. A prime contractor who applied for qualification for a 2-year period and whose application was denied may not reapply for qualification for a 2-year period until 1 year after the date on which the application was denied or, if the prime contractor appeals the denial of the application, 1 year after the date on which the board of appeals appointed pursuant to NAC 338.270 denies the appeal. Denial of an application for qualification on a specific public work does not prohibit the prime contractor from submitting an application for qualification for a 2-year period or qualification on another specific public work.

     6. The Administrator may deny a request by a prime contractor to withdraw his or her application regardless of whether the application is complete. Within 10 days after receipt of notice that his or her request to withdraw the application has been denied, the prime contractor may appeal the decision of the Administrator to deny the request to withdraw the application by filing a request for a hearing with the Board pursuant to NAC 338.270. The request for a hearing must set forth the basis for the appeal. The prime contractor may, at the time the prime contractor files the request for a hearing, submit copies of any documents that support his or her appeal.

     (Added to NAC by Pub. Works Bd. by R085-01, eff. 12-17-2001; A by R095-04, 12-15-2004; R071-08, 9-18-2008; R098-09 & R099-09, 10-15-2010; R100-11, 5-30-2012)