NAC338.370. Criteria for qualification; pertinent documentation and information; list of subcontractors determined not to be qualified.

     1. The following criteria will be used to determine whether a subcontractor who submits an application for qualification is qualified pursuant to NRS 338.1376 to be included in a bid:

     (a) The financial ability of the subcontractor to perform the contract. The subcontractor must include with his or her application for qualification:

          (1) A certified original statement of the bonding capacity of the subcontractor obtained from a surety which is authorized to issue bid, performance and payment bonds in this State and which:

               (I) Has received a rating of “A-” or better, as determined by A.M. Best Company of Oldwick, New Jersey; and

               (II) Is included on the list of approved sureties in Circular 570 of the Department of the Treasury.

Ê The requirements of sub-subparagraphs (I) and (II) do not apply if the surety is Lloyd’s of London. The certified original statement must specify the present single and aggregate limits of the subcontractor to work on a public work.

          (2) If the subcontractor is going to be performing work for which he or she is required to be licensed pursuant to chapter 624 of NRS, evidence that the subcontractor is properly licensed pursuant to that chapter.

          (3) A statement regarding whether the subcontractor, the principal personnel or any business entity associated with the principal personnel has filed as a debtor under the United States Bankruptcy Code during the 5 years immediately preceding the date of the application.

     (b) The qualifications of the principal personnel of the subcontractor. The subcontractor must include in his or her application for qualification a description of the professional qualifications and relevant experience of the principal personnel of the subcontractor and list not more than 10 public works and private construction projects, or any combination thereof, within the cost category for which the subcontractor is applying for qualification that have been successfully completed by the principal personnel. For each successfully completed project included on the list, the subcontractor must provide:

          (1) The name of the project or the name of the prime contractor on the project;

          (2) The scope of the project or the scope of the portion of work within the project for which the principal personnel was responsible;

          (3) The dollar amount of the project or the dollar amount of the portion of work within the project for which the principal personnel was responsible; and

          (4) The month and year of substantial completion and final completion of the contract or portion of work for which the principal personnel was responsible.

     (c) Whether the subcontractor, the principal personnel or any business entity associated with the principal personnel has been found to be in breach of contract by a court of competent jurisdiction or through binding arbitration during the 5 years immediately preceding the date of the application. For each such action, the subcontractor must include in the application for qualification a description of:

          (1) The circumstances surrounding the action;

          (2) Whether any liquidated damages were imposed in connection with the action; and

          (3) Any judgment entered against the subcontractor, principal personnel or business entity associated with the principal personnel relating to the action.

     (d) Whether the subcontractor, the principal personnel or any business entity associated with the principal personnel has been disqualified from the award of any contract pursuant to NRS 338.017 or 338.13895 during the 5 years immediately preceding the date of the application.

     (e) The past performance history of the subcontractor, the principal personnel and each business entity associated with the principal personnel during the 5 years immediately preceding the date of the application. The subcontractor must include in the application for qualification:

          (1) A description of:

               (I) Any civil judgment, findings of fact, administrative proceeding, criminal conviction or binding arbitration relating to a violation of any law pertaining to wage and hour standards, prevailing wage rates or licensing either against or by the subcontractor, principal personnel or business entity associated with the principal personnel; and

               (II) Any civil judgment, findings of fact, administrative proceeding, criminal conviction or binding arbitration either against or by the subcontractor, principal personnel or business entity associated with the principal personnel relating to a violation of any law pertaining to discrimination in employment with respect to construction work.

          (2) A list of all public works and private construction projects undertaken or completed by the subcontractor, principal personnel or business entity associated with the principal personnel during the 5 years immediately preceding the date of the application for which the cost exceeded $25,000 and for which the subcontractor, principal personnel or business entity associated with the principal personnel failed to complete:

               (I) Its portion of the work in a timely manner, as adjusted by any change order or extension of time granted;

               (II) Any remaining requirements of the contract or failed to complete its portion of the work within 90 days after substantial completion of the contract; or

               (III) Its portion of the work and the remaining work on the project was performed by another person.

          (3) A list of not more than 10 public works and private construction projects, or any combination thereof, on which the subcontractor has successfully completed his or her portion of the work during the 5 years immediately preceding the date of the application which is within the cost category for which the subcontractor seeks qualification. For each project included on the list, the subcontractor must provide:

               (I) The name of the project;

               (II) The location of the project;

               (III) The cost of the portion of the work for which the subcontractor, the principal personnel and each business entity associated with the principal personnel were responsible;

               (IV) A brief explanation of the type of work performed on the project; and

               (V) The name, address and telephone number of:

                   (i) The owner of the project;

                   (ii) The owner’s project manager;

                   (iii) The architect or engineer of the project;

                   (iv) The prime contractor for the project; and

                   (v) The superintendent of the prime contractor for the project.

     (f) Whether the subcontractor, the principal personnel or any business entity associated with the principal personnel has been disciplined or fined by the State Contractors’ Board or another state or federal agency for conduct that relates to the ability of the subcontractor to perform the work.

     2. In addition to the information provided by the subcontractor pursuant to subsection 1, any other verifiable information relating to the criteria set forth in subsection 1 that is provided to or discovered by the Division or its employees regarding the subcontractor may be used to determine whether the subcontractor is qualified to be included in a bid pursuant to NRS 338.141.

     3. The Division will maintain a public list of subcontractors that have been determined not to be qualified to be included in a bid pursuant to NRS 338.141.

     (Added to NAC by Pub. Works Bd. by R095-04, eff. 12-15-2004; A by R100-11 & R101-11, 5-30-2012)