Nevada Administrative Code (Last Updated: January 6, 2015) |
Chapter338 Public Works Projects |
CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK |
Contracts Between Construction Managers at Risk and Subcontractors to Provide Labor, Materials or Equipment on Projects |
NAC338.590. Procedure for determining qualification of applicants.
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1. The construction manager at risk shall review and evaluate each application for qualification to determine whether the applicant is qualified to submit a proposal for a public work for which the construction manager at risk has entered into a contract with a public body. Not later than 45 days after an applicant has submitted a completed application for qualification, the construction manager at risk must determine whether the applicant is qualified to submit a proposal.
2. A construction manager at risk shall make a determination as to the qualification of each applicant in accordance with the criteria set forth in subsection 4 of NRS 338.16991.
3. In addition to the information provided by a subcontractor in an application for qualification, the construction manager at risk may consider any other verifiable information relating to the criteria set forth in subsection 2 that is provided to or discovered by the construction manager at risk or its employees regarding the application for qualification.
4. If, after reviewing an application for qualification, the construction manager at risk determines that a subcontractor is:
(a) Qualified to submit a proposal, the construction manager at risk shall provide written notice to the subcontractor and the public body or its authorized representative within 10 days after that determination.
(b) Not qualified to submit a proposal, the construction manager at risk shall provide written notice to the subcontractor and the public body or its authorized representative within 10 days after that determination. The notice must include, without limitation, the reasons on which the determination that the subcontractor was not qualified was based and must inform the subcontractor of his or her right to appeal the disqualification pursuant to subsection 7 of NRS 338.16991.
5. If, pursuant to this section, a construction manager at risk determines that a subcontractor is qualified to submit a proposal, the subcontractor is qualified for a period determined by the construction manager at risk, which must not exceed 24 months.
(Added to NAC by Pub. Works Bd. by R099-11, eff. 5-30-2012)