NAC338.620. Proposals: When considered responsive; process if fewer than three received; envelopes must be time stamped.

     1. To be considered responsive a proposal must:

     (a) Satisfy the requirements of subsection 6 of NRS 338.16995;

     (b) Be submitted:

          (1) In a sealed envelope; and

          (2) By a subcontractor whom the construction manager at risk determined to be qualified in the trade or scope of work for which the proposal was submitted and who attended the preproposal meeting; and

     (c) Respond to the details and requirements included in the instructions related to the proposal and the bid package.

     2. If a construction manager at risk has determined that three or more subcontractors are qualified to submit proposals for a trade or scope of work and has received fewer than three proposals for that trade or scope of work at the time proposals are opened, the construction manager at risk may not open any proposal for that trade or scope of work until the construction manager at risk receives from the public body or its authorized representative written directions concerning the manner in which to proceed. The public body has complete discretion to develop the written directions and the construction manager at risk must proceed in a manner consistent with the written directions developed by the public body. If the public body directs the construction manager at risk to solicit additional proposals, a subcontractor that has submitted a proposal may withdraw the proposal.

     3. A construction manager at risk shall time stamp all envelopes containing proposals to provide labor, materials or equipment on a public work which are submitted by subcontractor.

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