NAC408.690. Partial reimbursement for costs of proposal: Conditions and limitations.

     1. Except as otherwise provided in this section, the Department and its agents, officers or employees are not liable for reimbursing any proposer for the costs incurred by the proposer in developing or negotiating a proposal.

     2. The Department may partially reimburse the unsuccessful proposers who submitted a responsive proposal, or any other person as set forth in the request for proposals, if partial reimbursement was provided for in the request for proposals pursuant to paragraph (e) of subsection 3 of NAC 408.684.

     3. The amount of such reimbursement must not exceed, for each unsuccessful proposer or other person:

     (a) Three percent of the total capital cost of the project, as estimated by the Department, if construction is part of the scope of the project; or

     (b) Three percent of the total project cost, as estimated by the Department.

     4. Any reimbursement made pursuant to this section is payable in the manner set forth in the request for proposals but, notwithstanding the request for proposals, is payable not later than the execution of the contract or financial close, whichever occurs later.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)