NAC459.99938. Compliance with certain labor laws; participation of disadvantaged businesses.

     1. A recipient shall comply with all applicable provisions of the Davis-Bacon Act, 40 U.S.C. §§ 3141 et seq., and NRS 338.010 to 338.090, inclusive. The Division shall review the final contract documents to verify that the proper determinations of wages pursuant to federal and state law have been included. The recipient is responsible for ensuring compliance with all applicable labor laws.

     2. An applicant for and recipient of financial assistance shall comply with the requirements of federal law concerning the participation of disadvantaged businesses.

     3. A recipient of financial assistance shall attempt to comply with the fair share percentages established annually for disadvantaged businesses by the Division and the United States Environmental Protection Agency. Any recipient who does not meet these goals shall submit evidence of compliance with the affirmative steps set forth in subsection 5.

     4. A recipient of financial assistance shall submit with his or her request for approval of a contract for remedial services a report, in the form prescribed by the Division, of participation by disadvantaged businesses. If the low bidder on a contract for remedial services does not meet the fair share requirements for disadvantaged businesses, the recipient shall submit to the Division evidence of compliance by the bidder with the affirmative steps set forth in subsection 5.

     5. If the recipient awards a contract for remedial services, the recipient shall take affirmative steps to ensure that disadvantaged businesses are used to the extent possible as sources of supplies, equipment, materials and services. These affirmative steps must include, without limitation:

     (a) Including such businesses on solicitation lists;

     (b) Ensuring that such businesses are solicited if they are potential sources; and

     (c) Dividing total requirements, if economically feasible, into small tasks or quantities to permit maximum participation by disadvantaged businesses.

     6. During the implementation of corrective actions or the monitoring of the corrective actions after they have been completed, the recipient shall permit any authorized representative of the Division to enter onto the site of the project at any reasonable time.

     7. A copy of each executed change order relating to a contract for remedial services must be submitted to the Division.

     8. A recipient shall comply with the requirements of NAC 459.970 to 459.9729, inclusive.

     (Added to NAC by Environmental Comm’n by R084-04, eff. 10-8-2004)