Nevada Revised Statutes 338.1376 – State public works: Qualification of subcontractors; disqualification; appeal
1. Each subcontractor whose name is required to be included in a bid pursuant to NRS 338.141 must, to be eligible to provide labor or a portion of the work or improvement to a contractor to whom the Division awards a contract pursuant to this chapter, be qualified in accordance with criteria established by regulation by the State Public Works Board. The criteria established by the State Public Works Board pursuant to this subsection must be made applicable to a subcontractor but must otherwise be substantively identical to the criteria set forth in paragraph (b) of subsection 3 of NRS 338.1375.
Terms Used In Nevada Revised Statutes 338.1376
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Contractor: means :
(a) A person who is licensed pursuant to the provisions of chapter 624 of NRS. See Nevada Revised Statutes 338.010
- Division: means the State Public Works Division of the Department of Administration. See Nevada Revised Statutes 338.010
- Subcontractor: means a person who:
(a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and
(b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project. See Nevada Revised Statutes 338.010
2. A subcontractor shall be presumed to be qualified pursuant to subsection 1 unless the Division has received information that:
(a) The Division determines to be sufficient and verifiable; and
(b) Indicates the subcontractor does not meet the criteria established by regulation pursuant to subsection 1.
3. Upon receipt of sufficient and verifiable information of a type described in subsection 2, the Division shall require a subcontractor regarding whom such information is received to submit to the Division, on a form prescribed by the Division, an application for qualification in accordance with the criteria established by regulation pursuant to subsection 1. After receiving such an application, the Division shall determine whether the subcontractor is qualified in accordance with the criteria established by regulation pursuant to subsection 1. Except as otherwise provided in subsection 4, if the Division determines that the subcontractor does not meet such criteria, the Division may disqualify the subcontractor, for a period set by the Division, from participating in public works projects which are sponsored by the Division. The Division shall provide written notice to the subcontractor of any such disqualification.
4. A subcontractor may appeal a disqualification pursuant to subsection 3 in the manner set forth in NRS 338.1381.