Nevada Revised Statutes 338.017 – Temporary prohibition or disqualification of contractor from award of contract after imposition of administrative penalty or debarment by Federal Government; notification of State Contractors’ Board
1. If any administrative penalty is imposed pursuant to this chapter against a person for the commission of an offense, that person, and the corporate officers, if any, of that person, may not be awarded a contract for a public work:
Terms Used In Nevada Revised Statutes 338.017
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work. See Nevada Revised Statutes 338.010
- Contractor: means :
(a) A person who is licensed pursuant to the provisions of chapter 624 of NRS. See Nevada Revised Statutes 338.010
- Offense: means :
(a) Failing to:
(1) Pay the prevailing wage required pursuant to this chapter;
(2) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;
(3) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or
(4) Comply with subsection 5 or 6 of Nevada Revised Statutes 338.010
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Public work: means any project for the new construction, repair or reconstruction of a project financed in whole or in part from public money for:
(a) Public buildings;
(b) Jails and prisons;
(c) Public roads;
(d) Public highways;
(e) Public streets and alleys;
(f) Public utilities;
(g) Publicly owned water mains and sewers;
(h) Public parks and playgrounds;
(i) Public convention facilities which are financed at least in part with public money; and
(j) All other publicly owned works and property. See Nevada Revised Statutes 338.010
(a) For the first offense, for a period of 3 years after the date of the imposition of the administrative penalty; and
(b) For the second or subsequent offense, for a period of 5 years after the date of the imposition of the administrative penalty.
2. A person, and the corporate officers, if any, of that person, who is identified in the System for Award Management Exclusions operated by the General Services Administration as being excluded from receiving contracts from the Federal Government pursuant to 48 C.F.R. § 9.400 et seq. as a result of being debarred may not be awarded a contract for a public work for the period of debarment of the contractor from receiving contracts from the Federal Government.
3. The Labor Commissioner, upon learning that a contractor has been excluded from receiving contracts from the Federal Government pursuant to 48 C.F.R. § 9.400 et seq. as a result of being debarred, shall disqualify the contractor from being awarded a contract for a public work as provided in subsection 2.
4. The Labor Commissioner shall notify the State Contractors’ Board of each contractor who is prohibited or disqualified from being awarded a contract for a public work pursuant to this section.