Existing law prescribes general procedures for awarding a contract for a public work. (Chapter 338 of NRS) Existing law also authorizes a local government to comply with alternative procedures for awarding a contract for a public work. (NRS 338.1373) Senate Bill No. 67 of the 2021 Legislative Session established a pilot program to gather data on the use of job order contracts for certain public works in Clark County, the City of Henderson, the City of Las Vegas, the City of North Las Vegas and the Clark County Water Reclamation District and authorized those public bodies, as part of the pilot program, to enter into job order contracts for the maintenance, repair, alteration, demolition, renovation, remediation or minor construction of a public work. (Chapter 523, Statutes of Nevada 2021, at page 3509) The pilot program expires on June 30, 2025. (Section 15 of chapter 523, Statutes of Nevada 2021, at page 3514) Sections 2-16 of this bill: (1) establish a similar, permanent program; (2) authorize certain public bodies to award job order contracts for certain public works; and (3) set forth various requirements and restrictions concerning the use of job order contracts by those public bodies. Section 2 provides that the provisions of sections 2-16 apply only to a public body that is: (1) a county whose population is 700,000 or more (currently only Clark County); (2) a city whose population is 150,000 or more located in such a county (currently the Cities of Henderson, Las Vegas and North Las Vegas); or (3) a general improvement district located in such a county which is granted certain powers relating to sanitary sewer systems. (NRS 318.140) Section 3 establishes a program to gather data on the use of job order contracts for certain public works and directs each public body to gather and report data on the use of job order contracts. Sections 5-8 define certain terms for the purposes of this bill. Section 9 authorizes a public body to award job order contracts for the maintenance, repair, alteration, demolition, renovation, remediation or minor construction of public works. Section 17 of this bill revises the list of procedures by which a local government may award a contract for a public work to include the use of job order contracts if the local government is a public body to which the provisions of sections 2-16 apply pursuant to section 2. Section 9 requires a job order contract to be for a fixed period and provide for indefinite types and quantities of work and delivery times. Section 9 provides that a job order contract: (1) must not be for work exclusive to one trade for which a license as a specialty contractor is required; and (2) must require a contractor to prepare and submit a proposal for each job order. Section 9 requires such a proposal to include the proposed price for the job order, each construction task required to perform the job order, the unit price for each such task and the adjustment factor applicable to the performance of the task. Section 9 also requires a public body to adopt a written policy for the assignment of job orders and limits the total dollar amount of job order contracts that may be awarded annually by each public body. Section 10 prescribes the qualifications a contractor who wishes to enter into a job order contract must meet. Section 11 requires a public body or its authorized representative to advertise requests for proposals or similar solicitation documents for job order contracts. Section 11 also prescribes: (1) the contents of such advertisements or similar solicitation documents; and (2) requirements for proposals. Sections 12 and 18 of this bill make any document or other information submitted to a public body in response to a request for proposals or similar solicitation document for a job order contract confidential and prohibit disclosure of any such document or information until notice of intent to award the contract is issued. Section 13 prescribes the method for selecting a contractor for a job order contract. Specifically, section 13 requires a public body or its authorized representative to appoint a panel to rank the proposals submitted in response to the request for proposals and award a job order contract to one or more applicants. Section 14 prescribes certain responsibilities of a contractor who enters into a job order contract relating to contracting for the services of a subcontractor, supplier or professional. Section 14 also prohibits a contractor who enters into a job order contract from performing more than 50 percent of the estimated cost of a work order himself or herself, or using his or her own employees. Section 9 requires a job order contract to provide for the use of job orders, which are defined in section 7 as an order issued for a definite scope of work to be performed for a fixed price pursuant to a job order contract. Section 15 requires a contractor to submit a list of each subcontractor whom the contractor intends to engage before a public body issues a job order. Section 16 requires a public body to submit a quarterly report that contains certain information relating to job order contracts to the governing body of the public body. Section 16 also requires a governing body to annually submit to the Director of the Legislative Counsel Bureau a written report including the information reported to the governing body during the immediately preceding calendar year.

Statutes affected:
As Introduced: 338.1373, 239.010
BDR: 338.1373, 239.010