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) Sections 1 and 15 of this bill establish a 4-year 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. As part of that pilot program, section 7 of this bill authorizes a public body to enter into job order contracts for the maintenance, repair, alteration, demolition, renovation, remediation or minor construction of a public work. Section 5 of this bill defines “public body” for purposes of this authorization to mean Clark County, the City of Henderson, the City of Las Vegas, the City of North Las Vegas and the Clark County Water Reclamation District. Section 6 of this bill requires the Labor Commissioner to enforce the provisions of existing law governing public works for a job order contract in the same manner in which he or she enforces those provisions for a contract for a public work with the same estimated cost as the job order contract. Section 7 of this bill requires a job order contract to be for a fixed period and provide for indefinite types and quantities of work and delivery times. Section 7 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 7 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. Sections 2.3 and 2.5 of this bill define the terms “adjustment factor” and “construction task,” respectively. Section 7 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 8 of this bill prescribes the qualifications a contractor who wishes to enter into a job order contract must meet. Section 9 of this bill requires a public body or its authorized representative to advertise requests for proposals or similar solicitation documents for job order contracts. Section 9 also prescribes: (1) the contents of such advertisements or similar solicitation documents; and (2) requirements for proposals. Section 10 of this bill makes 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 prohibits the disclosure of any such document or information until notice of intent to award the contract is issued. Section 11 of this bill prescribes the method for selecting a contractor for a job order contract. Specifically, section 11 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 11 limits the initial term of a job order contract to 2 years and authorizes a public body to renew a job order contract for not more than 1 year after the expiration of the initial term of the job order contract or such other period of time as is necessary to complete any outstanding job order issued before the expiration of the initial contract, whichever is sooner. Section 12 of this bill 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 12 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 7 requires a job order contract to provide for the use of job orders, which are defined in section 3 of this bill as an order issued for a definite scope of work to be performed for a fixed price pursuant to a job order contract. Section 13 of this bill 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 14 of this bill requires a public body to submit a quarterly report for the pilot program that contains certain information relating to job order contracts to the governing body of the public body. Section 14 also requires a governing body to annually submit to Director of the Legislative Counsel Bureau a written report including the information reported to the governing body during the immediately preceding calendar year. Section 15 of this bill expires this bill by limitation on June 30, 2025.

Statutes affected:
As Introduced: 338.010, 338.1373, 338.1386, 338.13862, 338.13864, 239.010