NRS 408.3886
Requests for final proposals and best and final offers: Selection or rejection of proposal or offer

  • contents of contract between Department and design-build team
  • applicability of prevailing wage requirements to projects
  • duties of design-build team.

1.

After selecting the finalists pursuant to NRS 408.3885, the Department shall provide to each finalist a request for final proposals for the project. The request for final proposals must:

(a)

Set forth the factors that the Department will use to select a design-build team to design and construct the project, including the relative weight to be assigned to each factor; and

(b)

Set forth the date by which final proposals must be submitted to the Department.

2.

Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the Department shall assign, without limitation, a relative weight of 5 percent to the design-build team’s possession of both a certificate of eligibility to receive a preference in bidding on public works by the prime contractor on the design-build team, if the design-build team submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117, and a certificate of eligibility to receive a preference when competing for public works by all persons who hold a certificate of registration to practice architecture or a license as a professional engineer on the design-build team, and a relative weight of at least 30 percent for the proposed cost of design and construction of the project. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular project because of the provisions of this subsection relating to a preference in bidding on public works or a preference when competing for public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that project.

3.

A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the Department will use to select a design-build team to design and construct the project described in subsection 1 and comply with the provisions of NRS 338.141.

4.

After receiving the final proposals for the project, the Department shall:

(a)

Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to subsections 1 and 2;

(b)

Reject all the final proposals; or

(c)

Request best and final offers from all finalists in accordance with subsection 5.

5.

If the Department determines that no final proposal received is cost-effective or responsive and the Department further determines that requesting best and final offers pursuant to this subsection will likely result in the submission of a satisfactory offer, the Department may prepare and provide to each finalist a request for best and final offers for the project. In conjunction with preparing a request for best and final offers pursuant to this subsection, the Department may alter the scope of the project, revise the estimates of the costs of designing and constructing the project, and revise the selection factors and relative weights described in paragraph (a) of subsection 1. A request for best and final offers prepared pursuant to this subsection must set forth the date by which best and final offers must be submitted to the Department. After receiving the best and final offers, the Department shall:

(a)

Select the most cost-effective and responsive best and final offer, using the criteria set forth in the request for best and final offers; or

(b)

Reject all the best and final offers.

6.

If the Department selects a final proposal pursuant to paragraph (a) of subsection 4 or selects a best and final offer pursuant to paragraph (a) of subsection 5, the Department shall hold a public meeting to:

(a)

Review and ratify the selection.

(b)

Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (f) of subsection 3 of NRS 408.3883. The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.

(c)

Make available to the public a summary setting forth the factors used by the Department to select the successful design-build team and the ranking of the design-build teams who submitted final proposals and, if applicable, best and final offers. The Department shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.

7.

A contract awarded pursuant to this section:

(a)

Must comply with the provisions of NRS 338.013 to 338.090, inclusive; and

(b)

Must specify:

(1)

An amount that is the maximum amount that the Department will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;

(2)

An amount that is the maximum amount that the Department will pay for the performance of the professional services required by the contract; and

(3)

A date by which performance of the work required by the contract must be completed.

8.

The Department, the design-build team, any contractor who is awarded a contract or enters into an agreement to perform work on the project, and any subcontractor who performs work on the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the Department had undertaken the project or had awarded the contract.

9.

A design-build team to whom a contract is awarded pursuant to this section shall:

(a)

Assume overall responsibility for ensuring that the design and construction of the project is completed in a satisfactory manner; and

(b)

Use the workforce of the prime contractor on the design-build team to construct at least 15 percent of the project.

Source: Section 408.3886 — Requests for final proposals and best and final offers: Selection or rejection of proposal or offer; contents of contract between Department and design-build team; applicability of prevailing wage requirements to projects; duties of design-build team., https://www.­leg.­state.­nv.­us/NRS/NRS-408.­html#NRS408Sec3886.

408.010
Short title.
408.015
Rules of construction.
408.020
Definitions.
408.033
“Board” defined.
408.037
“Business” defined.
408.040
“City” defined.
408.042
“Conveyance system” defined.
408.045
“Department” defined.
408.046
“Director” defined.
408.047
“Displaced person” defined.
408.050
“Encroachment” defined.
408.056
“Family” defined.
408.057
“Farm operation” defined.
408.058
“Farmer” defined.
408.059
“Federal-aid highways” defined.
408.060
“Freeway” defined.
408.065
“Frontage road” defined.
408.067
“Grade line” defined.
408.070
“Highway” defined.
408.077
“Planning agency” defined.
408.078
“Public lands” defined.
408.080
“Rights-of-way” defined.
408.090
“Shall” and “may” construed.
408.095
“Town” defined.
408.100
Declaration of legislative intent.
408.106
Creation
408.115
Office.
408.118
Study of operations of Department: Legislative approval required.
408.119
Governor authorized to direct naming of state highway, road, bridge or transportation facility after deceased member of Armed Forces of United States
408.121
Adoption and use of seal
408.126
Meetings.
408.133
Plan for measuring performance of Department
408.141
Rules
408.146
Sale or lease of certain water rights to public utility
408.151
Loans from financial institutions
408.160
Director: Appointment
408.163
Director: Qualifications
408.170
Director: Other employment prohibited
408.178
Qualifications and classifications of Deputy Directors and Chief Engineer.
408.180
Oaths of Director and Deputy Directors.
408.185
Facsimile signatures of Director and Deputy Directors.
408.190
Duties of Director: General plan of highways
408.195
Duties of Director: General supervision of highways.
408.200
Duties of Director: Standards for construction and maintenance
408.201
Duties of Director: Policies for use of recycled materials in highways.
408.203
Duties of Director: Reports to Legislature.
408.210
Powers of Director: Closing and construction of highways
408.212
Powers of Director: Easements for monorail or other systems of transportation.
408.213
Powers of Director: Designation of highway as scenic route
408.214
Duties of Director: Designation of restricted highways.
408.220
Duties of Director: Reports to Board.
408.228
Highway Safety Information and Outreach Coordinator: Creation
408.233
Planning Division: Responsibilities and duties
408.234
Motor Vehicle Recovery and Transportation Planner: Creation
408.235
State Highway Fund: Creation
408.240
State Highway Revolving Account: Establishment
408.242
Establishment of nonreverting account for construction, reconstruction, improvement and maintenance of public roads consisting of money transferred from Fund for Cleaning Up Discharges of Petroleum and money from other sources
408.245
Acceptance of federal acts.
408.250
Federal acts: State highways
408.255
Federal acts: Secondary and feeder highways
408.260
Federal lands: Construction and maintenance of highways
408.270
Vouchers for payment
408.271
Department may expend money to conduct studies and match federal money for capital acquisitions.
408.273
Issuance of bonds.
408.275
Surveys, maps and studies of traffic
408.280
Program for work on highways: Contents
408.281
Program for work on highways: Inclusion of designated projects for use of recycled products.
408.283
Cooperative agreements between Department of Transportation and county commissioners.
408.285
State highways
408.290
Procedure for establishment of new routes.
408.303
U.S. Highway No. 6 designated as Grand Army of the Republic Highway
408.307
Comstock Highway: Designation
408.309
Designation of Route 94.
408.313
Manner of construction
408.317
Supervision of work by Director
408.319
Report of projects for construction and maintenance: Preparation
408.321
Consideration of motor vehicle recovery lanes, bicycle lanes, various services for bicycles and turnouts for slower vehicles.
408.323
Conditions for execution of work without contract
408.327
Advertisement for bids
408.333
Bids and bidders: Experience and financial ability
408.337
Bids and bidders: Security
408.343
Bids and bidders: Procedure for award of contract
408.346
Monetary incentive for early completion of contract.
408.347
Execution of contract in name of State
408.353
Interest of member of Board, officer or employee prohibited
408.354
Contract awarded to railroad company may provide under certain circumstances that railroad company is exempt from requirements concerning bonds.
408.357
Bids and bidders: Bonds required of successful bidders
408.363
Claims against contractor’s bond
408.367
Project not exceeding $250,000: Solicitation and rejection of bids
408.373
Contractor: Compliance with state laws concerning workers’ compensation and unemployment compensation
408.377
Subcontractor: Approval
408.379
Subcontractor: State business license required.
408.383
Contractor: Partial payments
408.387
Contract: Publication of notice of final acceptance
408.388
Projects for which Department may contract with design-build team.
408.393
Enforcement of laws concerning labor
408.397
Procedure for diversion or change of route of highway.
408.403
Freeways.
408.407
Reimbursement of utility by State for relocation of facility located on or near certain highways.
408.413
Improvement of state highway Route No. 81.
408.417
Guideposts, signs and markers: Erection
408.423
Permit required to excavate state highway
408.427
Unauthorized crossing, removal or destruction of control-of-access fence or barrier on highway: Injunction
408.433
Roadside parks and rest areas: Unlawful acts
408.439
Advisory Committee on Transportational Storm Water Management: Creation
408.441
Discharge of pollutant upon highway or right-of-way prohibited in certain circumstances
408.442
Entry and inspection of premises.
408.444
Violations: Remedies
408.446
Violations: Director authorized to issue order for compliance
408.448
Violations: Injunctive relief
408.449
Violations: Civil penalty
408.451
Director to conduct independent investigation before determining whether to take certain corrective actions
408.0465
“Discharge” defined.
408.487
Acquisition of property: Purposes.
408.489
Acquisition of property: Manner
408.493
Acquisition of property: Survey and location of right-of-way
408.497
Construction, alteration or improvement of highway: Claim for damage to land or interests
408.503
Eminent domain: Resolution by Board
408.507
Lease or rental of property.
408.513
Acquisition of property by towns and cities
408.517
Acquisition of property by counties
408.523
Summary vacation and abandonment of portion of state highway superseded by relocation or in excess of needs
408.527
Procedure for relinquishment of roadways
408.533
Disposal of property.
408.537
State consent to close public road on public land: Application
408.543
State consent to close public road on public land: Duties of Department.
408.547
State consent to close public road on public land: Determination by Board
408.548
Authority of Department to request submission of proposals
408.549
Federal, state or local assistance.
408.551
“Center” defined.
408.553
Designation of locations for signs and centers.
408.557
Regulations.
408.559
Development and review of plan.
408.561
Toll-free telephone system for public accommodations
408.562
Director’s recommendations for programs: Approval by Board
408.563
Agreements with governmental agencies or others.
408.567
Account for Systems of Providing Information to the Traveling Public: Creation
408.569
System of communication to report emergencies and to obtain information concerning conditions for driving required along certain frequently traveled highways.
408.571
Educational program: Duty of Department to develop
408.573
Nevada Bicycle and Pedestrian Advisory Board: Creation
408.577
Nevada Bicycle and Pedestrian Safety Advisory Board: Duties
408.579
Electric bicycles authorized for use on trails or walkways intended for use by bicycles.
408.601
Permits to solicit charitable contributions while standing on median strip of highway or sidewalk adjacent to highway.
408.2831
Contents of agreement.
408.2832
Priority of improvement projects
408.2833
Standards for project.
408.3195
Written analysis of costs and benefits of proposed highway projects: Contents
408.3875
Definitions.
408.3876
“Design-build contract” defined.
408.3877
“Design-build team” defined.
408.3878
“Prime contractor” defined.
408.3879
“Project” defined.
408.3881
Public meeting
408.3882
Procedure for selecting design-build team.
408.3883
Request for preliminary proposals: Advertisement by Department
408.3884
Qualifications of design-build team.
408.3885
Procedure for selecting finalists from among design-build teams that submitted preliminary proposals.
408.3886
Requests for final proposals and best and final offers: Selection or rejection of proposal or offer
408.3887
Employment of architect or engineer as consultant during construction.
408.3888
Certain submittals confidential until notice of intent to award contract is issued.
408.5471
“Transportation facility” defined.
408.5473
Authority of Department to authorize transportation facilities.
408.5475
Submission of request to Department
408.5483
Approval of request or proposal: Determination of public purpose
408.5484
Certain submittals confidential until notice of intent to award contract is issued.
408.5485
Contract for transportation services.
408.5501
Definitions.
408.5502
Agreement required for longitudinal or wireless access to right-of-way by telecommunications provider
408.55011
“Council” defined.
408.55012
“Longitudinal access” defined.
408.55013
“Permit” defined.
408.55014
“Right-of-way” defined.
408.55015
“Statewide telecommunications purposes” defined.
408.55016
“Telecommunications facility” defined.
408.55017
“Telecommunications provider” defined.
408.55018
“Utility facility” defined.
408.55019
“Wireless access” defined.
408.55021
Longitudinal or wireless access not granted where safety, efficiency or convenience of use by traveling public compromised.
408.55022
Costs of trenching and trench sharing to be proportionate and shared fairly among parties to agreement.
408.55023
Monetary compensation must be deposited in State Highway Fund
408.55024
Department may offer use of and access to spare conduit and related facilities to telecommunications provider: Requirements
408.55025
In-kind compensation: Types
408.55026
Two or more telecommunications providers: Agreements must require shared obligation for compensation
408.55027
Existing policies and procedures relating to utilities in rights-of-way not altered
408.55028
Telecommunications Advisory Council: Creation
408.55029
Regulations.
Last Updated

Jun. 24, 2021

§ 408.3886’s source at nv​.us