Assembly Bill No. 282–Assemblymen
Giunchigliani and Claborn

 

March 11, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Requires that bidder participate in certain programs of training and apprenticeship to be qualified to bid on public works projects. (BDR 28‑727)

 

FISCAL NOTE:    Effect on Local Government: No.

                             Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to public works projects; requiring that a bidder participate in certain programs of training and apprenticeship to be qualified to bid on public works projects; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 338.1375 is hereby amended to read as

1-2  follows:

1-3  338.1375  1.  The State Public Works Board shall not accept a

1-4  bid on a contract for a public work unless the person who submits

1-5  the bid has qualified pursuant to NRS 338.1379 to bid on that

1-6  contract.

1-7  2.  The State Public Works Board shall by regulation adopt

1-8  criteria for the qualification of bidders on contracts for public works

1-9  of this state. The criteria adopted by the State Public Works Board

1-10  pursuant to this section must be used by the State Public Works

1-11  Board to determine the qualification of bidders on contracts for

1-12  public works of this state.

1-13      3.  The criteria adopted by the State Public Works Board

1-14  pursuant to this section:

2-1  (a) Must be adopted in such a form that the determination of

2-2  whether an applicant is qualified to bid on a contract for a public

2-3  work does not require or allow the exercise of discretion by any one

2-4  person.

2-5  (b) [May] Must require that an applicant participate in

2-6  programs of training and apprenticeship that are registered and

2-7  approved by the State Apprenticeship Council pursuant to chapter

2-8  610 of NRS.

2-9  (c) In addition to the requirements of paragraphs (a) and (b),

2-10  may include only:

2-11          (1) The financial ability of the applicant to perform a

2-12  contract;

2-13          (2) The principal personnel of the applicant;

2-14          (3) Whether the applicant has breached any contracts with a

2-15  public agency or person in this state or any other state;

2-16          (4) Whether the applicant has been disqualified from being

2-17  awarded a contract pursuant to NRS 338.017 or 338.1387; and

2-18          (5) The performance history of the applicant concerning

2-19  other recent, similar contracts, if any, completed by the applicant.

2-20      Sec. 2.  NRS 338.1377 is hereby amended to read as follows:

2-21      338.1377  1.  Except as otherwise provided in NRS 338.1383,

2-22  the governing body of each local government that sponsors or

2-23  finances a public work shall adopt criteria for the qualification of

2-24  bidders on contracts for public works of the local government. The

2-25  governing body shall use the criteria to determine the qualification

2-26  of bidders on contracts for public works of the local government.

2-27      2.  Before adopting criteria pursuant to this section, the

2-28  governing body of a local government shall hold at least one public

2-29  hearing to solicit and evaluate public opinion regarding the criteria

2-30  to be adopted. Notice of such a hearing must be provided by mail at

2-31  least 10 days before the hearing to:

2-32      (a) Construction trade associations in this state; and

2-33      (b) Labor unions representing trades in the building industry in

2-34  this state.

2-35      3.  The criteria adopted by a governing body pursuant to this

2-36  section to determine whether an applicant is qualified to bid on a

2-37  contract for a public work:

2-38      (a) Must be adopted in such a form that the determination of

2-39  whether an applicant is qualified to bid on a contract for a public

2-40  work does not require or allow the exercise of discretion by any one

2-41  person.

2-42      (b) [May] Must require that an applicant participate in

2-43  programs of training and apprenticeship that are registered and

2-44  approved by the State Apprenticeship Council pursuant to chapter

2-45  610 of NRS.

3-1  (c) In addition to the requirements of paragraphs (a) and (b),

3-2  may include only:

3-3       (1) The financial ability of the applicant to perform a

3-4  contract;

3-5       (2) The principal personnel of the applicant;

3-6       (3) Whether the applicant has breached any contracts with a

3-7  public agency or person in this state or any other state; and

3-8       (4) Whether the applicant has been disqualified from being

3-9  awarded a contract pursuant to NRS 338.017 or 338.1387.

3-10      Sec. 3.  NRS 338.1383 is hereby amended to read as follows:

3-11      338.1383  1.  If a local government does not adopt criteria for

3-12  the qualification of bidders on a public work pursuant to NRS

3-13  338.1377, the governing body may only accept a bid on a contract

3-14  for a public work from a person who holds:

3-15      [1.] (a) An unlimited contractor’s license issued by the State

3-16  Contractors’ Board in the branch of general engineering contracting

3-17  or general building contracting, or in both branches, and:

3-18      [(a)] (1) At the time he submits his bid, he provides a bid bond

3-19  equal to 10 percent of the amount of the bid; and

3-20      [(b)] (2) At the time the contract is awarded, he provides a

3-21  performance bond, a labor and material bond and a guaranty bond,

3-22  each equal to 100 percent of the amount of the contract; or

3-23      [2.] (b) A contractor’s license issued by the State Contractors’

3-24  Board that is designated in any classification if he:

3-25      [(a)] (1) Has, in the 5 years immediately preceding the

3-26  submission of the bid, been found to be a responsible contractor in

3-27  the classification in which his contractor’s license is designated;

3-28      [(b)] (2) Provides a bid bond, a performance bond, a guaranty

3-29  bond, and a labor and material bond in such amounts as the

3-30  governing body may require; and

3-31      [(c)] (3) Employs a person determined by the State Contractors’

3-32  Board to be qualified to supervise each classification of construction

3-33  upon which the person submitting the bid is bidding.

3-34      2.  In addition to the requirements of subsection 1, if a local

3-35  government does not adopt criteria for the qualification of bidders

3-36  on a public work pursuant to NRS 338.1377, the governing body

3-37  may only accept a bid on a contract for a public work from a

3-38  person who participates in programs of training and

3-39  apprenticeship that are registered and approved by the State

3-40  Apprenticeship Council pursuant to chapter 610 of NRS.

3-41      Sec. 4.  NRS 338.1385 is hereby amended to read as follows:

3-42      338.1385  1.  Except as otherwise provided in subsection 7

3-43  and NRS 338.1906 and 338.1907, this state, or a local government

3-44  that awards a contract for the construction, alteration or repair of a

3-45  public work in accordance with paragraph (a) of subsection 1 of

4-1  NRS 338.1373, or a public officer, public employee or other person

4-2  responsible for awarding a contract for the construction, alteration

4-3  or repair of a public work who represents the State or the local

4-4  government, shall not:

4-5  (a) Commence such a project for which the estimated cost

4-6  exceeds $100,000 unless it advertises in a newspaper of general

4-7  circulation in this state for bids for the project; or

4-8  (b) Divide such a project into separate portions to avoid the

4-9  requirements of paragraph (a).

4-10      2.  Except as otherwise provided in subsection 7, a public body

4-11  that maintains a list of properly licensed contractors who are

4-12  interested in receiving offers to bid on public works projects for

4-13  which the estimated cost is more than $25,000 but less than

4-14  $100,000 shall solicit bids from not more than three of the

4-15  contractors on the list for a contract of that value for the

4-16  construction, alteration or repair of a public work. The public body

4-17  shall select contractors from the list in such a manner as to afford

4-18  each contractor an equal opportunity to bid on a public works

4-19  project. A properly licensed contractor must submit a written

4-20  request annually to the public body to remain on the list. Offers for

4-21  bids which are made pursuant to this subsection must be sent by

4-22  certified mail.

4-23      3.  Each advertisement for bids must include a provision that

4-24  sets forth:

4-25      (a) The requirement that a contractor must be qualified pursuant

4-26  to NRS 338.1379 to bid on the contract or must be exempt from

4-27  meeting such qualifications pursuant to NRS 338.1383; and

4-28      (b) The period during which an application to qualify as a bidder

4-29  on the contract must be submitted.

4-30      4.  Approved plans and specifications for the bids must be on

4-31  file at a place and time stated in the advertisement for the inspection

4-32  of all persons desiring to bid thereon and for other interested

4-33  persons. Contracts for the project must be awarded on the basis of

4-34  bids received.

4-35      5.  Any bids received in response to an advertisement for bids :

4-36      (a) Must be rejected if the person responsible for awarding the

4-37  contract determines that the bidder does not participate in

4-38  programs of training and apprenticeship that are registered and

4-39  approved by the State Apprenticeship Council pursuant to chapter

4-40  610 of NRS.

4-41      (b) Except as otherwise provided in paragraph (a), may be

4-42  rejected if the person responsible for awarding the contract

4-43  determines that:

5-1  [(a)] (1) The bidder is not a qualified bidder pursuant to NRS

5-2  338.1379, unless the bidder is exempt from meeting such

5-3  qualifications pursuant to NRS 338.1383;

5-4  [(b)] (2) The bidder is not responsive;

5-5  [(c)] (3) The quality of the services, materials, equipment or

5-6  labor offered does not conform to the approved plan or

5-7  specifications; or

5-8  [(d)] (4) The public interest would be served by such a rejection.

5-9  6.  Before the State or a local government may commence a

5-10  project subject to the provisions of this section, based upon a

5-11  determination that the public interest would be served by rejecting

5-12  any bids received in response to an advertisement for bids, it shall

5-13  prepare and make available for public inspection a written statement

5-14  containing:

5-15      (a) A list of all persons, including supervisors, whom the State

5-16  or the local government intends to assign to the project, together

5-17  with their classifications and an estimate of the direct and indirect

5-18  costs of their labor;

5-19      (b) A list of all equipment that the State or the local government

5-20  intends to use on the project, together with an estimate of the

5-21  number of hours each item of equipment will be used and the hourly

5-22  cost to use each item of equipment;

5-23      (c) An estimate of the cost of administrative support for the

5-24  persons assigned to the project;

5-25      (d) An estimate of the total cost of the project; and

5-26      (e) An estimate of the amount of money the State or the local

5-27  government expects to save by rejecting the bids and performing the

5-28  project itself.

5-29      7.  This section does not apply to:

5-30      (a) Any utility subject to the provisions of chapter 318 or 710 of

5-31  NRS;

5-32      (b) Any work of construction, reconstruction, improvement and

5-33  maintenance of highways subject to NRS 408.323 or 408.327;

5-34      (c) Normal maintenance of the property of a school district;

5-35      (d) The Las Vegas Valley Water District created pursuant to

5-36  chapter 167, Statutes of Nevada 1947, the Moapa Valley Water

5-37  District created pursuant to chapter 477, Statutes of Nevada 1983 or

5-38  the Virgin Valley Water District created pursuant to chapter 100,

5-39  Statutes of Nevada 1993; or

5-40      (e) The design and construction of a public work for which a

5-41  public body contracts with a design-build team pursuant to NRS

5-42  338.1711 to 338.1727.

5-43      Sec. 5.  NRS 338.1385 is hereby amended to read as follows:

5-44      338.1385  1.  Except as otherwise provided in subsection 8,

5-45  this state, or a local government that awards a contract for the

6-1  construction, alteration or repair of a public work in accordance with

6-2  paragraph (a) of subsection 1 of NRS 338.1373, or a public officer,

6-3  public employee or other person responsible for awarding a contract

6-4  for the construction, alteration or repair of a public work who

6-5  represents the State or the local government, shall not:

6-6  (a) Commence such a project for which the estimated cost

6-7  exceeds $100,000 unless it advertises in a newspaper of general

6-8  circulation in this state for bids for the project; or

6-9  (b) Divide such a project into separate portions to avoid the

6-10  requirements of paragraph (a).

6-11      2.  Except as otherwise provided in subsection 8, a public body

6-12  that maintains a list of properly licensed contractors who are

6-13  interested in receiving offers to bid on public works projects for

6-14  which the estimated cost is more than $25,000 but less than

6-15  $100,000 shall solicit bids from not more than three of the

6-16  contractors on the list for a contract of that value for the

6-17  construction, alteration or repair of a public work. The public body

6-18  shall select contractors from the list in such a manner as to afford

6-19  each contractor an equal opportunity to bid on a public works

6-20  project. A properly licensed contractor must submit a written

6-21  request annually to the public body to remain on the list. Offers for

6-22  bids which are made pursuant to this subsection must be sent by

6-23  certified mail.

6-24      3.  Each advertisement for bids must include a provision that

6-25  sets forth:

6-26      (a) The requirement that a contractor must be qualified pursuant

6-27  to NRS 338.1379 to bid on the contract or must be exempt from

6-28  meeting such qualifications pursuant to NRS 338.1383; and

6-29      (b) The period during which an application to qualify as a bidder

6-30  on the contract must be submitted.

6-31      4.  Approved plans and specifications for the bids must be on

6-32  file at a place and time stated in the advertisement for the inspection

6-33  of all persons desiring to bid thereon and for other interested

6-34  persons. Contracts for the project must be awarded on the basis of

6-35  bids received.

6-36      5.  Any bids received in response to an advertisement for bids :

6-37      (a) Must be rejected if the person responsible for awarding the

6-38  contract determines that the bidder does not participate in

6-39  programs of training and apprenticeship that are registered and

6-40  approved by the State Apprenticeship Council pursuant to chapter

6-41  610 of NRS.

6-42      (b) Except as otherwise provided in paragraph (a), may be

6-43  rejected if the person responsible for awarding the contract

6-44  determines that:

7-1  [(a)] (1) The bidder is not a qualified bidder pursuant to NRS

7-2  338.1379, unless the bidder is exempt from meeting such

7-3  qualifications pursuant to NRS 338.1383;

7-4  [(b)] (2) The bidder is not responsive;

7-5  [(c)] (3) The quality of the services, materials, equipment or

7-6  labor offered does not conform to the approved plan or

7-7  specifications; or

7-8  [(d)] (4) The public interest would be served by such a rejection.

7-9  6.  Before the State or a local government may commence a

7-10  project subject to the provisions of this section, based upon a

7-11  determination that the public interest would be served by rejecting

7-12  any bids received in response to an advertisement for bids, it shall

7-13  prepare and make available for public inspection a written statement

7-14  containing:

7-15      (a) A list of all persons, including supervisors, whom the State

7-16  or the local government intends to assign to the project, together

7-17  with their classifications and an estimate of the direct and indirect

7-18  costs of their labor;

7-19      (b) A list of all equipment that the State or the local government

7-20  intends to use on the project, together with an estimate of the

7-21  number of hours each item of equipment will be used and the hourly

7-22  cost to use each item of equipment;

7-23      (c) An estimate of the cost of administrative support for the

7-24  persons assigned to the project;

7-25      (d) An estimate of the total cost of the project; and

7-26      (e) An estimate of the amount of money the State or the local

7-27  government expects to save by rejecting the bids and performing the

7-28  project itself.

7-29      7.  In preparing the estimated cost of a project pursuant to

7-30  subsection 6, the State or a local government must include the fair

7-31  market value of, or, if known, the actual cost of, all materials,

7-32  supplies, labor and equipment to be used for the project.

7-33      8.  This section does not apply to:

7-34      (a) Any utility subject to the provisions of chapter 318 or 710 of

7-35  NRS;

7-36      (b) Any work of construction, reconstruction, improvement and

7-37  maintenance of highways subject to NRS 408.323 or 408.327;

7-38      (c) Normal maintenance of the property of a school district; [or]

7-39      (d) The Las Vegas Valley Water District created pursuant to

7-40  chapter 167, Statutes of Nevada 1947, the Moapa Valley Water

7-41  District created pursuant to chapter 477, Statutes of Nevada 1983 or

7-42  the Virgin Valley Water District created pursuant to chapter 100,

7-43  Statutes of Nevada 1993; or

8-1  (e) The design and construction of a public work for which a

8-2  public body contracts with a design-build team pursuant to NRS

8-3  338.1711 to 338.1727, inclusive.

8-4  Sec. 6.  NRS 338.143 is hereby amended to read as follows:

8-5  338.143  1.  Except as otherwise provided in subsection 6 and

8-6  NRS 338.1907, a local government that awards a contract for the

8-7  construction, alteration or repair of a public work in accordance with

8-8  paragraph (b) of subsection 1 of NRS 338.1373, or a public officer,

8-9  public employee or other person responsible for awarding a contract

8-10  for the construction, alteration or repair of a public work who

8-11  represents that local government, shall not:

8-12      (a) Commence such a project for which the estimated cost

8-13  exceeds $100,000 unless it advertises in a newspaper of general

8-14  circulation in this state for bids for the project; or

8-15      (b) Divide such a project into separate portions to avoid the

8-16  requirements of paragraph (a).

8-17      2.  Except as otherwise provided in subsection 6, a local

8-18  government that maintains a list of properly licensed contractors

8-19  who are interested in receiving offers to bid on public works

8-20  projects for which the estimated cost is more than $25,000 but less

8-21  than $100,000 shall solicit bids from not more than three of the

8-22  contractors on the list for a contract of that value for the

8-23  construction, alteration or repair of a public work. The local

8-24  government shall select contractors from the list in such a manner as

8-25  to afford each contractor an equal opportunity to bid on a public

8-26  works project. A properly licensed contractor must submit a written

8-27  request annually to the local government to remain on the list.

8-28  Offers for bids which are made pursuant to this subsection must be

8-29  sent by certified mail.

8-30      3.  Approved plans and specifications for the bids must be on

8-31  file at a place and time stated in the advertisement for the inspection

8-32  of all persons desiring to bid thereon and for other interested

8-33  persons. Contracts for the project must be awarded on the basis of

8-34  bids received.

8-35      4.  Any bids received in response to an advertisement for bids

8-36  [may] :

8-37      (a) Must be rejected if the person responsible for awarding the

8-38  contract determines that the bidder does not participate in

8-39  programs of training and apprenticeship that are registered and

8-40  approved by the State Apprenticeship Council pursuant to chapter

8-41  610 of NRS.

8-42      (b) May be rejected if the person responsible for awarding the

8-43  contract determines that:

8-44      [(a)] (1) The bidder is not responsive or responsible;

9-1  [(b)] (2) The quality of the services, materials, equipment or

9-2  labor offered does not conform to the approved plan or

9-3  specifications; or

9-4  [(c)] (3) The public interest would be served by such a rejection.

9-5  5.  Before a local government may commence a project subject

9-6  to the provisions of this section, based upon a determination that the

9-7  public interest would be served by rejecting any bids received in

9-8  response to an advertisement for bids, it shall prepare and make

9-9  available for public inspection a written statement containing:

9-10      (a) A list of all persons, including supervisors, whom the local

9-11  government intends to assign to the project, together with their

9-12  classifications and an estimate of the direct and indirect costs of

9-13  their labor;

9-14      (b) A list of all equipment that the local government intends to

9-15  use on the project, together with an estimate of the number of hours

9-16  each item of equipment will be used and the hourly cost to use each

9-17  item of equipment;

9-18      (c) An estimate of the cost of administrative support for the

9-19  persons assigned to the project;

9-20      (d) An estimate of the total cost of the project; and

9-21      (e) An estimate of the amount of money the local government

9-22  expects to save by rejecting the bids and performing the project

9-23  itself.

9-24      6.  This section does not apply to:

9-25      (a) Any utility subject to the provisions of chapter 318 or 710 of

9-26  NRS;

9-27      (b) Any work of construction, reconstruction, improvement and

9-28  maintenance of highways subject to NRS 408.323 or 408.327;

9-29      (c) Normal maintenance of the property of a school district;

9-30      (d) The Las Vegas Valley Water District created pursuant to

9-31  chapter 167, Statutes of Nevada 1947, the Moapa Valley Water

9-32  District created pursuant to chapter 477, Statutes of Nevada 1983 or

9-33  the Virgin Valley Water District created pursuant to chapter 100,

9-34  Statutes of Nevada 1993; or

9-35      (e) The design and construction of a public work for which a

9-36  public body contracts with a design-build team pursuant to NRS

9-37  338.1711 to 338.1727, inclusive.

9-38      Sec. 7.  NRS 338.143 is hereby amended to read as follows:

9-39      338.143  1.  Except as otherwise provided in subsection 7, a

9-40  local government that awards a contract for the construction,

9-41  alteration or repair of a public work in accordance with paragraph

9-42  (b) of subsection 1 of NRS 338.1373, or a public officer, public

9-43  employee or other person responsible for awarding a contract for the

9-44  construction, alteration or repair of a public work who represents

9-45  that local government, shall not:

10-1      (a) Commence such a project for which the estimated cost

10-2  exceeds $100,000 unless it advertises in a newspaper of general

10-3  circulation in this state for bids for the project; or

10-4      (b) Divide such a project into separate portions to avoid the

10-5  requirements of paragraph (a).

10-6      2.  Except as otherwise provided in subsection 7, a local

10-7  government that maintains a list of properly licensed contractors

10-8  who are interested in receiving offers to bid on public works

10-9  projects for which the estimated cost is more than $25,000 but less

10-10  than $100,000 shall solicit bids from not more than three of the

10-11  contractors on the list for a contract of that value for the

10-12  construction, alteration or repair of a public work. The local

10-13  government shall select contractors from the list in such a manner as

10-14  to afford each contractor an equal opportunity to bid on a public

10-15  works project. A properly licensed contractor must submit a written

10-16  request annually to the local government to remain on the list.

10-17  Offers for bids which are made pursuant to this subsection must be

10-18  sent by certified mail.

10-19     3.  Approved plans and specifications for the bids must be on

10-20  file at a place and time stated in the advertisement for the inspection

10-21  of all persons desiring to bid thereon and for other interested

10-22  persons. Contracts for the project must be awarded on the basis of

10-23  bids received.

10-24     4.  Any bids received in response to an advertisement for bids

10-25  [may] :

10-26     (a) Must be rejected if the person responsible for awarding the

10-27  contract determines that the bidder does not participate in

10-28  programs of training and apprenticeship that are registered and

10-29  approved by the State Apprenticeship Council pursuant to chapter

10-30  610 of NRS.

10-31     (b) May be rejected if the person responsible for awarding the

10-32  contract determines that:

10-33     [(a)] (1) The bidder is not responsive or responsible;

10-34     [(b)] (2) The quality of the services, materials, equipment or

10-35  labor offered does not conform to the approved plan or

10-36  specifications; or

10-37     [(c)] (3) The public interest would be served by such a rejection.

10-38     5.  Before a local government may commence a project subject

10-39  to the provisions of this section, based upon a determination that the

10-40  public interest would be served by rejecting any bids received in

10-41  response to an advertisement for bids, it shall prepare and make

10-42  available for public inspection a written statement containing:

10-43     (a) A list of all persons, including supervisors, whom the local

10-44  government intends to assign to the project, together with their

11-1  classifications and an estimate of the direct and indirect costs of

11-2  their labor;

11-3      (b) A list of all equipment that the local government intends to

11-4  use on the project, together with an estimate of the number of hours

11-5  each item of equipment will be used and the hourly cost to use each

11-6  item of equipment;

11-7      (c) An estimate of the cost of administrative support for the

11-8  persons assigned to the project;

11-9      (d) An estimate of the total cost of the project; and

11-10     (e) An estimate of the amount of money the local government

11-11  expects to save by rejecting the bids and performing the project

11-12  itself.

11-13     6.  In preparing the estimated cost of a project pursuant to

11-14  subsection 5, a local government must include the fair market value

11-15  of, or, if known, the actual cost of, all materials, supplies, labor and

11-16  equipment to be used for the project.

11-17     7.  This section does not apply to:

11-18     (a) Any utility subject to the provisions of chapter 318 or 710 of

11-19  NRS;

11-20     (b) Any work of construction, reconstruction, improvement and

11-21  maintenance of highways subject to NRS 408.323 or 408.327;

11-22     (c) Normal maintenance of the property of a school district;

11-23     (d) The Las Vegas Valley Water District created pursuant to

11-24  chapter 167, Statutes of Nevada 1947, the Moapa Valley Water

11-25  District created pursuant to chapter 477, Statutes of Nevada 1983 or

11-26  the Virgin Valley Water District created pursuant to chapter 100,

11-27  Statutes of Nevada 1993; or

11-28     (e) The design and construction of a public work for which a

11-29  public body contracts with a design-build team pursuant to NRS

11-30  338.1711 to 338.1727, inclusive.

11-31     Sec. 8.  NRS 338.1721 is hereby amended to read as follows:

11-32     338.1721  To qualify to participate in a project for the design

11-33  and construction of a public work, a design-build team must:

11-34     1.  Obtain a performance bond and payment bond as required

11-35  pursuant to NRS 339.025;

11-36     2.  Obtain insurance covering general liability and liability for

11-37  errors and omissions;

11-38     3.  Not have been found liable for breach of contract with

11-39  respect to a previous project, other than a breach for legitimate

11-40  cause;

11-41     4.  Not have been disqualified from being awarded a contract

11-42  pursuant to NRS 338.017, 338.1387, 338.145 or 408.333; [and]

11-43     5.  Ensure that the members of the design-build team possess

11-44  the licenses and certificates required to carry out the functions of

11-45  their respective professions within this state[.] ; and

12-1      6.  Participate in programs of training and apprenticeship that

12-2  are registered and approved by the State Apprenticeship Council

12-3  pursuant to chapter 610 of NRS.

 

12-4  H