338.1376 - Qualification of subcontractors on contracts awarded by State Public Works Board required; methods of qualification; disqualification; appeal.
338.1376 Qualification of subcontractors on contracts awarded by State Public Works Board required; methods of qualification; disqualification; appeal.
1. Each subcontractor whose name is required to be included in a bid pursuant to NRS 338.141 must, to be eligible to provide labor or a portion of the work or improvement to a contractor to whom the State Public Works Board awards a contract pursuant to this chapter, be qualified in accordance with criteria established by regulation by the State Public Works Board. The criteria established by the State Public Works Board pursuant to this subsection must be made applicable to a subcontractor but must otherwise be substantively identical to the criteria set forth in paragraph (b) of subsection 3 of NRS 338.1375.
2. A subcontractor shall be presumed to be qualified pursuant to subsection 1 unless the State Public Works Board has received information that:
(a) The State Public Works Board determines to be sufficient and verifiable; and
(b) Indicates the subcontractor does not meet the criteria established by regulation pursuant to subsection 1.
3. Upon receipt of sufficient and verifiable information of a type described in subsection 2, the State Public Works Board shall require a subcontractor regarding whom such information is received to submit to the State Public Works Board, on a form prescribed by the State Public Works Board, an application for qualification in accordance with the criteria established by regulation pursuant to subsection 1. After receiving such an application, the State Public Works Board shall determine whether the subcontractor is qualified in accordance with the criteria established by regulation pursuant to subsection 1. Except as otherwise provided in subsection 4, if the State Public Works Board determines that the subcontractor does not meet such criteria, the State Public Works Board may disqualify the subcontractor, for a period set by the State Public Works Board, from participating in public works projects which are sponsored by the State Public Works Board. The State Public Works Board shall provide written notice to the subcontractor of any such disqualification.
4. A subcontractor may appeal a disqualification pursuant to subsection 3 in the manner set forth in NRS 338.1381.
(Added to NRS by 2003, 2127)