338.1379 - Submission of application to qualify as bidder; investigation of applicant; determination; notice; period of qualification; use of criteria; confidentiality of certain financial information

338.1379  Submission of application to qualify as bidder; investigation of applicant; determination; notice; period of qualification; use of criteria; confidentiality of certain financial information concerning applicant.

      1.  Except as otherwise provided in NRS 338.1382, a contractor who wishes to qualify as a bidder on a contract for a public work must submit an application to the State Public Works Board or the local government.

      2.  Upon receipt of an application pursuant to subsection 1, the State Public Works Board or the local government shall:

      (a) Investigate the applicant to determine whether the applicant is qualified to bid on a contract; and

      (b) After conducting the investigation, determine whether the applicant is qualified to bid on a contract. The determination must be made within 45 days after receipt of the application.

      3.  The State Public Works Board or the local government shall notify each applicant in writing of its determination. If an application is denied, the notice must set forth the reasons for the denial and inform the applicant of the right to a hearing pursuant to NRS 338.1381.

      4.  The State Public Works Board or the local government may determine an applicant is qualified to bid:

      (a) On a specific project; or

      (b) On more than one project over a period of time to be determined by the State Public Works Board or the local government.

      5.  The State Public Works Board shall not use any criteria other than criteria adopted by regulation pursuant to NRS 338.1375 in determining whether to approve or deny an application.

      6.  The local government shall not use any criteria other than the criteria described in NRS 338.1377 in determining whether to approve or deny an application.

      7.  Except as otherwise provided in NRS 239.0115, financial information and other data pertaining to the net worth of an applicant which is gathered by or provided to the State Public Works Board or a local government to determine the financial ability of an applicant to perform a contract is confidential and not open to public inspection.

      (Added to NRS by 1999, 2391; A 2001, 1931; 2003, 2421, 2493; 2005, 1797; 2007, 2089)