Nevada 2021 Regular Session Status: Enacted

SB 67 — Creates a pilot program to gather data on the use of job order contracts for certain public works. (BDR S-400)

Last action — Chapter 523.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 18, 2020. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

319 added · 291 removed

319 line(s) added, 291 removed.

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(Reprinted with amendments adopted on April 19, 2021) FIRST REPRINT S.B.
Senate Bill No.
67 S ENATE B ILLN O.
67–Committee on Government Affairs CHAPTER..........
67–COMMITTEE ON G OVERNMENT A FFAIRS (O N BEHALF OF CLARK COUNTY ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Government Affairs SUMMARY—Creates a pilot program to gather data on the use of job order contracts for certain public works.
(BDR S-400) 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.
revising provisions relating to the expedited process by which the State or a local government solicits bids and awards contracts for certain smaller public works projects or completes such projects itself;
Legislative Counsel’s Digest:
LegiExisting law prescribes general procedures for awarding a contract for a public work.
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.
(Chapter 338 of NRS) Existing law also authorizes a local government toublic 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.
- *SB67_R1* – 2 – gather data on the use of job order contracts for certain public works in Clarkto 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 maintenance, repair, alteration, demolition, renovation, remediation or minorhe construction of a public work.
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 3 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 prescribed by provisions governing public works for a contract for a public work for which the estimated cost for the public work is the same as the estimated cost for the job order contract applies to a job order contract, including certain requirements relating to the use of apprentices and the payment of prevailing wages.
Section 6 of this bill requires the Labor Commissioner to enforce the provisions of existing law governing public works for a job order contract for a public work with the same estimated cost as the job order contract.
Section 7 also:
Section 7 provides that a job order contract:
(1) provides that a job order contract must not be for work exclusive to one trade for which a license as a specialty contractor is required;
(1) must not be for work exclusive to one trade for which a license as a specialty contractor is required;
and (2) limits the total dollar amount of job order contracts that may be awarded annually by each public bodSection 8 of this bill prescribes the qualifications a contractor who wishes to enter into a job order contract must meet.
and (2) must require a contractor to prepare and submit a proposal for each job order.
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 7 requires such a proposal to include the proposed price for the job order, each construction 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 - 81st Session (2021) – 2 – solicitation documents for job order contracts.
(1) the contents of such advertisements or similar solicitation documents;
(1) thear contents of such advertisements or similar solicitation documents;
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 conSection 11 of this bill prescribes the method for selecting a contractor for a job order contract.
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.
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 of this bill prescribes the method for selecting a contractor for a job 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.
enters into a job order contract relating to contracting for the services of a who subcontractor, supplier or independent contractor.
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 enters into a job order contract from performing more than 50 percent of thetor who estimated cost of a work order himself or herself, or using his or her own employees.
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 9 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 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 13 of this bill requires a contractor to submit a list of each subcontractor whom the contractor 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 Director of the Legislative Counsel Bureau.
Section 14 of this bill requires a public body to submit a quarterly report for the pilot governing body of the public body.
Section 14 also requires a governing body toe 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.
- *SB67_R1* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(a) It is in the best interest of the State to ensure that contracting and bidding procedures for public works in this State are efficient and cost effective.
(a) It is in the best interest of the State to ensure that contracting and bidding procedures for public works in this State are efficient and cost-effective.
(b) The procedures for awarding a contract for a public work authorized by existing law may create barriers to the efficient and cost-effective awarding of contracts for the maintenance, repair, alteration, demolition, renovation, remediation or minor construction of a public work.
(b) The procedures for awarding a contract for a public work authorized by existing law may create barriers to the efficient and cost-effective awarding of contracts for the maintenance, repair, - 81st Session (2021) – 3 – alteration, demolition, renovation, remediation or minor construction of a public work.
(c) Reducing any such barriers will benefit the public and promote the timely completion of certain public works projects that are critical for the health and safety of members of the public who use public buildings and facilities.
(c) Reducing any such barriers will benefit the public and promote the timely completion of certain public works projects that use public buildings and facilities.ty of members of the public who (d) The voluminous and unpredictable amount of work for which certain public bodies in large counties in this State must award contracts presents unique challenges for these bodies.
(d) The voluminous and unpredictable amount of work for which certain public bodies in large counties in this State must award contracts presents unique challenges for these bodies.
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and(b) Directs each public body in the pilot program to gather and report data on the use of job order contracts in this State in the manner prescribed by section 14 of this act.
and (b) Directs each public body in the pilot program to gather and report data on the use of job order contracts in this State in the manner prescribed by section 14 of this act.
As used in sections 1 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 338.010 and sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
As used in sections 1 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined meanings ascribed to them in those sections.ive, of this act have the Sec.
2.3.
“Adjustment factor” means the adjustment that is multiplied by a contractor against the unit price listed in the unit price catalog for the job order contract, which must reflect any overhead cost or profit to which a selected contractor is entitled.
2.5.
“Construction task” means an item of work:
1.
That is included in a job order;
and 2.
For which a unit price is set forth in a unit price catalog or priced using the formula or method prescribed by section 9 of this act.
Sec.
“Job order” means an order issued by a public body for a definite scope of work to be performed pursuant to a job order contract.
“Job order” means an order issued by a public body for a definite scope of work to be performed for a fixed price pursuant to a job order contract.
Sec.
- 81st Session (2021) – 4 – Sec.
- *SB67_R1* – 4 – 1.
1.
4.
The City of North Las Vegas.
Any requirement prescribed by chapter 338 of NRS for a contract for a public work for which the estimated cost for the public work is the same as the estimated cost for a job order contract applies to the job order contract, including, without limitation, the requirements relating to the use of apprentices prescribed by NRS 338.01165 and the prevailing wage requirements prescribed by NRS 338.020, as applicable.
The Labor Commissioner shall enforce the provisions of chapter 338 of NRS and any regulations adopted pursuant thereto 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, including, without limitation, by imposing administrative penalties in accordance with subsections 2 and 3 of NRS 338.015.
Except as otherwise provided in subsections 2 and 3, a public body may award a job order contract for the maintenance, repair, alteration, demolition, renovation, remediation or minor construction of a public work.
Except as otherwise provided in subsection 2, a public body may award a job order contract for the maintenance, repair, alteration, demolition, renovation, remediation or minor construction of a public work.
and (d) Not be for work exclusive to one trade for which a license as a specialty contractor is required.
(d) Require a contractor to prepare and submit a proposal for each job order, which must include, without limitation, a 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;
2.
and (e) Not be for work exclusive to one trade for which a license as a s2.ciaExcept as otherwise provided in subsection 3, a public body may not award more than $25,000,000 annually in job order contracts.
Except as otherwise provided in subsection 3, a public body may not award more than $25,000,000 annually in job order contracts.
Except as otherwise provided in this subsection, if the total dollar amount of all job order contracts awarded by a public body in any 1 year is less than the maximum dollar amount of job order contracts allowed to be awarded for that year, the difference between those amounts may be added to the total dollar amount of job order contracts that a public body may award in the immediately following year, up to a maximum amount of $50,000,000 in any 1 year.
If the total dollar amount of all job order contracts awarded by a public body in any 1 year is less than the maximum dollar amount of job order contracts allowed to be awarded for that year, the difference between those amounts may be added to the total dollar amount of job order contracts that a public body may award in the immediately following year.
4.
A public body shall adopt a written policy for the assignment of job orders, which must include, without limitation, the procedure by which a job order will be issued.
1.
- 81st Session (2021) – 5 – 1.
2.
pursuant to NRS 338.017, 338.13845, 338.13895, 338.1475 orntract 408.333;
Not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.13845, 338.13895, 338.1475 or 408.333;
- *SB67_R1* – 5 – Sec.
Sec.
(1) Any technical specifications for the work;
(1) Construction tasks and any technical specifications for the work;
(c) A statement requiring that a proposal list an adjustment factor for each unit of work;
(c) A statement requiring that a proposal list an adjustment factor;
(e) A description of the bonding requirements for a contractor;
(f) The minimum amount of work committed to the selectedractor;
(f) The minimum amount of work committed to the selected contractor under the job order contract;
contractor under the job order contract;
(g) The proposed form of the job order contract, which must include, without limitation, the procedure by which a job order will be issued;
(g) The proposed form of the job order contract;
(h) A description of the method for pricing a renewal or extension of the job order contract;
(h) A copy of the policy for the assignment of job orders for the job order contract adopted pursuant to section 7 of this act;
(i) The date by which proposals must be submitted to the public body;
(i) A description of the method for pricing a renewal or extension of the job order contract;
and (j) A list of the selection criteria and relative weight of the selection criteria that will be used pursuant to section 11 of this act to rank proposals submitted by applicants.
(j) The date by which proposals must be submitted to the public body;
and (k) A list of the factors and relative weight of the factors that will be used pursuant to section 11 of this act to rank proposals submitted by applicants.
(a) The professional qualifications and experience of the applicant;
- 81st Session (2021) – 6 – applicant;
(b) An adjustment factor for each unit of work;
professional qualifications and experience of the (b) An adjustment factor;
(1) Found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement;
(1) Found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the years immediately preceding the date of the advertisement;
or - *SB67_R1* – 6 – (2) Disqualified from being awarded a contract pursuant to NRS 338.017, 338.13845, 338.13895, 338.1475 or 408.333;
or (2) Disqualified from being awarded a contract pursuant to NRS 338.017, 338.13845, 338.13895, 338.1475 or 408.333;
The public body or its authorized representative shall make available to the public the name of each applicant who submits a proposal pursuant to this section.
The public body or its authorized representative shall make available to the public the name of each applicant who submits a proSec.
5.
As used in this section, “adjustment factor” means the adjustment a contractor will multiply against the unit price listed in the unit price catalog for the job order contract.
Sec.
At least one member appointed to a panel pursuant to this subsection must have experience in the construction industry.
(a) Verifying that each applicant satisfies the requirements of section 8 of this act;
(a) Verifying that each applicant satisfies the requirements of sec(b) Evaluating and assigning a score to each of the proposals based on the factors and relative weight assigned to each factor that the public body specified in the request for proposals.
and (b) Evaluating and assigning a score to each of the proposals based on the factors and relative weight assigned to each factor that the public body specified in the request for proposals.
If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that work.
If any federal statute or regulation precludes the granting - 81st Session (2021) – 7 – of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that wor4.
4.
A public body may renew a job order contract for not more than 1 year after the expiration of the initial term of the contract or such other period of time as is necessary to complete any - *SB67_R1* – 7 – outstanding job order issued before the expiration of the initial contract, whichever is sooner.
A public body may renew a job order contract for not more than 1 year after the expiration of the initial term of the 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.
(a) Contracting for the services of any necessary subcontractor, supplier or independent contractor necessary to complete a job order;
(a) Contracting for the services of any necessary subcontractor, supplier or professional necessary to complete a job order;
and (c) The performance of and payment to any subcontractor, supplier or independent contractor.
and (c) The performance of and payment to any subcontractor, supplier or professional.
section 11 of this act may not perform more than 50 percent of theto estimated cost of the job order himself or herself, or using his or her own employees.
2.
A contractor who enters into a job order contract pursuant to section 11 of this act may not perform more than 50 percent of the estimated cost of the job order himself or herself, or using his or her own employees.
3.
Except as otherwise provided in subsection 5 of NRS perform specialty contracting in plumbing, electrical, refrigeration, air-conditioning or fire protection without a license for the specialty.
A contractor shall submit a list of each subcontractor whom the contractor intends to engage for work on a job order before performing any work required by the job order.
1.
A contractor shall notify the public body of any substitution made to the list as soon as practicable.
Before a public body issues a job order, a contractor must submit a list of each subcontractor whom the contractor intends to engage for work on the job order.
2.
A contractor shall not:
(a) Perform any work required by a job order unless the requirements of subsection 1 are met.
(b) Substitute a subcontractor for any subcontractor who is named in the list provided pursuant to subsection 1 unless the requirements prescribed by subsection 5 of NRS 338.141 are met.
Each quarter, a public body shall provide to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a written report containing, for each job order contract, if any:
A list of each job order issued;
Each quarter, a public body shall provide to the governing body of the public body a written report containing, for each job order contract, if any:
(a) A list of each job order issued;
- 81st Session (2021) – 8 – (b) The cost of each job order issued;
(c) A list of each subcontractor hired to perform work for each job order;
(d) A statement regarding whether the contractor is a minority- business, a business enterprise owned by persons with physical disabilities, a business enterprise owned by persons who are disabled veterans or a local emerging small business;
and (e) Any other information requested by the governing body.
The cost of each job order issued;
A governing body shall prepare and submit a written report that includes any information provided to the governing body pursuant to subsection 1 for the immediately preceding calendar year to the Director of the Legislative Counsel Bureau for transmittal to:
and 3.
(a) The Legislature at the beginning of each regular session;
A list of each subcontractor hired to perform work for each job order.
and (b) The Legislative Commission on or before February 1 of each even-numbered year.
Sec.
3.
15.
For the purposes of this section, a business shall be deemed to be owned by a person who possesses characteristics described in paragraph (d) of subsection 1 if:
This act becomes effective on July 1, 2021, and expires by limitation on June 30, 2025.
(a) The business is owned by a natural person who possesses those characteristics;
H - *SB67_R1*
or (b) Fifty-one percent of the ownership interest in the business is held by one or more natural persons who possess those characteristics.
4.
As used in this section, “local emerging small business” has the meaning ascribed to it in NRS 231.1402.
expires by limitation on June 30, 2025.on October 1, 2021, and ~~~~~ 21 - 81st Session (2021)
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Amendments

2 amendments

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Action History

  1. Chapter 523.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. From printer. To reengrossment. Reengrossed. Second reprint. To Senate. In Senate. Assembly Amendment No. 713 concurred in. To enrollment.

  5. Taken from Chief Clerk's desk. Placed on General File. Read third time. Amended. (Amend. No. 713.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved. (Yeas: 28, Nays: 13, Absent: 1.) To printer.

  6. Taken from General File. Placed on Chief Clerk's desk.

  7. Read second time.

  8. From committee: Without recommendation.

  9. In Assembly. Read first time. Referred to Committee on Government Affairs. To committee.

  10. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: 1.) To Assembly.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 400.) To printer.

  12. Read first time. To committee.

  13. From printer.

  14. Prefiled. Referred to Committee on Government Affairs. To printer.

Sponsors

  • Senate Committee on Government Affairs · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Senate Committee on Government Affairs

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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SB 67 is sponsored by Senate Committee on Government Affairs.
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This bill has been enacted into law. Introduced November 18, 2020. Enacted.
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