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- 83rd Session (2025)
Assembly Bill No. 213–Assemblymember Monroe-Moreno
CHAPTER..........
AN ACT relating to governmental administration; requiring certain
persons who qualify for certain preferences in bidding on a
public work to certify, under certain conditions, that the
persons will ensure that any nonstandard good or material
procured for the public work is custom fabricated in this
State; requiring the payment of prevailing wages to workers
who perform custom fabrication on a public work or for
certain perform ance contracts of local governments or state
agencies; requiring the payment of prevailing wages to
workers who perform custom fabrication on any project
financed or otherwise undertaken by the Tahoe -Douglas
Visitor’s Authority; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Under existing law, every contract to which a public body of this State is a
party, requiring the employment of skilled mechanics, skilled workers, semiskilled
mechanics, semiskilled workers or uns killed labor in the performance of a public
work, must contain in express terms the hourly and daily rate of wages to be paid to
each of the classes of mechanics and workers. The hourly and daily rate of wages
must not be less than the prevailing wage in t he region in which the public work is
located, as determined by the Labor Commissioner. (NRS 338.020) Section 2 of
this bill provides that workers who perform custom fabrication on a public work
must also be paid such a prevailing wage. Section 2 .2 of this bill provides that
workers who perform custom fabrication for a public work are deemed to be
employed on the public work regardless of the location at which the custom
fabrication is performed.
Section 1 of this bill: (1) defines the term “custom fabrication”; (2) defines the
term “nonstandard good or material”; and (3) revises the definition of “worker” to
include a worker who performs custom fabrication.
Under existing law, performance contracts for certain operating cost -savings
measures enter ed into by local governments and state agencies must contain in
express terms the hourly and daily rate of wages to be paid to each class of
mechanics and workers. Such wages must not be less than the prevailing wage in
the region in which the local govern ment or state agency is located. (NRS 332.390,
333A.120) Similar to section 1, sections 3 and 4 of this bill, respectively, provide
that workers who perform custom fabrication must also be paid such a prevailing
wage.
The Tahoe-Douglas Visitor’s Authority Act requires the payment of prevailing
wages on any project financed or otherwise undertaken by the Tahoe -Douglas
Visitor’s Authority that requires the employment of certain workers even if the
project does not qualify as a public work. ( Section 33 of chapter 375, Statutes of
Nevada 2019, at page 2364) Section 5 of this bill provides that workers who
perform custom fabrication on such a project must also be paid prevailing wages.
Section 6 of this bill provides that the requirement to pay prevailing wage to
workers who perform custom fabrication does not apply to a public works contract
or performance contract awarded before January 1, 2026.
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Existing law provides that as a condition of receiving certain preferences in
bidding on a public work, a contracto r, an applicant or a design -build team is
required to submit to the public body sponsoring or financing the public work, a
signed affidavit which makes certain certifications. (NRS 338.0117) Section 1.5 of
this bill requires an additional certification tha t if the public work requires the
procurement of any nonstandard good or material and is located in a county whose
population is 100,000 or more (currently Clark and Washoe Counties), the
contractor, applicant or design -build team and any subcontractor eng aged on the
public work will: (1) ensure that each nonstandard good or material is custom
fabricated in this State; and (2) maintain and make available for inspection certain
records concerning each nonstandard good or material procured for the public
work. Sections 2.3 and 2.7 of this bill make conforming changes to refer to
provisions that have been renumbered in section 1.5.
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:
Section 1. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. “Authorized representative” means a person designated by a
public body to be responsible for the development, solicitation,
award or administration of contracts for public works pursuant to
this chapter.
2. “Bona fide fringe benefit” means a benefit in the form of a
contribution that is made not less frequently than monthly to an
independent third party pursuant to a fund, plan or program:
(a) Which is established for the sole and exclusive benefit of a
worker and his or her family and dependents; and
(b) For which none of the assets will revert to, or otherwise be
credited to, any contributing employer or sponsor of the fund, plan
or program.
The term includes, without limitation, benefits for a worker that
are determined pursuant to a collective bargaining agreement and
included in the determination of the prevailing wage by the Labor
Commissioner pursuant to NRS 338.030.
3. “Contract” means a written contract entered into between a
contractor and a public bod y for the provision of labor, materials,
equipment or supplies for a public work.
4. “Contractor” means:
(a) A person who is licensed pursuant to the provisions of
chapter 624 of NRS.
(b) A design-build team.
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5. “Custom fabricated” and “custom fabrication” means the
manufacture, assembly or other production of any nonstandard
good or material that is manufactured, assembled or otherwise
produced for a specific public work.
6. “Day labor” means all cases where public bodies, their
officers, age nts or employees, hire, supervise and pay the wages
thereof directly to a worker or workers employed by them on public
works by the day and not under a contract in writing.
[6.] 7. “Design-build contract” means a contract between a
public body and a design-build team in which the design-build team
agrees to design and construct a public work.
[7.] 8. “Design-build team” means an entity that consists of:
(a) At least one person who is licensed as a general engineering
contractor or a general building co ntractor pursuant to chapter 624
of NRS; and
(b) For a public work that consists of:
(1) A building and its site, at least one person who holds a
certificate of registration to practice architecture pursuant to chapter
623 of NRS.
(2) Anything other t han a building and its site, at least one
person who holds a certificate of registration to practice architecture
pursuant to chapter 623 of NRS or landscape architecture pursuant
to chapter 623A of NRS or who is licensed as a professional
engineer pursuant to chapter 625 of NRS.
[8.] 9. “Design professional” means:
(a) A person who is licensed as a professional engineer pursuant
to chapter 625 of NRS;
(b) A person who is licensed as a professional land surveyor
pursuant to chapter 625 of NRS;
(c) A person who holds a certificate of registration to engage in
the practice of architecture, interior design or residential design
pursuant to chapter 623 of NRS;
(d) A person who holds a certificate of registration to engage in
the practice of landscape archi tecture pursuant to chapter 623A of
NRS; or
(e) A business entity that engages in the practice of professional
engineering, land surveying, architecture or landscape architecture.
[9.] 10. “Discrete project” means one or more public works
which are undertaken on a single construction site for a single public
body. The term does not include one or more public works that are
undertaken on multiple construction sites regardless of whether the
public body which sponsors or finances the public works bundl es
the public works together.
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[10.] 11. “Division” means the State Public Works Division of
the Department of Administration.
[11.] 12. “Eligible bidder” means a person who is:
(a) Found to be a responsible and responsive contractor by a
local government or its authorized representative which requests
bids for a public work in accordance with paragraph (b) of
subsection 1 of NRS 338.1373; or
(b) Determined by a public body or its authorized representative
which awarded a contract for a public w ork pursuant to NRS
338.1375 to 338.139, inclusive, to be qualified to bid on that
contract pursuant to NRS 338.1379 or 338.1382.
[12.] 13. “General contractor” means a person who is licensed
to conduct business in one, or both, of the following branches of the
contracting business:
(a) General engineering contracting, as described in subsection 2
of NRS 624.215.
(b) General building contracting, as described in subsection 3 of
NRS 624.215.
[13.] 14. “Governing body” means the board, council,
commission or other body in which the general legislative and fiscal
powers of a local government are vested.
[14.] 15. “Horizontal construction” means any construction,
alteration, repair, renovation, demolition or remodeling necessary to
complete a public work , including, without limitation, any
irrigation, drainage, water supply, flood control, harbor, railroad,
highway, tunnel, airport or airway, sewer, sewage disposal plant or
water treatment facility and any ancillary vertical components
thereof, bridge, in land waterway, pipeline for the transmission of
petroleum or any other liquid or gaseous substance, pier, and any
other work incidental thereto. The term does not include vertical
construction, the construction of any terminal or other building of an
airport or airway, or the construction of any other building.
[15.] 16. “Local government” means every political
subdivision or other entity which has the right to levy or receive
money from ad valorem or other taxes or any mandatory
assessments, and includes , without limitation, counties, cities,
towns, boards, school districts and other districts organized pursuant
to chapters 244A, 318, 318A, 379, 474, 538, 541, 543 and 555 of
NRS, NRS 450.550 to 450.750, inclusive, and any agency or
department of a county or city which prepares a budget separate
from that of the parent political subdivision. The term includes a
person who has been designated by the governing body of a local
government to serve as its authorized representative.
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[16.] 17. “Nonstandard good or material” includes, without
limitation, any nonstandard good or material used in any of the
following building systems:
(a) Plumbing or pipe fitting;
(b) Ventilation system;
(c) Air-conditioning system;
(d) Heating system;
(e) Sheet metal or any other sheet metal product; and
(f) Signage, including, without limitation, any illuminated or
unilluminated sign.
18. “Offense” means:
(a) Failing to:
(1) Pay the prevailing wage required pursuant to this chapter;
(2) Pay the contributions for unempl oyment compensation
required pursuant to chapter 612 of NRS;
(3) Provide and secure compensation for employees required
pursuant to chapters 616A to 617, inclusive, of NRS; or
(4) Comply with subsection 5 or 6 of NRS 338.070.
(b) Discharging an obliga tion to pay wages in a manner that
violates the provisions of NRS 338.035.
[17.] 19. “Prime contractor” means a contractor who:
(a) Contracts to construct an entire project;
(b) Coordinates all work performed on the entire project;
(c) Uses his or her own workforce to perform all or a part of the
public work; and
(d) Contracts for the services of any subcontractor or
independent contractor or is responsible for payment to any
contracted subcontractors or independent contractors.
The term includes, without limitation, a general contractor or a
specialty contractor who is authorized to bid on a project pursuant to
NRS 338.139 or 338.148.
[18.] 20. “Public body” means the State, county, city, town,
school district or any public agency of this State or its political
subdivisions sponsoring or financing a public work.
[19.] 21. “Public work” means any project for the new
construction, repair or reconstruction of a project financed in whole
or in part from public money for:
(a) Public buildings;
(b) Jails and prisons;
(c) Public roads;
(d) Public highways;
(e) Public streets and alleys;
(f) Public utilities;
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(g) Publicly owned water mains and sewers;
(h) Public parks and playgrounds;
(i) Public convention facilities which are financed at least in part
with public money; and
(j) All other publicly owned works and property.
[20.] 22. “Specialty contractor” means a person who is
licensed to conduct business as described in subsection 4 of
NRS 624.215.
[21.] 23. “Stand-alone underground utility project” means an
underground utility project that is not integrated into a larger
project, including, without limitation:
(a) An underground sewer line or an underground pipeline for
the conveyance of water, including fac ilities appurtenant thereto;
and
(b) A project for the construction or installation of a storm drain,
including facilities appurtenant thereto,
that is not located at the site of a public work for the design and
construction of which a public body is au thorized to contract with a
design-build team pursuant to subsection 2 of NRS 338.1711.
[22.] 24. “Subcontract” means a written contract entered into
between:
(a) A contractor and a subcontractor or supplier; or
(b) A subcontractor and another subcontractor or supplier,
for the provision of labor, materials, equipment or supplies for a
construction project.
[23.] 25. “Subcontractor” means a person who:
(a) Is licensed pursuant to the provisions of chapter 624 of NRS
or performs such work that the p erson is not required to be licensed
pursuant to chapter 624 of NRS; and
(b) Contracts with a contractor, another subcontractor or a
supplier to provide labor, materials or services for a construction
project.
[24.] 26. “Supplier” means a person who pro vides materials,
equipment or supplies for a construction project.
[25.] 27. “Vertical construction” means any construction,
alteration, repair, renovation, demolition or remodeling necessary to
complete a public work for any building, structure or other
improvement that is predominantly vertical, including, without
limitation, a building, structure or improvement for the support,
shelter and enclosure of persons, animals, chattels or movable
property of any kind, and any other work or improvement
appurtenant thereto.
[26.] 28. “Wages” means:
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(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and
holiday pay, the cost of apprenticeship training or other bona fide
fringe benefits which are a benefit to the worker.
[27.] 29. “Worker” means a skilled mechanic, skilled worker,
semiskilled mechanic, semiskilled worker , [or] unskilled worker or
worker who performs custom fabrication in the service of a
contractor or subcontractor under any appointment or contract of
hire or apprenticeship, express or implied, oral or written, whether
lawfully or unlawfully employed. The term does not include a
design professional.
Sec. 1.5. NRS 338.0117 is hereby amended to read as follows:
338.0117 1. To qualify to receive a preference in bidding
pursuant to subsection 2 of NRS 338.1389, subsection 2 of NRS
338.147, subsection 3 of NRS 338.1693, subsection 3 of NRS
338.1727 or subsection 2 of NRS 408.3886, a contractor, an
applicant or a d esign-build team, respectively, must submit to the
public body sponsoring or financing a public work a signed affidavit
which certifies that, for the duration of the project, collectively, and
not on any specific day:
(a) At least 50 percent of the worker s employed on the public
work, including, without limitation, any employees of the
contractor, applicant or design -build team and of any subcontractor
engaged on the public work, will hold a valid driver’s license or
identification card issued by the Depar tment of Motor Vehicles of
the State of Nevada;
(b) All vehicles used primarily for the public work will be:
(1) Registered and partially apportioned to Nevada pursuant
to the International Registration Plan, as adopted by the Department
of Motor Vehicles pursuant to NRS 706.826; or
(2) Registered in this State;
(c) If applying to receive a preference in bidding pursuant to
subsection 3 of NRS 338.1727 or subsection 2 of NRS 408.3886, at
least 50 percent of the design professionals working on the publ ic
work, including, without limitation, employees of the design -build
team and of any subcontractor or consultant engaged in the design
of the public work, will have a valid driver’s license or
identification card issued by the Department of Motor Vehicles of
the State of Nevada; [and]
(d) The contractor, applicant or design -build team and any
subcontractor engaged on the public work will maintain and make
available for inspection within this State his or her records
concerning payroll relating to the public work [.] ; and
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(e) If the public work requires the procurement of any
nonstandard good or material and is located in a county whose
population is 100,000 or more, the contractor, applicant or design-
build team and any subcontractor engaged on the publi c work
will:
(1) Ensure that each nonstandard good or material is
custom fabricated in this State; and
(2) Maintain and make available for inspection within this
State his or her records concerning each nonstandard good or
material procured for the public work.
2. Any contract for a public work that is awarded to a
contractor, applicant or design-build team who submits the affidavit
described in subsection 1 as a result of the contractor, applicant or
design-build team receiving a preference in biddi ng described in
subsection 1 must:
(a) Include a provision in the contract that substantially
incorporates the requirements of paragraphs (a) to [(d),] (e),
inclusive, of subsection 1; and
(b) Provide that a failure to comply with any requirement of
paragraphs (a) to [(d),] (e), inclusive, of subsection 1 entitles the
public body to a penalty only as provided in subsections 5 and 6.
3. A person who submitted a bid on the public work or an
entity who believes that a contractor, applicant or design -build team
has obtained a preference in bidding as described in subsection 1 but
has failed to comply with a requirement of paragraphs (a) to [(d),]
(e), inclusive, of subsection 1 may file, before the substantial
completion of the public work, a written objection with the public
body for which the contractor, applicant or design -build team is
performing the public work. A written objection authorized pursuant
to this subsection must set forth proof or substantiating evidence to
support the belief of the person or entity that the contractor,
applicant or design -build team has failed to comply with a
requirement of paragraphs (a) to [(d),] (e), inclusive, of
subsection 1.
4. If a public body receives a written objection pursuant to
subsection 3, the public body shall determine whether the objection
is accompanied by the proof or substantiating evidence required
pursuant to that subsection. If the public body determines that the
objection is not accompanied by the required proof or substantiating
evidence, the public body shall dismiss the objection. If the public
body determines that the objection is accompanied by the required
proof or substantiating evidence or if the public body determines on
its own initiative that proof or substantiating evidence of a failure to
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comply with a requirement of paragraphs (a) to [(d),] (e), inclusive,
of subsection 1 exists, the public body shall determine whether the
contractor, applicant or design-build team has failed to comply with
a requirement of paragraphs (a) to [(d),] (e), inclusive, of subsection
1 and the public body or its authorized representative may proceed
to award the contract accordingly or, if the contract has already been
awarded, seek the remedy authorized in subsection 5.
5. In addition to any other remedy or penalty provided by law,
a public body may recover, by civil action against the party
responsible for a failure to comply with a requirement of paragraphs
(a) to [(d),] (e), inclusive, of subsection 1, a penalty as described in
subsection 6 for a failure to comply with a requirement of
paragraphs (a) to [(d),] (e), inclusive, of subsection 1. If a public
body recovers a penalty pursuant to this subsection, the public body
shall report to the State Contractors’ Board the date of the failure to
comply, the name of each entity which failed to comply and the cost
of the contract to which the entity that failed to comply was a party.
The Board shall maintain this information for not less than 6 y ears.
Upon request, the Board shall provide this information to any public
body or its authorized representative.
6. If a contractor, applicant or design -build team submits the
affidavit described in subsection 1, receives a preference in bidding
described in subsection 1 and is awarded the contract as a result of
that preference, the contract between the contractor, applicant or
design-build team and the public body, each contract between the
contractor, applicant or design -build team and a subcontractor and
each contract between a subcontractor and a lower tier subcontractor
must provide that:
(a) If a party to the contract causes the contractor, applicant or
design-build team to fail to comply with a requirement of
paragraphs (a) to [(d),] (e), inclusive, of subsection 1, the party is
liable to the public body for a penalty in the amount of 1 percent of
the cost of the largest contract to which he or she is a party;
(b) The right to recover the amount determined pursuant to
paragraph (a) by the public body pursuant to subsection 5 may be
enforced by the public body directly against the party that caused
the failure to comply with a requirement of paragraphs (a) to [(d),]
(e), inclusive, of subsection 1; and
(c) No other party to the contract is liable to the public body for
a penalty.
7. A public body that awards a contract for a public work to a
contractor, applicant or design-build team who submits the affidavit
described in subsection 1 and who receives a preference in bidding
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described in subsecti on 1 shall, on or before July 31 of each year,
submit a written report to the Director of the Legislative Counsel
Bureau for transmittal to the Legislative Commission. The report
must include information on each contract for a public work
awarded to a contractor, applicant or design-build team who submits
the affidavit described in subsection 1 and who receives a
preference in bidding described in subsection 1, including, without
limitation, the name of the contractor, applicant or design -build
team who was awarded the contract, the cost of the contract, a brief
description of the public work and a description of the degree to
which the contractor, applicant or design -build team and each
subcontractor complied with the requirements of paragraphs (a) to
[(d),] (e), inclusive, of subsection 1.
8. As used in this section:
(a) “Lower tier subcontractor” means a subcontractor who
contracts with another subcontractor to provide labor, materials or
services to the other subcontractor for a construction project.
(b) “Vehicle used primarily for the public work” does not
include any vehicle that is present at the site of the public work only
occasionally and for a purpose incidental to the public work
including, without limitation, the delivery of materials.
Notwithstanding the provisions of this paragraph, the term includes
any vehicle which is:
(1) Owned or operated by the contractor or any subcontractor
who is engaged on the public work; and
(2) Present at the site of the public work.
Sec. 2. NRS 338.020 is hereby amended to read as follows:
338.020 1. Every contract to which a public body of this
State is a party, requiring the employment of skilled mechanics,
skilled workers, semiskilled mechanics, semiskilled workers , [or]
unskilled labor or workers who perform custom fabrication in the
performance o f a public work, must contain in express terms the
hourly and daily rate of wages to be paid each of the classes of
mechanics and workers. The hourly and daily rate of wages must:
(a) Not be less than the rate of such wages then prevailing in the
region in which the public work is located, which prevailing rate of
wages must have been determined in the manner provided in NRS
338.030; and
(b) Be posted on the site of the public work in a place generally
visible to the workers.
2. When public work is perf ormed by day labor, the prevailing
wage for each class of mechanics and workers so employed applies
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and must be stated clearly to such mechanics and workers when
employed.
3. Except as otherwise provided in subsection 4, a contractor or
subcontractor shall pay to a mechanic or worker employed by the
contractor or subcontractor on the public work not less than one and
one-half times the prevailing rate of wages applicable to the class of
the mechanic or worker for each hour the mechanic or worker works
on the public work in excess of:
(a) Forty hours in any scheduled week of work by the mechanic
or worker for the contractor or subcontractor, including, without
limitation, hours worked for the contractor or subcontractor on work
other than the public work; or
(b) Eight hours in any workday that the mechanic or worker was
employed by the contractor or subcontractor, including, without
limitation, hours worked for the contractor or subcontractor on work
other than the public work, unless by mutual agreement t he
mechanic or worker works a scheduled 10 hours per day for 4
calendar days within any scheduled week of work.
4. The provisions of subsection 3 do not apply to a mechanic or
worker who is covered by a collective bargaining agreement that
provides for the payment of wages at not less than one and one -half
times the rate of wages set forth in the collective bargaining
agreement for work in excess of:
(a) Forty hours in any scheduled week of work; or
(b) Eight hours in any workday unless the collective b argaining
agreement provides that the mechanic or worker shall work a
scheduled 10 hours per day for 4 calendar days within any
scheduled week of work.
5. The prevailing wage and any wages paid for overtime
pursuant to subsection 3 or 4 to each class of mechanics or workers
must be in accordance with the jurisdictional classes recognized in
the region where the work is performed.
6. Nothing in this section prevents an employer who is
signatory to a collective bargaining agreement from assigning such
work in accordance with established practice.
Sec. 2.2. NRS 338.040 is hereby amended to read as follows:
338.040 1. Except as otherwise provided by specific statute,
workers who are:
(a) Employed at the site of a public work; and
(b) Necessary in the execution of the contract for the public
work,
are deemed to be employed on public works.
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2. The Labor Commissioner shall adopt regulations to define
the circumstances under which a worker is:
(a) Employed at the site of a public work; and
(b) Necessary in the execution of the contract for the public
work.
3. Workers who perform custom fabrication for a public work
are deemed to be employed on the public work regardless of the
location at which the workers perform the custom fabrication.
4. The Labor Commissioner may adopt regulations to define
the circumstances under which a worker is performing custom
fabrication for a public work.
Sec. 2.3. NRS 338.1389 is hereby amended to read as follows:
338.1389 1. Except as otherwise provided in subsection 10
and NRS 338.1385, 338.1386 and 338.13864, a public body or its
authorized representative shall award a contract for a public work
for which the estimated cost exceeds $250,000 to the contractor who
submits the best bid.
2. Except as otherwise provided in subsection 10 or limited by
subsection 11, the lowest bid that is:
(a) Submitted by a responsive and responsible contractor who:
(1) Has been determined by the public body to be a qualified
bidder pursuant to NRS 338.1379 or 338.1382;
(2) At the time the contractor submits his or her bid, provides
a valid certificate of eligibility to receive a preference in bidding on
public works issued to the contractor by the State Contr actors’
Board pursuant to subsection 3 or 4; and
(3) Within 2 hours after the completion of the opening of the
bids by the public body or its authorized representative, submits a
signed affidavit that meets the requirements of subsection 1 of NRS
338.0117; and
(b) Not more than 5 percent higher than the bid submitted by the
lowest responsive and responsible bidder who:
(1) Does not provide, at the time he or she submits the bid, a
valid certificate of eligibility to receive a preference in bidding on
public works issued to him or her by the State Contractors’ Board
pursuant to subsection 3 or 4; or
(2) Does not submit, within 2 hours after the completion of
the opening of the bids by the public body or its authorized
representative, a signed affidavit certifying that he or she will
comply with the requirements of paragraphs (a) to [(d),] (e),
inclusive, of subsection 1 of NRS 338.0117 for the duration of the
contract,
shall be deemed to be the best bid for the purposes of this section.
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3. The State Contractors’ Board shall issue a certificate of
eligibility to receive a preference in bidding on public works to a
general contractor who is licensed pursuant to the provisions of
chapter 624 of NRS and submits to the Board an affidavit from a
certified public accountant setting forth that the general contractor
has, while licensed as a general contractor in this State:
(a) Paid directly, on his or her own behalf:
(1) The sales and use taxes imposed pursuant to chapters
372, 374 and 377 of NRS on materials used for construction in this
State, including, without limitation, construction that is undertaken
or carried out on land within the boundaries of this State that is
managed by the Federal Government or is on an Indian reservation
or Indian colo ny, of not less than $5,000 for each consecutive 12 -
month period for 60 months immediately preceding the submission
of the affidavit from the certified public accountant;
(2) The governmental services tax imposed pursuant to
chapter 371 of NRS on the veh icles used in the operation of his or
her business in this State of not less than $5,000 for each
consecutive 12-month period for 60 months immediately preceding
the submission of the affidavit from the certified public accountant;
or
(3) Any combination of such sales and use taxes and
governmental services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a
stock option plan, all the assets and liabilities of a viable, operating
construction firm that possesses a:
(1) License as a general contractor pursuant to the provisions
of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding
on public works.
4. The State Contractors’ Board shall issue a certificate of
eligibility to receive a prefere nce in bidding on public works to a
specialty contractor who is licensed pursuant to the provisions of
chapter 624 of NRS and submits to the Board an affidavit from a
certified public accountant setting forth that the specialty contractor
has, while licensed as a specialty contractor in this State:
(a) Paid directly, on his or her own behalf:
(1) The sales and use taxes pursuant to chapters 372, 374 and
377 of NRS on materials used for construction in this State,
including, without limitation, constructi on that is undertaken or
carried out on land within the boundaries of this State that is
managed by the Federal Government or is on an Indian reservation
or Indian colony, of not less than $5,000 for each consecutive 12 -
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month period for 60 months immediate ly preceding the submission
of the affidavit from the certified public accountant;
(2) The governmental services tax imposed pursuant to
chapter 371 of NRS on the vehicles used in the operation of his or
her business in this State of not less than $5,000 for each
consecutive 12-month period for 60 months immediately preceding
the submission of the affidavit from the certified public accountant;
or
(3) Any combination of such sales and use taxes and
governmental services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a
stock option plan, all the assets and liabilities of a viable, operating
construction firm that possesses a:
(1) License as a specialty contractor pursuant to the
provisions of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding
on public works.
5. For the purposes of complying with the requirements set
forth in paragraph (a) of subsection 3 and paragraph (a) of
subsection 4, a contractor shall be deemed to have paid:
(a) Sales and use taxes and governmental services taxes that
were paid in this State by an affiliate or parent company of the
contractor, if the affiliate or parent company is also a general
contractor or specialty contractor, as applicable; and
(b) Sales a nd use taxes that were paid in this State by a joint
venture in which the contractor is a participant, in proportion to the
amount of interest the contractor has in the joint venture.
6. A contractor who has received a certificate of eligibility to
receive a preference in bidding on public works from the State
Contractors’ Board pursuant to subsection 3 or 4 shall, at the time
for the renewal of his or her contractor’s license pursuant to NRS
624.283, submit to the Board an affidavit from a certified publ ic
accountant setting forth that the contractor has, during the
immediately preceding 12 months, paid the taxes required pursuant
to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as
applicable, to maintain eligibility to hold such a certificate.
7. A contractor who fails to submit an affidavit to the Board
pursuant to subsection 6 ceases to be eligible to receive a preference
in bidding on public works unless the contractor reapplies for and
receives a certificate of eligibility pursuant to subsection 3 or 4, as
applicable.
8. If a contractor holds more than one contractor’s license, the
contractor must submit a separate application for each license
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pursuant to which the contractor wishes to qualify for a preference
in bidding. Upon iss uance, the certificate of eligibility to receive a
preference in bidding on public works becomes part of the
contractor’s license for which the contractor submitted the
application.
9. If a contractor who applies to the State Contractors’ Board
for a certificate of eligibility to receive a preference in bidding on
public works:
(a) Submits false information to the Board regarding the
required payment of taxes, the contractor is not eligible to receive a
preference in bidding on public works for a period of 5 years after
the date on which the Board becomes aware of the submission of the
false information; or
(b) Is found by the Board to have, within the preceding 5 years,
materially breached a contract for a public work for which the cost
exceeds $ 5,000,000, the contractor is not eligible to receive a
preference in bidding on public works.
10. If any federal statute or regulation precludes the granting of
federal assistance or reduces the amount of that assistance for a
particular public work beca use of the provisions of subsection 2,
those provisions do not apply insofar as their application would
preclude or reduce federal assistance for that work.
11. If a bid is submitted by two or more contractors as a joint
venture or by one of them as a jo int venturer, the bid may receive a
preference in bidding only if both or all of the joint venturers
separately meet the requirements of subsection 2.
12. The State Contractors’ Board shall adopt regulations and
may assess reasonable fees relating to the certification of contractors
for a preference in bidding on public works.
13. A person who submitted a bid on the public work or an
entity who believes that the contractor who was awarded the
contract for the public work wrongfully holds a certificate o f
eligibility to receive a preference in bidding on public works may
challenge the validity of the certificate by filing a written objection
with the public body to which the contractor has submitted a bid on
a contract for the construction of a public wor k. A written objection
authorized pursuant to this subsection must:
(a) Set forth proof or substantiating evidence to support the
belief of the person or entity that the contractor wrongfully holds a
certificate of eligibility to receive a preference in b idding on public
works; and
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(b) Be filed with the public body not later than 3 business days
after the opening of the bids by the public body or its authorized
representative.
14. If a public body receives a written objection pursuant to
subsection 13, the public body shall determine whether the objection
is accompanied by the proof or substantiating evidence required
pursuant to paragraph (a) of that subsection. If the public body
determines that the objection is not accompanied by the required
proof or substantiating evidence, the public body shall dismiss the
objection and the public body or its authorized representative may
proceed immediately to award the contract. If the public body
determines that the objection is accompanied by the required proof
or substantiating evidence, the public body shall determine whether
the contractor qualifies for the certificate pursuant to the provisions
of this section and the public body or its authorized representative
may proceed to award the contract accordingly.
Sec. 2.7. NRS 338.147 is hereby amended to read as follows:
338.147 1. Except as otherwise provided in subsection 10
and NRS 338.143, 338.1442 and 338.1446, a local government or
its authorized representative shall award a contract for a public work
for which the estimated cost exceeds $250,000 to the contractor who
submits the best bid.
2. Except as otherwise provided in subsection 10 or limited by
subsection 11, the lowest bid that is:
(a) Submitted by a contractor who:
(1) Has been found to be a responsible and responsive
contractor by the local government or its authorized representative;
(2) At the time the contractor submits his or her bid, provides
a valid certificate of eligibility to receive a preference in bidding on
public works issued to the contractor by the State Contractors’
Board pursuant to subsection 3 or 4; and
(3) Within 2 hours after the completion of the opening of the
bids by the local government or its authorized representative,
submits a signed affidavit that meets the requirements of subsection
1 of NRS 338.0117; and
(b) Not more than 5 percent higher than the bid submitted by the
lowest responsive and responsible bidder who:
(1) Does not provide, at the time he or she submits the bid, a
valid certificate of eligibility to receive a preference in bidding on
public works issued to him or her by the State Contractors’ Board
pursuant to subsection 3 or 4; or
(2) Does not submit, within 2 hours after the completion of
the opening of the b ids by the public body or its authorized
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representative, a signed affidavit certifying that he or she will
comply with the requirements of paragraphs (a) to [(d),] (e),
inclusive, of subsection 1 of NRS 338.0117 for the duration of the
contract,
shall be deemed to be the best bid for the purposes of this section.
3. The State Contractors’ Board shall issue a certificate of
eligibility to receive a preference in bidding on public works to a
general contractor who is licensed pursuant to the provisions of
chapter 624 of NRS and submits to the Board an affidavit from a
certified public accountant setting forth that the general contractor
has, while licensed as a general contractor in this State:
(a) Paid directly, on his or her own behalf:
(1) The sales and use taxes imposed pursuant to chapters
372, 374 and 377 of NRS on materials used for construction in this
State, including, without limitation, construction that is undertaken
or carried out on land within the boundaries of this State that is
managed by the Federal Government or is on an Indian reservation
or Indian colony, of not less than $5,000 for each consecutive 12 -
month period for 60 months immediately preceding the submission
of the affidavit from the certified public accountant;
(2) The gover nmental services tax imposed pursuant to
chapter 371 of NRS on the vehicles used in the operation of his or
her business in this State of not less than $5,000 for each
consecutive 12-month period for 60 months immediately preceding
the submission of the af fidavit from the certified public accountant;
or
(3) Any combination of such sales and use taxes and
governmental services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a
stock option plan, all the assets and liabilities of a viable, operating
construction firm that possesses a:
(1) License as a general contractor pursuant to the provisions
of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding
on public works.
4. The State Contractors’ Board shall issue a certificate of
eligibility to receive a preference in bidding on public works to a
specialty contractor who is licensed pursuant to the provisions of
chapter 624 of NRS and submits to the Board an affidavit from a
certified public accountant setting forth that the specialty contractor
has, while licensed as a specialty contractor in this State:
(a) Paid directly, on his or her own behalf:
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- 83rd Session (2025)
(1) The sales and use taxes pursuant to chapters 372, 374 and
377 of NRS on materials used for construction in this State,
including, without limitation, construction that is undertaken or
carried out on land within the boundaries of this State that is
managed by the Federal Government or is on an Indian reservation
or Indian colo ny, of not less than $5,000 for each consecutive 12 -
month period for 60 months immediately preceding the submission
of the affidavit from the certified public accountant;
(2) The governmental services tax imposed pursuant to
chapter 371 of NRS on the veh icles used in the operation of his or
her business in this State of not less than $5,000 for each
consecutive 12-month period for 60 months immediately preceding
the submission of the affidavit from the certified public accountant;
or
(3) Any combination of such sales and use taxes and
governmental services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a
stock option plan, all the assets and liabilities of a viable, operating
construction firm that possesses a:
(1) License as a specialty contractor pursuant to the
provisions of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding
on public works.
5. For the purposes of complying with the requirements set
forth in paragraph (a) of subsec tion 3 and paragraph (a) of
subsection 4, a contractor shall be deemed to have paid:
(a) Sales and use taxes and governmental services taxes paid in
this State by an affiliate or parent company of the contractor, if the
affiliate or parent company is also a general contractor or specialty
contractor, as applicable; and
(b) Sales and use taxes paid in this State by a joint venture in
which the contractor is a participant, in proportion to the amount of
interest the contractor has in the joint venture.
6. A contractor who has received a certificate of eligibility to
receive a preference in bidding on public works from the State
Contractors’ Board pursuant to subsection 3 or 4 shall, at the time
for the renewal of his or her contractor’s license pursuant to NRS
624.283, submit to the Board an affidavit from a certified public
accountant setting forth that the contractor has, during the
immediately preceding 12 months, paid the taxes required pursuant
to paragraph (a) of subsection 3 or paragraph (a) of subse ction 4, as
applicable, to maintain eligibility to hold such a certificate.
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- 83rd Session (2025)
7. A contractor who fails to submit an affidavit to the Board
pursuant to subsection 6 ceases to be eligible to receive a preference
in bidding on public works unless the contrac tor reapplies for and
receives a certificate of eligibility pursuant to subsection 3 or 4, as
applicable.
8. If a contractor holds more than one contractor’s license, the
contractor must submit a separate application for each license
pursuant to which th e contractor wishes to qualify for a preference
in bidding. Upon issuance, the certificate of eligibility to receive a
preference in bidding on public works becomes part of the
contractor’s license for which the contractor submitted the
application.
9. If a contractor who applies to the State Contractors’ Board
for a certificate of eligibility to receive a preference in bidding on
public works:
(a) Submits false information to the Board regarding the
required payment of taxes, the contractor is not eligi ble to receive a
preference in bidding on public works for a period of 5 years after
the date on which the Board becomes aware of the submission of the
false information; or
(b) Is found by the Board to have, within the preceding 5 years,
materially breached a contract for a public work for which the cost
exceeds $5,000,000, the contractor is not eligible to receive a
preference in bidding on public works.
10. If any federal statute or regulation precludes the granting of
federal assistance or reduces th e amount of that assistance for a
particular public work because of the provisions of subsection 2,
those provisions do not apply insofar as their application would
preclude or reduce federal assistance for that work.
11. If a bid is submitted by two or more contractors as a joint
venture or by one of them as a joint venturer, the bid may receive a
preference in bidding only if both or all of the joint venturers
separately meet the requirements of subsection 2.
12. The State Contractors’ Board shall ado pt regulations and
may assess reasonable fees relating to the certification of contractors
for a preference in bidding on public works.
13. A person who submitted a bid on the public work or an
entity who believes that the contractor who was awarded the
contract for the public work wrongfully holds a certificate of
eligibility to receive a preference in bidding on public works may
challenge the validity of the certificate by filing a written objection
with the local government to which the contractor has submitted a
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bid on a contract for the construction of a public work. A written
objection authorized pursuant to this subsection must:
(a) Set forth proof or substantiating evidence to support the
belief of the person or entity that the contractor wrongful ly holds a
certificate of eligibility to receive a preference in bidding on public
works; and
(b) Be filed with the local government not later than 3 business
days after the opening of the bids by the local government or its
authorized representative.
14. If a local government receives a written objection pursuant
to subsection 13, the local government shall determine whether the
objection is accompanied by the proof or substantiating evidence
required pursuant to paragraph (a) of that subsection. If the local
government determines that the objection is not accompanied by the
required proof or substantiating evidence, the local government shall
dismiss the objection and the local government or its authorized
representative may proceed immediately to award the contract. If
the local government determines that the objection is accompanied
by the required proof or substantiating evidence, the local
government shall determine whether the contractor qualifies for the
certificate pursuant to the provisions of th is section and the local
government or its authorized representative may proceed to award
the contract accordingly.
Sec. 3. NRS 332.390 is hereby amended to read as follows:
332.390 1. If a performance contract entered into pursuant to
NRS 332.300 to 332.440, inclusive, requires the employment of
skilled mechanics, skilled workers, semiskilled mechanics,
semiskilled workers , [or] unskilled labor or workers who perform
custom fabrication to perform the performance contract, the
performance contract must include a provision relating to the
prevailing wage as required pursuant to NRS 338.013 to 338.090,
inclusive. The local government, the qualified service company, any
contractor who is aw arded a contract or enters into an agreement to
perform the work for the performance contract, and any
subcontractor who performs any portion of that work shall comply
with the provisions of NRS 338.013 to 338.090, inclusive, in the
same manner as if the l ocal government had undertaken the work or
had awarded the contract.
2. Before a qualified service company enters into a
performance contract pursuant to NRS 332.300 to 332.440,
inclusive, that exceeds $100,000, the qualified service company
must furnish to the contracting body any bonds required pursuant to
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- 83rd Session (2025)
NRS 339.025. The provisions of chapter 339 of NRS apply to any
performance contract described in this subsection.
3. As used in this section:
(a) “Custom fabrication” means the manufacture, assembly or
other production of any nonstandard good or material that is
manufactured, assembled or otherwise produced for a specific
performance contract.
(b) “Nonstandard good or material” has the meaning ascribed
to it in NRS 338.010.
Sec. 4. NRS 333A.120 is hereby amended to read as follows:
333A.120 1. If a performance contract entered into pursuant
to this chapter requires the employment of skilled mechanics, skilled
workers, semiskilled mechanics, semiskilled workers , [or] unskilled
labor or workers who perform custom fabrication to perform the
performance contract, the performance contract must include a
provision relating to the prevailing wage as required pursuant to
NRS 338.013 to 338.090, inclusive. The using agency, the qualified
service company, any contractor who is awarded a contract or enters
into an agreement to perform the work for the performance contract,
and any subcontractor who performs any portion of that work shall
comply with the provisions of NRS 338.013 to 338.090, inclusive,
in the same manner as if the using agency had undertaken the work
or had awarded the contract.
2. As used in this section:
(a) “Custom fabrication” means the manufacture, assembly or
other production of any nonstandard good or material that is
manufactured, assembled or otherwise produced for a specific
performance contract.
(b) “Nonstandard good or material” has the meaning ascribed
to it in NRS 338.010.
Sec. 5. Section 33 of the Tahoe -Douglas Visitor’s Authority
Act, being chapter 375, Statutes of Nevada 2019, at page 2364, is
hereby amended to read as follows:
Sec. 33. If a project that is financed by the Authority or
is otherwise undertaken by the Authority, including, without
limitation, pursuant to a lease, lease -purchase agreement or
installment-purchase agreement:
1. Requires the employment of skilled mechanics,
skilled workers, semiskilled mechanics, semiskilled workers ,
[or] unskilled labor or workers who perform custom
fabrication, as defined in NRS 338.010, to perform the
project; and
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2. Does not qualify as a public work, as defined in
NRS 338.010,
the contract or agreement for the project must include a
provision requiring the payment of prevailing wages in
compliance with the provisions of NRS 338.013 to 338.090,
inclusive, in the same manner as if the Authority had
undertaken the project or had a warded the contract or
agreement.
Sec. 6. The amendatory provisions of this act do not apply to
any contract to which the provisions of:
1. NRS 338.020 to 338.090, inclusive;
2. NRS 332.390; or
3. NRS 333A.120,
apply, that is awarded before January 1, 2026.
Sec. 7. The provisions of NRS 354.599 do not apply to any
additional expenses of a local government that are related to the
provisions of this act.
Sec. 8. 1. This section becomes effective upon passage and
approval.
2. Sections 1 to 7, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2026, for all other purposes.
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