Nevada Revised Statutes
Chapter 338 - Public Works
NRS 338.1373 - Option of local governments to comply with alternative procedures; public bodies prohibited from using reverse auctions; inapplicability of certain provisions to contracts awarded by Department of Transportation.

1. A local government or its authorized representative shall award a contract for a public work pursuant to the provisions of NRS 338.1415 and:
(a) NRS 338.1377 to 338.139, inclusive;
(b) NRS 338.143 to 338.148, inclusive;
(c) NRS 338.1685 to 338.16995, inclusive; or
(d) NRS 338.1711 to 338.173, inclusive.
2. A public body shall not use a reverse auction when awarding a contract for a public work.
3. Except as otherwise provided in this subsection, subsection 4 and chapter 408 of NRS, the provisions of this chapter apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive. The provisions of NRS 338.1375 to 338.1382, inclusive, 338.1386, 338.13862, 338.13864, 338.139, 338.142 and 338.1711 to 338.1727, inclusive, do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive.
4. To the extent that a provision of this chapter precludes the granting of federal assistance or reduces the amount of such assistance with respect to a contract for the construction, reconstruction, improvement or maintenance of highways that is awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive, that provision of this chapter does not apply to the Department of Transportation or the contract.
5. As used in this section:
(a) "Online bidding" means a process by which bidders submit bids for a contract on a secure website on the Internet or its successor, if any, which is established and maintained for that purpose.
(b) "Reverse auction" means a process by which a bidder may submit more than one bid if each subsequent response to online bidding is at a lower price.
(Added to NRS by 1999, 2390; A 2001, 640, 1930, 2262; 2003, 157, 1988, 2128, 2418, 2491; 2007, 2896; 2011, 43, 1602, 3684, 3685; 2013, 1027, 2967; 2017, 4035; 2019, 704; 2021, 736, 2218)

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