1. A public body may procure a public-private partnership by means of:
(a) Requests for project proposals in which the public body describes a class of transportation facilities or a geographic area in which private entities are invited to submit proposals to develop transportation facilities.
(b) Solicitations using requests for qualifications, short-listings of qualified proposers, requests for proposals, negotiations, best and final offers or other procurement procedures.
(c) Procurements seeking from the private sector development and finance plans most suitable for the project.
(d) Best value selection procurements based on price or financial proposals, or both, or other factors.
(e) Other procedures that the public body determines may further the implementation of a public-private partnership.
2. For any procurement in which the public body issues a request for qualifications, request for proposals or similar solicitation document, the request must generally set forth the factors that will be evaluated and the manner in which responses will be evaluated. Such factors may include, without limitation:
(a) The ability of the transportation facility to promote economic growth and to improve safety, reduce congestion or increase capacity.
(b) The proposed cost and a proposed financial plan for the transportation facility.
(c) The general reputation, qualifications, industry experience and financial capacity of the proposer.
(d) The proposed design, operation and feasibility of the transportation facility.
(e) Comments from users, local citizens and affected jurisdictions.
(f) Benefits to the public.
(g) The safety record of the proposer.
(h) Other criteria that the public body deems appropriate.
3. In evaluating proposals, the public body may give such relative weight to factors such as cost, financial commitment, innovative financing, technical, scientific, technological or socioeconomic merit and other factors as the public body deems appropriate.
4. The public body may procure services, award agreements and administer revenues as authorized in this section notwithstanding any requirements of any other state or local statute, regulation or ordinance relating to public bidding or other procurement procedures.
5. The public body may expend money from any lawful source reasonably necessary for the development of procurements, evaluation of concepts or proposals, negotiation of agreements and implementation of agreements for the development or operation of transportation facilities pursuant to NRS 338.158 to 338.1602, inclusive.
6. Any state agency or any county, municipality or other public agency may sell, lease, grant, transfer or convey to the public body, with or without consideration, any facility or any part or parts thereof or any real or personal property or interest therein which may be useful to the public body for any authorized purpose. In any case where the construction of a facility has not been completed, the public agency concerned may also transfer, sell, assign, and set over to the public body, with or without consideration, any existing contract for the construction of the facility.
(Added to NRS by 2017, 3198)
Structure Nevada Revised Statutes
NRS 338.0116 - Legislative findings and declarations.
NRS 338.012 - Regulations of Labor Commissioner.
NRS 338.015 - Enforcement by Labor Commissioner and Attorney General.
NRS 338.025 - Prevailing wage regions.
NRS 338.030 - Procedure for determination of prevailing wage in region; duration of rates.
NRS 338.040 - Workers deemed to be employed on public works; regulations.
NRS 338.050 - Contractual relationships: Applicability of NRS 338.010 to 338.090, inclusive.
NRS 338.072 - Requirement for subcontractor to hold state business license.
NRS 338.130 - Preferential employment in construction of public works.
NRS 338.1376 - State public works: Qualification of subcontractors; disqualification; appeal.
NRS 338.1377 - Local government public works: Adoption of criteria for qualification of bidders.
NRS 338.1382 - Local government public works: Alternative procedure for qualification of bidders.
NRS 338.13842 - "Local business" defined.
NRS 338.13843 - "Veteran with a service-connected disability" defined.
NRS 338.13844 - Amount of preferences.
NRS 338.13845 - Fraudulent acts.
NRS 338.13846 - Duty of State Public Works Division to report to Legislature.
NRS 338.13862 - Requirements for awarding contract for smaller public work to contractor.
NRS 338.139 - Awarding of contract to specialty contractor: Conditions.
NRS 338.148 - Awarding of contract to specialty contractor: Conditions.
NRS 338.155 - Provisions relating to design professional who is not member of design-build team.
NRS 338.1581 - "Concession" defined.
NRS 338.1582 - "Private partner" defined.
NRS 338.1583 - "Public-private partnership" defined.
NRS 338.1584 - "Transportation facility" defined.
NRS 338.1585 - "User fee" defined.
NRS 338.1587 - Public-private partnership: Authority to enter; authorized provisions.
NRS 338.1589 - Alternative methods: Authorization.
NRS 338.159 - Alternative methods: Submission of request to public body; contents of request.
NRS 338.1591 - Alternative methods: Request for submission of proposals by public body.
NRS 338.1598 - Contract for services under alternative methods.
NRS 338.1599 - Federal, state or local assistance.
NRS 338.1601 - Eminent domain.
NRS 338.1602 - Applicability of state and federal laws.
NRS 338.161 - "Transportation facility" defined.
NRS 338.162 - Alternative methods of authorization.
NRS 338.163 - Submission of request to public body; contents of request.
NRS 338.164 - Request for submission of proposals by public body.
NRS 338.167 - Contract for transportation services.
NRS 338.168 - Federal, state or local assistance.
NRS 338.1685 - Declaration of legislative intent.
NRS 338.1691 - Qualifications for construction manager at risk.
NRS 338.1715 - Procedure for selecting design-build team.
NRS 338.1718 - Contract with construction manager as agent.
NRS 338.1721 - Qualifications of design-build team.
NRS 338.1723 - Advertisement for preliminary proposals.
NRS 338.193 - Standards for plumbing fixtures.
NRS 338.415 - "Progress bill" defined.
NRS 338.420 - "Progress payment" defined.
NRS 338.425 - "Retainage" defined.
NRS 338.430 - "Retainage bill" defined.
NRS 338.435 - "Retainage payment" defined.
NRS 338.455 - Methods to be used for providing notice.
NRS 338.460 - Period for accrual of interest on retainage.
NRS 338.480 - Provisions inapplicable to certain contracts made by Department of Transportation.
NRS 338.510 - Submittal of progress bills.
NRS 338.530 - Payment of interest on amounts withheld improperly.
NRS 338.550 - Time for making payments; amounts paid.
NRS 338.555 - Amounts withheld as retainage; payment of interest.
NRS 338.565 - Payment of interest on amounts withheld improperly.
NRS 338.590 - Time for making payments; amounts paid.
NRS 338.595 - Amounts withheld as retainage; payment of interest.
NRS 338.605 - Payment of interest on amounts withheld improperly.
NRS 338.635 - Action by subcontractor or supplier to remedy unjustified or excessive withholding.
NRS 338.640 - Award of reasonable costs and attorney’s fees to prevailing party.