Nev. Rev. Stat. § 353.640 – Criteria; applicability of laws governing public works; subcontracts; provisions required to be included in agreement with prime contractor

1. An organization may partner with a state agency and provide private financing only for the construction of a hospital, medical education building or medical research building in this State if the organization:
1. (a) Qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c) and a supporting organization pursuant to 26 U.S.C. § 509(a)(3); and
2. (b) Is organized and operated to support the state agency in the construction of a hospital, medical education building or medical research building in this State.
2. An organization that meets the criteria set forth in subsection 1:
1. (a) Is exempt from the provisions of NRS 338.1375 to 338.139, inclusive, in selecting a contractor for a project developed by the organization;
2. (b) Shall comply with the provisions of NRS 338.013 to 338.090, inclusive; and
3. (c) Is exempt from the provisions of chapter 341 of NRS and not subject to the oversight or involvement of the State Public Works Division of the Department of Administration, except for any authority of the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section exercised pursuant to subsection 2 of NRS 341.145.
3. All subcontracts for a project developed by an organization that meets the criteria set forth in subsection 1 must be competitively bid pursuant to NRS 338.1685 to 338.16995, inclusive. An eligible subcontractor who bids on such a project is entitled to receive a preference in bidding pursuant to subsection 3 or 4 of NRS 338.1389.
4. Any contract or agreement entered into with a prime contractor for a project developed by an organization that meets the criteria set forth in subsection 1 must include, without limitation, provisions requiring:
1. (a) That at least 15 percent of the subcontracts for the project will be awarded to local small businesses; and
2. (b) The prime contractor to comply with the requirements of NRS 338.01165 for the use of apprentices.
5. As used in this section, “state agency” means an agency, board, bureau, commission, department, division, elected officer or any other unit of the Executive Department of the State Government. The term includes the Nevada System of Higher Education.

(Added to NRS by 2023, 3378)