Nevada Revised Statutes 332.068 – Contract for which estimated annual amount required to perform is more than $100,000: Filing and contents of protest of award; posting and disposition of bond or security; stay of action; immunity of governing body f…
1. A person who submits a response to a solicitation for a contract for which the estimated annual amount to perform the contract is more than $100,000 may, after the responses are opened and within the period specified by the governing body or its authorized representative in the solicitation pursuant to NRS 332.043, file with the governing body or its authorized representative a notice of protest regarding the awarding of the contract.
Terms Used In Nevada Revised Statutes 332.068
- Authorized representative: means a person designated by the governing body to be responsible for the development, award and proper administration of all purchases and contracts for a local government or a department, division, agency, board or unit of a local government made pursuant to this chapter. See Nevada Revised Statutes 332.025
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Governing body: means the board, council, commission or other body in which the general legislative and fiscal powers of the local government are vested. See Nevada Revised Statutes 332.025
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Solicitation: means a written statement which sets forth the requirements and specifications of a contract to be awarded by:
(a) An invitation to bid;
(b) A request for proposals;
(c) A request for a statement of qualifications;
(d) A request for a quotation; or
(e) Any other accepted method of purchasing that complies with the provisions of this chapter. See Nevada Revised Statutes 332.025
2. A notice of protest must include a written statement setting forth with specificity the reasons the person filing the notice believes the applicable provisions of law were violated.
3. A person filing a notice of protest may be required by the governing body or its authorized representative, at the time the notice of protest is filed, to post a bond with a good and solvent surety authorized to do business in this State or submit other security, in a form approved by the governing body or its authorized representative, to the governing body or its authorized representative who shall hold the bond or other security until a determination is made on the protest. A bond posted or other security submitted with a notice of protest must be in an amount equal to the lesser of:
(a) Twenty-five percent of the total value of the response submitted by the person filing the notice of protest; or
(b) Two hundred fifty thousand dollars.
4. A notice of protest filed in accordance with the provisions of this section operates as a stay of action in relation to the awarding of any contract until a determination is made by the governing body or its authorized representative on the protest.
5. A person who submits an unsuccessful response may not seek any type of judicial intervention until the governing body or its authorized representative has made a determination on the protest and awarded the contract.
6. A governing body or its authorized representative is not liable for any costs, expenses, attorney’s fees, loss of income or other damages sustained by a person who submits a response, whether or not the person files a notice of protest pursuant to this section.
7. If the protest is upheld, the bond posted or other security submitted with the notice of protest must be returned to the person who posted the bond or submitted the security. If the protest is rejected, a claim may be made against the bond or other security by the governing body or its authorized representative in an amount equal to the expenses incurred by the governing body or its authorized representative because of the unsuccessful protest. Any money remaining after the claim has been satisfied must be returned to the person who posted the bond or submitted the security.