Nevada Revised Statutes 338.1588 – Public-private partnership: Methods of procurement; information required to be provided by public body for certain procurements; relative weight of factors in evaluation of proposals; exemption from public bidding o…
1. A public body may procure a public-private partnership by means of:
Terms Used In Nevada Revised Statutes 338.1588
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Personal property: All property that is not real property.
- 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. See Nevada Revised Statutes 338.010
- Statute: A law passed by a legislature.
(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.