Nevada Code § 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 or procurement procedures; expenditure of money; sale, lease, grant, transfer or conveyance of facility or property or interest therein to public body
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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.

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