v2026-08-25

BUSINESS CENTER SOUTH

THE NEVADA SYSTEM OF HIGHER EDUCATION (“NSHE”), ON BEHALF OF THE UNIVERSITY OF

NEVADA, LAS VEGAS (“UNLV”)

INVITATION FOR BID NO. 5589-HE

TONOPAH ELEVATOR MODERNIZATION PROJECT (“IFB”)

NEVADA STATE LABOR COMMISSION PWP NUMBER: 2027-034

RELEASE DATE: Tuesday, September 22, 2026

MANDATORY SITE WALK: Tuesday, September 29, 9:00 AM PST Tonopah Residence Complex 4505 S. Maryland Pkwy Las Vegas, NV 89154

LAST DAY FOR QUESTIONS: Wednesday, October 7, 2026, 3:00 PM PST

LAST DAY FOR ADDENDA: Wednesday, October 14, 2026

OPENING DATE, TIME and LOCATION: Wednesday, October 21, 2026, 2:00 PM PST Bids opened electronically in the NGEM System

PUBLISHED Las Vegas Review-Journal Tuesday, September 22, 2026

PLEASE NOTE: FOR PUBLIC WORKS PROJECTS, A BIDDER MUST BE QUALIFIED AS A BIDDER WITH

THE STATE PUBLIC WORKS DIVISION OF THE DEPARTMENT OF ADMINISTRATION FOR THE COST

CATEGORY REQUIRED FOR THE PROJECT. PLEASE REFER TO http://publicworks.nv.gov/Bids/Bids/.

A MANDATORY Site Visit will be held on Tuesday, September 29, 2026 at 9:00AM PST. Proposers should meet at the following location: Tonopah Residence Hall: (https://www.unlv.edu/maps/ton) (See Site Visit Map on the attachments tab in NGEM). All Proposers must sign in and stay for the entire mandatory site visit in order to qualify to propose on this project. Late arrivals may not be accommodated. An additional site visit may be held at the discretion of UNLV. Meet representatives from UNLV to sign-in for the Mandatory Site Visit.

Bids, subject to the terms, conditions and specifications herein stipulated and/or attached hereto, will be electronically opened as stated above. All Bids must be received on or before this date and time to be considered.

Bids must be submitted through the NGEM, Nevada Government eMarketplace at www.ngemnv.com.

Any questions or requests for additional information must be submitted through the Questions tab in NGEM. All correspondence should note the IFB number in the subject line. The Designated Contact for this solicitation is:

Henry Enriquez, Purchasing Analyst henry.enriquez@unlv.edu

(702) 895-5902

This Project has been estimated to cost approximately $972,320.00

TABLE OF CONTENTS PAGE

SECTION A: General Provisions 3

SECTION B: Bid Preparation and Submission Instructions 5

SECTION C: General Terms and Conditions 13

SECTION D: Scope of Work/Specifications/Designs 19

SECTION E: Sample Certificate of Insurance 25

SECTION F: Sample 100% Payment Bond 27

SECTION G: Sample 100% Performance Bond 28

Attachment 1:Pricing Response Form 29

Attachment 2:Bid Response Form 33

Attachment 3:List of Subcontractors/Tier 2 Suppliers 34

Attachment 4:List of Subcontractors 5% and above 36

Attachment 5:List of Subcontractors 1% and above 37

Attachment 6:Affidavit Pertaining to Preference Eligibility 39

Attachment 7:Project Work Force Checklist 41

Attachment 8:Request For Waiver/Confirmation Not Required Form 42

Attachment 9:Availability Request Form Attached PDF

EXHIBIT A: Form Contract Attached PDF

EXHIBIT B: Drawings and Requirements Attached PDF

(2026-08-10_UNLV ELEVATOR MODERNIZATION – COMBINED SPECS, 20260729_UNLV Tonopah Residence North Elev Mod_Mech SS, 20260729_UNLV Tonopah Residence North Elev Mod_Plum SS, 2026-08-10_UNLV ELEVATOR MODERNIZATION – ARCH SET, 20260811_UNLV Tonopah Residence North Elev Mod_Elec SS).

EXHIBIT C: Site Walk Map Attached PDF

SECTION A

GENERAL PROVISIONS

UNLV invites you to submit a Bid on the material and/or services specified within this IFB. Please read carefully all instructions, general terms and conditions, scope of work and/or specifications, Pricing Response Form, Bid Response Form, sample insurance if applicable, and Form Contract, if applicable. Failure to comply with the instructions, terms and conditions, scope of work and/or specifications of the IFB may result in your Bid being declared non-responsive.

UNLV is located in the city of Las Vegas and is emerging as a premier urban university. UNLV currently has over 220 undergraduate, masters, and doctoral degree granting programs and serves approximately 30,000 students. Additionally, there are approximately 4,000 faculty and staff. The University’s 340-acre campus is located in the southeast part of the city, near the Harry Reid International Airport and the Las Vegas Strip.

1. DEFINITIONS

a. “Addendum” means a written document issued by UNLV Purchasing prior to the Opening Date in order to clarify or otherwise modify the Bid Documents.

b. “Apprenticeship Utilization Act” means the Apprenticeship Utilization Act which was passed by Senate Bill 207 (2019 Nev. State., Ch. 527, §1.7) and codified at Nev. Rev. Stat. §338.01165, which has been amended by Senate Bill 82 (2023 Nev. State).

c. “Apprenticeship Utilization Act Forms” means the Project Workforce Checklist, the Request for Waiver/Confirmation Not Required Form and all applicable supporting documentation which includes when applicable, the Advisory Opinion dated 11/27/19 from the Office of the Labor Commissioner, completed Availability Request Form for all available Programs, written denial from all Programs and/or certification of no response from all Programs following five (5) business days.

d. “Bidder” means a party submitting a bid in response to this Invitation for Bid.

e. “Bid Documents” means the Invitation for Bid, exhibits thereto, Bid Forms, and each Addendum.

f. “Bid Form(s)” means the Pricing Response Form, the Bid Response Form, the List of

Subcontractors 5% and above; List of Subcontractors 1% and above; the Project Workforce Checklist; the Apprenticeship Utilization Act Forms; the Certificate of Eligibility (if claiming a Local Preference); the Affidavit Pertaining to Preference Eligibility (if claiming a Local Preference) the List of Subcontractors/Tier 2 Suppliers (if applicable).

g. “Company” means the legal entity of the applicable Proposer, whether a sole proprietorship, corporation, limited liability company, partnership, or other legal entity, and any person(s) acting on behalf of such entity.

h. “Contract” means the final agreement with the Contractor, inclusive of all documents incorporated by reference therein.

i. “Contractor” means the Successful Bidder who enters a Contract with UNLV and is issued a Purchase Order.

j. “Designated Contact” means the person indicated on page 1 of this IFB, the Director, or a person designated by either, as applicable.

k. “Director” means the University of Nevada, Las Vegas Executive Director of Purchasing and Contracts.

l. “IFB” means this Invitation for Bid.

m. “NGEM System” refers to Owner’s electronic bidding system, the Nevada Governmental eMarketplace. This is a web-based system that provides Bid Documents electronically to potential Bidders and forms the pathway for interested Bidders to submit bids electronically in response to advertisement and invitation. The term “electronic bid” means the Bidders’ electronic response submitted on the electronic Bid proposal to the Owner by way of the NGEM System. The term “electronic bid” also describes the process to submit an authorized bid electronically to Owner in response to an Invitation for Bid via the NGEM System.

n. “Opening Date” means the date and time of opening as set forth on page 1 of this document.

o. “Owner” or “UNLV” means the Board of Regents of the Nevada System of Higher Education (“NSHE”), on behalf of the University of Nevada, Las Vegas (“UNLV”).

p. “Program” means an apprenticeship program recognized by the State Apprenticeship Council for the particular craft or type of work.

q. “Protestor” means a Bidder filing a protest in compliance with the IFB requirements.

r. “Purchase Order” means a purchase order or purchase order modification issued by Owner.

s. “Release Date” means the date of issuance of a Bid Document.

t. Successful Bidder: Bidder who is the lowest responsive, responsible and/or best bidder, to whom UNLV has authorized the award of the Contract.

u. “Supplier” means a Company that registers in the NGEM System.

v. “Terms of Use” means the NGEM System terms and conditions of access and use.

w. “UNLV Purchasing” means the UNLV Department of Purchasing and Contracts.

2. ACCESS AND USE OF THE NGEM SYSTEM.

a. The NGEM System may be accessed from www.ngemnv.com. Prior to accessing the NGEM System, a potential Bidder MUST register as a Supplier by clicking on the Supplier Registration link and completing the registration form. There is no cost to register or to use the NGEM System.

b. Use of the NGEM System is conditioned upon Bidder’s acceptance of the Terms of Use.

c. Once registered, Suppliers will receive emails notifying of Solicitation opportunities. Downloading any project bid data will automatically place the Supplier’s contact information on the solicitation list and the NGEM System will automatically send any and all updates, changes or addenda associated with that project.

d. Questions regarding use of the NGEM System should be directed to the Designated Contact.

SECTION B

BID PREPARATION AND SUBMISSION INSTRUCTIONS

1. SUBMISSION

a. Bidders must use the NGEM System for the purpose of submitting bids and must complete all required fields. Please refer to Section A, subsection 2 for details regarding access and use of the NGEM System.

b. An electronic bid can only be submitted through the NGEM System. The Bid Documents can be printed for Bidder’s use, but an electronic bid MUST be submitted through the NGEM System.

Follow the directions and requirements available online. In the event of a discrepancy between the information entered directly into the NGEM System and a document uploaded into the NGEM System, the information entered directly shall prevail.

c. Bids must be submitted electronically no later than the Opening Date. Bids may not be submitted after the submission deadline, and the server clock will govern. Bids will be electronically opened immediately after the Opening Date at the location specified above. Bidders are solely responsible for the timely delivery of bids.

2. GENERAL

a. Bidders are expected to examine all Bid Documents. Failure to do so will be at the Bidder’s risk.

Each Bidder by submitting a bid represents that: (i) Bidder has read and understands the Bid Documents and asserts that its bid is made in accordance therewith and shall be considered a firm offer for a period of one hundred twenty (120) calendar days following the opening of bids; (ii) Bidder has visited the project site and is familiar with the local conditions under which the work is to be performed; (iii) prior to submission of the Bid, the Bidder shall ascertain that it has received all Addenda issued and shall acknowledge receipt of each Addendum by completing the acknowledgment space provided on the applicable Bid Form; (iv) Bidder can comply with the Apprenticeship Utilization Act and has submitted the Apprenticeship Utilization Act Forms and (v) Bidder shall comply with all applicable provisions of the Nevada Revised Statutes Chapter 338 and Nevada Administrative Code Chapter 338 whether said provisions are explicitly stated or incorporated by this reference.

b. If it becomes necessary to revise any part of this IFB, an Addendum will be posted on www.ngemnv.com and available for all Bidders to download. UNLV is not bound by any oral representations, clarifications, or changes made in the written specifications by UNLV employees, unless such clarification or change is provided to Bidders in an Addendum.

c. Prices shall be submitted as requested in this IFB. When units are identified, the price for each unit Bid shall be shown. All prices shall include packing unless otherwise specified. A total shall be entered in the amount column for each item bid. In case of error in extension of price, the unit price will prevail.

d. Bids must be accompanied by a bid bond, certified check, or cashier’s check in the amount of five percent (5%) of the bid amount (“Bid Security”). A copy of the Bid Security shall be uploaded on NGEM System. If requested, the original Bid Security should be delivered to the front desk of UNLV Purchasing, Campus Services Building, Room 119, Las Vegas, Nevada 89154-1033 by 5:00 p.m.

the next business day following the Opening Date.

e. When not otherwise specified, Bidder must definitively state the time of proposed delivery. Days must be calculated in consecutive calendar days.

f. Alterations, modifications or variations may not be considered unless authorized by this IFB document or by an Addendum.

g. All equipment or supplies shall be new, and of the manufacturer’s current model unless specified herein.

h. Bidders shall take no advantage of any apparent error or omission in the Bid Documents. In the event the Bidders discover such an error or omission, lack of clarity, or other irregularity, they shall immediately notify UNLV Purchasing. UNLV Purchasing will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the Bid Documents through the issuance of an Addendum.

i. Altering any Bid Document may render the bid null and void.

j. All bidders, by signing the Bid Response Form, certify that they agree to the terms and conditions set forth in the Bid Documents unless otherwise stated. Please note that an award is not final until a Purchase Order is issued.

k. UNLV accepts no responsibility or liability for any costs incurred by a Bidder or other person in preparing and/or submitting a response to this solicitation.

l. UNLV reserves the right to reject any and all bids in whole or in part, and to waive minor irregularities and omissions, whereby the best interests of the Nevada System of Higher Education would be served.

m. Bidder should submit the Apprenticeship Utilization Act Forms for the Contractor in NGEM no later than the Opening Date. By 5:00 pm on the next business day following the Opening Date, the apparent three (3) lowest Bidders should email to the Designated Contact a completed Project Workforce Checklist (Attachment 7) for each subcontractor. Within ten (10) calendar days of the Opening Date, the Successful Bidder should submit the Request For Waiver/Confirmation Not Required Form (Attachment 8) and all supporting documentation for all subcontractors to the Designated Contact. An Availability Request Form (Attachment 9) is attached for Bidders’ convenience.

3. NO CONTACT. Bidders should direct any questions regarding the IFB to the Designated Contact.

Bidders shall not contact other UNLV employees, representatives or independent contractors regarding this IFB. Any such contact may result in rejection of the Bid.

4. BRAND NAME (OR EQUAL) TO ESTABLISH STANDARD

a. Unless stated otherwise within this IFB, wherever in the Bid Documents any item required to be furnished is mentioned by a brand name or a manufacturer's name is given, it is intended to establish a standard of quality or type of material desired and not to restrict the use of other materials which are of equal quality or type. Bidders who do not specify a different manufacturer or number will be required to furnish items exactly as specified.

b. If the specifications of each item you are bidding are the same as those stated in the IFB, write in "AS SPECIFIED" where it states "STATE MANUFACTURER". If the specifications of the item you are bidding are similar to or equal to but not identical, list the name of the manufacturer and the item's model or stock number. IF A SUBSTITUTE ITEM IS BID, COMPLETE SPECIFICATIONS

OF THE SUBSTITUTE ITEM MUST BE SUBMITTED PRIOR TO THE LAST DAY FOR

QUESTIONS. THIS IS NECESSARY IN ORDER TO HAVE YOUR SUBSTITUTE ITEM

CONSIDERED. UNLV TAKES NO RESPONSIBILITY IN EVALUATING YOUR SUBSTITUTE ITEM

IF THE SPECIFICATIONS ARE NOT INCLUDED.

c. UNLV alone shall determine if a substitute item is equal to what was requested and the decision will be final.

d. UNLV reserves the right to consider Bids not in exact accordance with the specifications.

5. PREVAILING WAGE. Pursuant to NRS, any contract for construction work for which the estimated cost exceeds one hundred thousand dollars ($100,000) shall be subject to the provisions of the Prevailing Wage Act, including but not limited to payment of prevailing wages, regardless of whether the construction work qualifies as a "public work" as defined by NRS. If the Project identified in this IFB is part of a phased project, the entire cost of the phased project shall be used to determine whether prevailing wage applies.

a. General. In accordance with NRS, Contractor agrees that if the Contract Sum at any time equals or exceeds one hundred thousand dollars ($100,000), the Project is subject to the prevailing wage requirements under Nevada Law and the requirements of this Section 5. If one (1) or more Change Order(s) causes the Contract Amount to exceed one hundred thousand dollars ($100,000), the Contractor and each Subcontractor shall be obligated to pay prevailing wages retroactive to the commencement of Work on the Project. Contractor agrees to comply with the Prevailing Wage Act and all other provisions of NRS that are applicable to the Project.

b. Rates. Contractor shall ensure that all employees on the Project are paid, at minimum, the prevailing wages established by the State Labor Commissioner. Prevailing Wages Rates for Clark County must be used. See PWP Website at www.laborcommissioner.com. Click on Public Works/Prevailing Wages by County, and then click on Clark to view or print the Prevailing Wage rates for this Project.

c. Contractual Provisions. Contractor shall include the substance of the prevailing wages requirement of this Section as contractual language in all contracts and lower tier subcontracts. In addition, all solicitations and contracts shall contain the applicable prevailing wage rates.

d. Records. Contractor shall keep accurate records showing the name, occupation and actual per diem wages paid to each employee used in connection with construction of the improvements.

Such records shall be open to inspection and reproduction by the Owner during normal business hours. Contractor will send one (1) copy of each wage report to Owner’s Project Manager.

Contractor shall, and shall ensure that each Subcontractor does, timely submit to NSHE the reports required under NRS §338.070(6).

e. Subcontractors. Contractor shall report to the Labor Commissioner and the Owner the name and address of each subcontractor performing work on the project within ten (10) days after the subcontractor commences work on the project and the identifying (PWP) number for the public work.

f. Penalties. Contractor shall monitor and ensure compliance to the payment of prevailing wages and submission of reports. Failure to comply with the requirements shall result in the penalties set forth in NRS and the NAC.

(1)Contractor shall forfeit as a penalty to the Owner, amounts required by NRS §338.060, for each

Calendar Day or portion thereof that each worker employed on the Owner’s project is paid less than the designated rate for any work done under the contract by the Contractor or any Subcontractor under it.

(2)Contractor shall forfeit as a penalty to the Owner, amounts required by NRS §338.060, for each calendar day or portion thereof for each worker employed on the Owner’s project for which the Contractor or Subcontractor willfully included inaccurate or incomplete information in the monthly record required to be submitted to the public body pursuant to subsection 6 of NRS §338.060.

(3)Contractor shall forfeit as a penalty to the Owner, amounts required by NRS §338.060, for each calendar day or portion thereof that each worker employed on the Owner’s project is not reported to the public body awarding the contract by the contractor or any subcontractor engaged on the public work as required pursuant to subsection 6 of NRS §338.060.

g. Except as provided in Section 8 of NRS §338.060, if a violation of more than one (1) provision of subsections 1, 2, or 3 of NRS §338.060 involves the same worker, the Contractor shall forfeit the penalty set forth in each subsection that was violated.

h. Posting. Pursuant to NRS §338.20(1)(b), Contractor shall post the hourly and daily wages in a generally visible place to the workers.

6. BONDS. Upon Notice of Intent to Award, the Successful Bidder must obtain Performance and Payment bonds equivalent to the amount bid. Bonds may be in the format attached or may use AIA Formats.

Bonds must be submitted within five (5) days of receiving the Notice of Intent to Award letter. Required bonds and insurance must be furnished prior to the Contract being awarded and becoming binding.

7. INSURANCE. The Successful Bidder will be required to submit proof of insurance at the limits identified in the Contract which requirements can be found at http://rms.unlv.edu/insurance-and-claims/insurance/contracts/.

8. SPWD. For Public Works Projects, Bidder must be qualified as a bidder with the State Public Works Division of the Department of Administration for the cost category required for this Project. Bidders for this work must be qualified and properly licensed to perform the particular work pursuant to the provisions of the Nevada Revised Statutes Chapter 624. Failure to comply shall result in rejection of the bid. Nevada Contractor's License number and dollar limit must be indicated on the Bid Form page.

Should there be a protest regarding the applicability of the low Bidder’s contractor’s license to the scope of the project, it shall be the low Bidder’s responsibility to obtain an opinion from the State Contractor’s Board at its next meeting. Bidders are reminded that, per Nevada Revised Statutes, bidding on a contract for work in excess of its limits or beyond the scope of its license is grounds for disciplinary action by the State Contractors Board.

9. DOCUMENTATION REQUESTS. The Bidder(s) agree to furnish documentation as permitted by NRS §338.140(d) if requested by Owner.

10.CHAPTER 624. The Bidder(s), and the successful Contractor(s), and their Subcontractor/Independent Contractors, shall comply with all provisions of Nevada Revised Statutes, Chapter 624, during the bidding phase and Nevada Administrative Code, Chapter 624, through completion of the project.

11.SUBCONTRACTOR/INDEPENDENT CONTRACTOR

a. The Bidder shall be bound by and comply with the applicable provisions Nevada Revised Statutes

Chapter 338 pertaining to subcontractors.

b. Bidder shall submit the name of each Subcontractor which will be paid an amount exceeding five percent (5%) of the total base bid amount. Bidder must verify prior to submitting its bid that all subcontractors listed are properly licensed.

c. Bidder shall also submit a list containing:

(1)The name of each first-tier subcontractor who will provide labor or a portion of the work to the prime contractor for which the first-tier subcontractor will be paid an amount exceeding two hundred fifty thousand dollars ($250,000). If the contractor will employ a first tier subcontractor who will provide labor or a portion of the work to the prime contractor for which the first tier subcontractor will not be paid an amount exceeding two hundred fifty thousand dollars ($250,000), the name of each first tier subcontractor who will provide labor or a portion of the work to the prime contractor for which the first tier subcontractor will be paid one percent (1%) of the prime contractor’s total bid or fifty thousand dollars ($50,000), whichever is greater.

(2)A prime contractor shall include his or her name on the list. If the prime contractor will perform any work which is more than one percent (1%) of the prime contractor’s total bid and which is not being performed by a subcontractor, the prime contractor shall also include on the list:

(a)A description of the labor or portion of the work that the prime contractor will perform; or (b)A statement that the prime contractor will perform all work other than that being performed by a subcontractor listed.

d. If a Bidder does not submit the list(s) required above, the bid may be deemed not responsive. Any Bidder or subcontractor questioning licensing or utilization of any subcontractor(s) shall direct their inquiries to the Nevada State Contractors’ Board with a copy of all correspondence to the Owner.

e. Contractor shall not substitute any person for itself or a subcontractor who is named on the required list(s) without the written consent of UNLV.

f. If a Contractor substitutes a Subcontractor for any Subcontractor who is named in the Bid without the written consent of Owner; the Contractor shall forfeit, as a penalty to the Owner, an amount equal to one percent (1%) of the total amount of the contract.

g. If a Contractor indicated that he or she would perform a portion of work on the public work and, after the submission of the Bid, substitutes a Subcontractor to perform such work; the Contractor shall forfeit as a penalty to the Owner, the lesser of, and excluding any amount of the contract attributable to change orders the following:

(1)An amount equal to two and a half percent (2.5%) of the total amount of the contract; or (2)An amount equal to thirty-five percent (35%) of the estimate by the engineer of the cost of the work the contractor indicated that he or she would perform on the public work.

h. Contractor shall, and shall ensure each subcontractor shall, comply with the apprentice employment requirements contained in the Apprenticeship Utilization Act.

12.DISCLOSURE RESTRICTIONS

a. The contents of your bid or other information submitted to the UNLV are subject to public release, upon request, after the Contract award.

b. Bids are not to contain confidential/proprietary information. UNLV is subject to the Nevada Public Records Act. Pursuant to NRS 239.010, et seq., each and every document provided to NSHE is presumed to be a "public record" open to inspection and copying by any person. Bids must contain sufficient information to be evaluated without reference to any confidential or proprietary information. Any bid submitted that is marked "confidential" or "proprietary," or that contains materials so marked, may be returned to the Bidder and not be considered for award. If UNLV receives a public records request for documents provided by a Bidder, even if the records are marked “confidential,” UNLV will not notify or provide the Bidder with an opportunity to request redactions before producing the documents that are responsive to the request. UNLV is not liable for disclosure of Bidder’s documents or information provided to UNLV.

13.LATE BIDS

a. Formal, advertised IFB’s indicate the Opening Date by which the bids must be received through the

NGEM System. Bids received after that time will be rejected.

b. Bidder is responsible for ensuring sufficient time to complete an electronic submittal. UNLV is not responsible for internet or server failures.

14.PUBLIC OPENING OF BIDS

Bids will be opened electronically after the Opening Date. Bidders, their authorized agents and other interested parties are invited to review the results on NGEM Awards Tab. The total sum posted shall be subject to the provisions of determination of the lowest bid and/or best bid as outlined under the "Award of Contract" paragraph. Information posted is subject to verification. The Bid opening results will be posted to the UNLV website and through the NGEM system.

15.WITHDRAWAL OF BID

Any Bidder may withdraw their bid prior to the scheduled Opening Date through the NGEM system.

16.ACCEPTANCE PERIOD

The Bidder agrees to a minimum of one hundred (120) calendar day acceptance period from the date of public opening.

17.AWARD OF CONTRACT

a. Award shall be made to the lowest responsive and responsible bidder and/or best bidder after giving due consideration to price; bidder preference, if applicable; quality; availability; conformance to specifications, financial capability and service, including such things as life cycle cost, if applicable, all in the best interests of the requesting department and UNLV and in accordance with the applicable requirements of the Nevada Revised Statutes.

b. UNLV intends to award this as a complete turnkey project; partial bids may not be accepted unless determined to be in UNLV’s best interest. UNLV reserves the right to award by item, groups of items, or all items, or to reject any and all bids in whole or in part, and to waive minor irregularities and omissions, whereby the best interests of UNLV would be served. UNLV reserves the right to request bid clarifications, including requesting a schedule of values.

c. A formal contract will be signed by the Successful Bidder and UNLV.

d. The terms and conditions contained in Exhibit A, the Form Contract or, in the sole discretion of UNLV, terms and conditions substantially similar to those contained in the Form Contract, will constitute and govern any agreement that results from this IFB. If Bidder takes exception to any terms or conditions set forth herein, Bidder must submit a specific list of the exceptions as part of its response to this IFB. Bidder’s exceptions will be reviewed by UNLV and may result in disqualification of the bid as non-responsive to this IFB. If Bidder’s exceptions do not result in disqualification of the bid, then UNLV may consider bidder’s exceptions when UNLV evaluates the Bidder’s response.

e. If after the award the Successful Bidder fails to furnish the items as listed on the Purchase Order, that Bidder may be removed from UNLV’s bidder list for a period of one (1) year.

18.DISQUALIFICATION OF BIDDERS

Bidders may be disqualified and rejection of bids may be recommended by UNLV Purchasing for any of (but not limited to) the following causes:

a. Failure to use the Bid Form(s) furnished by UNLV.

b. Lack of signature by an authorized representative on applicable Bid Forms.

c. Failure to properly complete the bid or to comply with any applicable reporting requirements.

d. Evidence of collusion among Bidders.

e. Unauthorized alteration of the Bid Forms.

f. Failure to submit requested documents required in the Bid Documents.

g. Failure to furnish proof of receipt of any Addendum.

h. Defaulting on prior contracts or misrepresentation by any member of the Company.

i. Omission of Bid Security, in an acceptable form.

j. Reports of poor performance on previous contracts.

k. Bidder is not a qualified bidder pursuant to NRS §338.1379.

l. The quality of service, materials, equipment or labor offered does not conform to the approved plans or specifications.

m. Failure to comply with submission instructions

n. Any misrepresentation in the Bid Forms.

o. Contact regarding the solicitation with UNLV employees, representatives or independent contractors other than Designated Contacts.

p. Bidder is not responsive or responsible.

q. The public interest would be served by such a rejection.

r. UNLV reserves the right to waive any minor informality or irregularity.

19.PROTESTS

Any Bidder who is allegedly aggrieved in connection with the solicitation or award of a contract may protest. The protest must be submitted in writing to the Director, within five (5) business days after the date the recommendation (intent) to award a contract is issued by the Owner or authorized representative. If the protest is not resolved by mutual agreement, the Director will promptly issue a decision in writing to the Protester. If the Protester wishes to appeal the decision rendered by the Director, such appeal must be made in writing to UNLV Vice President, Business Affairs and Chief Financial Officer within five (5) business days from the date of the letter issued by the Director. The decision of UNLV Vice President, Business Affairs and Chief Financial Officer will be final. UNLV Vice President, Business Affairs and Chief Financial Officer need not consider protests unless this procedure is followed.

To be considered, all Protests must identify the following:

A) The name, address, and telephone number of the Protester, B) The signature of the Protester, C) Identification of the solicitation title and number being protested, D) A detailed written statement setting forth the specific reasons the Protester believes the applicable provisions of the law were violated. (copies of relevant documents should be included), and

E) The form of relief requested.

The Protester shall be required, at the time the protest is filed, to post a bond with a good and solvent surety authorized to do business in this state, or submit other security, defined as a cashier’s check, money order or certified check, to the Owner who shall hold the bond or other security until a determination is made on the protest. A bond posted, or other security submitted, with the protest must be in an amount equal to the lesser of:

A) Twenty five percent (25%) of the total value of the base bid submitted by the Bidder filing the protest; or

B) Two hundred fifty thousand dollars ($250,000).

The protest filed in accordance with these provisions operates as a stay of action in relation to the award of this Contract until a determination is made by UNLV on the protest.

An unsuccessful Bidder may not seek any type of judicial intervention until UNLV has made a determination on the protest and awarded the Contract.

Neither UNLV nor its authorized representatives are liable for any costs, expenses, attorney’s fees, loss of income or other damages sustained by a Bidder, whether or not the person files the protest pursuant to this clause.

If the protest is upheld, the bond posted, or other security submitted, with the protest must be returned to the Protester. If the protest is rejected a claim may be made against the bond, or other security submitted, by UNLV in an amount equal to the expenses incurred by UNLV because of the unsuccessful protest. Any money remaining after the claim has been satisfied must be returned to Protester.

SECTION C

GENERAL TERMS AND CONDITIONS

1. APPROPRIATIONS

The terms of any Contract are contingent upon sufficient appropriations and authorizations being made by UNLV for the performance of this Contract. If sufficient appropriations and authorizations are not made by UNLV, the Contract shall terminate, without penalty, upon written notice being given by UNLV to the Contractor. UNLV’s decision as to whether sufficient appropriations are available shall be accepted by Contractor and shall be final.

2. COMPLIANCE

Bidders are required to comply with all OSHA, EPA, ADA and other relevant state and federal standards, codes and regulations that may apply.

3. CONFIDENTIAL TREATMENT OF INFORMATION

Bidders shall preserve in strict confidence any information obtained, assembled or prepared in connection with the performance of this IFB. It is the Bidders responsibility for securing all required licenses, permits and insurance necessary for the proper execution and completion of the work involved.

4. CONFLICT OF INTEREST

Companies submitting a bid in response to this IFB are certifying that they have had no contact with an employee or member of the NSHE/UNLV in any manner which would give that Company submitting such a bid, any advantage over any other company or person submitting a bid. Employees and members of the NSHE/UNLV shall not receive any compensation, in any manner or form, nor have any vested interest, directly or indirectly, of any kind or nature inconsistent with loyal service to the public. A violation of any of the above shall be just cause for rejection of that particular bid without further consideration.

5. DEFAULT OF CONTRACT

In case of default of the selected Contractor, UNLV may procure the articles or services from the other sources and hold the Contractor responsible for any excess cost occasioned thereby; provided, that if public necessity requires the use of materials or supplies not conforming to the specifications they may be accepted and payment therefore shall be made at the proper reduction in price.

6. FAILURE TO FURNISH AT SPECIFIED PRICE

If a Successful Bidder fails to furnish any item at the price specified in the bid, whether such failure is due to a mistake of fact by the Bidder or any other reason, the Director may cause the name of such Bidder to be removed from the list containing the names of Suppliers to whom invitations for bid are mailed, for such period of time, not exceeding one (1) year or less than six (6) months, or the payment of a penalty of five percent (5%) of total bid price of all items on which bid was submitted, as the Director may determine.

7. MANUALS

In conjunction with performance of the Contract, Contractor will be required to furnish the following manuals, if applicable:

a. Parts Manual

b. As-Built Drawing on a CD in PDF Format and in CAD format

c. Installation Manual

d. Operating Manual/Instructions

e. Training Manual

f. Warranty documentation

8. WAGES.

Contractor should include in its Bid for incorporation into the Contract the hourly and daily rate of wages to be paid each of the classes of mechanics and workers employed on the project.

9. SMALL AND LOCAL BUSINESS CONCERNS REPORTING REQUIREMENTS

UNLV supports equal opportunity for minority owned, women-owned, and other small disadvantaged business enterprises (MWDBE) to compete for contracts awarded by UNLV. UNLV also supports efforts to encourage local businesses to compete for UNLV contracts. In addition, UNLV supports finding opportunities for such MWDBE and local business concerns to participate as subcontractors or Tier 2 suppliers in large contracts. A “tier 2 supplier” or subcontractor is a supplier who is contracted for goods or services with the prime contractor, and may include, but is not limited to (MWDBE) and local business enterprises.

a. In compliance with NSHE policy, a Bidder responding to any IFB for the purchase of goods or services that is anticipated to exceed One Million Dollars ($1,000,000) at any time during the life of the Contract shall provide the following reporting information in its Bid:

i. Bidder’s historical and anticipated commitment to Tier 2 MWDBE and local business enterprises. At a minimum, Bidder must provide historical information for the most recently completed fiscal year (July 1 through June 30) and their anticipated commitment to the current fiscal year in which this IFB is issued.

ii. A listing of Tier 2 suppliers, including local and MWDBE suppliers, that will be given the opportunity to be considered and/or utilized as subcontractors for any work performed as a result of this IFB. The listing must include the following information:

1. The name, city and state.

2. Type of Tier 2 status (local, women owned, minority/and or disadvantaged).

3. Any certification of such status including the entity granting the certification if applicable.

iii. This is a reporting requirement and will not be used for evaluating any Bid. However, failure to provide a complete Bid in response to this IFB could result in rejection of the submittal as incomplete.

b. Any award from this IFB that results in a Contract for goods or services that is anticipated to exceed One Million Dollars ($1,000,000) at any time during the life of the Contract will require the Bidder to provide, at a minimum, annual reports listing expenditures with MWDBE and Local Subcontractors. These reports pertain only to expenditures that are directly attributable to the UNLV prime Contract. The report shall contain the following information:

● The name, city and state; type of Tier 2 status (local, women owned, minority/and or disadvantaged); and any certification of such status including the entity granting the certification if applicable. If a business concern meets more than one definition (e.g. local and women-owned, or minority and women owned), that should be identified

● A description of the goods or services purchased

● The amount of expenditures with the subcontractor attributed to the prime Contract for the most recent completed fiscal year (July 1 through June 30)

● The reporting information must be available to UNLV by September 15

c. Definitions.

i. Definition of Local Business Enterprise. "Local Business Enterprise" is intended to mean a business concern that is a) owned fifty-one percent (51%) or more by Nevada residents, b) is headquartered in Nevada, or c) a majority of employees of the business are Nevada residents.

ii. Definition of Disadvantaged Business Enterprise (DBE). "Disadvantaged Business Enterprise" is intended to mean a business concern owned by a minority or woman that is at least fifty-one percent (51%) unconditionally owned by one or more minority or women individuals who are both socially and economically disadvantaged, or a publicly owned business that has at least fifty-one percent (51%) of its stock unconditionally owned by one or more such individuals and that has its management and daily business controlled by one or more such individuals. Individuals who certify that they are a member of named groups, i.e. African Americans, Hispanic Americans, American Indians and Alaska Natives (Eskimos and Aleuts) and Asian and Pacific Island Americans are to be considered socially and economically disadvantaged.

iii. Definition of Minority Business Enterprise (MBE). "Minority Business Enterprise" is intended to mean a business concern owned by one or more minority individuals that is at least fifty-one percent (51%) unconditionally owned by one or more minority individuals, or a publicly owned business that has at least fifty-one percent (51%) of its stock unconditionally owned by one or more such individuals and that has its management and daily business controlled by one or more such individuals. Individuals who certify that they are a member of named groups, i.e. African Americans, Hispanic Americans, American Indians and Alaska Natives (Eskimos and Aleuts) and Asian and Pacific Island Americans are to be considered socially and economically disadvantaged.

iv. Definition of Women-Owned Business Enterprise (WBE). "Women-Owned Business Enterprise" is intended to mean a business concern owned by one or more women that is at least fifty-one percent (51%) unconditionally owned by one or more women, or a publicly owned business that has at least fifty-one percent (51%) of its stock unconditionally owned by one or more such individuals and that has its management and daily business controlled by one or more such individuals.

v. Definition of Disabled Veteran Business Enterprise (DVBE). "Disabled Veteran Business Enterprise" is intended to mean a business concern of which at least fifty-one percent (51%) of the ownership interest is held by one or more veterans with service-connected disabilities; that is organized to engage in commercial transactions; and that is managed and operated on a day-to-day basis by one or more veterans with service-connected disabilities. This includes a business which meets the above requirements that is transferred to the spouse of a veteran with a service-connected disability upon the death of the veteran, as determined by the United States Department of Veterans Affairs.

vi. Definition of Small Business Enterprise (SBE). "Small Business Enterprise" is intended to mean a business concern which performs a commercially useful function, is not owned and controlled by individuals designated as minority, women, veterans, or physically-challenged, and where gross annual sales does not exceed Two Million Dollars ($2,000,000).

d. A Contractor with other contracts with UNLV should report in accordance with the above requirements if the aggregate annual spend of UNLV exceeds One Million Dollars ($1,000,000).

e. All Bidders, by signing the Bid Forms, certify that they are an Equal Opportunity/Affirmative Action Employer, unless otherwise stated.

10.SUSTAINABILITY

a. A key focus of UNLV is to minimize the impact the procurement of goods and services has on the local environment. UNLV is committed to sustainable economic, social, and environmental practices in all operations which UNLV is involved. It is important that Bidders share this commitment as well. Therefore, sustainable goods and services should be offered whenever available and specifically when required in the bidding documents.

b. UNLV may request the successful Bidder to provide reports related to sustainability on all goods and services provided in response to this IFB. Reports may include, but are not limited to:

sustainable attributes of each product or service, the dollar and percentage amount spent on sustainable or environmentally preferred products and services, and the total amount spent by

UNLV.

c. All electronic equipment UNLV purchases must be Energy Star rated (or, if there is no Energy

Star rating for the desired equipment, energy efficient models or substitutes are preferred). The requirement to purchase Energy Star rated equipment will improve UNLV’s energy and financial performance while distinguishing our institution as an environmental leader.

11.EQUAL EMPLOYMENT OPPORTUNITY

a. UNLV is an Equal Opportunity/Affirmative Action educator and employer committed to achieving excellence through diversity. All qualified applicants will receive consideration for employment without regard to, among other things, race, color, religion, sex, age, creed, national origin, ethnicity, religion, gender, marital status, pregnancy, political affiliation, veteran status, physical or mental disability, sexual orientation, genetic information, gender identity, gender expression, or any other factor protected by anti-discrimination laws. UNLV employs only United States citizens and individuals lawfully authorized to work in the United States. Women, under-represented groups, individuals with disabilities, and veterans are encouraged to apply.

b. In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant because of race, creed, color, national origin, sex, sexual orientation, gender identity or expression, or age, including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination , rates of pay or other forms of compensation, and selection for training, including, without limitation, apprenticeship.

c. The contractor further agrees to insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials.

12.CLOSE-OUT DOCUMENTATION

As a part of the required contract close-out documentation, the Contractor shall submit a Summary Report of Material Suppliers and Subcontractors listing the name of the subcontractor, Bid item or work performed, the Business Enterprise Group (BEG), Ethnicity Status, and Value of the contracts.

13.FEDERAL, STATE, LOCAL LAWS

a. Each contractor, subcontractor and other person who provides labor, equipment, materials, supplies or services for the public work shall comply with the requirements of all applicable state and local laws, including, without limitation, any applicable licensing requirements and requirements for the payment of sales and use taxes on equipment, materials and supplies provided for the public work.

b. Bidder certifies that it is not suspended, debarred or ineligible from entering into contracts with the Executive Branch of the Federal Government, or in receipt of a notice of proposed debarment from any State agency or local public body.

14.PREFERENTIAL EMPLOYMENT

All contractors shall comply with the applicable preferential employment provisions of NRS §338.130 for public works contracts. This law requires that, when the qualifications of applicants are equal, that preference be given: First, to honorably discharged soldiers, sailors, and marines of the United States who are citizens of the State of Nevada; second, to other citizens of the State of Nevada. If the provisions of NRS §338.130 are not complied with by the Contractor, a contract for a public work is void, and any failure or refusal to comply with any of the provisions of NRS §338.130 renders such contract void.

15.PREFERENCE IN BIDDING

a. Local Preference. For public works projects for which the estimated cost exceeds two hundred fifty thousand dollars ($250,000), the Owner may award the Contract to the Bidder who submits the best Bid as defined by NRS §338.1389 and, in doing so will consider the Bidder’s eligibility for a bidding preference. Eligibility for the preference will be established if the Bidder, at the time of Bid: 1) submits a valid “Certificate of Eligibility” from the State Contractor’s Board; and 2) submits the “Affidavit Pertaining to Preference Eligibility” form (the “Affidavit”), attached hereto as Attachment No. 6, within two (2) hours after the Opening Date.

i. If the Successful Bidder is awarded the Contract as a result of receiving this preference, and fails to comply with any of the requirements certified in the Affidavit, such failure shall be a material breach of the Contract and entitle the Owner to liquidated damages in the amount of one percent (1%) of the Contract Price.

ii. A Bidder who believes that the Successful Bidder that obtained a preference in bidding has failed to comply with a requirement certified in the Affidavit may file, prior to substantial completion, a written objection with the Owner that sets forth proof or substantiating evidence to support the belief of the person or entity that the Contractor has failed to comply. The objection will be handled in accordance with the requirements of NRS §338.0117.

iii. The provisions of the Affidavit are deemed incorporated into the Contract. Any failure to comply with the provisions of the Affidavit entitles UNLV to a penalty in accordance with

NRS §338.0117.

iv. If applicable, the awarded Contract shall include and Contractor shall include in each contract between Contractor and a subcontractor and shall require each subcontractor to include in each contract with a lower tier subcontractor the following provisions:

1. If a party to the contract causes the contractor, applicant or design build team to fail to comply with a requirement of paragraphs (a)-(d), inclusive, of subsection 1 of NRS §338.0117, the party is liable to the Owner for a penalty in the amount of…