Bid Notice.pdf

Bid # 27-0933

PWP# CL-2027-044

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

COLLEGE OF SOUTHERN NEVADA (“CSN”)

INVITATION FOR BID NO. 27-0933

CSN CHARLESTON BUILDING E CENTRAL PLANT IMPROVEMENT PROJECT

NEVADA STATE LABOR COMMISSION PWP NUMBER: CL-2027-044

PUBLISHED: Las Vegas Review-Journal

Wednesday, October 7, 2026

Bids are subject to the terms, conditions and specifications stipulated and/or attached hereto, will be publicly opened November 17, 2026, at 3:00 p.m. Pacific Time. All bids must be received on or before November 17, 2026, at 3:00 p.m. Pacific Time to be considered. Bids must be submitted through the NGEM, Nevada Gov e Marketplace (https://nevada.ionwave.net/Login.aspx).

The estimated cost for this project is $900,000.00 Mandatory Site Walk: October 21, 2026, at 10:00 a.m. Pacific Time Questions Due: October 28, 2026, by 5:00 p.m. Pacific Time Answers to Questions and Addendum Due: November 6, 2026, at 5:00 p.m. Pacific Time

Please submit any questions or requests for additional information through the NGEM question tab.

Responses to inquiries will be through the NGEM system. If you have any questions regarding the use of the NGEM system, contact me at the number or email listed below.

Annette Lord

Annette.lord@csn.edu 702-651-2970

Table of Contents

SECTION A - SUBMISSION INSTRUCTIONS

SECTION B - GENERAL TERMS AND CONDITIONS

BID ATTACHMENTS located at https://nevada.ionwave.net/Login.aspx

BID ATTACHMENT 1 - BID DOCUMENTS

BID ATTACHMENT 2 - DRAFT CONTRACT

BID ATTACHMENT 3 - SCOPE OF WORK

BID ATTACHMENT 4 - PLANS AND SPECIFICATIONS

BID ATTACHMENT 5 - SAMPLE CERTIFICATE OF INSURANCE

BID ATTACHMENT 6 - SAMPLE 100% PAYMENT BOND & PERFORMANCE BOND

BID ATTACHMENT 7 - SAMPLE CHANGE ORDER FORM

BID ATTACHMENT 8 – LIST OF SUBCONTRACTORS/TIER 2 SUPPLIERS

BID ATTACHMENT 9 – LIST OF SUBCONTRACTORS 5% AND ABOVE

BID ATTACHMENT 10 - LIST OF SUBCONTRACTORS 1% AND ABOVE

BID ATTACHMENT 11 - AFFIDAVIT PERTAINING TO PREFERENCE ELIGIBILITY

BID ATTACHMENT 12 - SCHEDULE OF VALUES

BID ATTACHMENT 13 - CHECKLIST OF REQUIRED BID SUBMITTALS

SECTION A - SUBMISSION INSTRUCTIONS

CSN invites you to submit a bid on the material and/or services specified within this Invitation for Bid. Please read carefully all instructions, general terms and conditions, purchase order terms and conditions, scope of work and/or specifications, sample insurance, and the contract. Failure to comply with the instructions, terms and conditions, scope of work and/or specifications, of the Invitation for Bid may result in your bid being declared non-responsive.

1. DEFINITIONS

a) Addendum: A written document issued by the Owner, via the Purchasing Department, prior to the submission of Bids which modifies or clarifies the Bid Documents by additions, deletions, clarifications, and/or corrections.

b) Agreement: The Agreement will be negotiated soon after the notification of the Successful

Bidder.

c) Authorized Representative: A person designated by the Governing Body to be responsible for the development and award of the Contract for the public work.

d) Bidder(s): A Prime Contractor who submits a Bid to the Owner for a project.

e) Bid Documents: Include but are not limited to, the Invitation for Bid, Instructions to Bidders, General Conditions, Special Conditions, Contract Requirements and Bid Forms/Attachments, Exhibits, Specifications/Special Provisions and Drawings, Pricing Response Form, and any Addenda issued prior to the date designated for receipt of Bids, as applicable.

f) Bid Form(s): The Bid Response Form pages, Bid security, and any attachments.

g) Contract: Contract documents include the Bid Documents, the Agreement, Contractor’s Bid Form, all Addenda, Contractor’s Bonds and Insurance, Subcontractor Notification letters and Notice of Award.

h) Contractor: The person or entity identified as such in the Contract and is referred to throughout the Contract documents as Contractor or successful Bidder. Contractor shall mean the Prime Contractor or its authorized representative as defined by Nevada Revised Statutes Chapter 338.

i) Owner or CSN: The term used throughout these documents will mean the Board of Regents of the Nevada System of Higher Education (“NSHE”), on behalf of the College of Southern Nevada

(“CSN”).

j) Subcontractor or Independent Contractor: Any individual, agent, firm, sole proprietor, or corporation to whom the Prime Contractor subcontracts any part of the project. There is no contractual relationship between the Owner and the above-mentioned Subcontractor who perform work or services for the Prime Contractor.

k) Successful Bidder: Bidder who is the lowest responsive, responsible and/or best bidder, to whom CSN or the authorized representative has authorized the award of the Contract.

2. BID PREPARATION AND SUBMISSION

a) Each Bidder by submitting their 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 120 calendar days following the opening of bids. The Bidder’s offer may expire at the end of the 120 calendar day’s period; (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 (iv) Bidder and the successful Contractor, and its Subcontractors/Independent Contractors, 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 Invitation to Bid, a written addendum will be posted on https://nevada.ionwave.net/Login.aspx and available for all bidders to download. CSN is not bound by any oral representations, clarifications, or changes made in the written specifications by CSN employees, unless such clarification or change is provided to bidders in written addendum form from the Purchasing Department.

c) Bids are to be submitted as requested in this IFB. Bidders shall submit the necessary documents or attachments as required in this document. All Stipulated Bid Attachments and the Bid Security, shall be included. Omission of, or failure by a Bidder to complete any portion of the required documents, may be cause to reject the Bid. If there are discrepancies between unit prices quoted and extensions, the unit price will prevail.

d) Bids must be accompanied by a bid bond in the amount of five percent (5%) of the bid amount (“Bid

Security”).

e) Alterations, modifications or variations may not be considered unless authorized by this document or by an addendum.

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

g) 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 or other irregularity, they shall immediately notify the Purchasing Department. The Purchasing Department 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.

h) Altering the invitation and bid form may render the bid null and void.

i) All bidders, certify that they agree to the terms and conditions set forth in this IFB and attached contract unless otherwise stated.

j) CSN accepts no responsibility or liability for any costs incurred by a Bidder prior to the execution of the contract.

k) CSN 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.

l) Pursuant to NRS, any contract for construction work for which the estimated cost exceeds $100,000 shall be subject to the provisions of NRS, including but not limited to payment of prevailing wages, regardless of whether the construction work qualifies as a "public work" as defined by NRS.

1. In accordance with NRS, Contractor agrees that the Project is subject to the prevailing wage requirements under Nevada Law. Please note that if a change order causes a contract to exceed $100,000, the Owner will audit the entire contract period. Contractor agrees to comply with the Prevailing Wage Act and all other provisions of NRS that are applicable to the Project. Contractor shall obtain a State of Nevada Public Works Number as required by the State Labor Commissioner. Contractor shall use the State Labor Commissioner’s prevailing rate for the locality in which the improvements are to be constructed for each craft or type of workman needed to construct the improvement. Subject to the provisions of applicable law, Contractor agrees not to pay less than the specified prevailing rate of wages to the contractor and its employees selected to construct the improvements. Contractor will 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. Contractor will monitor compliance to the payment of prevailing wages pursuant to Nevada Administrative Code §338. Contractor shall keep accurate records showing the name, occupation; actual per diem wages paid to each employee used in connection with construction of the improvements and other information as required by 338, 070. 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 CSN’s Project Coordinator no later than 15 days after the end of each calendar month. Any future modifications to the NRS or NAC with respect to prevailing wage requirements that are applicable to the Nevada System of Higher Education will be included in this section. The Public Works Number for this Project is listed on the top of each page. 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. Contractor shall report to the Labor Commissioner and the Owner the name and address of each subcontractor performing work on the project within 10 days after the subcontractor commences work on the project and the identifying (PWP) number for the public work.

2. Contractor shall forfeit as a penalty to the Owner, amounts specified in 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.

3. Contractor shall forfeit as a penalty to the Owner, amounts specified in 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 338.070.

4. Contractor shall forfeit as a penalty to the Owner, amounts specified in 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 338.070.

5. Contractor shall comply with the requirements of NRS 338.20 and post in a generally visible place to the workers, the Nevada Prevailing Wage Rates and all addenda established for the locality in which the improvements are to be constructed.

m) For Projects exceeding $100,000 and 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 any authorized form from the Bonding Agency. Bonds must be submitted within five days of receiving the Notice of Award. Required bonds and insurance must be furnished prior to the Contract being awarded and becoming binding.

n) The Successful Bidder will be required to submit proof of insurance at the limits identified in the

Contract.

o) 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 Bidder. Nevada Contractor's License number and dollar limit must be submitted with bid. 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.

p) The Bidder(s) agree to furnish documentation as permitted by NRS 338.140(d) if requested by

Owner.

q) 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.

r) Contractor shall comply and shall ensure each subcontractor complies with the apprentice employment requirements contained in the Apprenticeship Utilization Act as codified in Nevada Revised Statute 338.01165 and as amended by SB82.

For vertical construction, Contractor and each subcontractor who employs workers on one or more public works during a calendar year pursuant to NRS 338.040 shall use one or more apprentices for at least 10 percent or any increased percentage established by regulations by the Labor Commissioner of the total hours of labor worked for each apprenticed craft or type of work to be performed on those public works.

For horizontal construction, Contractor and each subcontractor who employs workers on one or more public works during a calendar year pursuant to NRS 338.040 shall use one or more apprentices for at least 3 percent or any increased percentage established by regulations by the Labor Commissioner of the total hours of labor worked for each apprenticed craft or type of work to be performed on those public works.

3. SUBCONTRACTOR/INDEPENDENT CONTRACTOR

a) The Bidder shall be bound by and comply with the applicable provisions Nevada Revised Statutes Chapter 338 pertaining to Subcontractors and shall provide within its Bid proposal, 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.

Within 2 hours after the completion of the opening of the bids, the contractors who submitted the three lowest bids must submit a list containing:

(1) The name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding $250,000.

(2) If any one of the contractors who submitted one of the three lowest bids will employ a first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will not be paid an amount exceeding $250,000, the name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid 1 percent of the prime contractor’s total bid or $50,000, whichever is greater.

a) The Bidder shall be bound by and comply with the applicable provisions Nevada Revised Statutes Chapter 338 pertaining to Subcontractors.

b) A prime contractor shall include his or her name on the list. If the prime contractor will perform any work which is more than 1 percent 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:

(1) A description of the labor or portion of the work that the prime contractor will perform; or

(2) A statement that the prime contractor will perform all work other than that being performed by a subcontractor listed.

c) If a Prime Contractor does not submit the list(s) required above, its Bid may be deemed not responsive as provided in the NRS 338.141. 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. The Owner will not conduct any investigations regarding the Bidders’ (Prime Contractor) relationships with Subcontractors.

d) Contractor shall not substitute any person for itself or a Subcontractor who is named on the required list(s) except as provided pursuant to NRS 338.141.

e) If a Contractor substitutes a Subcontractor for any Subcontractor who is named in the Bid without complying with the provisions of NRS 338.141; the Contractor shall forfeit, as a penalty to the Owner, an amount equal to one percent (1%) of the total amount of the contract.

f) If a Contractor indicated pursuant to NRS 338.141 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 2.5 percent of the total amount of the contract; or

(2) An amount equal to 35 percent of the estimate by the engineer of the cost of the work the contractor indicated pursuant to NRS 338.141 that he or she would perform on the public work.

4. ALTERNATE BRAND/SPECIFICATION REQUEST

a) Prior to proposing any substitute material, product, or service, Contractor shall satisfy itself that the material, product, or service proposed is, in fact, equal to that specified. Contractor may only request a substitution if a material or product will fit into the space allocated, affords comparable ease of operations, maintenance and service, that the appearance, and longevity is equal to or better than the material or product specified; or that the substitution of such material, product, or service by reason of cost savings, reduced construction time, or similar demonstrable benefit will be in Owner's interest.

b) The burden of proof of equality of a proposed substitution for a specified material, product, or service shall be upon Contractor. Contractor shall support its request with sufficient test data and other means to permit Owner to make a fair and equitable decision on the merits of the proposal. Contractor shall submit drawings, samples, data and certificates for proposed substitute materials. Any material, product, or service by a manufacturer other than those specified or of brand name or model number or of generic species other than those specified will be considered a substitution. Owner will be the sole judge of whether or not the substitution is equal in quality, utility and economy to that specified.

(1) Approval of a substitution shall not relieve the Contractor from responsibility for compliance with all requirements of the Contract. Contractor shall bear the expense for any changes in other parts of the work caused by any substitutions.

(2) Materials, products or service proposed as substitutions for specified items shall be supported by certification of their approval for use by any or all governmental agencies having jurisdiction over use of the specific material, product or service.

c) Substitutions will not be permitted in those instances where the product is intended to accommodate artistic design, specific function or economy of maintenance.

d) Any request for alternate equipment or specifications must be submitted, in writing, by the last day for questions listed on page one. Submissions of equals shall include manufacturer specifications, drawings, schematics, and other relevant details. Such requests will be evaluated and a determination made as to whether they meet the criteria for an approved as "equal". The determination will be provided by addenda. Absent of such submission, all bids received will be required to furnish items exactly as specified. Failure of a successful bidder to provide equipment or products as specified will be a basis for termination for default.

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

f) CSN reserves the right to consider Bids not in exact accordance with the specifications.

5. DISCLOSURE RESTRICTIONS

a) Responses are not to contain Confidential/Proprietary Information. CSN/NSHE is subject to the Nevada Public Records Law, Nevada Revised Statutes, Chapter 239. Pursuant to NRS 239.010, et seq., each and every document provided to CSN/NSHE is presumed to be a "public record" open to inspection and copying by any person. Responses must contain sufficient information to be evaluated without reference to any confidential or proprietary information. Any Response 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.

CSN/NSHE shall not be Liable for Disclosure of Bidder's Documents or Information. CSN/NSHE shall not in any way be liable to Bidder for the disclosure of any information contained in Bidder's response to the IFB. Furthermore, Bidder represents and warrants that any document or information it provides to CSN/NSHE does not contain proprietary or confidential information owned or controlled by a third-party. If CSN/NSHE is required to defend an action with regard to information or documents provided by Bidder that is alleged to contain confidential or proprietary information owned or controlled by a third-party, Bidder shall defend and indemnify CSN/NSHE, its officers, employees and agents from any against any and all such claims, demands, losses, damages, costs and expenses, including attorney's fees and costs.

6. LATE BIDS

All bids shall be submitted in NGEM by the date and time listed in the IFB.

7. PUBLIC OPENING OF BIDS

Bids will be opened in the NGEM system on the published date and time listed in the bid document.

Prospective Bidders, their authorized agents and other interested parties are invited to be present via TEAMS. To attend the opening of bids you must email the purchasing representative listed on page one and Purchasing2@csn.edu within 24 hours of bid due date to receive the link to the bid opening.

Provide email addresses for all who wish to attend the virtual opening. The total sum read shall be subject to the provisions of determination of the lowest Bid as outlined under the "Award of Contract" paragraph. Information read is subject to verification.

6. WITHDRAWAL OF BID

Any prospective bidder may request withdrawal of a posted, sealed bid prior to the scheduled bid opening time provided the request for withdrawal is submitted to the Purchasing Department in writing, or presents themselves in person with proper identification to the Purchasing Department and verbally requests the bid be withdrawn and signs for its receipt.

SECTION B - GENERAL TERMS AND CONDITIONS

1. ACCEPTANCE PERIOD

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

2. APPROPRIATIONS

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

3. 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 CSN and in accordance with the applicable requirements of the Nevada Revised Statutes.

b) CSN intends to award this as a complete turnkey project; partial bids may not be accepted unless determined to be in CSN’s best interest. CSN 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 CSN would be served.

c) A formal Contact will be signed by and between the Successful Bidder and CSN to perform this service. If Bidder takes exception to the attached draft Contract (including the insurance requirements), or any general terms or conditions set forth herein, Bidder will submit a specific list of the exceptions as part of its response to this IFB. Bidder’s exceptions will be reviewed by CSN and may result in disqualification of Bidder’s offer as non-responsive to this IFB.

d) If after the award the bidder fails to furnish the items as listed on the purchase order, that bidder may be removed from our bidder list for a period of one year.

4. COMPLIANCE

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

5. CONFIDENTIAL TREATMENT OF INFORMATION

Bidders shall preserve in strict confidence any information obtained, assembled or prepared in connection with the performance of this bid.

6. CONFLICT OF INTEREST

Persons or firms submitting an offer on this Invitation are certifying that they have had no contact with an employee or member of the NSHE in any manner which would give that company or person submitting such an offer, any advantage over any other company or person submitting an offer. Employees and members of the NSHE 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 offer without further consideration.

7. DEFAULT OF CONTRACT

In case of default of the contractor, the CSN 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.

8. DISQUALIFICATION OF BIDDERS

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

a) Failure to properly complete the bid.

b) Evidence of collusion among bidders.

c) Unauthorized alteration of bid form.

d) Failure to submit requested documents required in bid terms, conditions and specifications.

e) Failure to furnish proof of receipt of any addendum pertaining to that particular bid project.

f) Any bidder who has defaulted on prior contracts or is guilty of misrepresentation by any member of that particular firm.

g) Omission of Bid Security, in an acceptable form.

h) Reports of poor performance on previous contracts.

i) Bidder is not a qualified bidder pursuant to NRS 338.1379.

j) Bidder is not responsive or responsible.

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

l) The public interest would be served by such a rejection.

m) CSN reserves the right to waive any minor informality or irregularity.

9. FREIGHT TERMS

All bids involving transportation of materials must include transportation charges. Freight charges cannot be accepted as an estimated cost item. Transfer of Title for goods will be the FOB destination, as stated.

Any bid submitted with FOB point other than as stated, or freight charges listed as a separate or estimated item, may be cause for disqualification of the bid.

10. INSPECTION AND ACCEPTANCE

Inspection and acceptance will be made at destination.

11. MANUALS

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

Parts Manual As Built Drawing on a CD in PDF Format Installation Manual Operating Manual/Instructions Training Manual Warranty documentation

12. PAYMENT TERMS; RELEASE OF RETENTION; WAGE DISCLOSURE; CHANGE ORDERS

a) Payments shall be made within thirty days of acceptance of the related invoice, unless otherwise stated. Should the acceptance of such invoices be in doubt, the successful bidder shall not be due any interest or penalty on any unpaid amounts. Interest on outstanding amounts shall be payable only as required by Nevada Revised Statutes Chapter 338.

b) Ninety-five percent (95%) of the amount of any progress payment must be paid and five percent (5%) withheld as retainage until 50 percent of the work required by the Contract has been performed.

After 50 percent of the work required by the Contract has been performed, Owner may pay to the Contractor in accordance with the requirements of NRS 338.515: (i) any of the remaining progress payments without withholding additional retainage; and (ii) any amount of any retainage that was withheld from progress payments pursuant to this paragraph, if in the opinion of Owner, satisfactory progress is being made in work. Further retention shall comply with the requirements of NRS Chapter 338.

Contractor must 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.

The Contractor shall comply with all provisions and conditions which are required by the Contract for change order(s). A copy of the form of Change Order is attached hereto. No extra work, additions, alterations, including changes in price will be paid by Owner unless agreed to and performed pursuant to and in accordance with a written and properly authorized change order.

13. 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 of Purchasing, within five (5) business days after the date the recommendation to award a contract is issued by the Owner or authorized representative. If the protest is not resolved by mutual agreement, the Director of Purchasing will promptly issue a decision in writing to the Protestant. If the Protestant wishes to appeal the decision rendered by the Director of Purchasing, such appeal must be made in writing to the Vice President for Finance, CSN, within five (5) business days from the date of the letter issued by the Director of Purchasing. The decision of the Vice President for Finance will be final. The Vice President for Finance need not consider protests unless this procedure is followed.

To be considered, all Protests must identify the following:

1) The name, address, and telephone number of the protester,

2) The signature of the protester,

3) Identification of the solicitation title and number being protested,

4) A detailed written statement setting forth the specific reasons the Bidder submitting the protest believes the applicable provisions of the law were violated. (copies of relevant documents should be included), and

5) The form of relief requested.

The Bidder filing the protest 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. 25% of the total value of the base bid submitted by the Bidder filing the protest; or B. $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 CSN on the protest.

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

Neither CSN nor the authorized representative is 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 Bidder who submitted the protest. If the protest is rejected a claim may be made against the bond or other security by CSN in an amount equal to the expenses incurred by CSN because of the unsuccessful protest. Any money remaining after the claim has been satisfied must be returned to the Bidder who posted the bond or submitted the security.

14. SMALL AND LOCAL BUSINESS CONCERNS REPORTING REQUIREMENTS

CSN supports equal opportunity for minority owned, women-owned, and other small disadvantaged business enterprises (MWDBE) to compete for contracts awarded by CSN. CSN also supports efforts to encourage local businesses to compete for CSN contracts. In addition, CSN 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/RFP for the purchase of goods or services that is anticipated to exceed $1,000,000 at any time during the life of the contract shall provide the following reporting information in its response:

(1) 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.

(2) 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:

The name, city and state Type of Tier 2 status (local, women owned, minority/and or disadvantaged) Any certification of such status including the entity granting the certification if applicable

(3) This is a reporting requirement and will not be used for evaluating any response. 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

$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 CSN 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 CSN by September 15

c) Definitions

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

(2) 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.

(3) 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.

(4) 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.

(5) Definition of Disabled Veteran Business Enterprise (DVBE). "Disabled Veteran Business

Enterprise" is intended to mean a business concern of which at least 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.

(6) 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 $2,000,000.

d) All Bidders, by signing this IFB Response Form, certify that they are an Equal Opportunity/Affirmative

Action Employer, unless otherwise stated.

15. SUSTAINABILITY

a) A key focus of the CSN is to minimize the impact the procurement of goods and services has on the local environment. CSN is committed to sustainable economic, social, and environmental practices in all operations which the CSN 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) The CSN may request the successful bidder to provide reports related to sustainability on all goods and services provided under this bid. 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 CSN.

c) All electronic equipment the CSN 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 the CSN’s energy and financial performance while distinguishing our institution as an environmental leader.

16. TAXES, LICENSES AND PERMITS

a) It is the Contractor’s responsibility for securing all required licenses, permits and insurance necessary for the proper execution and completion of the work involved. Contractor shall pay all taxes, levies, duties and assessments of every nature, which may be applicable to any Work under this Contract.

The Contract Sum and any agreed variations thereof shall include all taxes imposed by law.

Contractor shall make any and all payroll deductions required by law. Contractor herein indemnifies and holds Owner harmless from any liability on account of any and all such taxes, levies, duties, assessments and deductions.

b) Companies conducting business for profit in Nevada are required to have a current Nevada business license pursuant to NRS 76.100 (1) unless the entity is either a) a non-profit corporation or b) meets the requirements for an exemption and has filed the appropriate notice of exemption with the Nevada Secretary of State. The bidder must certify that it has a current Nevada business license, or it is exempt and agrees to provide immediate notice to CSN's Purchasing department in the event the license is no longer valid. For contracts in excess of $25,000, a business license number and information demonstrating good standing with the State of Nevada is required.

c) At the time of submitting the Bid, Bidders must have a current State of Nevada Contractor's license relevant to the work. For subcontracted work, the subcontractor must have the applicable specialty license.

17. EQUAL EMPLOYMENT OPPORTUNITY

CSN 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. CSN 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.

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.

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

18. CLOSE-OUT DOCUMENTATION

As a part of the required contract close-out documentation, 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 Information, Ethnicity Status, and Value of the contracts.

19. FEDERAL, STATE, LOCAL LAWS.

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.

Bidder must certify 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.

20. PREFERENTIAL EMPLOYMENT. All contractors shall comply with the 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, this contract is void, and any failure or refusal to comply with any of the provisions of NRS 338.130 renders this contract void.

21. PREFERENCE IN BIDDING

a) The Owner shall 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, attached hereto as Attachment No. 3, within 2 hours after the completion of the opening of the Bid by the Owner, included as part of the Bid Documents and hereafter incorporated into the Contract.

b) If the Contractor submitted, within 2 hours after the completion of the opening of the Bid, a signed and notarized “Affidavit Pertaining to Preference Eligibility” form, and fails to comply with any of the requirements certified in the Affidavit, such failure is a material breach of the Contract and entitles the Owner to liquidated damages in the amount of one percent (1%) of the Contract Price.

c) A person who submitted a Bid who believes that the Contractor that obtained a preference bidding by submitting within 2 hours after the completion of the opening of the bids a signed and notarized Affidavit has failed to comply with a requirement certified in the Affidavit, may file a “written objection” in accordance with the provisions of NRS Chapter 338.0117 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 338.0117.

d) The provisions of the Affidavit are deemed incorporated into the Contract. Any failure to comply with the provisions of the Affidavit entitles CSN to a penalty in accordance with NRS 338.0117.

e) 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:

(i) 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 1 percent pf the cost of the largest contract to which he or she is a party;

(ii) The right to recover the amount determined pursuant to paragraph (a) by the public body pursuant to subsection 5 may be enforced by the public body directly against the party that caused the failure to comply with a requirement of paragraphs (a)-(d), inclusive, of subsection 1; and

(iii) No other party to the contract is liable to the public body for a penalty.

22. DISPUTES. Claims, disputes, or other matters in controversy arising out of or related to the Contract shall be subject to mediation as a condition precedent to initiation of judicial action. If a demand for mediation is made and the party receiving the demand fails to file for mediation within thirty (30) days, then both parties waive their rights to mediate. Any applicable statutes of limitation or repose, and any time limits imposed by this Section 22, shall be tolled from the time notice of any claim is given, until 30 days after mediation is concluded or waived in writing. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

23. GENERAL. Contractor and each Subcontractor must comply with the applicable requirements of Nevada

Revised Statutes Chapter 338. To the extent a provision of this Contract is prohibited by the NRS it is hereby deemed modified to the extent necessary to comply with the provisions of NRS. To the extent a provision of the NRS is required to be inserted into this Contract it is deemed inserted.

24. NSHE PURCHASE ORDER TERMS AND CONDITIONS

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