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Are Nevada Local Agencies equipped to meet the administrative requirements of the AB144 “Nevada Jobs First” State and Local Hire Law?

The State of Nevada has passed the “Nevada Jobs First” Act, a new local hire law, designed to help ensure   State workers are hired on State and Local public works projects.  This goal is to guarantee at least 50% of the workers are residents of the State of Nevada.   The law requires the tracking of this on all state and local public works-funded projects.  Contractors that qualify for this program will receive a 5 percent bidding preference for public works projects.

A contractor that qualifies must have:

  1. At least 50 % of the workers on the project must have a Nevada driver’s License or identification card
  2. All vehicles used on the public work will be registered in Nevada, or registered and partially apportioned in Nevada (as applicable
  3. At least 50 % of the Design Professionals have State of Nevada driver’s licenses or identification cards
  4. At least 25 % of the Suppliers of materials used on the project is purchased from the State of Nevada
  5. Payroll Records are maintained and made available to the awarding body

Payroll record requirements by the awarding agency:

A.      Tracking the certified payroll for each contractor and each employee on the project weekly

B.      Tracking the driver’s license and State of issuance of each employee on the projects, and adding this information to the Certified Payroll Report that is submitted each week to the awarding agency

C.      Tracking and ensuring that at least  50% of effective workers on the project are State of Nevada residents

The legislation places the burden of compliance on both the contractor and the agency awarding the project.   The penalty is stiff for breaching any of these requirements.  The contractor is given a 10 percent liquidated damage penalty or the voiding of the contractor’s bid.  The contractor is prohibited of bidding again on a public work project for one year and limited from a preference certificate for five years.

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