Section 408.670 - Authority of Department in processing, reviewing and evaluating proposalsIn processing, reviewing and evaluating solicited and unsolicited proposals pursuant to the provisions of NAC 408.650 to 408.698, inclusive, the Department may:
1. Issue a request for qualifications or a request for proposals.2. Request or obtain additional information concerning any proposer, any person who submits a qualification submittal, any qualification submittal or any proposal from any source.3. Modify or cancel any request for qualifications or request for proposals at any time.4. Modify the scope of the proposed project drawn from an unsolicited proposal in order to issue a request for qualifications or a request for proposals or for any other purpose that is, as determined by the Department, in the best interest of the Department or of the public. The Department may use proprietary information or intellectual property contained in an unsolicited proposal as part of a request for proposals or request for qualifications and may award a contract based on that request for proposals or request for qualifications to a proposer other than the proposer who submitted the unsolicited proposal.5. Waive any minor deficiencies in a qualification submittal or in a proposal.6. Allow a person who submits a qualification submittal or a proposal to correct minor deficiencies in or clarify or supplement the qualification submittal or proposal.7. Issue a new request for qualifications or a new request for proposals at any time.8. Reject any qualification submittal or any proposal at any time.9. Determine the elements, timing and depth of any processing, review or evaluation of any qualification submittal or proposal.10. Terminate the processing, review or evaluation of any qualification submittal or any proposal, whether solicited or unsolicited, at any time.11. Issue a request for qualifications for a project drawn from an unsolicited proposal if the unsolicited proposal is rejected or evaluation of the unsolicited proposal is terminated.12. Suspend or terminate negotiations with any proposer at any time before the execution of an agreement of the parties.13. Negotiate with a proposer without being bound to any provision in his or her proposal.14. Negotiate with a proposer to include aspects of unsuccessful proposals for that project in the successful proposal and subsequent agreement or contract.15. Negotiate with a subsequent proposer if negotiations with the apparent successful proposer are unsuccessful or if financial close with the apparent successful proposer does not occur, if applicable.16. Issue a request for best and final offers.17. Retain or return any portion of the fees required to be paid by a proposer pursuant to NAC 408.678.Nev. Admin. Code § 408.670
Added to NAC by Dep't of Transportation by R172-09, eff. 4-20-2010NRS 408.100, 408.215, 408.548