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AB 43

Revises provisions relating to public works. (BDR 28-465)

2025 Regular Session

Creates a permanent job order contracting program for minor, existing-public-work projects in Clark County metro area, with oversight, workforce targets, and quarterly reporting.

Approved by the Governor. Chapter 221.
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Bill Summary · AB 43

AB 43 — Summary (Chapter 221, 2025)

Revises provisions relating to public works; establishes a permanent program governing use of job order contracts and data collection. Approved by the Governor in 2025.

Purpose / Intent

  • Make permanent a program (previously a four‑year pilot under SB 67, 2021) to gather data on and regulate the use of job order contracting for certain public works.
  • Provide an alternative contracting delivery method intended to improve efficiency and timeliness for relatively small, routine, or recurring work on existing public facilities.

Scope / Who is affected

Applies only to public bodies that are:
- A county with population ≥ 700,000 (currently Clark County);
- A city within such a county with population ≥ 150,000 (currently Henderson, Las Vegas, North Las Vegas); or
- Certain general improvement districts in such a county (per NRS 318.140).

Contractors, subcontractors, suppliers, and the affected local public bodies in those jurisdictions are principally affected.

Key provisions

  • Establishes a permanent program requiring each covered public body to gather and report data on job order contracts.
  • Authorizes job order contracts only for minor construction performed on an existing public work (clarifies not for new construction).
  • Job order contract characteristics:
    • Must be for a fixed period but allow indefinite times of delivery and indefinite types/quantities of work.
    • Must provide for issuance of job orders (defined as an order for a definite scope at a fixed price under the contract).
    • Must not be used for work exclusive to a single specialty-trade license.
    • Proposals for each job order must include total price, each construction task, unit prices, and applicable adjustment factors.
  • Contractor qualifications, solicitation and selection:
    • Public bodies must advertise RFPs or similar solicitations and publish required contents.
    • A selection panel ranks proposals; contracts may be awarded to one or more applicants.
    • Documents submitted in response to solicitations are confidential until notice of intent to award.
  • Contractor responsibilities and limits:
    • Must submit lists of intended subcontractors before issuing a job order.
    • Contractor may not self‑perform more than 50% of the estimated cost of a work order (i.e., limit on using own forces).
    • Workforce standard: at least 25% of workers performing work under a job order must be enrolled in or graduates of an apprenticeship program (public body may waive in certain circumstances).
  • Reporting and transparency:
    • Quarterly reports to the governing body must include: job orders issued, costs, subcontractors used, business‑ownership status (minority/woman/veteran/disabled/local emerging small business), upcoming job orders expected next quarter, and other requested info.
    • Governing body must annually submit to the Director of the Legislative Counsel Bureau a written report summarizing the prior calendar year’s information.
  • Public process: the written policy for assignment of job orders must be adopted following a public hearing before the governing body.
  • The bill also caps the total dollar amount of job order contracts that a public body may award annually (cap noted in statute; specific amount not reproduced here).

Procedural / Timeline notes

  • AB 43 moved through committee amendments and multiple reprints; Senate amendments reduced certain thresholds (e.g., apprenticeship percentage adjusted in amendments).
  • Became law in 2025 (chaptered), replacing/continuing the prior SB 67 pilot (which expired June 30, 2025).

Practical impact

  • Creates a standardized, permanent framework for using job order contracts in large urban jurisdictions in Clark County, intended to speed procurement for small-scale or recurring maintenance and minor construction on existing public assets while adding oversight, reporting, and workforce standards.

Compiled from official sources — confirm details with the bill’s official record.

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