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Lawmakers press NDOT on contracting oversight after Uprise fiber project prompts litigation
Summary
Legislators pressed NDOT on board oversight, consent agenda practices and contract controls after the agency declined to discuss details of a disputed Uprise Fiber contract that is the subject of litigation.
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Lawmakers probed the Nevada Department of Transportation about contracting practices and board oversight after the committee heard that a previously approved fiber contract (Uprise) is the subject of litigation and related concerns.
NDOT Director Tracy Larkin said she could not discuss specifics of the disputed contract because it is under litigation, but described the agency’s typical practices for board briefings and consent agenda items. She said NDOT provides one‑on‑one briefings to board members before meetings, sends board packets roughly 10 days in advance and will pull items from consent when requested by board members.
Committee members asked whether board members — including the governor, lieutenant governor, controller and district representatives — have the ability to request additional information or to agendize items publicly. Larkin said board members routinely contact NDOT staff and receive briefings and that large projects receive additional presentations. NDOT staff also said board members have on occasion requested items be removed from consent and that the department attempts to accommodate requests for more information.
Lawmakers also asked general contracting process questions about advance payments, milestones and remedies when contractors fail to meet obligations. NDOT testified generally that large contracts include schedule milestones, inspectors monitor progress, liquidated damage provisions and contract retentions are typical; NDOT also noted it prequalifies contractors. On the disputed fiber contract NDOT declined to provide project‑specific answers citing pending litigation.
Why it matters: Several legislators pressed for transparency about NDOT oversight and how the agency alerts the board to significant contract problems. NDOT said it briefs board members, escalates significant issues and, where legal issues exist, would use closed attorney‑client sessions consistent with law.
What’s next: Committee members asked NDOT to provide additional materials about contracting practices and to be prepared to brief the board and the legislature on how NDOT manages major contracts, milestones and remittances when projects underperform or funds are advanced.

