BUSINESS
AND OPERATIONS: CONSTRUCTION USING [LAW]
JOB
ORDER CONTRACTS
The
following provisions apply only to a charter holder that has amended its
charter to adopt
1. Use of Job Order Contracts
The school
may award a contract for the minor construction, repair, rehabilitation, or
alteration of a facility if the work is of a recurring nature but the delivery
times are indefinite and indefinite quantities and orders are awarded
substantially on the basis of pre-described and pre-priced tasks using a job
order contract.
2. Notice of Bids and Selection
Criteria
A. Notice of the
time by when and place where the bids will be received and opened shall be
published in the county in which the school’s central administrative office is
located, once a week for at least two (2) weeks before the deadline for
receiving bids. If there is not a
newspaper in that county, the advertising shall be published in a newspaper in
the county nearest the county seat of the county in which the school’s central
administrative office is located. In a
two-step procurement process, the time and place where the second-step bids
will be received are not required to be published separately.
B. In the
published request for bids the school will identify the criteria that will be
used to evaluate the offerors and the relative weights given to the criteria.
3. Unit Prices Allowed
The school may establish contractual unit prices for a
job order contract by:
A. Specifying
one or more published construction unit price books, and the applicable
divisions or line items; or
B. Providing
a list of work items and requiring the offerors to bid or propose one or more
coefficients or multipliers to be applied to the price book or work items as
the price proposal.
4. Opening
of Proposals; Award
A. The school shall advertise for, receive,
and publicly open sealed proposals for job order contracts.
B. The school
may require offerors to submit additional information besides rates, including
experience, past performance, and proposed personnel and methodology.
C. The school
may award job order contracts to one or more job order contractors in
connection with each solicitation of bids or proposals.
Tex. Educ. Code § 44.041(c)-(e).
5. Orders
An order
for a job or project under the job order contract must be signed by the school’s
representative and the contractor. The
order may be a fixed price, lump-sum contract based substantially on
contractual unit pricing applied to estimated quantities or may be a unit price
order based on the quantities and line items delivered.
6. Bonds
The contractor shall provide payment and performance
bonds, if required by law, based on the amount or estimate amount of any order.
7. Contract
A. Base Term
The base term of a job order contract is for the period and
with any renewal option that the school sets forth in the request for
proposals. If the school fails to
advertise that term, the base term may not exceed two (2) years and is not
renewable without further advertisement and solicitation of proposals.
B. Contract Requiring Engineering or Architectural
Services
If a job order contract or an order
issued under the contract requires engineering or architectural services that
constitute the practice of engineering within the meaning of the Vernon’s Texas
Civil Statutes 3271a (Texas Engineering Practice Act) or the practice of
architecture within the meaning of Vernon’s Texas Civil Statutes Article 249a,
those services shall be provided in accordance with applicable law.
8. Making Evaluations Public
The school shall document the basis of its selection
and shall make the evaluations public not later than the seventh day after the
date the contract is awarded.