(Doc Name h:\legwork\house\amend\h-wm\002\h2 job order pilot.docx):
EXPLANATION: Establish a pilot project to issue job orders for construction, renovation or repair work.
Amend the bill, as and if amended, Part IB, Section 117, GENERAL
PROVISIONS, page 523, after line 8, by adding an appropriately
numbered paragraph to read:
/ (GP: Job Order
Contracting Pilot Program) Procurement Services of the State
Fiscal Accountability Authority may pilot test a job order
contracting method on behalf of one or more governmental bodies
or public procurement units by entering into job order contracts
to acquire construction services when the exact time or exact
quantities of future jobs are not known at the time of contract
award. Procurement Services shall determine, in its sole
discretion, which governmental bodies and public procurement
units may participate in the pilot project. Procurement
Services may enter into job order contracts with up to four
businesses for each geographic area for each licensing
classification and sub-classification for construction.
Licensing classification and sub-classification is defined by
Chapter 11 of Title 40 of the 1976 Code. Except as otherwise
provided in this provision, a job order contract must be
procured as provided for in the South Carolina Procurement Code.
All bidders shall be prequalified as provided for in Section
11-35-1520(11) and the State Engineer or his designee shall
supervise the prequalification process. Procedures and
requirements for the notification of intent to award the
contracts shall follow those provided in Section 11-35-1520(10).
For the current fiscal year, Section 11-35-3023 shall not apply
to contracts awarded pursuant to this provision.
For purposes of this
provision the term 'job order contract' means a contract that
provides for the issuance of job orders for the performance of
construction, renovation, and repair work, where contractors
propose an adjustment factor or factors to be applied to a
catalog of preset unit prices calculated using local prevailing
wage rates, local equipment and local material costs, and where
individual job orders are issued to the awarded contractors on
an as needed basis and the price paid for the work is a lump sum
of the preset unit prices needed to complete the job order
multiplied by the quantity required multiplied by the adjustment
factor.
For purpose of the pilot
project, a job order contract may not exceed five years,
including extensions. The sum of all individual job orders may
not exceed four million dollars per contract annually. Any
unused capacity from the prior year may be carried over for one
year and be added to the current year's limit. The maximum
annual volume including unused capacity shall not exceed the
limit of two years. A single project must not be performed
using job order contracts in combination with contracts awarded
pursuant to Section 11-35-1550.
A job order must clearly
specify all tasks to be performed or property to be delivered
under the order so the full price for the performance of the
work can be established when the order is placed. All job
orders must be issued on a fixed-price basis. All job orders
must be issued within the period of the contract and must be
within the scope and maximum value of the contract. An
individual project using job orders may not exceed five hundred
thousand dollars. Work may not be divided artificially in order
to avoid these limits. Each job order shall provide an itemized
list of each construction tasks required to complete the work
with the task's associated unit price and applied adjustment
factor. Each job order proposal shall be certified as contract
compliant by a reviewer independent of the contractor.
Any solicitation for a job
order contract must include the following:
(1)
the period of the contract, including the
number of options to extend the contract and the period for
which the contract may be extended under each option, if
any;
(2)
the maximum dollar value of the services to
be procured under the contract;
(3)
the maximum dollar value of the services to
be procured under a single job order;
(4)
a description that reasonably describes the
licensing classification and the general scope, nature,
complexity, and purposes of the services to be procured under
the contract in a manner that will enable a prospective bidder
to decide whether to submit a bid;
(5)
the procedures that the governmental body
will use for issuing job orders, which may be on a rotation or
some other method deemed appropriate by the governmental body
except that soliciting quotes for individual job orders shall be
prohibited;
(6)
if applicable, the geographic area to which
the job order contract applies. Ordinarily, a geographically
contiguous area should not be subdivided; and
(7)
the number of job order contracts to be
awarded.
Administrative review under
Article 17 is not available for the award of an individual job
order, except for a protest of the award of a job order on the
grounds that the order increases the scope, period, or maximum
value of the job order contract under which the order is
issued./
Renumber sections to conform.
Amend totals and titles to conform.