(a)
Notwithstanding any other law, the department may use an alternative procurement procedure for public works contracts, as defined in Section 1101, as provided in this article.
(b)
The availability of job order contracting as a public works delivery method shall not preclude the use of other public works delivery methods.
(c)
The department may solicit for job order contractors by region, by specific scopes of work, or both.
(d)
Solicitations for job order contractors shall progress as follows:
(1)
The department shall prepare a set of documents
for job order contracts. The documents shall include a unit price catalog, job order contract terms, job order contract technical specifications, and any other information deemed necessary by the department.
(2)
The department shall prepare a request for bids based on the documents prepared under paragraph (1) that invites job order contractors to submit sealed bids in a manner prescribed by the department.
(3)
Each bidding job order contractor shall include in its bid one or more adjustment factors to the established unit prices provided in the request for bids based on the contract technical specifications.
(4)
The department may award multiple job order contracts in response to a single job order contract solicitation as determined by the lowest combined adjustment factors as outlined in the invitation for
bids.
(e)
Any architect, engineer, consultant, or contractor retained by the department to assist in the development of the job order contract solicitation documents shall not be eligible to bid or to participate in the preparation of a job order contract bid related to that solicitation.
(f)
Each job order executed under a job order contract shall provide an itemized list of each unit description required to complete the work with the unit’s associated unit price and the applied contractor’s adjustment factor.
(g)
Job order contracts may be executed for an initial contract term of no more than 24 months.
(h)
The maximum total dollar amount that may be awarded under a single job order contract shall not exceed ten million dollars ($10,000,000) in the
first term of the job order contract. The department may issue up to four one-year extensions to each job order contract, up to an additional five million dollars ($5,000,000) per year.
(i)
No single job order may exceed one million dollars ($1,000,000), not including change orders necessary to complete the scope of the original project.
(j)
The maximum amounts specified for job order contract value and job order value shall be adjusted each January 1 to reflect the percentage change in the annual California Construction Index as used by the department. The amount shall be rounded off to the nearest one-thousand-dollar figure.
(k)
The authority granted to the department by this article shall not be deemed to waive any provision of the Labor Code that would otherwise apply, including, but not limited to, prevailing
wage rates determined by the Director of Industrial Relations.
(l)
It is unlawful to split or separate job orders for the purpose of evading the cost limitation provisions of this section.
(m)
(1)
A contractor shall not be awarded a job order contract unless the contractor provides an enforceable commitment to the director that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work for each job order that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1.
(2)
This subdivision shall not apply if any of the following requirements are met:
(A)
The department has entered into
a project labor agreement that will bind all contractors and subcontractors performing work on each job order to use a skilled and trained workforce, and the contractor agrees to be bound by that project labor agreement.
(B)
The job order is being performed under the extension or renewal of a project labor agreement that was entered into by the department before January 1, 2024.
(C)
The contractor has entered into a project labor agreement that will bind the contractor and all its subcontractors at every tier performing work for each job order to use a skilled and trained workforce.
(3)
For purposes of this subdivision, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500.
(n)
(1)
A
job order contract shall set forth in the general conditions of the job order contract the party or parties responsible for seeing that the provisions of Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code are complied with.
(2)
For purposes of job order contracting, prevailing wages when required to be paid shall apply to all work ordered under the job order contract regardless of thresholds set forth in Section 1771.5 of the Labor Code.
(3)
The job order contractor shall pay the prevailing wage in effect at the time the job order is issued by the department and all increases as published by the Department of Industrial Relations for the term of the job order contract, including all overtime, holiday, and shift provisions published by the Department of Industrial Relations.
(o)
It is the intent of this legislation to streamline the delivery of public works. It is not the intent of the Legislature for job order contracting to displace work presently performed by state employees, nor to expand the types of public works performed by contractors.
