JOB ORDER CONTRACTING METHOD.

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View NCGA Bill Details2017-2018 Session
Senate Bill 607 (Public) Filed Tuesday, April 4, 2017
AN ACT AUTHORIZING PUBLIC CONTRACTS TO UTILIZE THE JOB ORDER CONTRACTING METHOD OF CONSTRUCTION OR REPAIR CONTRACTS.
Intro. by Tucker.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 5 2017)

Bill History:

S 607

Bill Summaries:

  • Summary date: Apr 4 2017 - View Summary

    Contains whereas clauses.

    Amends GS 143-49 to authorize and direct the Secretary of Administration to establish procedures permitting State government, or any of its departments, institutions, or agencies, to join with any nonprofit organization in this state or another state, in addition to the currently listed governmental entities, in cooperative purchasing plans, projects arrangements, or agreements, including for construction or repair work through job order contracting. The procedures may not require a governmental entity to secure informal quotes or any other competition for construction or repair work through job order contracting if the initial contract was competitively bid.

    Amends GS 143-128 to authorize public bodies to award contracts to erect, construct, alter, or repair buildings pursuant to new GS 143-128.1D.

    Enacts new GS 143-128.1D (Job order contracting contracts). Defines twelve terms as they are used in the statute, including job order contract (competitively bid, fixed priced, indefinite quantity procurement contract, as compiled from a unit price catalog of construction or repair tasks awarded to the most qualified job order contractor bidder by or under the authority of a governmental entity). Directs governmental entities to award job order contracts as follows: (1) the governmental entity shall prepare a set of solicitation documents, including a unit price catalog and preestablished unit prices, contract specifications, and any other necessary information. (2) The governmental entity shall provide a guaranteed minimum amount of construction or repair work of at least $30,000 to be awarded under the contract. (3) A job order contractor must bid one or more adjustment factors to the unit prices listed in the catalog based on the job order contract technical specifications. (4) The governmental entity shall award the job order contract to the lowest responsive, responsible bidder. (5) The governmental entity may award multiple job order contracts through a single request for bid, as specified. Authorizes governmental entities to establish a procedure to prequalify job order contractors, at minimum requiring the contractor to provide seven listed types of information. A single job order contract must not exceed $20 million in the first term of the contract, and if extended or renewed, a maximum of $40 million over the subsequent two terms of the contract. Initial job order contract terms may not exceed 12 months, with the option of extending or renewing for two 12-month periods. Authorizes the governmental entity to issue job orders to the job order contractor, based on a project scope of work prepared by the governmental entity as well as a proposal from the contractor. Price limits shall be adjusted on January 1, 2018, and annually thereafter, to reflect the percentage change in the North Carolina Consumer Price Index. Requires contractors to provide a payment and performance bond to the governmental entity for job orders. Requires governmental entities to make a good-faith effort to comply with GS 143-128.2 and GS 143-128.4 concerning minority and historically under utilized businesses.

    Amends GS 143-129(e)(3), (e)(9), (e)(9a), (g), and (g)(3) to provide that the purchases currently exempt from GS Chapter 143, Article 8 (public contracts), described in those subsections include construction or repair work, including construction or repair work through job order contracting pursuant to GS 143-128.1D, and purchases of apparatus, supplies, materials, or equipment.