Cal. PUC § 103399.5 — California Code / Code puc / Division 10 / Part 15 / Chapter 5 / Article 13 / Section 103399.5
Section 103399.5
Status: in_force

(a) (1) Notwithstanding Article 19 (commencing with Section 20330) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code, the district may use the procurement method outlined in this article for a job order contract.

(2) The district shall not contract for work that is protected by applicable collective bargaining agreements. All job order contracts shall comply with all district collective bargaining agreements.

(3) Job order contracts of the district shall be competitively bid and awarded to bidders providing qualified responsive bids.

(4) Job order contracts shall be for repair, remodeling, or other repetitive work to be done according to unit prices. No annual contracts may be awarded for any new construction.

(5) A job order contract shall be subject to a project labor agreement between the district and the San Mateo Building Trades Council, or an amendment or extension to that agreement.

(b) Solicitations for job order contracts shall progress as follows:

(1) The district shall prepare a set of solicitation documents for job order contracts. The documents shall include a unit price catalog or other established unit prices, job order contract terms, job order contract technical specifications, and any other information the district deems necessary to adequately describe the district’s needs.

(2) An architect, engineer, consultant, or contractor retained by the district 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.

(3) The district may award multiple job order contracts in response to a single job order contract solicitation.

(c) The district shall develop a system for evaluating job order contract bids for awarding job order contracts.

(d) The award of a job order contract shall progress as follows:

(1) The district shall prepare a request for bids for job order contracts based on the solicitation documents prepared under paragraph (1) of subdivision (b) that invites job order contractors to submit sealed bids in the manner prescribed by the district.

(2) 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’s technical specifications.

(3) Each bidding job order contractor shall agree to identify any subcontractors to be used for the job orders performed pursuant to the job order contract.

(4) The award of job order contracts, if any, shall be made to a job order contractor or to job order contractors that the district determines to be qualified and responsive based upon preestablished criteria to be determined by the district.

(5) The job order contractors shall comply with the district’s project labor agreement, as applicable.

(6) Notwithstanding paragraph (4), the district, by a process determined by the district, may award any job order for repair or renovation work with a value equal to or less than two hundred fifty thousand dollars ($250,000) to a job order contractor that is also a certified small business enterprise, as established by the district’s small business enterprise certification process or any similar certification process acceptable to the district, or to a job order contractor that is also a disabled veterans business enterprise, as certified by the Department of General Services.