2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter T. Construction and Repair of Permanent Improvements › Section 51.784. Job Order Contracts for Facilities Construction or Repair

Sec. 51.784.  JOB ORDER CONTRACTS FOR FACILITIES CONSTRUCTION OR REPAIR.  (a)  An institution may award job order contracts 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 predescribed and prepriced tasks.
(b)  The institution may establish contractual unit prices for a job order contract by:
(1)  specifying one or more published construction unit price books and the applicable divisions or line items;  or
(2)  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.
(c)  The board shall advertise for, receive, and publicly open sealed proposals for job order contracts.
(d)  The board may require offerors to submit additional information besides rates, including experience, past performance, and proposed personnel and methodology.
(e)  The board may award job order contracts to one or more job order contractors in connection with each solicitation of bids or proposals.
(f)  An order for a job or project under the job order contract must be signed by the board'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.
(g)  The contractor shall provide payment and performance bonds, if required by law, based on the amount or estimated amount of any order.
(h)  The base term of a job order contract is for the period and with any renewal options that the institution sets forth in the request for proposals.  If the institution fails to advertise that term, the base term may not exceed two years and is not renewable without further advertisement and solicitation of proposals.
(i)  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 Chapter 1001, Occupations Code, or the practice of architecture within the meaning of Chapter 1051, Occupations Code, the board shall select or designate an architect or engineer to prepare the construction documents for the facility.  If the architect or engineer is not a full-time employee of the institution, the board shall select the architect or engineer on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code.
Added by Acts 1997, 75th Leg., ch. 1179, Sec. 3, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1225, Sec. 16, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.768, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1213 (H.B. 1886), Sec. 11, eff. September 1, 2007.