§ 20386. — 20386. (Added by Stats. 2023, Ch. 87, Sec. 1.)

California § 20386.

• Jurisdiction: California
• Code PCC: Public Contract Code - PCC
• Div. 2.: DIVISION 2. GENERAL PROVISIONS
• Part 3.: PART 3. CONTRACTING BY LOCAL AGENCIES
• Ch. 1.: CHAPTER 1. Local Agency Public Construction Act
• Art. 24.5.: ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority

Text

(a)
(1)
The authority may use the procurement method outlined in this article for job order contracts.
(2)
The authority shall not contract for work that is protected by applicable collective bargaining agreements. All job order contracts shall comply with all authority collective bargaining agreements.
(3)
Job order contracts of the authority 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 the project labor agreement between the authority and the Los Angeles/Orange Counties Building and Construction Trades Council, or an amendment or extension of that
agreement.
(b)
Solicitations for job order contracts shall progress as follows:
(1)
The authority 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 authority deems necessary to adequately describe the authority’s needs.
(2)
An architect, engineer, consultant, or contractor retained by the authority 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 authority may award multiple job order contracts in response to a single job order contract solicitation.
(c)
The authority shall develop a system for evaluating job order contract bids for award of job order contracts.
(d)
The award of a job order contract shall progress as follows:
(1)
The authority shall prepare a request for bids for job order contracts based on the documents prepared under paragraph (1) of subdivision (b) that invites job order contractors to submit sealed bids in the manner prescribed by the authority.
(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 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 authority determines to be qualified and responsive based upon preestablished criteria to be determined by the authority.
(5)
The job order contractors shall comply with the authority’s project labor agreement, as applicable.
(6)
Notwithstanding paragraph
(4), the authority, by a process determined by the authority, 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 authority’s small business enterprise certification process or any similar certification process acceptable to the authority, or to a job order contractor that is also a disabled veterans business enterprise, as certified by the Department of General Services.

Legislative History

Added by Stats. 2023, Ch. 87, Sec. 1. (AB 499) Effective January 1, 2024. Repealed as of January 1, 2029, pursuant to Section 20389.