§ 38:2225.6 — Job order contracting; postsecondary education institution

Louisiana § 38:2225.6

• Jurisdiction: Louisiana
• Title 38: Public Contracts, Works and Improvements

Text

§2225.6. Job order contracting; postsecondary education institution
A. This Section establishes an alternative project delivery method for job order
contracts created specifically for improvements addressing deferred maintenance of public
facilities by a postsecondary education institution when the work is of a recurring nature but
the delivery times, type, and quantities of work required are indefinite.
B. For purposes of this Section, the following terms shall have the following
meanings ascribed to them:
(1) "Evaluation committee" shall mean a group formed to assess the qualifications
of potential contractors or professionals who may be hired for construction work on campus
projects. The role of the committee is to evaluate and select the most qualified candidates
based on specific criteria.
(2) "Project" shall mean improvements addressing deferred maintenance of public
facilities, including the complete renovation of buildings with significant deferred
maintenance needs; utility infrastructure; drainage, street, sidewalk, and site infrastructure;
the demolition of public facilities; and any other improvements to address deferred
maintenance needs. The term "project" does not include new buildings or building additions,
other than minor additions required for code compliance or improved access to a public
facility.
(3) "Public facility" or "public facilities" shall mean buildings, equipment, utilities,
site components, roads and streets, and other permanent property or immovable property
under the supervision and control of the board overseeing the postsecondary education
institution.
C. A postsecondary education institution may award job order contracts for deferred
maintenance projects to a public facility if the work is of a recurring nature, but the delivery
times are indefinite and the indefinite quantities and orders are awarded substantially on the
basis of pre-described and pre-priced tasks.
D. The postsecondary education institution shall establish the maximum aggregate
contract price when it advertises the request for qualifications pursuant to this Section. The
institution may establish contractual unit prices for a job order contract through one of the
following methods:
(1) Specifying one or more published construction unit price books and the
applicable divisions or line items.
(2) Providing a list of work items and requiring the bidders to propose one or more
adjustment factors or multipliers to be applied to the price book or pre-priced as the price
proposal.
E. Before awarding any job order contract, the Louisiana Board of Regents shall
establish procedures for the development of plans, specifications, qualifications, and other
matters pertaining to the procedures for advertising, reviewing, and selecting job order
contractors.
F. At minimum, the following provisions shall apply to firms and contractors
providing or performing construction work under job order contracts:
(1) All engineering and surveying firms shall be licensed to perform services by the
Louisiana Professional Engineering and Land Surveying Board.
(2) All architectural firms shall be licensed to perform services by the Louisiana
State Board of Architectural Examiners.
(3) All contractors shall be licensed by the Louisiana State Licensing Board for
Contractors.
G. To ensure compliance with the established standards, all competitors shall follow
the qualification procedures set forth in this Subsection:
(1) A selection process utilizing a request for qualifications procedure including a
public announcement procedure for solicitation of interested job order contract competitors
and a procedure for requesting a statement of qualifications from qualified firms or terms
through electronic announcement and communications.
(2) The postsecondary education institution shall provide a request for qualifications
package to all job order contract competitors who submit a letter of interest. All required
information shall be identified in the request for qualifications package and in the standard
response forms. The response to a request for qualifications package shall include a
statement of qualifications that outlines credentials and experience in areas of expertise
specific to the project.
(3) The completed response form, along with any other required information, shall
be submitted by the deadline specified in the request for qualifications package. Any
response that fails to meet all requirements outlined in the request for qualifications package
shall not be considered. False or misrepresented information provided in response to a
request for qualifications package shall be grounds for disqualification.
H. The postsecondary education institution shall establish an evaluation committee
to assess the responses to the request for qualifications, using at minimum the following
criteria:
(1) The professional training and experience of the contractor and key personnel,
specifically as it relates to the project under consideration.
(2) The capacity to complete the work within the specified time frame.
(3) Past performance on public projects of a similar nature to the one described in
the request for qualifications.
(4) Any project-specific criteria that may apply to the project needs.
(5) Any other material deemed important by the institution.
I. A postsecondary education institution may award job order contracts to one or
more job contractors in connection with each request for qualification.
J. The initial term for a job order contract shall not exceed two years. The
postsecondary education institution may renew the contract annually for not more than three
additional years.
K. An order for a job or project under a job order contract shall be signed by both the
representative of the educational institution and the contractor. The job order may be issued
for either of the following:
(1) A fixed price, lump-sum contract based substantially on contractual unit pricing
applied to estimated quantities.
(2) A unit price order based on the quantities and line items delivered.
L. The job order contractor shall provide payment and performance bonds, as
required by law, based on the amount or estimated amount of any order.
M. A job order contract shall only be used to accomplish work for the postsecondary
education institution that awarded the contract unless the request for qualifications for the
job order contract specifically provides for use by other postsecondary education institutions
under the supervision and control of the management board.
N. The provisions of the Section shall supersede any conflicting provisions of any
other law, including but not limited to the requirements of this Chapter.

Legislative History

Acts 2025, No. 88, §2, eff. June 4, 2025.