Budget Amendment ID: FY2021-S4-34
GOV 34
Job order Contracting
Mr. Tarr moved that the proposed new text be amended by inserting after section_ the following section:-
"SECTION_. Chapter 7C of the General Laws is hereby amended by inserting after section 2 the following section:-
Section 2A. (a) As used in this section, the following words shall have the following meanings unless the context clearly indicates otherwise:-
"Job order", an agreed upon fixed-price order issued by a public agency to a contractor pursuant to a job order contract for the contractor's performance of a specific maintenance, repair, alteration or conversion project consisting solely of tasks, materials and equipment selected from those specified and priced in the job order contract.
"Job order contract", a contract for the performance of a maintenance, repair, alteration and conversion projects, or a subset thereof, that: (i) is limited to a specified term; (ii) includes specifications consisting of technical descriptions of the included various tasks, materials and equipment at stated unit prices but that do not specify the specific projects to be performed by the contractor; (iii) contains a fixed contractor's mark up over the unit prices, as described under clause (ii); and (iv) in accordance with which 1 or more specified state agencies may enter into fixed price job orders with the contractor for the performance of specific projects, consisting solely of combinations of the tasks, materials and equipment specified in the contract and at the unit prices specified in the contract plus the contractor's mark-up.
"Maintenance", day-to-day routine, normally recurring, repairs, equipment adjustments and upkeep.
"Repair", work required to restore a facility or system to a condition in which it may continue to be approximately and effectively used for its designated purpose and anticipated life or to comply with code requirements by overhaul, reprocessing or replacement of constituent parts or materials that do not meet code requirements or have deteriorated by either action of the elements or wear and tear in use.
(b) Notwithstanding any general or special law to the contrary, the commissioner may establish a program for the use of job order contracts by higher education facilities subject to the department of higher education and by the division of capital asset management and maintenance with respect to properties for which it is responsible.
(c) The commissioner may procure contracts for services related to the creation and use of job order contracts including, but not limited to, the creation of task descriptions, specifications and unit prices for use in job order contracts, and agency training and other services related to such contracts. Such procurement may be conducted in accordance with the procedures specified in applicable regulations governing the procurement of commodities or services.
(d) The commissioner may procure job order contracts for use by state agencies, consisting of the division of capital asset management and maintenance and any higher education facilities subject to the department of higher education. Contracts authorized under this section shall: (i) be limited to job orders estimated to cost not more than $1,000,000 each; (ii) have a maximum term of 2 years; and (iii) be procured through the procedures specified in section 39M of chapter 30, except that: (A) the amount of the bid deposit shall be $5,000; (B) a contractor who is awarded a job order under a job order contract shall be certified by the division for the category of work specified in the contract; and (C) the amount of surety bonds required by the contract may be satisfied with respect to each particular job order before the commencement of any work under that job order. The commissioner shall award a job order contract to the eligible and responsible bidder who offers the lowest mark-up over the base unit prices specified in the contract specifications.
(e) Not later than February 1 and July 1 of each year, the commissioner shall biannually prepare and submit a report on the job order contract program to the chairs of the joint committee on state administration and regulatory oversight. The report shall include an analysis of the cost effectiveness of job order contracting and any other public benefits resulting from job order contracts."