View Amendment Current Amendment: 4a to Bill 4000 Rep. BANNISTER proposes the following Amendment No. 4a to H.4000 as Passed By The House
(Doc Name h:\legwork\house\amend\h-wm\002\h2 job order pilot.docx):
EXPLANATION: Establish a pilot project to issue job orders for construction, renovation or repair work.

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 523, after line 8, by adding an appropriately numbered paragraph to read:
/            (GP: Job Order Contracting Pilot Program) Procurement Services of the State Fiscal Accountability Authority may pilot test a job order contracting method on behalf of one or more governmental bodies or public procurement units by entering into job order contracts to acquire construction services when the exact time or exact quantities of future jobs are not known at the time of contract award. Procurement Services shall determine, in its sole discretion, which governmental bodies and public procurement units may participate in the pilot project. Procurement Services may enter into job order contracts with up to four businesses for each geographic area for each licensing classification and sub-classification for construction. Licensing classification and sub-classification is defined by Chapter 11 of Title 40 of the 1976 Code. Except as otherwise provided in this provision, a job order contract must be procured as provided for in the South Carolina Procurement Code. All bidders shall be prequalified as provided for in Section 11-35-1520(11) and the State Engineer or his designee shall supervise the prequalification process. Procedures and requirements for the notification of intent to award the contracts shall follow those provided in Section 11-35-1520(10). For the current fiscal year, Section 11-35-3023 shall not apply to contracts awarded pursuant to this provision.
     For purposes of this provision the term 'job order contract' means a contract that provides for the issuance of job orders for the performance of construction, renovation, and repair work, where contractors propose an adjustment factor or factors to be applied to a catalog of preset unit prices calculated using local prevailing wage rates, local equipment and local material costs, and where individual job orders are issued to the awarded contractors on an as needed basis and the price paid for the work is a lump sum of the preset unit prices needed to complete the job order multiplied by the quantity required multiplied by the adjustment factor.
     For purpose of the pilot project, a job order contract may not exceed five years, including extensions. The sum of all individual job orders may not exceed four million dollars per contract annually. Any unused capacity from the prior year may be carried over for one year and be added to the current year's limit. The maximum annual volume including unused capacity shall not exceed the limit of two years. A single project must not be performed using job order contracts in combination with contracts awarded pursuant to Section 11-35-1550.
     A job order must clearly specify all tasks to be performed or property to be delivered under the order so the full price for the performance of the work can be established when the order is placed. All job orders must be issued on a fixed-price basis. All job orders must be issued within the period of the contract and must be within the scope and maximum value of the contract. An individual project using job orders may not exceed five hundred thousand dollars. Work may not be divided artificially in order to avoid these limits. Each job order shall provide an itemized list of each construction tasks required to complete the work with the task's associated unit price and applied adjustment factor. Each job order proposal shall be certified as contract compliant by a reviewer independent of the contractor.
     Any solicitation for a job order contract must include the following:
           (1)      the period of the contract, including the number of options to extend the contract and the period for which the contract may be extended under each option, if any;
           (2)      the maximum dollar value of the services to be procured under the contract;
           (3)      the maximum dollar value of the services to be procured under a single job order;
           (4)      a description that reasonably describes the licensing classification and the general scope, nature, complexity, and purposes of the services to be procured under the contract in a manner that will enable a prospective bidder to decide whether to submit a bid;
           (5)      the procedures that the governmental body will use for issuing job orders, which may be on a rotation or some other method deemed appropriate by the governmental body except that soliciting quotes for individual job orders shall be prohibited;
           (6)      if applicable, the geographic area to which the job order contract applies. Ordinarily, a geographically contiguous area should not be subdivided; and
           (7)      the number of job order contracts to be awarded.
     Administrative review under Article 17 is not available for the award of an individual job order, except for a protest of the award of a job order on the grounds that the order increases the scope, period, or maximum value of the job order contract under which the order is issued./

Renumber sections to conform.
Amend totals and titles to conform.