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Texas Education Code - Section 44.041. Job Order Contracts For Facilities Construction Or Repair

Legal Research Home > Texas Lawyer > Education Code > Texas Education Code - Section 44.041. Job Order Contracts For Facilities Construction Or Repair

§ 44.041. JOB ORDER CONTRACTS FOR FACILITIES CONSTRUCTION 
OR REPAIR.  (a) A school district 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 school district 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 school district shall advertise for, receive, and 
publicly open sealed proposals for job order contracts.
	(d)  The district may require offerors to submit additional 
information besides rates, including experience, past performance, 
and proposed personnel and methodology.
	(e)  The district 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 district'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 option that the district sets forth in the 
request for proposals.  If the district 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, those 
services shall be provided in accordance with applicable law.

Added by Acts 1997, 75th Leg., ch. 1179, § 2, eff. Sept. 1, 1997.  
Amended by Acts 1999, 76th Leg., ch. 1225, § 10, eff. Sept. 1, 
1999;  Acts 2003, 78th Leg., ch. 1276, § 14A.761, eff. Sept. 1, 
2003.

Last modified: August 10, 2007