Texas Education Code - Section 44.041. Job Order Contracts For Facilities Construction Or Repair
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Texas Laws > Education Code > Texas Education Code - Section 44.041. Job Order Contracts For Facilities Construction Or Repair
Section: 44.034 44.035 44.036 44.037 44.038 44.039 44.040 44.041 44.042 44.043 44.044 44.051 44.052 44.053 44.054
§ 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,
Last modified: August 11, 2007