SEC. 6.62. JOB ORDER CONTRACTS.

The job order contracting system ("JOC") provides for an indefinite quantity contract with a predefined set of Bid items that are assigned on a periodic or task order basis for the performance of maintenance, repair and minor construction projects. Department Heads are authorized to utilize JOC according to the procedures set forth below.

(a) Each JOC Contract is to be advertised for competitive Bids in accordance with the procedures set forth in this Chapter 6 and awarded to the Responsible Bidder who submits the lowest Responsive Bid.

(b) The Advertisement For Bids shall include unit prices and detailed technical specifications for each construction task contemplated to be performed under the JOC Contract. Each task item shall include direct costs for material, equipment and labor. Construction tasks shall be grouped by trade.

(c) The Advertisement For Bids shall contain the City's estimate regarding the percentage of work under the JOC Contract that will be performed by each trade. The Advertisement For Bids shall also require the Contractor to commit to an LBE Subcontractor Participation Requirement, as set CMD, in the performance of task orders under the JOC Contract. Upon completion of the JOC Contract term, CMD shall verify compliance with the LBE Subcontractor Participation Requirement. Departments may designate specific JOC Contracts as limited set asides for Micro-LBEs as provided under Chapter 14B of the Administrative Code.

(d) The Contractor's Bid shall include a subcontractor list in conformance with Section 6.21(a) and Chapter 14B of the Administrative Code at the time of bid or at the time of a task order as appropriate. All requests for substitutions of subcontractors shall be made and considered under California Public Contract Code Section 4107, as may be amended from time to time. Notwithstanding this requirement, if a listed subcontractor confirms in writing that it is not available to perform one or more task orders, the Contractor may request to add without penalty a subcontractor to perform under the task order(s) at no additional cost to the City. The aggregate value of the work performed by subcontractors added to substitute for listed but unavailable subcontractors shall not exceed 20% of the original Contract amount. Specialty trade work unanticipated at the time of Bid, requiring the addition of one or more subcontractors, shall be considered the performance of a change order under California Public Contract Code Section 4107(c). The addition of any subcontractor under any circumstances or for any purpose shall be effected by change order or Contract modification. Prior to any added subcontractor performing any task order work, the awarding department shall confirm the license, insurance coverage, and other qualifying criteria as required by law.

(e) Contractors submitting Bids on the JOC Contract shall state in their Bids an adjustment on a percentage basis either increasing or decreasing the unit prices for all construction tasks set forth in the Bid documents. There may be a single adjustment factor that applies to all tasks. For example, an

adjustment factor of 25% below the unit prices stated in the Bid documents would be Bid as .75. All of the profit, overhead and indirect costs shall be included in the adjusted unit prices.

(f) The Advertisement For Bids and the contract specifications shall contain a maximum dollar amount of the JOC Contract, which maximum amount shall not exceed $5,000,000. In no case shall the cumulative modifications to a JOC Contract result in a contract sum exceeding 150% of the original Contract amount.

(g) JOC Contracts shall provide for an expiration term of not more than five years, including all modifications. However, the Department Head shall not issue any new task orders under the JOC Contract after four years from the date the Contract is certified by the Controller.

(h) The contracting terms and working conditions of Section 6.22 shall apply to JOC Contracts, except that the Department Head may authorize the Contractor to file the bonds required by Section 6.22(a) after Contract execution but prior to the execution of any task order. The Department Head shall require the Contractor to issue bonds for a sum of not less than 100% of the task orders issued under the JOC Contract or 25% of the Contract amount, whichever is greater.

(i) Projects will be assigned under the JOC Contract on a task order basis at the sole discretion of the Department Head concerned. Each task order shall include a time certain for completion of the work and an appropriate sum for liquidated damages for delay. Each task order shall also include a list of the subcontractors performing work under such order, with each subcontractor's name, business address, San Francisco business tax registration number, Contractor license number, scope of work, and data as may be required by CMD. The task order price shall be no more than the calculated unit prices and the Bid adjustment factor. No task order shall exceed the Threshold Amount, including all modifications. A department may issue or modify any task order(s) to exceed the Threshold Amount only upon the Department Head's written determination establishing the critical nature or significant need for the work and the justification for proceeding under this Section 6.62 rather than by formal competitive process.

(j) A Contractor who enters into a JOC Contract with a particular City department is not eligible during the term of such JOC Contract to submit a Bid on a subsequent JOC Contract advertised by the same contracting department, except in the following circumstances: (1) the Contractor's existing JOC Contract will expire in 120 days or fewer; (2) the contracting department has issued task orders valued by the City in an amount equal to or exceeding 90% of the maximum dollar amount of the existing JOC Contract; or (3) the subsequent JOC Contract is funded by a different source of government funds (e.g., Federal, State, Local) than the funding source used for the existing JOC Contract. Nothing in this section shall preclude a Contractor from simultaneously bidding on multiple JOC Contracts advertised by one City department prior to Award of a JOC Contract by that department.

of the existing JOC Contract; or (3) the subsequent JOC Contract is funded by a different source of government funds (e.g., Federal, State, Local) than the funding source used for the existing JOC Contract. Nothing in this section shall preclude a Contractor from simultaneously bidding on multiple JOC Contracts advertised by one City department prior to Award of a JOC Contract by that department.

(Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 324-00, File No. 001919, App. 12/28/2000; Ord. 58-05, File No. 041571, App. 4/1/2005; Ord. 19-10, File No. 091163, App. 2/10/2010; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)