Term Contract [Job Order Contracting]

Term Contract [Job Order Contracting]. A. The Job Order Contracting [JOC] method of project delivery is an indefinite delivery/indefinite quantity term contract based upon a nationally published and recognized cost index as determined by the DFA for the construction, repair, renovation, demolition and improvement of buildings, facilities, and infrastructure. The term shall not be for more than sixty [60] months. A price adjustment clause based upon the same cost index may be included. B. For term contract solicitations, the UA must publish concurrent newspaper and Mississippi Procurement Technical Assistance Program [MPTAP] portal postings in compliance with the requirements set forth in MISS. CODE ANN. § 31-7-13(c)(i)(3). Solicitations must include instructions to bidders, submission requirements, date and time for submission, addenda procedures, disqualification parameters, requirements for responsiveness and responsibility, withdrawal of bids, and the Owner’s right to reject all bids submitted. The UA must identify the contract form to be used including all terms and conditions which shall not be subject to negotiation. Template documents provided by the DFA shall be utilized unless use of substantially equivalent documents is determined to be more practical and/or advantageous by the DFA. C. Award of a term contract shall be made to the lowest and best bidder meeting minimum defined performance qualifications. If award is made to more than one bidder to establish a pool of eligible Contractors, the highest awarded bid value shall be not more than fifteen percent [15%] of the lowest awarded value. If the UA accepts a bid other than the lowest bid submitted, the UA shall place on its minutes detailed calculations and a narrative summary showing that the accepted bid was the lowest and best bid, including the dollar amount of the accepted bid and the dollar amount of the lowest bid. No UA shall accept a bid based upon items not included in the specifications. D. At the discretion of the DFA, a UA may, without additional solicitation, request that work be awarded [Job Orders] under term contracts established by the DFA for this purpose. E. The UA will utilize a Job Order Professional from a list of approved Job Order Professionals under separate term contracts with the DFA. Where required by the Sustainability Policy, a Commissioning Authority Professional will also be required. Utilization of the Job Order Program is subject to the following conditions: 1. The UA will utilize a Job Order Contractor from a list of approved Job Order Contractors under separate term contracts with the DFA for the region where the work will be performed. 2. The DFA, acting through the BOB, is considered the Owner and as such, all decisions, including resolution of any/all disputes, are subject to the approval of the DFA. 3. The UA will furnish all necessary funds to cover any/all costs incurred for the planning and construction of any Job Order awarded including any/all subsequently awarded Change Orders as well as Professional fees and expenses necessary for the administration of such Job Order. Should the UA delay in such transfer of funds so as to prevent prompt payment of incurred costs, the BOB may utilize any eligible UA funds in the possession of the BOB to pay such cost and/or terminate the work with any costs due to the Professional or Contractor to be the sole responsibility of the UA. 4. Each Job Order will be awarded by the BOB, subject to the concurrence of the UA, prior to issuance of a Notice to Proceed [NTP] by the BOB. 5. The work of each Job Order shall not be accepted as complete unless and until the BOB accepts such work as Substantially Complete. 6. The UA shall initiate a request for each Job Order through one of the approved Job Order Professionals or through the designated Project Manager at the BOB. Any costs incurred due to UA direction to a Job Order Professional prior to initiation by the BOB shall be the sole responsibility of the UA. Initiation by the UA shall be considered acceptance of the conditions noted herein.