Bill Text: NJ A2629 | 2020-2021 | Regular Session | Introduced
Bill Title: Concerns job order contracts for public work.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-13 - Introduced, Referred to Assembly Labor Committee [A2629 Detail]
Download: New_Jersey-2020-A2629-Introduced.html
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Concerns job order contracts for public work.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning job order contracts in public work and supplementing P.L.1963, c.150 (C.34:11-56.25 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. For the purposes of this act:
"Job order contract" means a competitive bid, indefinite quantity, fixed price, multi-task contract, in which a base contract is awarded with pre-established tasks and prices, specifications and general contract conditions, and contractors are permitted to bid by submitting a coefficient or coefficients for a job order contract based on a unit price book, which contains a list of all tasks that may be performed as part of the work to be performed under the base contract.
"Public body" means the State of New Jersey, any of its political subdivisions, any authority created by the Legislature of the State of New Jersey and any instrumentality or agency of the State of New Jersey or of any of its political subdivisions.
"Public work" means construction, reconstruction, demolition, alteration, custom fabrication, or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work performed under a rehabilitation program. "Public work" shall also mean construction, reconstruction, demolition, alteration, custom fabrication, or repair work, done on any property or premises, whether or not the work is paid for from public funds, if, at the time of the entering into of the contract the property or premises is owned by the public body or:
(1) Not less than 55% of the property or premises is leased by a public body, or is subject to an agreement to be subsequently leased by the public body; and
(2) The portion of the property or premises that is leased or subject to an agreement to be subsequently leased by the public body measures more than 20,000 square feet.
2. a. Any job order contract for public work shall be subject to the requirements of this act, but job order contracts which are not for public work shall not be subject to the requirements of this act. Every job order contract subject to this act shall be filed with the Department of Labor and Workforce Development and shall have a defined scope of work, which includes:
(1) The location of the work, including the county;
(2) Identification of trades relevant for the specific scope of work to be performed, including but not limited to: basic trades, including carpenters, laborers and bricklayers; plumbing and gas fitting; steam heating, hot water heating, ventilating and air conditioning apparatus; electrical wiring and standard illuminating fixtures; roofing; welding; ironwork; concrete finishing; or painting and plastering; and
(3) A detailed description of the work to be performed under the base contract, a list of the tasks necessary to complete the work to be performed under the base contract, and the trade classifications of the workers, mechanics, and laborers who will perform each of the listed tasks in the base contract.
b. The defined scope of work to be performed under the base contract shall not be so overly broad as to prevent the contractor from making an informed bid during the competitive bid process. The contracting entity must limit the work to be performed under the base contract to those pre-established tasks and prices referred to in the general contract conditions.
c. The cost of a job order contract may not exceed $500,000. The duration of a job order contract shall not exceed one year, except that the contract may be renewed for an additional 12 months twice, so long as the $500,000 threshold is not exceeded. The contract may not be subdivided into separate contracts in order to meet the requirements of this act.
d. A job order contract and all subcontracts associated with that job order contract shall expressly state that all work performed under the contract shall be subject to the provisions of this act and the provisions of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.).
e. If any party to a job order contract seeks a third party consultant to assist, in any manner, with the bidding or implementation of a job order contract, such third party consultant shall be selected pursuant to a competitive bid process.
3. This act shall take effect immediately and shall apply to all job order contracts solicited or renewed on or after the effective date.
STATEMENT
This bill sets standards for job order contracts in public work. Under the bill, job order contracts in public work, but not other job order contracts, are subject to the following requirements:
1. The job order contract shall be filed with the Department of Labor and Workforce Development and have a defined scope of work, which includes the location of the work, identification of trades relevant for the specific scope of work; and a detailed description of the work to be performed under the base contract, a list of the tasks necessary to complete the work to be performed under the base contract, and the trade classifications of the workers, mechanics, and laborers who will perform each of the listed tasks in the base contract.
2. The defined scope of work to be performed under the base contract shall not be so overly broad as to prevent the contractor from making an informed bid during the competitive bid process. The contracting entity must limit the work to be performed under the base contract to those pre-established tasks and prices referred to in the general contract conditions.
3. The cost of a job order contract shall be limited to $500,000 and the duration limited to one year, except that the contract may be renewed for an additional 12 months twice, so long as the $500,000 limit is not exceeded. The contract may not be subdivided into separate contracts in order to meet requirements of the bill.
4. A job order contract and all subcontracts associated with that job order contract shall expressly state that all work performed under the contract shall be subject to the provisions of the bill and the provisions of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.).
5. If any party to a job order contract seeks a third party consultant to assist, in any manner, with the bidding or implementation of a job order contract, the third party consultant shall be selected pursuant to a competitive bid process.
The bill defines a "job order contract" as a competitive bid, indefinite quantity, fixed price, multi-task contract, in which a base contract is awarded with pre-established tasks and prices, specifications and general contract conditions, and contractors are permitted to bid by submitting a coefficient or coefficients for a job order contract based on a unit price book, which contains a list of all tasks that may be performed as part of the work to be performed under the base contract.
