§2225.6. Job order contracting; postsecondary education institution

            A. This Section establishes an alternative project delivery method for job order contracts created specifically for improvements addressing deferred maintenance of public facilities by a postsecondary education institution when the work is of a recurring nature but the delivery times, type, and quantities of work required are indefinite.

            B. For purposes of this Section, the following terms shall have the following meanings ascribed to them:

            (1) "Evaluation committee" shall mean a group formed to assess the qualifications of potential contractors or professionals who may be hired for construction work on campus projects. The role of the committee is to evaluate and select the most qualified candidates based on specific criteria.

            (2) "Project" shall mean improvements addressing deferred maintenance of public facilities, including the complete renovation of buildings with significant deferred maintenance needs; utility infrastructure; drainage, street, sidewalk, and site infrastructure; the demolition of public facilities; and any other improvements to address deferred maintenance needs. The term "project" does not include new buildings or building additions, other than minor additions required for code compliance or improved access to a public facility.

            (3) "Public facility" or "public facilities" shall mean buildings, equipment, utilities, site components, roads and streets, and other permanent property or immovable property under the supervision and control of the board overseeing the postsecondary education institution.

            C. A postsecondary education institution may award job order contracts for deferred maintenance projects to a public facility if the work is of a recurring nature, but the delivery times are indefinite and the indefinite quantities and orders are awarded substantially on the basis of pre-described and pre-priced tasks.

            D. The postsecondary education institution shall establish the maximum aggregate contract price when it advertises the request for qualifications pursuant to this Section. The institution may establish contractual unit prices for a job order contract through one of the following methods:

            (1) Specifying one or more published construction unit price books and the applicable divisions or line items.

            (2) Providing a list of work items and requiring the bidders to propose one or more adjustment factors or multipliers to be applied to the price book or pre-priced as the price proposal.

            E. Before awarding any job order contract, the Louisiana Board of Regents shall establish procedures for the development of plans, specifications, qualifications, and other matters pertaining to the procedures for advertising, reviewing, and selecting job order contractors.

            F. At minimum, the following provisions shall apply to firms and contractors providing or performing construction work under job order contracts:

            (1) All engineering and surveying firms shall be licensed to perform services by the Louisiana Professional Engineering and Land Surveying Board.

            (2) All architectural firms shall be licensed to perform services by the Louisiana State Board of Architectural Examiners.

            (3) All contractors shall be licensed by the Louisiana State Licensing Board for Contractors.

            G. To ensure compliance with the established standards, all competitors shall follow the qualification procedures set forth in this Subsection:

            (1) A selection process utilizing a request for qualifications procedure including a public announcement procedure for solicitation of interested job order contract competitors and a procedure for requesting a statement of qualifications from qualified firms or terms through electronic announcement and communications.

            (2) The postsecondary education institution shall provide a request for qualifications package to all job order contract competitors who submit a letter of interest. All required information shall be identified in the request for qualifications package and in the standard response forms. The response to a request for qualifications package shall include a statement of qualifications that outlines credentials and experience in areas of expertise specific to the project.

            (3) The completed response form, along with any other required information, shall be submitted by the deadline specified in the request for qualifications package. Any response that fails to meet all requirements outlined in the request for qualifications package shall not be considered. False or misrepresented information provided in response to a request for qualifications package shall be grounds for disqualification.

            H. The postsecondary education institution shall establish an evaluation committee to assess the responses to the request for qualifications, using at minimum the following criteria:

            (1) The professional training and experience of the contractor and key personnel, specifically as it relates to the project under consideration.

            (2) The capacity to complete the work within the specified time frame.

            (3) Past performance on public projects of a similar nature to the one described in the request for qualifications.

            (4) Any project-specific criteria that may apply to the project needs.

            (5) Any other material deemed important by the institution.

            I. A postsecondary education institution may award job order contracts to one or more job contractors in connection with each request for qualification.

            J. The initial term for a job order contract shall not exceed two years. The postsecondary education institution may renew the contract annually for not more than three additional years.

            K. An order for a job or project under a job order contract shall be signed by both the representative of the educational institution and the contractor. The job order may be issued for either of the following:

            (1) A fixed price, lump-sum contract based substantially on contractual unit pricing applied to estimated quantities.

            (2) A unit price order based on the quantities and line items delivered.

            L. The job order contractor shall provide payment and performance bonds, as required by law, based on the amount or estimated amount of any order.

            M. A job order contract shall only be used to accomplish work for the postsecondary education institution that awarded the contract unless the request for qualifications for the job order contract specifically provides for use by other postsecondary education institutions under the supervision and control of the management board.

            N. The provisions of the Section shall supersede any conflicting provisions of any other law, including but not limited to the requirements of this Chapter.

            Acts 2025, No. 88, §2, eff. June 4, 2025.