§ 19-4-1416. Job order contracting — Definitions

(a) As used in this section:

1. (1) “Job order contracting” means the acquisition of contracting services using a selection method that requires contractors to submit qualifications and prices based on wage rates inclusive of fringes and burden, plus a pricing matrix for markups on materials and subcontractors; and

2. (2)

   1. (A) “On-call contracting” means the ability of the state agency or institution of higher education to continue to call upon the successful bidder to conduct additional construction services as required by the state agency or institution of higher education.

   2. (B) The contractor shall be required to bid all subcontractor work, and the state agency or the institution of higher education shall receive and open the bids with the contractor present at the bid opening date.

(b) The state agency or the institution of higher education may supply all materials for the work with no additional markup if the materials may be purchased off state contracts at a lesser price than the contractor would be able to procure.

(c)

1. (1)

   1. (A) After a state agency or institution of higher education has prepared appropriate scope documents and achieved appropriate reviews, it shall advertise for bids and award and file contracts for the contemplated work as identified in §§ 19-4-1401 — 19-4-1405.

   2. (B) Additional work may be awarded based upon the initial bid within the fiscal year.

2. (2)

   1. (A) The bidder may not submit a multiplier representing estimated cost inflation as part of the formal bid process.

   2. (B) The bid will represent the fixed price amount for the fiscal year.

3. (3) The most qualified bidder offering the best value for the state agency or the institution of higher education shall be selected to perform the construction services identified in the construction specifications.

(d)

1. (1) Job order contracting bid awards:

   1. (A) Shall not extend beyond one (1) fiscal year; and

   2. (B) Shall not exceed:

      1. (i) Seven hundred fifty thousand dollars ($750,000) per construction job for the first year of the contract for state agencies and institutions of higher education with education and general appropriations beginning in the 2009 fiscal year and each fiscal year thereafter equal or exceeding ten million dollars ($10,000,000); and

      2. (ii) One hundred thousand dollars ($100,000) per construction job for state agencies or institutions of higher education with education and general appropriations beginning in the 2009 fiscal year and each fiscal year thereafter of less than ten million dollars ($10,000,000).

2. (2) However, reasonable extensions may be granted at the beginning of each new fiscal year not to exceed a total of four (4) years, if:

   1. (A) The price remains mutually agreeable to the state agency or the institution of higher education and the contractor; and

   2. (B) The quality of the work is satisfactory to the state agency or the institution of higher education.

3. (3) On or before the four-year threshold, the state agency or the institution of higher education shall bid the construction service to assure competitive opportunities and lowest cost circumstances.

(e)

1. (1) Executed counterparts of a contract entered into by a state agency with respect to job order projects shall be approved by and filed with the Building Authority Division before the issuance of any vouchers making payments under the contract.

2. (2)

   1. (A) The boards of trustees of the University of Arkansas, Arkansas State University, University of Central Arkansas, Henderson State University, Arkansas Tech University, and Southern Arkansas University are exempt from the requirements of this section regarding the approval and filing of the contracts with the Building Authority Division.

   2. (B)

      1. (i) With the exception of those boards of trustees listed in subdivision (e)(2)(A) of this section, the governing board of a public institution of higher education is exempt from filing the contracts with the Building Authority Division if it receives the approval of the Division of Higher Education.

      2. (ii) Before granting approval, the Division of Higher Education shall review and approve the policies and procedures regarding bidding and construction of capital improvement projects as adopted by the governing board of the public institution of higher education.

3. (3) A public institution of higher education that is exempt under this section may enter into an agreement with the Building Authority Division to file its contracts with the Building Authority Division.