Section 20919.26 Of Article 60.4. Job Order Contracting For School Districts From California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 60.4.
20919.26
. (a) All work bid under the job order contract shall
comply with Chapter 4 (commencing with Section 4100) of Part 1 and is
subject to all of the penalties and provisions set forth in that
chapter.
(b) For purposes of this article, if the primary job order
contractor chooses to use subcontractors, the primary job order
contractor is required to verify that the subcontractors possess the
appropriate licenses and credentials required to perform
construction.
(c) Notwithstanding subdivision (a), the primary job order
contractor may use subcontractors that are not listed at the time the
job order is issued if the work to be performed under that job order
is less than ten thousand dollars ($10,000).
(d) If the primary job order contractor chooses to use a
subcontractor that is not listed at the time of bid to perform work
on a job order, all of the following apply:
(1) The primary job order contractor shall provide public notice
of the availability of work to be subcontracted by trade. The public
notice shall include the scope of work; the project location; the
name, address, and the telephone number of the primary job order
contractor; and the closing date, time, and location for sealed bids
to be submitted.
(2) The primary job order contractor shall take sealed bids from
the subcontractors solicited for the proposal. These bids shall be
publicly opened at a prescribed time and place by the primary job
order contractor. After the bids are opened, the job order contractor
shall notify the school district which subcontractor was selected.
(3) The notification shall include every subcontractor for all
tiers and must establish the authorized subcontractor list for the
job order. Work shall not commence prior to seven days' notice of the
established subcontractor list and the subsequent addition of any
subcontractor to the job order.
(4) The notification shall identify the scope of the work to be
performed by each subcontractor to the job order, broken down by
craft. If a subcontractor performs multiple crafts, the job order
contractor shall identify the work of each craft to be performed.
(e) If the primary job order contractor chooses to make a
substitution to the subcontractor list, the primary job order
contractor shall provide a minimum of seven days' notice to the
school district along with justification as to the need for the
substitution. The school district may request a hearing to evaluate
the substitution request, which shall be in accordance with Chapter 4
(commencing with Section 4100) of Part 1.
(f) If the school district determines that there has been a
violation of Chapter 4 (commencing with Section 4100) of Part 1,
including bid shopping by the primary job order contractor, the
school district may terminate the job order or the contractor may
lose authorization to proceed with awarded work subject to the school
district's administrative due process review, if such review is
established pursuant to the school district's project labor
agreement. If the school district determines that a job order
contractor has violated any provision set forth in Chapter 4
(commencing with Section 4100) of Part 1, the school district may
declare the contractor ineligible for future job orders and may
result in a loss of prequalification status for a period of time to
be determined by the school district.