California Public Contract Code 20919.31 – In order to prevent fraud, waste, and abuse, the school district …
In order to prevent fraud, waste, and abuse, the school district adopting job order contracting shall do all of the following:
(a) Prepare for each individual job order developed under a job order contract an independent school district estimate. The estimate will be prepared prior to the receipt of the contractor’s offer to perform work and will be compared to the contractor’s proposed price to determine the reasonableness of that price before issuance of any job order. The basis for any adjustments to the school district estimate is to be documented. In the event that the contractor’s proposal for a given job order is found to be unreasonable, not cost effective, or undesirable, the school district is under no obligation to issue the job order to the job order contractor, and may instead utilize any other available procurement procedures.
Terms Used In California Public Contract Code 20919.31
- Contract: A legal written agreement that becomes binding when signed.
- Fraud: Intentional deception resulting in injury to another.
- Job order: means a firm, fixed priced, lump-sum order issued by the school district to a job order contractor for a definite project scope of work as compiled from the unit price catalog to be performed pursuant to a job order contract. See California Public Contract Code 20919.21
- Job order contractor: means a licensed, bonded, and general liability insured contractor awarded a job order contract. See California Public Contract Code 20919.21
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Offer to perform work: means the job order contractor's proposal for a specific job order. See California Public Contract Code 20919.21
- Proposal: means the job order contractor prepared document quoting those construction tasks listed in the unit price catalog that the job order contractor requires to complete the project scope of work, together with the appropriate quantities of each task. See California Public Contract Code 20919.21
- School district: means any school district. See California Public Contract Code 20919.21
(b) The school district shall not issue a job order until the job order has been reviewed and approved by the appropriate level of management.
(c) Once a job order has been issued, all documents pertaining to preparation and approval of the job order, including the independent school district estimate, shall be available for public review.
(Added by Stats. 2015, Ch. 753, Sec. 2. (AB 1431) Effective January 1, 2016. Repealed as of January 1, 2027, pursuant to Section 20919.33.)