Existing law, Articles 41.5 and 60.4 of the Local Agency Public Construction Act, authorizes job order contracting for school districts and community college districts. These Articles are set to terminate on January 1, 2027. AB 1809 extends the termination date until January 1, 2037.
AB 1809 also makes other changes to the requirements for school districts’ use of job order contracting. In particular, it prohibits a school district from using job order contracting if it finds that it will increase the total cost of the project without sufficient documented justification.
AB 1809 also eliminates certain existing requirements for school districts, including the requirements that a school district prepare an execution plan for all modernization projects that may be eligible for job order contracting, select from that plan a sufficient number of projects to be initiated as job order contracts during each calendar year, and determine whether each selected project will reduce the total cost, as well as the requirement that a school district compare its estimate for an individual job order to the contractor’s proposed price. These planning and cost determination requirements remain applicable to community college districts.
Finally, AB 1809 prohibits the duration of any task order procurement contract or job order contract issued pursuant to certain sections of the Public Contract Code or Education Code from exceeding 5 years, provided that any individual task or job order shall remain valid even if the contract expires.
AB 1809 amends section 17596 of the Education Code and sections 20665.23, 20665.33, 20919.23, 20919.31, and 20919.33 of the Public Contract Code.
