4-Attachment B Scope Of Work.pdf

1. PURPOSE

Attachment B Scope of Work Solicitation SB26-12

Consultant for JOC Construction Program

The purpose of this State of Utah Cooperative Contract is to secure professional consultant services to manage and oversee Utah’s Job Order Contracting (JOC) Construction Program and will be for the benefit and use of all Eligible Users, which includes the State of Utah’s government departments, institutions, Eligible Users, political subdivisions (e.g., colleges, school districts, counties, cities, etc.), and, as applicable, nonprofit organizations, Eligible Users of the federal government, or any other entity authorized by the laws of the State of Utah to participate in State Cooperative Contracts. This contract does not guarantee any sales.

Any awarded contract may be modified to incorporate new technology or technological upgrades related to the Scope of Work throughout the term of the contract.

The State of Utah intends to make multiple awards from this solicitation to establish a pool of qualified JOC Consultants. Each awarded Consultant will independently manage their own JOC program, software, and subcontractor roster for the benefit of Eligible Users.

2. ANTICIPATED SERVICES, & BACKGROUND

2.1 Anticipated Services: It is anticipated that each awarded Consultant will provide a complete, integrated Job Order Contracting (JOC) solution that includes proprietary software, customized unit price catalogs, maintaining a State-approved JOC Subcontractor list, and ongoing technical and procurement support. Because JOC requires specialized execution, each Consultant must effectively manage all phases of the project lifecycle: initiation, JOC Subcontractor delegation, development, and close-out. Furthermore, the State requires a partner with extensive experience qualifying and managing JOC Subcontractors using tailored contract documents to actively prevent fraud, waste, and abuse.

2.2 Background: The State of Utah seeks to continue the JOC program to minimize Eligible User effort while maximizing benefits and efficiency in facility repair and renovation. This process has been successful when an organization needs to execute a steady stream of small-to-medium construction, time-sensitive repairs, and maintenance projects without the administrative burden of bidding each job individually. The program usage was $2.9 million over the last five years.

3. SCOPE OF WORK

The Division of Purchasing will not be issuing a solicitation for a new JOC Subcontractor Portfolio.

3.1 Administration:

a. Sourcing and Registration: Each Consultant is solely responsible for sourcing, actively onboarding, and maintaining a roster of qualified JOC Subcontractors to meet Eligible User needs. Each Consultant must collect and maintain current Workers' Compensation and General Liability insurance records for each subcontractor and register them with the State as “Subcontractors” under this primary contract number in strict accordance with State Code and Rule regulations.

b. Management and Oversight: For any given project, registered JOC Subcontractors shall take directions exclusively from the Consultant managing that specific Job Order. Each Consultant must train subcontractors, evaluate their performance, and provide the oversight necessary to ensure they furnish all management, labor, materials, equipment, and supervision required to successfully execute individual Job Orders.

c. Program Administration: Each Consultant is responsible for all JOC program invoicing, record keeping and file retention.

d. Job Order Assignment / Consultant Selection: Because this is a multiple-award cooperative contract, Eligible Users have the discretion to select which awarded Consultant to utilize for a specific project. Eligible Users may base their selection on factors including, but not limited to, geographic availability of the Consultant's subcontractor roster, the Consultant's management fee, past performance, or by rotating projects among the awarded pool.

3.2 Requirements Expected:

a. Program Development: Assist the Eligible Users in determining contract values and bid factor differentiation. Develop comprehensive execution procedures covering project initiation, joint scope meetings, and payment policies.

b. Customized Documentation: Prepare client-specific Construction Task Catalogs (CTC), Technical Specifications, and Bid Documents. CTC must use local Utah prevailing wages and material/equipment costs.

c. Pricing Accuracy: To ensure the CTC includes accurate task descriptions, units of measure, and specific prices for both installation and demolition. Modifiers for quantity discounts must be included to ensure cost savings for the State.

d. Permitting and Inspections: All projects are required to be permitted for construction by the jurisdiction having authority prior to starting any construction. The approved permit is required to be kept on site at all times. Additionally, final code inspection and approval documentation must be submitted before final payments are made.

e. Procurement Support: Conduct internal and external marketing programs, including pre-bid seminars for local JOC Subcontractors to explain JOC concepts and adjustment factor calculations.

f. Technical Support: Provide ongoing training for State staff and JOC Subcontractors.

g. Adherence to Laws: Ensure all procedures adhere to the State’s general operating and organizational philosophies.

h. Credit Applications: Each Consultant may require Eligible Users to provide information for charge accounts but must not require them to sign any agreement containing additional terms and conditions.

3.3 Performance Metrics and Service Level Agreements

a. System Uptime: The proprietary JOC software must maintain a minimum of 99.9% uptime during standard business hours (8:00 AM to 8:00 PM MST, Monday–Friday).

b. Support Response Time: Each Consultant’s Help Desk must acknowledge technical support requests within two (2) business hours and resolve critical system outages within twenty-four (24) hours.

c. Implementation Timeline: The JOC program must be fully implemented and ready for Eligible User use within 60 calendar days of contract execution. Failure to meet this timeline may result in liquidated damages or contract termination.

d. Subcontractor Roster Availability: Each Consultant must maintain a sufficient pool of registered Subcontractors to ensure that at least three (3) qualified Subcontractors are available for any Job Order requested across all covered geographical regions.

4. BOND AND MAINTENANCE COMPLIANCE

Consultants must be prepared to act as the State’s administrative agent regarding the enforcement and management of Subcontractor bonding.

a) Threshold Monitoring: Each Consultant must actively monitor Job Order proposals and ensure compliance with Utah Code (including § 63G-6a- 1103). Each Consultant will ensure that Subcontractors provide

Performance and Payment bonds for any individual Job Order exceeding $50,000, or as otherwise required by the specific Eligible User.

b) Collection and Verification: Prior to issuing a Notice to Proceed (NTP) or allowing any physical work to begin on a bonded project, the Consultant must collect the physical or electronic bond documents from the Subcontractor. Each Consultant is responsible for verifying that the bonds are issued by a reputable surety authorized to do business in the State of Utah and that they cover 100% of the total Job Order value.

c) Reimbursement and Invoicing: Bond premiums are a project-specific expense and shall be treated as a direct pass-through cost. Consultant must obtain the actual bond purchase receipt from the Subcontractor and include it as a separate, unfactored line item on the Job Order invoice.

d) No Markups Permitted: Consultant is strictly prohibited from applying their program management fee, overhead, profit, or any Construction Task Catalog (CTC) coefficient to the cost of the Subcontractor's bond.

e) Recordkeeping: Consultants must securely store all bond documentation within the proprietary JOC software and ensure it is readily accessible to the State or Eligible User for audit and close-out purposes.

5. PAYMENT FLOW AND PRICING

Pricing details will be provided in Attachment C. To ensure transparent financial tracking, all invoices managed by each Consultant must clearly separate construction costs from program management fees.

a. Payment Flow: Consultants shall submit consolidated invoices to the Eligible User. Each invoice must distinctly itemize:

i. Approved Documentation and Scoping: All project pricing and cost development must be based on complete, formally approved construction documents and a clearly defined, finalized Scope of Work. The Consultant and Subcontractors are strictly prohibited from generating binding project costs, submitting final proposals, or executing Job Orders based on rough estimates or incomplete plans.

ii. Construction Costs: The actual cost of the construction work performed by the Subcontractor, calculated only using the firm and fixed pricing in the approved Construction Task Catalog (CTC).

iii. Consultant Management Fee: Each Consultant’s fee for software, management, and oversight is calculated according to the rates defined in Attachment C.

iv. State Information: State Contract Number, the Subcontractor’s name, and their state-assigned Vendor ID number.

b. Subcontractor Payment: Each Consultant is solely responsible for remitting timely payment to the Subcontractors for completed and approved Job Orders from the funds dispersed by the State. Utah Prompt Payment Law stipulates:

i. Progress Payments: Each Consultant must pay their subcontractor within 30 days after receiving the construction funds from the State.

ii. Final Payment: Each Consultant must pay their subcontractor within 10 days after receiving the final payment from the State.

c. Price Adjustments:

I. Consultant management fees, as stipulated in Pricing Sheet Attachment C, are guaranteed for 12-month periods. Proposed fee changes must be formally submitted to the Division of Purchasing and require a contract amendment.

II. CTC Pricing: Each Consultant is required to issue updated Construction Task Catalogs (CTCs) annually to accurately reflect local market price fluctuations. Each Consultant must be prepared to prove and justify any unit pricing in the CTC that is disputed by an Eligible User or the Division of Purchasing.

d. Additions: New construction tasks or services may be added to the contract via a formal amendment upon approval by the Division of Purchasing Contract Manager.

6. CONTRACT ADMIN FEE REQUIREMENTS

a. Each Consultant is responsible for tracking all completed Job Orders, submitting accurate State quarterly reports, and paying State administrative fees for all subcontractor work.

b. State Administration fees may not be charged to Eligible Users on any invoicing.

7. PROJECT VALUE LIMITS

a. State Entities: State Entities, State Agencies and institutions of Higher education - Require DFCM approval on any agreement over $100,000

b. Local Jurisdictions: Local jurisdictions and all other Eligible Users will adhere to their own specific statutory or internal limits for utilizing this contract.

c. Education Projects: DFCM is responsible for reviewing construction contracts for K–12 projects that use a delivery method other than Design- Bid-Build. Approval from DFCM is required before entering into these agreements. For questions or help with the approval process, please contact dfcmk12support@utah.gov.

Utah Code § 63A-5b-604, Utah’s Division of Facilities Construction and Management (DFCM) Director exercises direct supervision over the design and construction of all new facilities, alterations, and repairs. See code details for exemption information.

8. TRANSITION AND OFFBOARDING

To ensure continuity of State operations, each Consultant must provide a seamless offboarding process upon the expiration or termination of the contract.

a. Data Export: Within thirty (30) days of contract termination, Consultants must export and transfer all State-owned data (including project files, financial records, sub-contractor lists, and customized catalogs) back to the State in a non-proprietary, accessible format (e.g., CSV, Excel, or standard database format) at no additional cost.

b. Active Job Orders: Any Job Orders initiated prior to the contract expiration date must be allowed to reach completion. Consultants shall continue to provide software access, oversight, and payment routing for these specific active projects until final closing out, even if the primary contract term has expired.

c. Cooperation: Each Consultants agrees to cooperate fully with the State and any newly awarded vendor to ensure a smooth transition of the JOC program without disruption to facility repairs and maintenance.

mailto:dfcmk12support@utah.gov

8. TRANSITION AND OFFBOARDING