JOC_Pre_Bid_FAQs.pdf

JOC Pre-Bid Frequently Asked Questions

1. How is the maximum contract amount determined? (REF: Modifications to Standard Construction Specifications, 1-3, Definitions)

a. Maximum contract amount is determined for each new contract based on reviewing current County of Sacramento Capital Improvement Plan (CIP) which shows projects that are budgeted for upcoming fiscal years (CIP is available for public access at www.saccounty.net under the Office of Budget and Debt Management, Budget Management, Annual Budgets, Capital Improvement Plan). Notwithstanding any other delivery method, some projects are considered as possible task orders that may be delivered by JOC. The total of possible task orders for JOC are tabulated including contingency, and then divided by number JOC Contracts to be awarded. Note: The Maximum contract amount is limited by the California Public Contract Code as adjusted by the California Consumer Price Index (which is about $5.4M for this year). Note: maximum contract amount is not guaranteed to be awarded.

2. How is the minimum contract amount determined? (REF: Modifications to Standard Construction Specifications, 1-3, Definitions)

a. In the past, minimum contract amounts were approximately 1% to 2% of the maximum contract amount (this is the median cost to bond for JOC contract’s maximum contract amount) to encourage Contractor participation in JOC. With recent popularity of JOC Programs in the region, it has not be necessary to set minimum contract amount, and some JOC Contractors have received task orders totaling up to the maximum contract amount. At present, the minimum contract amount is zero dollars. JOC Contractors are taking account of costs for insurance and bonding as part of business costs that are reflected in Contractor’s Adjustment Factors.

3. What are the past bid results?

a. It is recommended that your bid be prepared based on current Contract

Documents which contain current editions of the Construction Task Catalog, Technical Specifications, and JOC Contract Document. Any information from other JOCs may not be relevant to the current bid.

If you wish to view past bid results, then this information is publicly available. Past bids received information may be accessed at www.saccountybids.net. Click on “Construction Bids Received”. Near bottom of the page, there is a link to "Public Purchase" for construction bids advertised prior to January 2022 where the previous JOC contracts were advertised.

(The following content is provided as an aid to the Contract Documents. Information shown in these FAQs do not replace the Contract Documents. If there is any discrepancy, the Contract Documents take precedence.)

5. What are the Procurement Opportunities Program (POP) and Disadvantaged Business Enterprise (DBE) opportunities offered for JOC?

6. Job Order Contracting (JOC) is an Indefinite Delivery Indefinite Quantity (IDIQ) Contract and Individual Annual Contract. What kind of work is anticipated during the annual contract?

a. Repair, remodeling, or repetitive work done according to unit prices based on plans and specifications for typical work (PCC 20128.5). County of Sacramento Capital Improvement Plan (CIP) shows projects that are budgeted for upcoming fiscal years (CIP is available for public access at www.saccounty.net under the Office of Budget and Debt Management, Budget Management, Annual Budgets, Capital Improvement Plan).

Notwithstanding any other delivery method as described in the Public Contract Code, projects shown in the CIP may be delivered by JOC.

Note: No annual contracts may be awarded for any new construction, and projects shown on CIP are not guaranteed to be delivered by JOC.

7. How is the work going to be distributed between the awarded JOCs?

a. Rotation, Evaluation of past and current performance on Task Orders, Balancing of work load among Contractors, Price as it relates to Owner’s independent cost estimate, Contractor’s responsiveness to the Agency on Task Orders, and other appropriate criteria. See Modifications to Standard Construction Specifications, 4-5.02, Procedure for Ordering Work.

4. What is the percentage of total dollars awarded vs maximum contract amount?

a. Over the last 15 JOC Contracts; aggregate amounts of $18,766,000 of Task Orders were awarded on $46,700,000 of maximum contract amount. Approximately 40% of maximum contract amount was awarded for Task Orders.

8. According to the Construction Task Catalog (CTC), the Construction Tasks listed include Material, Equipment, and Labor. If the Contractor's adjustment factors are to include costs other than what is shown in the CTC, then how is it possible for a Contractor to bid adjustment factor below 1.0000?

a. Unknown; we do not presume on the means and methods of how any given Contractor prepares its Bid Proposal. Job Order Contracts are bid competitively according to Sacramento County Code 2.56.230, and the bidders determine current market values for award price or in the case of JOC, the adjustment factors for the Contract. From Gordian’s “Using the Construction Task Catalog”, Adjustment Factors include business costs (e.g. Contractor’s overhead and profit, and Subcontractor’s overhead and profit) and project related costs (e.g. project supervision, project filings and permits, preparation of submittals, safety equipment, security requirements, sales taxes) – it would seem that the Adjustment Factors from bidding Contractors should be greater than 1.000. However, it may be possible that Contractors may experience direct costs that are different than the unit prices shown in the CTC. As per JOC Contract, the only compensation to be paid to the Contractor for unit price tasks will be unit price X quantity X applicable Adjustment Factor.

JOC Pre-Bid FAQs

a. Sacramento County provides Economic Assistance (Preferences) according to Sacramento County Code 2.56.440. Note: For Construction Contracts such as JOCs are excluded from such preferences such as POP and DBE.

9. Contract Documents provide samples of Performance Bond and Payment Bond. Is there a sample for Bidder's Bond?

a. There is not a sample of Bidder's Bond in the Contract Documents. Your admitted surety insurer can provide you with a Bid Guarantee in the form of a Bidder's Bond. Note: There are other Bid Guarantees that are acceptable to accompany with your Bid such as cash, certified check, or cashier's check. See Mods to Std Constr Specs, 2-11, Bid Guarantee.

10. Sometimes when a JOC Contractor provides the Agency with a price proposal, and the Contractor does not get the work. Why is that?

a. In JOC, occasions ought to be rare where price proposals are not accepted. The Agency makes good faith efforts to order work during the term of the JOC. However, the following are some reasons why a price proposal may not be accepted:

1. Incomplete proposal. A Proposal includes not only a price proposal, but other required items from the Request for Proposal such as Subcontractor list and construction schedule.

2. More economical alternative mean(s) and method(s) are available.

3. Inconsistencies in a proposal. (e.g. Temporary fencing rental for 18 months versus construction duration is 100 days.)

4. Proposed costs exceed Agency's estimate. (Refer to State Contract

Act, Public Contract Code 10125: contracts shall not be made exceeding in amount of estimated costs).

5. Non-comformance with codes and standards. Nothing in JOC is to be construed to permit work that does not comply with applicable standards and regulations.

The above not a complete list. Rather, It is beneficial to focus on following the JOC program and procedures (e.g. unit price x quantity x applicable adjust factor), this almost always leads to a Contractor receiving Notice to Proceed for the Contractor's proposal.

[References: Mods to Std Constr Specs, 4-1, 4-3, 4-5.04, 4-5.05, Using the CTC]

11.

JOC Pre-Bid FAQs

What happens if there is a tie between bids?

a. In the history of the JOC Program, there has never been a tie between bids (no cases of bids being same and lowest). However, in case of a tie, Public Contract Code 22038 (b) states If two or more bids are the same and the lowest, the public agency may accept the one it chooses. Also, the Agency reserves the right to waive irregularities in a Bid and to make an award in the best interest of the Agency (Refer to Mods to Std Constr Specs, 2-14, Rejection of Bids).

EG: 23JUN2022

12. Notice to Contractors says license classification to perform the work of this JOC is A, B.

May General Class A license only or General Class B license only bid the work?

a. Refer to Business and Professions Code (BPC) 7059. The anticipated Task Orders for these JOCs may require General Class A license (such as grading and paving) and General Class B license (such as office building remodeling). When work to be performed outside of one's license specialty, it shall be performed by a licensed subcontractor in compliance with Subletting and Subcontracting Fair Practices Act (Public Contract Code, PCC 4100).