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<regulation prefix="Regulation" num=".08" citation="COMAR 14.39.04.08" title_num="14" subtitle_num="39" chapter_num="04" heading="Job Order Contracting.">
  <paragraph num="A.">
    <text>In this regulation, the following term has the meaning indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Term Defined. “Job order contracting (JOC)” means a project delivery method in which the LEA selects a contractor through a competitive procurement process based on a multiplier or coefficient that:</text>
    <paragraph num="(1)">
      <text>Reflects the bidder's determination of the actual cost to perform the work plus overhead and profit; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Is applied to a fixed-price list of construction items and activities.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The fixed prices of the construction items and activities are defined by the LEA or through a standard project cost source.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The schedule of fixed prices may include a construction escalation factor for multiyear contracts.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Procurement and Award.</text>
    <paragraph num="(1)">
      <text>An LEA shall obtain a JOC through a competitive procurement process, whether or not the LEA intends to execute State-funded projects through the JOC.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The JOC may include extension clauses, but the State may not participate in a project executed under a JOC that:</text>
      <paragraph num="(a)">
        <text>Has more than three annual extensions; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Has been increased by change order above the maximum combined price indicated in the solicitation, including all potential extensions, except for changes of scope to individual projects already begun before completion of the final annual extension.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>When submitting a contract approval to the IAC, the LEA must acknowledge that the State is not responsible for any project cost overruns.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Approvals. If an LEA intends to execute a State-funded project through a JOC, it:</text>
    <paragraph num="(1)">
      <text>Shall provide the IAC or its designee with a brief description of the anticipated scope of work, the duration of the JOC contract, the number of annual extensions, and the maximum combined cost of the projects to be performed under the JOC;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Shall submit the project for design review prior to the start of construction [shall be required] if it would be required for similar project funded through the same State funding program;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>May reference an earlier approval and the JOC solicitation if approval is requested for a project to be executed through a JOC under which a State-funded project was previously approved, but is not required to resubmit all relevant information;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Shall obtain approval of contract award, reimbursement, or both, in the manner and timeframe required for all projects funded under the relevant program;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Shall, for design-build JOC projects, clearly indicate on the request for approval of contract award or for reimbursement those portions of the project cost that are associated with preconstruction activities in order to allow the IAC or its designee to determine which costs are eligible for State reimbursement;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Shall include in the total construction cost allowable preconstruction services, as determined by the IAC; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Shall acknowledge that final adjustment of the State’s participation will be made at project closeout.</text>
    </paragraph>
  </paragraph>
</regulation>