                                 CODE OF VIRGINIA

JOB ORDER CONTRACTING; LIMITATIONS (§ 2.2-4303.2)

A. A job order contract may be awarded by a public body for multiple jobs,
provided (i) the jobs require similar experience and expertise, (ii) the nature
of the jobs is clearly identified in the solicitation, and (iii) the contract is
limited to a term of one year or when the cumulative total project fees reach
the maximum authorized in this section, whichever occurs first. Contractors may
be selected through either competitive sealed bidding or competitive
negotiation.

B. Such contracts may be renewable for three additional one-year terms at the
option of the public body. The fair and reasonable prices as negotiated shall be
used in determining the cost of each job performed, and the sum of all jobs
performed in a one-year contract term shall not exceed the maximum threshold
amount.
			Beginning on July 1, 2024, the maximum threshold amount shall be $10 million.
			Subject to the maximum threshold amount, no individual job order shall exceed
$1 million.

C. For the purposes of this section, any unused amounts from one contract term
shall not be carried forward to any additional term.

D. Order splitting with the intent of keeping a job order under the maximum
dollar amounts prescribed in subsection B is prohibited.

E. No public body shall issue or use a job order, under a job order contract,
solely for the purpose of receiving professional architectural or engineering
services that constitute the practice of architecture or the practice of
engineering as those terms are defined in &#xA7; 54.1-400. However, professional
architectural or engineering services may be included on a job order where such
professional services (i) are incidental and directly related to the job, (ii)
do not exceed $25,000 per job order, and (iii) do not exceed $75,000 per
contract term.

F. Job order contracting shall not be used for construction, maintenance, or
asset management services for a highway, bridge, tunnel, or overpass. However,
job order contracting may be used for safety improvements or traffic calming
measures for individual job orders up to $250,000, subject to the maximum annual
threshold amount established in this section.

HISTORY: 2015, cc. 760, 776; 2019, cc. 171, 286; 2024, c. 60.