IIBEC Leaders Oppose Flawed California Procurement Legislation

by John Boling

In a letter to state legislators, IIBEC stated its opposition to California Assembly Bill 846 that would extend for five years the job order contracting (JOC) authorization for school and community college districts.  JOC is a procurement method where buyers select a construction service based on price, and, according to IIBEC, it has numerous structural problems and should not be used for complex construction projects.

By sending this letter, IIBEC became the only organization officially on record opposing the JOC extension in the legislation. This letter is a signal to all members that IIBEC will continue to advocate on their behalf as we advance the building enclosure profession.

—Brian Pallasch, IIBEC executive vice president and CEO

The June 1, 2021, letter outlines the structural flaws inherent to JOC:

• Price should never be used as the primary determinant for design services on public construction projects.
• This procurement method inhibits competition.
• Small and disadvantaged businesses are unable to compete for these projects.
• The JOC method circumvents architectural and engineering judgment, and lacks transparency.

IIBEC executive vice president and CEO Brian Pallasch, CAE, was joined by Region V director Szymon Zienkiewicz, RRC, RRO, PE, Northern California Chapter president David Markman, PE, and, Southern California Chapter president Arturo Ortiz, Jr., in signing the letter to legislators on the California Assembly Committee on Education and the Committee on Appropriations.

While California has a mini-Brooks Act on the books, JOC has been found, repeatedly, to allow the sidestepping of qualification-based selection procedures for architecture and engineering services. The letter requests that the legislators include a specific prohibition in the JOC authorizing statute that would exclude architecture and engineering services from being offered.

IIBEC Director of Government Relations John Boling

Boling joined IIBEC in early 2021. He focuses on increasing IIBEC’s influence on federal, state, provincial, and local public policy, helping shape codes and standards, expanding IIBEC’s influence in the building industry, and increasing the relevance and value of IIBEC’s policy positions. You can reach him at jboling@iibec.org.