Construction Manager Selection

1. Purpose

This Construction Manager (CM) Selection Policy (“Policy”) promotes operational efficiency at the University of Florida (“UF”) by ensuring that Construction Managers who desire to provide Construction Management Services to the university (including any component of the university) are selected to enter into Contracts in compliance with Florida Board of Governors Regulation 14.008, as amended from time to time, and UF’s Procurement Policy for Professional and Construction Services.

2. Applicability

This Policy applies to all entities that contract with the UF Board of Trustees as its signatory as well as the UF’s affiliated practice plans. The university must procure all Construction Management Services, as well as all new Continuing Contracts with Construction Managers, in compliance with this Policy. Further, the university must use a Competitive Solicitation process to procure Construction Management Services unless the university secures the Construction Management Services under an existing Continuing Contract. To the extent any portion of this Policy conflicts with other university rules, policies, or procedures, this Policy will control.

3. Definitions

3.1. Competitive Response: The response submitted by a Construction Manager to a Competitive Solicitation.

3.2. Competitive Solicitation: A written solicitation announcing the need for Construction Management Services, which may take the form of a request for statements of qualifications, an invitation to bid, a request for proposal, or an invitation to negotiate.

3.3. Construction Manager: A contractor or professional services provider who desires to provide Construction Management Services to the university.

3.4. Construction Management Services: Contractual services provided in connection with management and coordination of an entire pre-construction, maintenance, repair, alteration, remodeling, renovation, construction, or demolition project.

3.5. Continuing Contract: A contract with a Construction Manager to provide Construction Management Services as and when requested by the university for one or more projects that may arise during the term of the contract. No individual project under a Continuing Contract may exceed the limits set by Law.

3.6. Contract: A Project Contract or a Continuing Contract.

3.7. Law: Applicable statutes of the United States or the State of Florida, including regulations promulgated thereunder, and applicable regulations promulgated by the Florida Board of Governors, all as amended from time to time.

3.8. Negotiate (and all its forms): To conduct arm’s length deliberations, discussions, or conferences to reach an agreement the specifications, terms, and conditions of a proposed Contract.

3.9. Negotiator: The President, or the President’s designee, who Negotiates a proposed Contract with a Qualified Vendor.

3.10. PD&C: UF’s Department of Planning, Design & Construction.

3.11. Project Contract: A contract with a Construction Manager for the project(s) described therein.

3.12. Qualified Vendor: A Construction Manager who satisfies all eligibility requirements under Law and of the university, as well as any additional prequalification requirements of the university, and, where applicable, whose Competitive Response conforms in all material respects to the Competitive Solicitation.

3.13. Selection Committee: The committee responsible for selecting a Construction Manager in a Competitive Solicitation conducted in accordance with this Policy.

3.14. VP: The Vice President for Construction, Facilities, and Real Estate.

4. Policy Statement

4.1. General Procurement Requirements

Each procurement under this Policy must also comply with the general requirements of UF’s Procurement Policy for Professional and Construction Services. In determining whether Construction Management Services are appropriate for a project, the President or the President’s designee will assess whether: (1) the project is of sufficient size and complexity to make retention of a Construction Manager advantageous; and (2) timely completion of the project is critical to the university’s ability to repay debt service or to meet grant obligations.

4.2. Eligibility and Prequalification

The university will only enter into Contracts with Qualified Vendors. PD&C will determine whether each Construction Manager is a Qualified Vendor.

4.2.1. Eligibility Requirements. To be qualified to enter into a Contract with the university, every Construction Manager must:

1. hold all applicable professional licenses required by the State of Florida and be in good standing under each of those licenses;
2. if an entity, be legally constituted and in good standing in the State of Florida or, if not domiciled in Florida, hold a current and active foreign qualification authorization to do business in the State of Florida;
3. not be disqualified under University Regulation 3.074;
4. not have been convicted of a violation of any Law in the transaction of business with any governmental authority involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation within the 36 months preceding the Competitive Response submission deadline; and
5. Provide evidence of satisfactory insurance coverage, as determined by PD&C.

4.2.2. Prequalification Requirements. Prequalification requirements for a project may be specified in a Competitive Solicitation announcement or may be otherwise required by the university and may require a Construction Manager to demonstrate its capability to provide the needed Construction Management Services.

If any Construction Manager does not satisfy all applicable eligibility or prequalification requirements or does not timely provide all information required to demonstrate compliance with such requirements to the satisfaction of PD&C, the Construction Manager is not a Qualified Vendor and is not eligible for a Contract with the university.

4.3. Procurement Without Competitive Solicitation

A Competitive Solicitation is not required where the Construction Management Services may be provided under an existing Continuing Contract. Further, in documented cases of emergency, the requirements of this Policy may be waived, and the Negotiator may Negotiate with any Qualified Vendor selected by the Negotiator in the best interest of the university.

4.4. Procurement by Competitive Solicitation

4.4.1. Required Competitive Solicitations. Except for Construction Management Services that are provided under an existing Continuing Contract, Competitive Solicitations must be conducted for all new Project Contracts and Continuing Contracts for Construction Management Services. Such Competitive Solicitations are to be conducted through the process described in Sections 4.5 through 4.11 below.

4.4.2. Receipt of One Competitive Response. When the university receives only one Competitive Response from a Qualified Vendor in response to a Competitive Solicitation, the university may elect, as determined in the best interest of the university, to conduct a second Competitive Solicitation or to proceed with Negotiation based on the received Competitive Response.

4.4.3. Rejection of All Responses. If the Selection Committee determines that it is in the best interest of the university, all Competitive Responses may be rejected, and another Competitive Solicitation may be conducted.

4.5. Appointment of Selection Committee for Competitive Solicitation

When the university desires to conduct a Competitive Solicitation for Construction Management Services, UF’s Board of Trustees or its designee will appoint a Selection Committee to serve throughout the Competitive Solicitation. The Selection Committee must have at least three members, the majority of whom must have demonstrable: (1) experience in the selection of Construction Managers; or (2) education in construction, engineering, architecture, or a related discipline. Additionally, two of the Selection Committee members must be: (a) the University Director of Construction or their designee; and (b) a facilities professional who is affiliated with the university, but who need not be an employee.

4.6. Announcement of Competitive Solicitation

For each Competitive Solicitation, PD&C will prepare and publish an announcement for the Competitive Solicitation on the PD&C website. Each announcement must include at least the following:

1. A general description of the project;
2. An overview of the selection process, including the type of Competitive Solicitation; and
3. Applicable submission deadlines, including for eligibility and prequalification information.

The announcement may contain such other requirements and information as PD&C deems appropriate, such as expectations for timing and deliverables, project specifications, requests for information about the Construction Manager and its personnel, requests for references and representative projects, and an acknowledgement of the form of Contract. Following publication of the announcement, PD&C may, but need not, send copies of the announcement directly to prospective Construction Managers or host a meeting for interested Construction Managers to discuss the Competitive Solicitation process.

4.7. Eligibility Determination for Construction Managers in Competitive Solicitation

Following receipt of the Competitive Responses from interested Construction Managers, PD&C will review the submitted Competitive Responses to ensure each Construction Manager is a Qualified Vendor. PD&C will provide the list of Qualified Vendors to the Selection Committee.

4.8. Creation of Shortlist of Construction Managers in Competitive Solicitation

4.8.1. Evaluation Standard. Throughout the Competitive Solicitation process, the Selection Committee will evaluate the Qualified Vendors to determine which Qualified Vendor is expected to provide the best value to the university, i.e., the highest overall value to the university based on factors that include, but are not limited to, price, quality, experience, and workmanship.

4.8.2. Shortlist for Specified Project. For a Contract for Construction Management Services for a specified project, the Selection Committee will evaluate the Competitive Responses from Qualified Vendors and prepare a shortlist of Construction Managers for further evaluation, including at least one Construction Manager who has not provided Construction Management Services to the university within the preceding three years, if any. The Selection Committee will prepare the shortlist and rank each of the Qualified Vendors selected for the shortlist using the below rubric, or such other rubric as is specified in the Competitive Solicitation announcement.

Competitive Response Evaluation Rubric (out of 100 points):

• 0-30 points Quality of Experience and Representative Projects
• 0-30 points Qualifications of Proposed Personnel
• 0-40 points Satisfaction of Project Criteria, including Schedule, Budget, and Responses to any Project Specific Questions

4.8.3. Shortlist for Continuing Contract for Construction Management Services. For a Continuing Contract for Construction Management Services, the Selection Committee will evaluate the Competitive Responses from Qualified Vendors and prepare a shortlist of Construction Managers for further evaluation, including at least one Construction Manager that has not provided Construction Management Services to the university within the preceding three years, if any. The Selection Committee will prepare the shortlist and rank each of the Qualified Vendors selected for the shortlist using the below rubric, or such other rubric as is specified in the Competitive Solicitation announcement.

Competitive Response Evaluation Rubric (out of 100 points):

• 0-30 points Quality of Experience and Representative Projects
• 0-30 points Qualifications of Proposed Personnel
• 0-40 points Satisfaction of Continuing Contract Criteria and Responses to any Selection Specific Questions

4.8.4. Statutory Adjustment. The final scores will be adjusted to the extent necessary to accommodate any preference required by Florida Board of Governors Regulation 18.001(3).

4.9. Construction Manager Selection Process in Competitive Solicitation

4.9.1. Pre-Proposal Meetings. Once the shortlist is established, PD&C may arrange such question-and-answer opportunities, meetings, and workshops (which may include one-on-one meetings) with the shortlisted Qualified Vendors as may be appropriate to improve understanding of the project, the proposal requirements, and the needs of the university. The shortlisted Qualified Vendors may ask questions and receive informal responses during any one-on-one meetings, but may not rely on responses received during such meetings. The university reserves the right to disclose to all shortlisted Qualified Vendors any matters raised during any one-on-one meetings, except to the extent that the university determines, in its sole discretion, disclosure would impair the confidentiality of or would reveal a confidential business strategy of a Qualified Vendor. PD&C’s project manager or another designated individual will attend each such meeting to ensure all information necessary for the preparation of proposals is shared with all shortlisted Qualified Vendors. Materials distributed at any meeting will also be made available to all shortlisted Qualified Vendors on request. No member of the Selection Committee may attend or otherwise participate in any pre-proposal meetings.

4.9.2. Construction Management Proposals for Specified Project. Upon creation of the shortlist for a specified project, each Construction Manager on the shortlist will be invited to submit a proposal consisting of the following, as may be modified or further described in the Competitive Solicitation announcement:

1. Fee Estimates
   1. A proposal for General Conditions and General Requirements for the project;
   2. A proposed staffing plan, including line item costs;
   3. A fee proposal for the Construction Management Services to be provided, including for pre-construction services;
   4. A proposed contingency and escalation amount based on the Design Criteria Package Analysis required by clause (b) below; and
   5. Anticipated bond and insurance values, including subcontractor default insurance (SDI), for the project based on the Design Criteria Package Analysis required by clause (b) below.
2. Design Criteria Package Analysis
   1. An analysis of the Design Criteria Package provided by the university, including proposed design modifications if needed to satisfy the project budget; and
   2. A proposed schedule for completion of the project.

All components of the proposals must comply with university construction standards.

4.9.3. Construction Management Proposals for Continuing Contract for Construction Management Services. Upon creation of the shortlist for a Continuing Contract for Construction Management Services, each Construction Manager on the shortlist will be invited to submit a proposal as described in the Competitive Solicitation announcement. All components of the proposals must comply with university construction standards.

4.9.4. Selection Committee Presentation. The shortlisted Construction Managers will present their proposals to the Selection Committee, as scheduled by PD&C, and answer any questions the Selection Committee may have. Upon conclusion of the presentations and in consultation with PD&C, the Selection Committee will rank all the shortlisted Construction Managers. Each component of the proposals and presentations may be weighted based on the specifications and needs of the project, as specified in the Competitive Solicitation announcement for the project. If no evaluation standards are so specified, the proposals and presentations will be evaluated as follows:

Proposal Evaluation Rubric for Specified Project (out of 100 points):

• 0-40 points Qualifications and Technical Ability, including Project Understanding
• 0-25 points Proposed Schedule
• 0-15 points Site Logistics
• 0-20 points Financial Analysis

Proposals for Continuing Contract for Construction Management Services will be evaluated based on Qualifications and Technical Ability (out of 100 points).

The final scores will be adjusted to the extent necessary to accommodate any preference required by Florida Board of Governors Regulation 18.001(3).

4.9.5. Financial Analysis. Every Construction Manager on the shortlist for a specified project must submit any requested financial information to PD&C at least one week prior to its presentation to the Selection Committee. PD&C will provide a financial analysis to the Selection Committee.

4.9.6. Recommendation to Board of Trustees. The Selection Committee will provide a final, ranked list of Construction Managers to the Board of Trustees or its designee for its review, which need not include all Construction Managers who presented to the Selection Committee. After review of such list, the Board of Trustees or its designee will either, as determined in the best interest of the university, (a) direct that one or more Contracts be Negotiated with the Construction Managers selected and ranked by the Selection Committee, or (b) direct that the Competitive Solicitation be terminated and restarted.

4.10. Negotiation of Contract

4.10.1. Negotiation Mandate. The Negotiator will Negotiate Contracts for the provision of Construction Management Services, including price, terms, and conditions, with Qualified Vendors as and when required under this Policy.

4.10.2. Construction Manager Qualification to Negotiate. Prior to commencement of Negotiations with a Qualified Vendor, the Qualified Vendor must provide the following to PD&C by the deadline set by PD&C:

1. a letter of intent from a surety company that meets the standards set forth in the project specifications; and
2. proof of insurance that equals or exceeds the insurance required for the project.

If the Qualified Vendor is unable to timely provide any of the above documentation, the Construction Manager will be deemed unqualified, and Negotiation may be initiated with another eligible Qualified Vendor.

4.10.3. Compensation. The Negotiator will Negotiate the Contract to provide for a guaranteed maximum price on customary, commercially reasonable terms.

4.10.4. Negotiation Process. Where multiple Qualified Vendors are eligible for a Project Contract, the Negotiator may Negotiate with each Qualified Vendor in order of ranking to the extent necessary to secure a satisfactory Project Contract. Negotiations must be terminated with a Qualified Vendor before Negotiations are commenced with the next-highest-ranked Qualified Vendor. Should the Negotiator be unable to Negotiate a satisfactory Project Contract with any Qualified Vendor, Negotiations may be restarted by following the original order of ranking. All Negotiations may be terminated, and all bids or proposals may be rejected, at any point in the Negotiation process. If the Negotiator terminates all Negotiations, the Negotiator will refer the matter to PD&C to determine whether a new Competitive Solicitation should be initiated.

4.10.5. Contract Award and Execution. The Negotiator will award a Negotiated Contract if one can be successfully Negotiated. Contracts will consist of a bilateral agreement signed by the President or President’s designee prior to the Construction Management Services being rendered by the Construction Manager, and purchase orders will be issued as appropriate under each such Contract.

4.11. Notice of Decision

Where Construction Management Services are procured by Competitive Solicitation, PD&C will post the notice of decision or intended decision as prescribed by Florida Board of Governors Regulation 18.002(3).

4.12. Policy Violations

The VP or their designee is authorized to impose appropriate sanctions against those who fail to follow university regulations or policies. If a person violates this Policy, the VP or their designee may take any corrective action necessary to redress the violation, including, without limitation, suspending or revoking the person’s authority to request or procure Construction Management Services. The decision of the VP or their designee is final.

4.13. Questions

Any questions about how to interpret or apply this Policy should be directed to:

Planning, Design & Construction
245 Gale Lemerand
Gainesville, FL 32611-5050
https://facilities.ufl.edu/
(352) 273-4000
pdc@admin.ufl.edu

5. References and Related Information

• Florida Board of Governors Regulation 14.001, Construction Program Definitions
• Florida Board of Governors Regulation 14.007, Public Announcement Requirements
• Florida Board of Governors Regulation 14.008, Competitive Selection and Negotiation
• Florida Board of Governors Regulation 18.001, Procurement
• Florida Board of Governors Regulation 18.002, Notice and Protest Procedures for Protests Related to a University’s Contract Procurement Process
• Florida Board of Governors Regulation 18.003, Bonding Requirements
• University Regulation 3.074, Construction; Evaluations of Professional Services Providers, Design-Builders, Construction Managers and Contractors; Disqualification Procedure
• University Contractor Selection Policy
• University Design-Builder Selection Policy
• University Professional Selection Policy
• University Procurement Policy for Professional and Construction Services

History