Contractor Selection

1. Purpose

This Contractor Selection Policy (“Policy”) promotes operational efficiency at the University of Florida (“UF”) by establishing the process by which Contractors who desire to provide Construction Services to the university (including any component of the university) are selected to enter into Contracts for projects that do not require construction management or design-build services, as permitted by Florida Board of Governors Regulation 14.006, 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 Services for projects that do not require construction management services or design-build services, as well as new all Continuing Contracts for such Construction Services, in compliance with this Policy. Further, the university must use a Competitive Solicitation process to procure such Construction Services for projects with estimated costs or fees exceeding $150,000. If the project will require construction management services, refer to the Construction Manager (CM) Selection Policy instead. If the project will require design-build services, refer to the Design-Builder Selection Policy instead. 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 Contractor to a Competitive Solicitation.

3.2. Competitive Solicitation: A written solicitation announcing the need for Construction 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 Services: Contractual services provided in connection with a pre-construction, maintenance, repair, alteration, remodeling, renovation, construction, or demolition project.

3.4. Continuing Contract: A contract with a Contractor to provide Construction Services as and when requested by the university for one or more projects that may arise during the term of the contract, excluding any projects that require construction management or design-build services. No individual project under a Continuing Contract may exceed the limits set by Law.

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

3.6. Contractor: A contractor who desires to provide Construction Services to the university, but not as a construction manager or design-builder.

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 Contractor to provide Construction Services to the university for the projects described therein, which may not include any projects that requires construction management or design-build services.

3.12. Qualified Vendor: A Contractor 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 Contractors 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.

4.2. Eligibility and Prequalification

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

4.2.1. Eligibility Requirements. To be qualified to enter into a Contract with the university, every Contractor 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 Contractor to demonstrate its capability to provide the needed Construction Services.

If any Contractor 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 Contractor is not a Qualified Vendor and is not eligible for a Contract with the university.

4.3. Procurement Without Competitive Solicitation

Where a Competitive Solicitation is not required, the university may procure Construction Services from any Qualified Vendor, including 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 Services that are provided under an existing Continuing Contract, Competitive Solicitations for Construction Services to be provided by Contractors for projects that do not require construction management or design-build services must be conducted: (a) for projects that require an expenditure exceeding $150,000 by the university; or (b) as otherwise desired by the university. Such Competitive Solicitations are to be conducted through the process described in Sections 4.5 through 4.10 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 Services for projects that do not require construction management or design-build services, UF’s Board of Trustees or its designee will appoint a Selection Committee to serve throughout the Competitive Solicitation.

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 Contractor 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 Contractors or host a meeting for interested Contractors to discuss the Competitive Solicitation process.

4.7. Eligibility Determination for Contractors in Competitive Solicitation

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

4.8. Evaluation of Contractors 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 project-specific factors that may include price, quality, site logistics, experience, and workmanship. For clarity, if so specified in the Competitive Solicitation announcement, price may be the only factor considered.

4.8.2. Shortlist for Project Contracts. For a Project Contract, the Selection Committee will evaluate the Competitive Responses from Qualified Vendors using the evaluation criteria specified in the Competitive Solicitation announcement and, as applicable to the project: (a) select the best value Competitive Response received from a Qualified Vendor and refer such Qualified Vendor to the Negotiator for Negotiation of and possible entry into a Contract; or (b) prepare a shortlist of Contractors for further evaluation, including at least one Contractor who has not provided Construction Services to the university within the preceding three years, if any.

4.8.3. Continuing Contracts. For a Continuing Contract for Construction Services, the Selection Committee will evaluate the Competitive Responses from Qualified Vendors using the evaluation criteria specified in the Competitive Solicitation announcement and prepare a shortlist of Contractors for further evaluation, including at least one Contractor who has not provided Construction Services to the university within the preceding three years, if any. If the Selection Committee determines that further evaluation is not necessary, Continuing Contracts may be entered into with each Qualified Vendor on the shortlist.

4.8.4. Additional Presentation to and Evaluation by Selection Committee. Where appropriate for the project, the Competitive Solicitation announcement may require the shortlisted Qualified Vendors to present their Competitive Responses or other qualifications to the Selection Committee. In such cases, PD&C will schedule the presentations to the Selection Committee. Upon conclusion of the presentations, the Selection Committee will re-rank all the shortlisted Qualified Vendors based on: (a) their shortlist scores; and (b) the quality of their presentations, with each component weighed equally unless otherwise specified in the Competitive Solicitation announcement.

4.8.5. Adjustment Required by Law. The final scores and ranking of Qualified Vendors will be adjusted to the extent necessary to accommodate any preference required by Florida Board of Governors Regulation 18.001(3). PD&C will provide the final, ranked list of Qualified Vendors to the Negotiator for Negotiation of and possible entry into a Contract. However, the final list provided to the Negotiator need not include all ranked Contractors.

4.9. Negotiation of Contract

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

4.9.2. Contractor 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 Contractor will be deemed unqualified, and Negotiation may be initiated with another eligible Qualified Vendor.

4.9.3. Compensation. All compensation paid under any Negotiated Contract must be fair, competitive, and reasonable, with due consideration of the type, complexity, and scope of the Construction Services and of the project.

4.9.4. 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.

4.9.5. 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 Services being rendered by the Contractor, and purchase orders will be issued as appropriate under each such Contract.

4.10. Notice of Decision

Where Construction 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).

4.11. 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 Services. The decision of the VP or their designee is final.

4.12. 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 14.006, Educational Facilities Contracting and
• Construction Techniques
• 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 Construction Manager Selection Policy
• University Design-Builder Selection Policy
• University Procurement Policy for Professional and Construction Services
• University Professional Selection Policy

History