Procurement Policy for Professional and Construction Services

1. Purpose

This Procurement Policy for Professional and Construction Services (“Policy”) promotes operational efficiency at the University of Florida (“UF”) by establishing the policies generally applicable to the procurement of Professional Services and Construction Services by the university (including any component of the university), as permitted by Florida Board of Governors Regulation 14.006, as amended from time to time.

2. Applicability

This Policy applies to all entities that contract with the UF Board of Trustees as its signatory as well as UF’s affiliated practice plans. To the extent any portion of this Policy conflicts with other university rules, policies, or procedures, this Policy shall control.

3. Definitions

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

3.2. Competitive Solicitation: A written solicitation announcing the need for Professional Services or 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, including construction management and design-build services.

3.4. Continuing Contract: A contract with a Qualified Vendor to provide Professional Services or Construction 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.

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

3.6. 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.

3.7. 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.

3.8. Professional Services: Architectural, engineering, surveying, commissioning agent, or other professional services provided in connection with a planning, design, or construction project.

3.9. Project Contract: A contract with a Qualified Vendor to provide Professional Services or Construction Services to the university for the project(s) described therein.

3.10. Qualified Vendor: A Vendor 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.

3.11. Vendor: A contractor; an engineer, architect, surveyor, commissioning agent, or other professional services provider; a design-builder; or a construction manager who desires to provide, as applicable, Professional Services or Construction Services to the university.

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

4. Policy Statement

4.1. Vendor Selection for Professional and Construction Services

Vendors must be selected for Contracts as follows:

1. For Professional Services, under UF’s Professional Selection Policy.
2. For Construction Services to be provided by a construction manager, under UF’s Construction Manager Selection Policy.
3. For Construction Services to be provided by a design-builder, under UF’s Design-Builder Selection Policy.
4. For all other Construction Services, under UF’s Contractor Selection Policy.

Each procurement of Professional Services or Construction Services must also comply with the general requirements of this Policy.

4.2. Contract Specifications

4.2.1. A Contract for Professional Services must contain a description of the professional services to be provided. A Contract for Construction Services must contain the drawings, basis of design, or description, as applicable, of the work to be done, including a description of any material to be furnished. Each Contract must also contain the schedule by which the Professional Services or Construction Services are to be completed, the time and method by which payments are to be made, and the consequences to the Vendor for a failure to comply with the terms of the Contract. The Contract may, but need not, provide an incentive for early completion. In the case of Professional Services or Construction Services provided under Continuing Contract, the foregoing requirements will apply on a project-by-project basis.

4.2.2. If a Contract for Professional Services or Construction Services requires funds appropriated by the State of Florida and is for a period exceeding one fiscal year, the Contract must include language to the following effect: “The State of Florida and the [university’s] performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature.”

4.2.3. Each Contract for Professional Services or Construction Services must contain the following prohibition against contingent fees and permit the university to terminate the Contract without liability and recover any damages on account of a violation thereof: “[Vendor] warrants that [Vendor] has not employed or retained any person to solicit or secure this Contract and that [Vendor] has not paid or agreed to pay any person any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Contract.”

4.2.4. Where the Qualified Vendor will be acting on behalf of the university, the Contract should include language to the following effect: “IF THE [VENDOR] HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE [VENDOR’S] DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (telephone number, e-mail address, and mailing address).”

4.2.5. The university may require the Qualified Vendor to provide a truth-in-negotiation certificate stating that wage rates and other unit costs supporting the compensation under the Contract are accurate, complete, and current at the time of contracting. Any Contract under which such a certificate is required must contain a provision that the original Contract price and any additions thereto will be adjusted to exclude any sums by which the university determines the Contract price was increased due to an inaccurate certificate. All such adjustments must be made within 1 year following the end of the term of the Contract.

4.3. Vendor Bond Requirements for Contracts for Construction Services

As a condition to the efficacy of any Contract for Construction Services valued at more than $200,000, the Vendor who is party to the Contract must provide the university with a performance and payment bond in an amount equal to 100% of the Contract value or in such other amount as is required by Section 255.05, Florida Statutes, whichever is less. For purposes of determining the bond amount, the value of the Contract will be the total amount to be paid by the university under the Contract for the entire term, including any renewal terms as though such renewals had been exercised. A Vendor providing Construction Services under a Contract valued at $200,000 or less, or for which a bond is otherwise not required under Section 255.05, Florida Statutes, will not be required to provide a payment and performance bond. For clarity, a Vendor will not be required to provide a bond under a Contract for Professional Services.

4.4. Notice and Protest

The notice and protest procedures set forth in Florida Board of Governors Regulation 18.002 are applicable to the procurement of Professional Services and Construction Services.

4.5. Vendors Excluded from Competition

To ensure objective Vendor performance and eliminate unfair competitive advantage, a Vendor may not compete in a procurement for a project if the Vendor:

1. Developed or drafted specifications, requirements, statements of work, or design criteria for the project, including for a proposed Competitive Solicitation for the project;
2. Served as a consultant for the development of any specifications, requirements, statements of work, or design criteria for the project, including for a proposed Competitive Solicitation for the project; or
3. Provided Professional Services or Construction Services for any component of the project, including to define the scope or nature of the project.

4.6. Ethics Requirements

All persons participating in the announcement, Competitive Solicitation, selection, or Negotiation process for any Construction Services or Professional Services procurement must follow all applicable ethical standards, including the Code of Ethics for Public Employees, Chapter 112, Part III, Florida Statutes, University Regulation 1.011 (Disclosure and Regulation of Outside Activities and Financial Interests), and University Regulation 1.0104 (Ethics Policy). All such individuals must disclose any potential conflicts of interest and must recuse themselves when appropriate to ensure an impartial and transparent procurement process. It is a breach of ethical standards for any university employee to accept, solicit, or agree to accept a gratuity of any kind, form, or type in connection with any Contract for Construction Services or Professional Services. It is also a breach of ethical standards for any Vendor to offer any university employee a gratuity of any kind, form, or type to influence the development of a Contract or potential Contract for Construction Services or Professional Services.

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

4.8. 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 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 1.011, Disclosure and Regulation of Outside Activities and Financial Interests
• University Regulation 1.0104, University of Florida Ethics Policy
• University Regulation 3.074, Construction; Evaluations of Professional Services Providers, Design-Builders, Construction Managers and Contractors; Disqualification Procedure
• University Contractor Selection Policy
• University Construction Manager Selection Policy
• University Design-Builder Selection Policy
• University Professional Selection Policy

History