Professional Selection

1. Purpose

This Professional Selection Policy (“Policy”) promotes operational efficiency at the University of Florida (“UF”) by ensuring that Professional Services Providers who desire to provide Professional 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 UF’s affiliated practice plans. The university must procure all Professional Services, as well as new Continuing Contracts for Professional Services, in compliance with this Policy. Further, the university must use a Competitive Solicitation process to procure Professional Services in at least the following situations:

1. for every Contract for a project with estimated construction costs exceeding $250,000, except where the university secures the Professional Services under an existing Continuing Contract;
2. for every Contract for a planning or study activity where the fees exceed $50,000, except where the university secures the Professional Services under an existing Continuing Contract; and
3. for every new Continuing Contract for Professional Services.

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 Professional Services Provider to a Competitive Solicitation.

3.2. Competitive Solicitation: A written solicitation announcing the need for Professional 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. Continuing Contract: A contract with a Professional Services Provider to provide Professional 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.

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

3.5. 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.

3.6. 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.

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

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

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

3.10. Professional Services Provider: An engineer, architect, surveyor, commissioning agent or other professional services provider who desires to provide Professional Services to the university.

3.11. Project Contract: A contract with a Professional Services Provider for the project(s) described therein.

3.12. Qualified Vendor: A Professional Services Provider 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 Professional Services Provider in a Competitive Solicitation conducted in accordance with this Policy.

3.14. Special Interest Project: A project undergoing a Competitive Solicitation that has an anticipated project budget of more than $50 million or that the VP or their designee otherwise designates as a project in which the university has a special interest.

3.15. 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 Professional Services Provider is a Qualified Vendor.

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

If any Professional Services Provider 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 Professional Services Provider 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 Professional 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 Professional Services that are provided under an existing Continuing Contract, Competitive Solicitations for Professional Services must be conducted: (a) for a Contract for a project with estimated construction costs exceeding $250,000; (b) for a Contract with fees exceeding $50,000 for a planning or study activity; (c) for new Continuing Contracts for Professional Services; and (d) as otherwise desired by the university. 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 Professional 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 Professional Services Providers; or (2) education in construction, engineering, architecture, or a related discipline. Additionally, two of the Selection Committee members must be: (a) the University Architect 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 Professional Services Provider 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 Professional Services Providers or host a meeting for interested Professional Services Providers to discuss the Competitive Solicitation process.

4.7. Eligibility Determination for Professional Services Providers in Competitive Solicitation

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

4.8. Creation of Shortlist of Professional Services Providers 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, design, experience, and workmanship.

4.8.2. Shortlist for Project Contract. For a Project Contract for Professional Services, the Selection Committee will evaluate the Competitive Responses from Qualified Vendors and prepare a shortlist of Professional Services Providers for further evaluation, including at least one Professional Services Provider who has not provided Professional 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 a Continuing Contract for Professional Services, the Selection Committee will evaluate the Competitive Responses from Qualified Vendors and prepare a shortlist of Professional Services Providers for further evaluation, including at least one Professional Services Provider that has not provided Professional 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).

4.8.5. Commissioning Agent Procedures. Where the Professional Services constitute commissioning agent services, the Selection Committee need not conduct additional evaluations or presentations. Rather, the shortlist will be ranked and will be deemed to be the final, ranked list of Professional Services Providers to be used for Negotiation after approval by the Board of Trustees or its designee under Paragraph 4.9.5.

4.9. Professional Services Provider Presentation Process in Competitive Solicitation

4.9.1. Special Interest Project Requirements. Upon creation of the shortlist for a Special Interest Project, each Professional Services Provider on the shortlist must satisfy the following requirements before its presentation to the Selection Committee:

4.9.1.1. Occupant Meetings. PD&C will coordinate with each Professional Services Provider to schedule meetings with groups that have a particular interest in the project, such as the Dean, Vice President, or other representative(s) of the anticipated occupants of the project (but excluding any member of the Selection Committee). PD&C will identify and select the groups with which the Professional Services Providers will meet for a project. Feedback from the meetings may be shared with the Selection Committee.

4.9.1.2. Additional Design Requirements. PD&C, in cooperation with UF’s Board of Trustees or its designee, will establish any additional design requirements to be satisfied by each Professional Services Provider, as well as the deadlines for the preparation of any such additional design requirements. The additional design requirements will be based on the specific requirements for the project and may, but need not, include renderings, architectural plans, elevations, and models. UF’s Board of Trustees or its designee may, but need not, provide a stipend to each Professional Services Provider to assist the Professional Services Provider with satisfying the additional design requirements.

4.9.2. Selection Committee Presentation. Every Professional Services Provider on the applicable shortlist will present its Competitive Response and, in the case of a Special Interest Project, any additional design requirements to the Selection Committee. PD&C will schedule the presentations to the Selection Committee.

4.9.3. Project Fee Analysis. Every Professional Services Provider on the shortlist for a specified project must submit its total design fee to PD&C at least one week prior to its presentation to the Selection Committee. PD&C will provide a fee analysis to the Selection Committee.

4.9.4. Final Professional Services Provider Evaluation. Upon conclusion of the presentations by the applicable shortlisted Professional Services Providers, the Selection Committee will evaluate the Competitive Responses and presentations by the Professional Services Providers and prepare a revised ranked list of all the shortlisted Professional Services Providers using the following rubric:

Final Professional Services Provider Evaluation Rubric (out of 100 points):

• 0-50 points Competitive Response Evaluation Score Divided by 2
• 0-50 points Presentation, including, as applicable, Additional Design Requirements, Meeting Feedback, and Fee Analysis

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. Recommendation to Board of Trustees. The Selection Committee will provide a final, ranked list of Professional Services Providers to the Board of Trustees or its designee for its review, which need not include all Professional Services Providers 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 Professional Services Providers 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 Professional Services, including price, terms, and conditions, with Qualified Vendors as and when required under this Policy.

4.10.2. Professional Services Provider 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 Professional Services Provider will be deemed unqualified, and Negotiation may be initiated with another eligible Qualified Vendor.

4.10.3. 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 Professional Services and of the project. Where appropriate, the compensation may be Negotiated based on the university’s (or, if none, the Department of Management Services’) approved fee schedule.

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

4.11. Notice of Decision

Where Professional 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 Professional 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 Construction Manager Selection Policy
• University Contractor Selection Policy
• University Design-Builder Selection Policy
• University Procurement Policy for Professional and Construction Services

History