Construction; Evaluations of Professional Services Providers, Design-Builders, Construction Managers and Contractors; Disqualification Procedure.

REGULATIONS OF THE
UNIVERSITY OF FLORIDA
 

3.074 Construction; Evaluations of Professional Services Providers, Design-Builders, Construction Managers and Contractors; Disqualification Procedure.

(1) Definitions.

(a) Construction Services – Contractual services provided in connection with a pre-construction, maintenance, repair, alteration, remodeling, renovation, construction, or demolition project.

(b) Contract – A Project Contract or a Continuing Contract.

(c) Continuing Contract – A contract with a 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.

(d) Evaluator – The President or President’s designee conducting an evaluation under this Regulation.

(e) Professional Services – Architectural, engineering, surveying, commissioning agent, or other professional services provided in connection with a planning, design, or construction project.

(f) Project Contract – A contract with a Vendor to provide Professional Services or Construction Services for the project(s) described therein.

(g) Vendor – A contractor, an engineer, architect, surveyor, or other professional services provider, a design-builder, or a construction manager who provides, as applicable, Professional Services or Construction Services to the University.

(2) Commencing two (2) months after the effective date of a Project Contract, the Vendor will be evaluated by the Evaluator on a project-by-project basis as follows:

(a) once per calendar year, on a staggered schedule established by the Evaluator, during the Project Contract term;

(b) upon completion of a project; and

(c) at any time, the University determines there has been a material change in the quality of the Vendor’s performance occurring during the Project Contract term.

(3) Commencing two (2) months after the effective date of a Continuing Contract, the Vendor will be evaluated by the Evaluator on all projects performed during the Continuing Contract term as follows:

(a) once per calendar year, on a staggered schedule established by the Evaluator, during the Continuing Contract term;

(b) upon completion of a project valued at more than Two Million and 00/100 Dollars ($2,000,000); and

(c) at any time the University determines there has been a material change in the quality of the Vendor’s performance during the Continuing Contract term.

(4) In conducting evaluations under subsection (2) and (3) of this Regulation, the Evaluator will utilize the evaluation system maintained by the University, as modified from time to time, and will consider any additional performance criteria that the Evaluator deems applicable to type of Vendor or project. In evaluating a Vendor, the Evaluator will consider such factors as present and historical quality of performance, adherence to project timeline and budget, and relationships with consultants, laborers, subcontractors, and suppliers (if any). Where appropriate, the Evaluator will permit a Vendor who is being evaluated to submit written documentation directly related to the Vendor’s performance of the applicable Professional Services or Construction Services. The University may, but need not, convene a disqualification committee to evaluate Vendor performance.

(5) Vendors will be provided with a copy of each completed evaluation and may appeal the evaluation in accordance with Chapter 120, Florida Statutes. If a Vendor does not timely appeal an evaluation, the evaluation will be final.

(6) The University may utilize the information gathered in its evaluation(s) to evaluate a Vendor’s qualifications to provide Professional Services or Construction Services on future University projects and to decide whether a Vendor should be disqualified from providing Professional Services or Construction Services at the University in the future.

(7) If the University determines, whether through the evaluation process or otherwise, that any Vendor is not providing satisfactory Professional Services or Construction Services to the University, the Evaluator will carefully review all facts and circumstances surrounding the unsatisfactory Professional Services or Construction Services and determine whether there is sufficient cause to warrant disqualification from participation on future University projects. Without limitation of the foregoing, legal action between the University and the Vendor that has commenced or is imminent shall constitute automatic grounds to entitle the Evaluator to disqualify the Vendor from providing future Professional Services or Construction Services to the University or to temporarily suspend the Vendor’s right provide future Professional Services or Construction Services to the University. The disqualification shall continue until the University is satisfied that the Professional Services or Construction Services of such Vendor will be, at least, satisfactory to the University. The Evaluator shall so notify the Vendor of the disqualification. The notice shall set forth specifically the grounds for disqualification and the right of the disqualified Vendor to request a hearing in accordance with Chapter 120, Florida Statutes. If a Vendor does not timely request a hearing, the disqualification will be final.

Authority: BOG Regulation 1.001, 14.008 and 18.001.
History: New 6-3-03, Formerly 6C1-3.074, Amended 6-8-12, 6-13-24.