9.4 Capital Project Authorization, Procurement, and Contracting
9.4.1 Authorization by Board of Regents
All new buildings, major renovation, rehabilitation, or other projects, except routine maintenance, involving the campus or buildings of a àËÅöÊÓƵ (àËÅöÊÓƵ) unit using funds from any source shall require authorization by the Board of Regents and shall be implemented in accordance with procedures established under the direction of the àËÅöÊÓƵ chief facilities officer.
The àËÅöÊÓƵ chief facilities officer is authorized to act, without prior approval of the Board of Regents, in the authorization of projects on behalf of the Board of Regents that are in accordance with the accepted campus master plan;, provided, however, that the authority so delegated shall be for projects that do not exceed the sum of $1,000,000 in initial construction costs.
The àËÅöÊÓƵ chief facilities officer may delegate any or all of the above authority, in accordance with Board of Regents policies, procedures, and guidelines, to individual àËÅöÊÓƵ institution presidents based upon an evaluation by the Chancellor or àËÅöÊÓƵ chief facilities officer of the ability of the institution to properly administer the delegated authority. Delegated authority may be withdrawn at the discretion of the Chancellor or the àËÅöÊÓƵ chief facilities officer.
9.4.2 Project Delivery Methods
The Board of Regents shall use appropriate construction delivery methods in accordance with the State Construction Manual and current industry practices. The àËÅöÊÓƵ chief facilities officer is responsible for developing related procedures and guidelines.
9.4.3 Contracting Authority
When qualifications-based selection (QBS) is used, and unless otherwise provided by these policies, the Chancellor and the àËÅöÊÓƵ chief facilities officer has authority to act as the contracting officer on behalf of the Board of Regents for construction and professional service contracts, including but not limited to architectural and engineering contracts, amendments, and change orders that do not exceed the sum of $5,000,000 for any one contractual obligation. When QBS is used for projects with an initial construction cost that exceeds $5,000,000, Board approval of the firm rankings is required prior to appointment of the professionals and execution of the construction contracts and related professional service contracts.
The Chancellor and the àËÅöÊÓƵ chief facilities officer is further authorized to act, on behalf of the Board of Regents and without prior approval of the Board of Regents, in a bid award of previously authorized construction projects.
The Chancellor or the àËÅöÊÓƵ chief facilities officer may delegate any or all of the above authority, in accordance with Board policies, and procedures and guidelines, to individual àËÅöÊÓƵ institutions based upon an evaluation by the Chancellor or the àËÅöÊÓƵ chief facilities officer of the ability of an institution to properly administer the delegated authority. Delegated authority may be withdrawn at the discretion of the Chancellor or the àËÅöÊÓƵ chief facilities officer.
The Chancellor and the àËÅöÊÓƵ chief facilities officer may execute documents and take or cause to be taken other actions that, in the judgment and reasonable discretion of such officials, may be necessary, proper, convenient or required in connection with the execution and delivery of such instruments, documents, or writings in order to carry out the intent of authority delegated.
9.4.4 Professional Services Procurement
Professional consulting services related to new construction, renovation and infrastructure projects, including but not limited to architects, engineers, landscape architects, interior designers, program managers, and facilities planners, shall be procured in accordance with the Building Project Procedures Manual.
9.4.5 Construction Services Procurement
[Reserved]
9.4.6 Furniture, Fixtures, and Equipment
In connection with the development of a new or renovated facility at a àËÅöÊÓƵ institution, the cost of the purchase of new essential furniture, fixtures, or equipment required to place the facility in operation shall be included in the total project budget of the facility.
The purchase of instructional, administrative, operational, or maintenance equipment for use in a new facility shall be the responsibility of the àËÅöÊÓƵ institution. The Chancellor and his or her staff will support the institution in securing aid that may be available through special or restricted funds included in the total funds of the project other than bond funds to assist in the purchase of such equipment. Purchasing regulations for the procurement of furniture, fixtures, and equipment will be published in the Business Procedures Manual.
9.4.7 Required Reporting
The àËÅöÊÓƵ chief facilities officer shall report to the Board of Regents annually about design and construction-related contracting using qualifications-based selections.
9.4.8 Debarment
A design professional, consultant, or contractor may be debarred from performing any work in any capacity for the Board of Regents for up to five years from the date of determination by the Chancellor based on the recommendation by a hearing panel comprised of the àËÅöÊÓƵ chief facilities officer or his or her designee and two other members appointed by the àËÅöÊÓƵ chief facilities officer. Procedures for debarment shall be published under guidelines and procedures issued by the àËÅöÊÓƵ chief facilities officer.
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