UH System Policies and Procedures
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UH‐Related Laws and Rules
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Administrative Procedure 8.281 Administrative Procedure 8.281
TitleConstruction and Professional Services in Support of Construction
HeaderAdministrative Procedure Chapter 8, Business and Finance
Administrative Procedure AP8.281, Construction and Professional Services in Support of Construction
Effective Date: May 2017
Prior Dates Amended: NA
Responsible Office: Office of the Vice President for Administration
Review Date: April 2020
Notes of Revision/Approval Form: Attachment
I. Purpose and AuthorityThis Administrative Procedure sets forth the policy and procedures that govern University procurements of Construction and professional services in support of Construction. This includes delegation of authority, training requirements, methods of Construction and professional services procurement, contract administration and closeout. Under the authority of the President, this procedure outlines the management of Construction and professional services procurements through the Facilities and Contracts Office (FCO) which is a section of the Facilities Business Office (FBO) and the Office of Procurement and Real Property Management (OPRPM).
II. PolicyUniversity purchases of Construction and professional services in support of Construction shall ensure full and open competition and equitable treatment of potential sources in the procurement process by utilizing sound procurement procedures1 to ensure public funds are expended properly and in an ethical manner. 2
III. Executive SummaryThis procedure delegates authority and sets forth the process for procuring Construction and professional architecture and engineering services in support of University capital programs and facilities projects in a manner compliant with law.
IV. Definitions3“Campus Facilities Office” means the University of University of Hawai‘i at Hilo Facilities Planning and Construction Office; University of Hawai‘i, West O‘ahu Planning and Campus Operations Office; Community Colleges Facilities Planning and Construction Office; and the following University of Hawai‘i at Mānoa Offices: Office of Campus Operations and Facilities or Office of Project Delivery (Mānoa Facilities Offices), Student Housing Facilities Office, or Campus Center Facilities Office.
“Chief Procurement Officer” means the central procurement officer responsible for procuring or supervising the procurement of all goods, services, and Construction for their respective jurisdiction. The Chief Procurement Officer for the University of Hawai‘i is the President; provided that, for contracts for Construction and professional services furnished by licensees under chapter 464, the Administrator of the State Procurement Office (SPO) shall serve as the Chief Procurement Officer.4 The SPO Administrator has delegated procurement authority to the University President.5
“Construction” means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. The term includes the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property.
“Departmental Facilities Office” means a facilities office at the University of Hawai‘i that is not a Campus Facilities Office.
“FBO” means the Facilities Business Office which reports directly to the Vice President for Administration. The FBO oversees the Facilities and Contracts Office (FCO).
“FCO” means the Facilities and Contracts Office (FCO) which is overseen by the Facilities Business Office (FBO).
“OPRPM” means the Office of Procurement and Real Property Management.
“Professional services” means those services within the scope of the practice of architecture, landscape architecture, professional engineering, land surveying, real property appraisal, law, medicine, accounting, dentistry, public finance bond underwriting, public finance bond investment banking, or any other practice defined as professional by the laws of this State or the professional and scientific occupation series contained in the United States Office of Personnel Management's Qualifications Standards Handbook.6
“Department (or department)” means the department representative responsible for the project procurement and coordinating with FCO and/or OPRPM concerning the procurement, awarded contract, and post-award contract administration.
V. Delegation of AuthorityIn accordance with Executive Policy 8.105, the Vice President for Administration and his/her designees are delegated authority to carry out the responsibilities relating to the procurement of goods, services, and Construction for the University of Hawaii, consistent with applicable law and Board of Regents policies, and to execute contractual documents relating to such procurement actions.
The Vice President for Administration hereby delegates authority to the following designees to carry out responsibilities relating to the procurement of goods, services and Construction for the University of Hawaii and to execute contractual documents related to such procurement actions as indicated below:
FCO Facilities Contracts Manager, OPRPM Director, and OPRPM Associate Director are hereby delegated authority, not to exceed one million dollars, relating to the procurement and execution of contractual documents for all University procurements of Construction and all professional services, and other contracts, in support of Construction.
VI. SPO Delegation and Training RequirementsPOLICY
Prior to conducting, approving, or participating in any procurement for Construction or professional services provided by licensees under HRS Chapter 464, UH personnel shall have written delegated procurement authority and completed the applicable mandatory training for HRS Chapter 103D.
Form SP0-036UH shall be used for new delegations and for any changes to current personnel delegated procurement authority, and shall be submitted to FCO for signature by the University President for submittal to SPO. Personnel are required to retain all Procurement delegation submittal forms consisting of the Procurement Delegation Form SPO-036UH. Instructions regarding how to complete the Form SPO-036UH can be found in the Form SPO-36UH Instructions.
Procurement officers and personnel who conduct or participate in the procurement process are required to attend SPO training workshops applicable to the procurement method. Most training is conveniently available online and “on-demand.” More information on training requirements can be found at State and County Personnel Training Information.7 Personnel shall maintain a record of their “Training Self-Certifications” for each completed training and forward a copy to FCO.
FCO will be the responsible agency for maintaining delegation and training records required by this procedure. Any questions concerning these requirements shall be directed to FCO.
VII. Facilities Office Assistance
VIII. Methods of ProcurementPOLICY
Professional services in support of Construction shall be procured utilizing the procurement methods described in HRS §103D-304 or HRS §103D-307, if applicable.8
Construction shall be procured utilizing one of the six (6) procurement methods available under HRS §103D. The procurement methods are listed below along with their statutory reference:
IX. Contract Administration and CloseoutPolicy
After contract award, UH will administer purchases of Construction and professional architecture and engineering services in a manner to ensure the contract is performed satisfactorily and in a timely manner while ensuring the financial interests of the University are protected.
Step 1: FCO shall be responsible for post-award contracting actions including, but not limited to, the actions listed below for contracts executed by FCO or any other project on a case by case basis. OPRPM shall be responsible for post-award contracting actions including, but not limited to, the actions listed below for contracts originally processed by OPRPM.
Step 2: Departments shall coordinate all post-award contracting actions with FCO by submitting the Form FCO-001, “Request for Procurement Services” and include documents relevant to the action required.
Departments may contact FCO at any time during the contract period of performance with any questions, concerns, or if other support is needed regarding the contract.
For contracting actions affecting cost and/or schedule, the department will enter contract information into the University’s Project Tracking System, obtain approvals, and generate the CIP Contract Encumbrance and Payment Form and copy of commitment approvals and submit to FCO.
Step 3. Upon receipt of the CIP Contract Encumbrance and Payment Form, FCO shall post the public notice of contract modification, coordinate contract execution,
encumber funds and distribute copies to the appropriate departments.
Step 4. FCO shall record the contract modification or change order in the University of Hawai‘i’s financial system of record, Kuali Financial System (KFS) to create the Purchase Order Amendment (POA).
Step 5. FCO will record and upload pertinent contract information into the University’s Project Tracking System.
Step 6. Prior to contract close out, the department shall complete and submit an evaluation of the Contractor or Consultant to FCO. FCO and OPRPM will closely coordinate the maintenance and accessibility of vendor evaluations for use in future procurements.
Step 7. When contract performance is completed and accepted by UH, Fiscal Administrators shall close the contract file by:
May 05, 2017
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