Regents' Policy Manual - Section 7.12.1: Selection of Contractors for UNM Construction Projects

Adopted Date: 10-12-2004

Applicability

This policy applies to the selection of contractors for all UNM projects involving construction of a new building or major building renovation.

Policy

The State Procurement Code provides various options for procuring the services of a contractor for construction and construction management services, including competitive sealed bids, prequalification of contractors, competitive sealed proposals and design and build project delivery. For each construction project undertaken, the University will select the option most optimal and likely to result in a quality project on time and within budget.

The competitive sealed proposal process (including design and build delivery or seeking construction management services) allows the University to consider non-price factors in the final selection of a contractor, including contractor experience, past performance and management resources. It also permits consideration of architect/contractor/subcontractor teams. The University's procedures for selecting contractors or design and construction teams through competitive sealed proposals will include a statement that all contractors and other professionals who respond to the request for proposals will be evaluated fairly based upon the factors set forth in the solicitation.

University procurement documents for construction shall also include the following provisions:

• a statement that all contractors' bonding companies shall be on the U.S. Department of Treasury List of Approved Sureties (Circular 570);
• a statement that the University retains the right to inspect the contractors' last three years of financial statements.

Regarding possible construction projects at the University of New Mexico, the Board of Regents determines there are currently no construction projects in the planning stages in which a project labor agreement would be used. If the Board of Regents in the future should choose to consider using a project labor agreement on a construction project, it will publish legal notice and will also issue a press release, both at least thirty (30) days prior to the Board meeting to consider this question, specifying the date, time and place of such meeting.

The University is committed to treating fairly all contractors and other professionals who participate in the University's procurement process. The University's policy is to select contractors and other professionals without regard to race, color, religion, national origin, gender, age, physical or mental handicap, sexual preference, ancestry or medical condition.

In addition to a commitment to the fair and equitable treatment of contractors in the selection process, once a contractor is selected and construction begins, the University is committed to efficient and effective management practices to resolve issues that arise during construction.

Implementation

The Director of Purchasing shall adopt policies and procedures for the selection of contractors for construction projects. The Director of Purchasing will involve representatives of the contractor community in drafting regulations for selecting contractors through competitive sealed proposals and through other innovative techniques such as the teaming of architects, contractors and subcontractors.

The Executive Vice President for Administration shall implement effective management practices and structures to resolve issues that arise during construction.

References

New Mexico Procurement Code, sec. 13-1-28 et seq., NMSA 1978