Construction and Contracting

Policy Number:
IV.07.10
Reason for Policy:

Establishes general framework for controls associated with the development of capital projects.

Entities Affected by this Policy:

All campus departments undertaking construction, renovation, remodels, etc.

Responsible Office:

For questions about this policy, please contact Campus Planning Design and Construction at (541) 346-2270 or capcon@uoregon.edu.

Website Address for this Policy:

https://policies.uoregon.edu/vol-4-finance-administration-infrastructur…

Enactment & Revision History:

23 April 2019 - Revisions approved by the university president and enacted; policy renumbered to IV.07.10.

03 September 2015 - Technical revisions enacted by the university secretary

01 July 2014 - Became a University of Oregon Policy by operation of law

Former Oregon Administrative Rule Chapter 580 Division 63.

Policy:
  1. Construction and Contracting Authority
    1. This policy establishes the structure for procedures that define the Construction and Contracting Authority that will be followed by the University of Oregon to erect, improve, repair, maintain, equip, and furnish buildings and structures.
    2. Much of the University’s capital construction and contracting activities are regulated by federal, state, and local law, the University’s Board of Trustees, restricted gifts, and other controls. The University’s capital construction and contracting activities shall comply with these regulations as stated in this policy.
  1. Federal and State Law
    1. The University shall follow all federal laws associated with capital construction and contracting. This includes, but is not limited to, any applicable federal law pertaining to the use of federal funds in capital construction and contracting and the use of tax-exempt bond proceeds.
    2. The University shall follow all state laws associated with capital construction and contracting. This includes, but is not limited to, any applicable state law pertaining to the use of state funds in capital construction and contracting, prevailing wage, competitive procurement and bidding, and construction standards and the use of state-issued bond proceeds.
    3. In the event that any federal or state statute, regulation, administrative rules, or other law, or any local law applicable to a public university, conflicts with the terms of the policy or associated procedures, such law supersedes the terms of this policy or associated procedures.
  1. Legislative, Board, and Gifted Fund Spending Authorization
    1. The University shall follow all statutes, regulations, administrative rules, or other law associated with spending authorization requirements established and restrictions imposed by the State of Oregon for legislatively authorized funds for capital construction and contracting.
    2. The University shall follow all policies and procedures established and abide by all restrictions imposed by the University’s Board of Trustees associated with capital construction and contracting, including, but not limited to, spending authorization approval requirements.
    3. The University shall abide by all restrictions imposed on the use of funds conditionally gifted to and accepted by the University for use in capital construction and contracting.
  1. Contracting Procurement and Practices
    1. The University will prepare, maintain, and abide by procedures for capital construction and contracting that promote best value and best practice approaches including the use of varying design and construction strategies appropriately tailored to each specific capital construction project. These procedures must support the University’s mission and promote the prudent use of University resources.
    2. The University will prepare, maintain, and abide by procedures for capital construction and contracting that protect and enforce the University’s high ethical standards in context with best practices in the capital construction and contracting industry.
    3. The University will choose among varied capital construction, contracting, and consulting methods to be responsive to the individual needs of each project to maximize the University’s ability to obtain best value and quality for each project.
    4. The University will maintain capital construction and contracting procurement procedures that promote competition, stimulate and support economic growth across the industry, and promote the participation and growth of diversity within the industry through the proactive engagement of emerging businesses and businesses owned by traditionally underrepresented individuals.
    5. The University will maintain capital construction and contracting procurement procedures that are tailored to Oregon’s and local community’s market environment and in accordance with principles of prudent stewardship of public resources required of Oregon public entities.
  1. Design and Construction Planning Procedures and Design Standards
    1. The University will prepare, maintain, and abide by procedures and design standards that maintain a high-quality campus environment and emphasize long-term master planning strategies.
    2. The University will prepare, maintain, and abide by procedures and design standards that establish appropriate life cycle cost considerations that promote long-term fiscal responsibility.
    3. The University will prepare, maintain, and abide by procedures and design and construction standards that promote the use of construction techniques and systems that result in long-term, fiscally responsible construction practices.
  1. Procedure Update Process
    1. Capital construction and contracting procedures identified within and prepared and maintained in accordance with this policy will be subject to change from time to time to respond to the changing environment of the construction industry, economic necessity, industry recognized best practices, and best value needs identified by the University.
    2. Except for typographical or similar technical revisions, the University will not change any capital construction and contracting procedures identified within and prepared and maintained in accordance with this policy until it has conducted a public consultation process.
    3. This public consultation process shall include a public review and comment period of no less than two weeks. The University increase the length of the public review and comment period as the level of impact of the proposed changes increase. Public review and comment periods will be preceded by a public notice delivered by a reasonable and effective method intended to notify the greatest number of interested members of the public. The University will also publish an informational notice of the proposed changes and the public review and comment period on the UO Business Opportunities Website. Comments will be submitted through established e-mail and web form methods during the review and comment period.
    4. The University will hold a public meeting within one week of the close of the public review and comment period. If weather, holiday, or other circumstances delay the meeting, the meeting will be held as soon as practicable after the end of the delay. The University will conduct the meeting as an opportunity for discussion of the proposed procedural changes. The University will present the submitted public comments and the University’s response to the comments and will seek additional input from those attending the meeting.
    5. After holding its public meeting, the University may change the procedures included in its public notice. The University will modify its proposed changes to incorporate the substance of public comments to the extent prudent and practicable. The University will then publish the revised procedures on the appropriate University website.
Chapter/Volume:
Chapter 7: Property, facilities and planning; sustainability
Related Resources:

N/A

Original Source:
Oregon Administrative Rule