Contracting regulations will be published and distributed periodically to the various operating units in Section 3.0, Purchasing and Contracts, of the Business Procedures Manual.
9.6.1 Contracting Authority
When qualifications-based selection (QBS) is used, and unless otherwise provided by these policies, construction contracts over $5,000,000 and related professional service contracts entered into by the Board of Regents shall require prior approval by the Board. The USG chief facilities officer is authorized to act, on behalf of the Board of Regents, without prior approval of the Board of Regents, in a bid award of previously authorized construction projects (BoR Minutes, August, 2007).
The Chancellor or the USG chief facilities officer is authorized to act, without prior approval of the Board of Regents, in the qualifications-based selection of professionals and as the contracting officer for and on behalf of the Board of Regents, with authority to act for the Board in the execution of construction contracts/contract change orders, professional service contracts/contract amendments, including but not limited to architectural/engineering contracts for the preparation of plans for new buildings or engineering projects, major remodeling, and other projects in the USG, provided, however, that the authority so delegated shall not exceed the sum of $5,000,000 for any one (1) contractual obligation (BoR Minutes, August, 2007).
The Chancellor or the USG chief facilities officer is authorized to delegate any or all of the above authority, in qualifications-based selections and to act as contracting officer, to individual USG institutions based upon an evaluation by the Chancellor or USG chief facilities officer of the ability of an institution to properly administer the delegated authority. Such delegation of authority shall be administered in accordance with Board policies, and procedures and guidelines. Delegated authority may be withdrawn at the discretion of the Chancellor or the USG chief facilities officer (BoR Minutes, 1991-92, pp. 319-320).
The Chancellor and the USG chief facilities officer shall be authorized and empowered, in the name and on behalf of the Board of Regents of the University System of Georgia, to take or cause to be taken any and all such other and further action as, in the judgment 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 (BoR Minutes, March, 1981).
9.6.2 Required Reporting
The USG chief facilities officer shall inform the Board periodically on the volume, scope, and progress of capital projects. An annual report on Board of Regents facilities design and construction-related contracting, including information on levels of authority delegated to institutions, and qualifications-based selections, shall be provided to the Board at the first Board meeting following the end of the calendar year (BoR Minutes, August, 2007).
A design professional, consultant, or contractor may be debarred from performing any work, in any capacity, for the Board of Regents for a period of time up to five (5) years from the date of determination. This sanction may be imposed by the Chancellor as the final agency decision based on the recommendation by a hearing panel comprised of the USG chief facilities officer or his/her designee and two (2) other members appointed by the USG chief facilities officer.
Cause for debarment will include:
- Commission of a criminal act in obtaining or attempting to obtain a contract or in the performance of a contract;
- Any act indicating a lack of business integrity or business honesty;
- Violation of state or Federal antitrust statutes;
- Deliberate failure without good cause to perform under the terms of a contract with the Board of Regents;
- Unsatisfactory performance under the terms of a contract with the Board of Regents;
- Any violation of the conflict of interest statutes of the State of Georgia; or,
- Any other cause so serious and compelling as to affect the responsibility of the design professional, consultant, or contractor.
(BoR Minutes, October, 2000).