THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON ISSUED DATE: 09/17/00 LOGISTICS/ACQUISITION OPERATING PROCEDURES REVISED DATE: 08/27/07 ------------------------------------------------------------------------------------------------------------------------------------------------SECTION 2 PROCUREMENT SUBJECT 2.50 PROFESSIONAL SERVICES GENERAL INFORMATION This procedure is issued to establish effective guidelines for the purchase of Professional Services consistent with applicable laws and regulations. AUDIENCE Applicable to all Procurement Staff and designated Satellite Buyers. GUIDELINES 1. Definition: Professional Services mean services in the following categories: Accounting Architecture Land Surveying Medicine Optometry Professional Engineering Real Estate Appraising Or persons in connection with professional employment or practice who are licensed as: 2. Certified Public Accountant Architect Land Surveyor Medical Practitioner (e.g. Dr., RN, PA, etc.) Optometrist Professional Engineer State Certified or State Licensed Real Estate Appraiser Selection of Vendor (except for Architects, Engineers, or Surveyors) A. The selection of a Vendor of professional services can not be made on the basis of competitive bids, but is instead based on competitive selection B. The competitive selection and award of a Vendor for professional services shall be made: On the basis of demonstrated competence and qualifications to perform the services Fair and reasonable price. C. The professional fees under the contract: 3. Must be consistent with and not higher than the recommended practices and fees published by the applicable professional associations May not exceed any maximum provided by law. Selection of Architects, Engineers or Surveyors A. In selecting a Vendor of architectural, engineering, or land surveying services, a UTMB shall: B. If a satisfactory agreement cannot be negotiated with the most highly qualified Vendor: C. Select the most highly qualified Vendor of those services on the basis of demonstrated competence and qualifications; and Attempt to negotiate with that Vendor an agreement at a fair and reasonable price. Formally end negotiations with that Vendor Select the next most highly qualified Vendor Attempt to negotiate an agreement with that Vendor at a fair and reasonable price UTMB shall continue the process described in Subsection B, above to select and negotiate with Vendors until an agreement is entered into. 4. Selection: The requesting Department shall complete the “Professional Services Request Form” (ref. Attachment A) to aid and document the selection and award of the requested professional service. 5. Professional Services Agreement 6. A. All Professional Services shall be procured via a Professional Services Agreement between UTMB and the Vendor. B. The Professional Services Agreement shall be in the form prescribed by UTMB’s Department of Legal Affairs. C. The Professional Services Agreement shall be reviewed and approved by UTMB’s Department of Legal Affairs and executed by the Vice President Finance. Purchasing and HUB Review Prior to solicitation, evaluation and award, all requests for Professional Services that meet the requirements established under Logistics/Acquisition Procedure 2.33, “Procurement Review Process”, shall be reviewed by the responsible Purchasing Supervisor/Manager and the HUB Program Coordinator. 7. Processing of a Request for Professional Services The requesting Department must select a Vendor, as prescribed above, and then submit the “Professional Services Request Form” to Logistics/Acquisition for review and approval. If approved, the procurement Staff member who approved the request shall forward the request to the Department of Legal Affairs for Contract development and execution. Legal Affairs will maintain the Contract file. Logistics/Acquisition may process Purchase Orders for payment purposes only. EXCEPTIONS There will be no exceptions unless by formal addendum to this procedure or other formal written exception by the Chief Purchasing Agent. REFERENCES Logistics/Acquisition Procedure 2.10 (Best-Value Procurement) Logistics/Acquisition Procedure 2.33 (Procurement Review Process) Government Code, Chapter 2254 2.50 Professional Services Approved: ________________________________________ Jeffery Bonnardel, C.P.M. Chief Purchasing Agent Attachments: A – Professional Services Request Form