40.08 – Donated Services or Materials

Created 22 July 2008

A. General. The university may identify a donor wishing to offer a product or service in support of a given capital project, rather than a cash contribution. This policy addresses how and when such donations may be incorporated into a capital project.

Examples of the types of donations that may be encountered include:

A-1. Architectural & Engineering Design Services. Including but not limited to feasibility studies, all phases of design services (pre-design, conceptual design, schematic design, design development, construction documents, advertising and bid acceptance, construction oversight), site investigation, surveying, geotechnical analysis, and engineering analysis and design.

A-2. Construction Materials or Services. Including but not limited to construction management, construction materials, labor, and equipment, to include completed construction projects, or portions thereof.

B. Procedures. In all cases, anticipated donations must be in support of a recognized priority project approved by university executive leadership, to include the Vice President for Advancement and the Vice President for Finance & Administration. All gifts will be reviewed and approved by the University of Idaho Foundation Gift Acceptance Committee, as well as the appropriate University departments, including but not limited to Facilities, and must be approved as part of a project by the Vice President for Finance and Administration or designee.

B-1. Architectural & Engineering Design Services. Proposed gifts of this type shall include the following steps:

a. Advancement or the college/unit upon identifying a potential donor will inform Facilities of the donor and the nature of the proposed gift.

b. Facilities will request a statement of qualifications (RFQ) from the donor. The RFQ typically will seek information regarding financial capacity, experience and past performance on similar projects, design team qualifications, and other relevant information.

c. Facilities, in consultation with the college/unit involved, will determine the acceptability of the firm’s qualifications through review of the RFQ response, and an interview presentation, if requested by Facilities.

d. Facilities will negotiate contractual terms with qualified donors. All contracts will be based on standard AIA contract documents, as amended by the University. The contracts shall include the project scope, associated deliverables and milestones, and any associated fee schedules.

e. A Facilities project manager will oversee and coordinate the design process, including the incorporation of the donated services.

B-2. Construction Materials or Services. Proposed gifts of this type shall include the following steps:

a. Advancement or the college/unit upon identifying a potential donor will inform Facilities of the donor and the nature of the proposed gift. To be considered for a project, potential donations must be identified early enough in the design process to inform the design process and be captured in the construction bid documents.

b. Facilities shall determine a suspense date during the design phase of a project, beyond which donations of construction materials or services will not be accepted. All donations must be approved as provided in paragraph B above, prior to this suspense date. Potential donations must be screened and approved by Facilities as a condition precedent to approval of the gift. A potential donor’s lack of financial capability or bonding capacity, poor past performance, lack of similar experience or other similar factors may provide rationale to decline the gift offer.

c. Upon approval of a gift, Facilities will manage contracting for the activity and will ensure appropriate construction contractual documents are established to govern the donation, whether established directly between the university and the donor, or between the construction manager/general contractor and the donor. Contract documents shall reflect the ability of the university or the construction manager/general contractor to execute the donor’s work by whatever means necessary in order to meet quality and schedule needs, and shall include a provision allowing for recovery of costs and other damages incurred due to a donor’s non-performance or other breach of agreed upon terms and specifications. In addition to the project contract documents, University and donor shall execute a right of entry or other appropriate agreement, to permit the donor to enter upon University property, if needed, and to generally describe the scope of the work or materials donated and document the value of the gift, which shall be based on the estimated cost of otherwise obtaining the materials or services for the project.