Article 5 - Regents Policy 5402

Regents Policy 5402 and AFSCME collective bargaining agreements (Service - SX & Patient Care Technical - EX) impose limitations on the use of third-party suppliers for “Covered Services." Covered Services are those traditionally performed by AFSCME unit members (see Covered Services section below) at university-owned/leased locations.   

Under these requirements, contracting out can only be used as a last resort. Departments must explore UC Berkeley's internal staffing options before contracting with a third-party supplier unless the circumstances meet one of the exceptions outlined in the collective bargaining agreements (see Exceptions section below). Cost savings/considerations cannot be a factor in forgoing the use of in-house, internal staffing options if UC staff is available for the dates, times, and have the capacity to provide the services required. 

In addition, Departments must secure Procurement and Labor Relations approval to contract out for Covered Services (SX & EX) work prior to issuing or executing an RFP, contract, purchase order, change order, or service agreement amendment.