Special Considerations

If your order falls into any one of these Speical Consideration categories below, Supply Chain Management (SCM) may need additional information or supporting documents if applicable.  

Items 1 - 9 are defnined below.  Items 10 - 14 will take you to the specific ordering page.

Contact your Buyer for assistance.

  1. Insurance & Indemnification
  2. Services performed on campus
  3. Services that displace UC employees
  4. Data Security & Privacy
  5. HIPAA Business Associates
  6. Cloud / Website / On-line Services - Software as a Service (SaaS)
  7. Intellectual Property
  8. Brand Protection
  9. Conflict of Interest
  10. Specialized Goods
  11. Sponsored Funds
  12. Independent Contractors
  13. Independent Consultants
  14. Professional and Personal Services

Insurance & Indemnification provisions

Depending on the natures of services insurance amounts might be greater than the standard general liability.  Risk Services should review the Statement of Work (SOW) to determine the insurance amounts and/or any changes to the UC indemnification language. Insurance Certificate Buyers Guide and Insurance Requirements and Practices

Low value agreements – Departments can offer to increase fees to cover insurance through the UC Mercer insurance program.

Services performed on campus

Additional requirements are needed when Suppliers perform services on campus.

  • Insurance: Will the Supplier be driving on UC property or transporting UC employees, students, or guests?  Additional insurance may be needed.
  • UC Employees: Are the services of a type that are currently being performed by UC employees?   Refer to the next section and provide a comment in the requisition.
  • Prevailing Wage: Will these services involve physical changes to a building (painting, carpeting), maintenance, improvements to UC buildings or land, or moving or landscaping services? Check the prevailing wage checkbox. Note: Orders related to campus facilities alterations, installations, and minor construction are handled by Facilities Services and major construction projects are handled by Capital Strategies/Construction.
  • Patient Protection Affordable Care Act (PPACA): Will the services involve supplemental or temporary staffing?  Provide a comment in the requisition.
  • Fair Wage / Fair Work: Will the services be performed on the UC campus, medical centers or LBNL and NOT contain prevailing wage / public works or sponsored funds.  Provide a comment in the requisition with the percentage of services that will be performed on the campus versus at the Suppliers place of business.

Services of a Type That Are Currently Performed by UC Employees

The University of California, Berkeley currently has 16 different bargaining units on campus.  If the procurement of services relates to any kind of service that UC employees perform, work directly with your buyer.

Prior approval (4 weeks prior to issuing a RFP) is needed for contracts that may result in the displacement of University staff and are anticipated to exceed $100,000 per year.  Departments must fill out the “Formal Notice Pursuant to University Guidelines on Contracting for Services,” and send it to UCB (labrel@berkeley.edu) & UCOP (Dianna.Henderson@ucop.edu) Human Resources for review and approval.  Contracting for Services Guidelines

Service examples that could be represented by Union Contracts (this is not a complete list):

  • Administrative Staff
  • Agricultural Technician
  • Animal Technician
  • Automotive services: Parking Attendant
  • Baker
  • Building Maintenance Worker
  • Cook
  • Clerical
  • Custodian
  • Data Processing Production Coordinators
  • Equipment Operator
  • Farm Maintenance Worker
  • Food Service Manager Assistant/Worker
  • Grounds Equipment Operator
  • Groundskeeper, Gardener
  • Irrigation Specialist
  • Laborer, Laborer Helper
  • Lab Helper
  • Library Book Mender
  • Mail Processor
  • Nursery Technician
  • Parking Representative
  • Pest Control
  • Repro Graphics Technician
  • Security Guards
  • Storekeepers/Worker
  • Tree Trimmer
  • Truck Driver

Data Security

The primary governing terms for all UC data is the Data Security Appendix.

  • Is any UC data available to the supplier or will the supplier need access to UC IT resources (e.g., campus servers/desktops/printers)?
  • UC has different security requirements depending on the nature of the data or IT resources the supplier will handle.
  • Review any data and IT resources involved and classify prior to making any purchase requests. Consider both immediate uses and anticipated future uses.
  • Data security classification levels 0-3 are defined on the IT Policy Department’s website.

Notify SCM if there is any sensitive data being shared with the supplier (personal identifiable information, student data subject to FERPA, GDPR, HIPAA, research health information, confidential IP or other information) and list applicable regulations that pertain to privacy and security. For example, if sharing personally identifiable information about students with a supplier, notify SCM that FERPA language must be included in the agreement.

HIPAA – Business Associate Agreement (BAA)

Will a supplier have access to Protected Health Information (PHI)?  Such suppliers act as Business Associates and UC must include its Business Associate Agreement within the contract to comply with HIPAA regulations: Appendix - HIPAA Business Associate.

Cloud / Website / On-line Services - Software as a Service (SaaS)

Saas is a software licensing and delivery model in which software is licensed on a subscription basis and is made available to the customer over the Internet or it can be centrally hosted.

  • What UC data is involved and what is the data classification level?
    • Protected Information
    • FEPRA
    • Credit Cards
    • GDPR
    • Health - HIPAA
  • Will the supplier or 3rd Party have access to UC systems, create, store, manage, use or transmit protected information?  If yes, how many records will be involved?
  • Will the services require IT resources and/or systems?
  • Will the services involve software, imbedded software (equipment or medical devices) and/or license or subscriptions fees?
  • Will the services involve maintenance, warranty, support, or training?
  • Will the services involve website development?
  • Who will access the software and does the supplier's solution meet UC Accessibility requirements?
  • Will the service provider or a related third party collect financial information or process payments on line?
  • Will the services involve open source software?
  • Will UC or others be harmed if the information is compromised?
  • What is the supplier's retention policy? 
  • How do they manage data security levels and destruction? 
  • Will the Supplier charge a fee for data retrieval?

Intellectual Property (IP)

In general, UC should retain rights to its patents, copyrights, and trademarks (i.e., intellectual property).  For work that we hire to be completed on our behalf consult a Buyer for any use of UC materials and/or joint or shared ownership of IP, including the following:

  • Patents and some forms of copyright especially as it pertains to inventions, software designed for UC, open source materials etc.  Consider consulting with the Office of Technology Licensing (OTL).
  • Work made for hire - UC should also retain its rights for the creation or use of other forms of UC copyrighted materials, including written works, photographic materials, music, website design, logo design, artwork, and/or film, as well as trademarks landmarks, other graphic images.  Consult a Buyer, who may wish to seek additional review from the Business Contracts Brand Protection Office (BCBP).
  • Work not made for hire - UC is securing the services or goods from a Supplier that has pre-existing IP ownership.
  • A location agreement may be required from Real Estate if services involve licenses for on campus commercial filming.

Brand Protection

Any use of the UC name and marks needs to be reviewed by Business Contracts Brand Protection (BCBP).

Before engaging in any promotional activity that incorporates UC Berkeley’s name, logos, designs, brand elements (i.e. trademarks) please contact BCBP or complete a Use of Trademark Request Form.

Purchasing products with UC Berkeley trademarks:

UC’s licensing programs regulates, promotes, and protects the reputation of the University's name and identifying marks.  Suppliers must have a license to use UC’s trademarks (i.e., Trademark Licensees) and agree to comply with UC’s Code of Conduct for Trademark Licensees (UC Code) for socially responsible practices.  The University monitors and ensures compliance to the UC Code as well as other applicable laws and policies.  Purchasing merchandise displaying the University’s trademarks from trademark licensees not only helps to protect workers’ rights and mitigates reputational risk but also provides royalties to support the University’s mission of teaching, research and public service.  Ordering instructions can be found on the Purchasing Merchandise Displaying UC logos

Conflict of Interest declared

Where there is a confirmed conflict, between the supplier and UC, SCM will need to perform a review and include compliance and/or legal counsel depending on the nature of the conflict.  A summary of the known conflict will need to be drafted by the department and included with the COI form and attached to the Bear Buy requisition.  The conflict of interest declaration form can be found on the Procurement Forms page.  Estimated lead times to review and approve conflicts can be approximately 2 to 4 weeks.