Special Considerations

If a Supplier takes exception to the UC Terms and Conditions, Appendix - Data Security or the Appendix - Business Associate OR if your transaction falls into any one of these Special Consideration categories below, Supply Chain Management (SCM) may need additional information, supporting documents, or longer lead times to negotiate a contract with a supplier.  Additionally, goods and services that qualify as having a "special consideration" should not be purchased with BluCards. 

Contact your Buyer for assistance.

Services

Performed on Campus

Additional requirements are needed when Suppliers perform services on campus.

  • Additional Insurance: Will the Supplier be driving on UC property or transporting UC employees, students, or guests?  Additional insurance may be needed.
  • 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 in BearBUY. Note: Orders related to campus facilities alterations, installations, and minor construction are handled by Facilities Services(link is external) and major construction projects are handled by Capital Strategies/Construction(link is external)
  • 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.
  • UC Employees: Are the services of a type that are currently being performed by UC employees?  There is a general prohibition on contracting out for services and functions that can be performed by University staff. Refer to the next section and provide a comment in the requisition.

Displacing UC Employees or Contracting Out for Covered Services

If the procurement of services relates to any kind of service that UC employees perform, work directly with your buyer and/or click the "buyer intervention" button in BearBuy for a scope of work review.

Prior approval (4 weeks prior to issuing an RFP or contract negotiation) 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 and/or Contracting for Covered Services 

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

Covered Services are defined as work customarily performed by bargaining unit employees at UC in the categories of services described in Regents Policy 5402, and American Federation of State, County, and Municipal Employees (AFSCME) Collective Bargaining Agreement Article 5. Covered Services include, but are not necessarily limited to, the following services: cleaning, custodial, janitorial, or housekeeping services; food services; laundry services; grounds keeping; building maintenance (excluding skilled crafts); transportation and parking services; and security services. There are limited exceptions to contract-out for these types of services at the university. 

Other Services

Privacy/Confidentiality with Third (3rd) Party Suppliers

Data Security

The primary governing terms for all UC Institutional Information and/or IT Resources is the Appendix - Data Security.

  • Does the UC have an existing service or software contract that can be used that meet the required security requirements?  Leveraging existing contracts is the safest, easiest, and fastest way to procure goods and services.  UCB Software and Cloud service agreements can be found on the IST Service Catalog.  UCOP's active agreements can be found on the BearBuy home page tile named “UC Contracts”.
  • Will the Supplier have access to UC Institutional Information and/or IT Resources (e.g., campus servers/desktops/printers)?
  • The Data Classification table defines the different Protection & Availability levels that will require a Security review.
  • When placing an order for services involving Data Security, Departments should attach the Appendix Data Security, Exhibit 1 Institutional Information form to the requisition in BearBUY.

Software as a Service (Saas) / Cloud Services

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.  For more information please visit the IST website Software as a Service (SaaS/ Platform as a Service (PaaS) for guidance.

  • What is the nature of services: Data Classification table defines the different Protection & Availability levels that will require a Security review.
    • Personally Identifiable
    • FEPRA
    • Credit Cards
    • GDPR
    • Health - HIPAA
  • Will the supplier or any 3rd Party Suppliers have access to Institutional Information and/or IT Resources to create, store, manage, use, or transmit to perform the services?  If yes, how many records will be involved?
  • 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?

Cloud / Website / Online 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 or any 3rd Party Suppliers 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?

HIPAA - Business Associate Agreement (BAA)

Will the supplier have access to Protected Health Information (PHI)?  Such suppliers act as Business Associates and require the Business Associate Agreement to comply with HIPAA regulations: Appendix - BAA.

Intellectual Property (IP)

Patents, Copyright, Trademarks, IP Ownership, Commercial Filming

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.

Purchasing Process & Contracting Policy Considerations

Insurance & Idemnification

Insurance and Indemnification provisions are established by the University of California – Policy BFB-BUS-63. If a Supplier cannot provide an insurance certificate and/or agree with UC's indemnification provisions, contact your SCM Buyer.  Please see the Insurance Certificate Buyers Guide and Supplier Insurance Requirements and Practices. For higher-risk transactions, Risk Services may need to review the contract/Statement of Work (SOW) to determine the insurance amounts. Additionally, any changes to the standard UC indemnification language may need to be reviewed by Risk Services.

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

Conflict of Interest

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.

Other Purchasing Process & Contracting Policy Considerations