Additional Considerations

Other Contract Considerations

Considerations to keep in mind before you submit your matter for review, which may include the department engaging in additional due diligence or BCBP coordinating additional subject matter expert review. This is not an exhaustive list of categories (arranged alphabetically) and may or may not apply depending on the circumstances of the transaction

Administrative Full Costing (AFC)

Administrative Full Costing applies to all revenue generating activities)

Controller’s Officehttps://controller.berkeley.edu/sites/default/files/adminfullcosting.pdf

Authority to Execute Agreements

Delegation of authority https://compliance.berkeley.edu/responsibilities-guide/delegation

https://compliance.berkeley.edu/responsibilities-guide/contracting

* In certain cases, Chancellor, Presidential, or Regental approvals may be required

California Model Agreements (CMA)

CMA has its own negotiated IDC rate.

General Accounting Office https://controller.berkeley.edu/accounting-and-controls/financial-reporting/indirect-cost-recovery-cma-business-contracts

Data Privacy

https://security.berkeley.edu/

https://ethics.berkeley.edu/privacy/about

Export Control

Export Control https://vcresearch.berkeley.edu/export-controls

Facilities

Renting out conference facilities or dorm rooms on campus, in addition to services:

Events & Conferences https://eventsandconferences.berkeley.edu/

Finance Requirements

https://policy.ucop.edu/doc/3620683/BFB-BUS-10

https://policy.ucop.edu/doc/3420337/BFB-BUS-49

If your department needs assistance with pricing or recharge -

NAV-B https://navb.berkeley.edu/home

Recharge https://cfo.berkeley.edu/recharge

Insurance

Insurance, including requesting Certificates of Insurance

Risk https://riskservices.berkeley.edu/

https://policy.ucop.edu/doc/3520339/BFB-BUS-63

International Entity, Activity or Travel

Risk https://riskservices.berkeley.edu/international-risk

Travel https://riskservices.berkeley.edu/insurance-programs/travel

Export Control https://vcresearch.berkeley.edu/export-controls

Global Engagement Office

-International Activities Policy https://globalengagement.berkeley.edu/international-partnerships/guidelines-developing-international-activities/ucop-international

-International Activities Coordination Group https://globalengagement.berkeley.edu/international-partnerships/campus-guidelines-international-activities-agreements

Novel Academic Programs

NAV-B https://navb.berkeley.edu/home

Minors on Campus

Policy: https://riskservices.berkeley.edu/sites/default/files/minors_on_campus_policy4-9-20.pdf

Risk Services Best Practices https://riskservices.berkeley.edu/best-practices-activities-involving-minors

Personally Identifiable Information

PII, including FERPA and HIPAA

https://ethics.berkeley.edu/privacy/about

Private Business Use

University finances certain facilities in whole or in part with proceeds of tax-exempt or other tax-advantaged bonds.  Federal tax law, including the Tax Reform Act of 1986, places limits on the private business use of such bond-financed facilities.UC may not permit such bond financed facilities to be used in any manner that would violate the Internal Revenue Service (IRS) private business use rules or otherwise cause the interest to become taxable under federal tax law income tax provisions.

https://www.ucop.edu/research-policy-analysis-coordination/policies-guidance/tax-reform-act/index.html

Regulation 4 (APM-020 and BFB A-56)

Certain commercial activities are restricted by Reg 4, specifically the provision of services to individuals and organizations outside the University. Given our mission (teaching, research and public service), providing these services may be justified if it does not interfere with University commitments and:

  • It gives individuals experience and knowledge of value to teaching and research, contributes to knowledge, or is appropriate public service; OR 

  • The services are of a purely commercial character and there is no satisfactory available alternative in the private sector.

See this Decision Tree

UBIT

 Activities with a potential for generating unrelated business income may be subject to the Unrelated Business Income Tax (UBIT).  In order to determine if your activity is subject to this tax, complete this questionnaire. Once completed, you can submit the questionnaire to the General Accounting Office at gao@berkeley.edu