Authority to Negotiate and Execute Certain Business Contracts

(Delegation of Authority SCDA-BUS0005

I. Delegation Summary

Delegated To: Business Contracts Administrators

Scope of Delegation: This delegation provides authority to negotiate and execute (sign) certain business contracts on behalf of The Regents of the University of California . Please see below for restrictions and exceptions.

Delegated By: Director, Materiel Management

Effective Date: 6-19-00_______________

II. Detailed Delegation

A. Detailed Delegation Statement

Effective immediately, the campus Business Contracts Administrators are authorized to negotiate and execute various business contracts required with outside organizations, agencies and individuals to implement approved programs and activities, whether the University is the supplier or the recipient of the service covered by the contract, providing such contracts do not involve University expenditures in excess of $100,000. Within the scope of this delegation, the Director of Materiel Management and the Assistant Vice Chancellor, Business and Administrative Services are authorized to negotiate and execute all such contracts except those which contain provisions falling within the restrictions and limitations set forth in Standing Order 100.4(dd); or require approval of The Regents because of specific Regental policy; or require approval by the President pursuant to specific memoranda issued from time to time.

All contracts under this delegation must be executed in accordance with the applicable University policies and procedures governing the particular transaction, including but not limited to Business and Finance Bulletins University policies, and relevant guidelines issued by the appropriate functional areas within the Office of the President. All contracts must be approved as to legal form by the General Counsel prior to execution, unless previously approved by that office and issued without revision.

B. Restrictions/Exceptions

This delegation does not apply to transactions covered by the following separate delegations of authority, University policies, and Business and Finance Bulletins:

1. Delegation concerning execution of purchase contracts, subcontracts and standard purchase orders for goods and services to be supplied to the University (DA 0878) dated August 8, 1985;

2. Delegation concerning real property rental agreements and leases (DA 0951) dated December 21, 1987;

3. Delegation of authority to solicit and accept or execute certain extramural grants and contracts (DA 0957) dated March 29, 1988;

4. Delegation concerning affiliation agreements with other institutions or hospitals (DA0916) dated December 8, 1986;

5. Delegation to solicit and accept gifts (DA 0894) dated March 24, 1986;

6. Delegations established in Business and Finance Bulletins, such as BUS-34, Securing the Services of Independent Consultants;

7. Delegations established in accordance with University policies, such as the University of California Patent Policy or the University of California Copyright Policy.

C. Authority to redelegate

This authority may not be redelegated.

D. Definitions

Business contract: A legally binding written agreement of a business or administrative nature, signed by authorized representatives of the University and an external agency, organization or individual, who agree to specified terms and conditions. A business contract is either required by law (e.g., property transactions, copyright assignments) or because the terms and conditions exceed the requirements of a standard purchase order.

III. “Supersedes” Notification

This delegation of authority supersedes the May 1, 1995 delegation from the Director—Accounting and Business Affairs to the Assistant Director—Business Affairs on this subject, which is hereby rescinded.

IV. Getting Help

The campus Business Contracts Office can respond to questions about this delegation of authority.

If you need help with ...	Contact ...
Determining whether a document is a business contract.	Business Contracts Office x9-4533
Interpretation of policy and procedures on business contracts.	Business Contracts Office x9-4533
Determining appropriate levels of authority for execution of contracts.	Business Contracts Office x9-4533
Interpretation of policy on real property transactions.	Real Estate Services x9-4747
Determining appropriate levels of authority for execution of real property agreements.	Real Estate Services x9-4747

V. Authority/References

Authority to make this delegation is documented as follows :

SCDA-BUS0004, Authority to Negotiate and Execute Certain Business Contracts, Vice Chancellor—Business and Administrative Services to Director, Materiel Management.

References

Bylaws and Standing Orders of the Regents of the University of California:

Bylaw No. 21.3, Duties of the Secretary

Standing Order No. 100.4, Duties of the President

Business and Finance Bulletin BUS-34, Securing the Services of Independent Consultants

Business and Finance Bulletin BUS-43, Materiel Management

Contracts and Grants Manual, Section 2-600 et seq.

University of California Copyright Policy

UCSC Policy MM0001, Purchasing Common Goods and Services

UCSC Policy MM0003, Purchasing Personal and Professional Services

UCSC Policy BUS0001, Responsibility for Business Contracts

UCSC Procedure BUS0002, Administration of Business Contracts

UCSC Procedure BUS0004, Engaging the Services of Independent Consultants

UCSC Rule Book, Section 40.0, Policy on Use of University Properties.

Related Delegations of Authority

UCOP Delegation DA2116, Negotiation, approval, and Execution of Campus-Related Real Property Rental Agreements, President to Chancellors et al., April 5, 2000.

SCDABUS0010, Authority to Negotiate and Execute Real Property Rental Agreements and Leases, Chancellor to Vice Chancellor, Business and Administrative Services, June 13, 2001.

VI. Copies

The following individuals/offices were provided copies of this delegation

Special Assistant--Coordination and Review

General Counsel and Vice President for Legal Affairs

Senior Vice President--Business and Finance