UCSB Business Services - Contracts & Property

Date	Memo Subject
February 12, 2004	Discount on recruitment ads in the Chronicle of Higher Education
July 1, 2003	SB 1467 - Public Contracts: Conflict of Interest
March 27, 2001	New Form-5 process for payments authorized by Leases and other Business Contracts

February 12, 2004: Discount on recruitment ads in the Chronicle of Higher Education

TO: MSOs and Academic Personnel staff

FR: Julie Sears, Assistant Director
Business Services

RE: Discount on recruitment ads in the Chronicle of Higher Education

I'm pleased to announce that UCSB recently signed an advertising contract with The Chronicle of Higher Education. Departments placing recruitment ads in the Chronicle will now receive a discount on every display ad placed; the discount also applies to larger recruitment ads.

As part of this contract, the Chronicle has created a UCSB Employer Profile on their site. This profile serves as a tool to complement your recruitment ad. Interested candidates can click on the Profile link to access UCSB's home page, information about Santa Barbara, and other related topics. The UCSB profile is not yet active, but will be active soon.

To take advantage of this discount, follow these steps to place your ad (following normal approvals):

March 27, 2001: SB 1467 - Public Contracts: Conflict of Interest

TO: The Campus Community

FR: Julie Sears, Assistant Director
----Business Services

RE: SB 1467 - Public Contracts: Conflict of Interest

Senate Bill 1467 (SB 1467), which became effective July 1, 2003, significantly changes certain University business practices by extending the State's Public Contract Code conflict of interest and penalty provisions to procurement by the UC system. Prior to the passage of SB 1467, UC was exempt from those provisions.

SB 1467 establishes new restrictions, with severe penalties for violation, in four areas:

Awarding successor contracts or follow-on agreements to entities providing consulting to the University.
Hiring university employees to provide goods or services to UC under agreement as independent contractors.
Hiring former UC employees as independent contractors to perform work related to contracts that were planned, negotiated, executed or involving policy created by the employee before the employee's separation from UC.
Assigning a supplier number to all contracts over $10,000.

Successor Contracts
SB 1467 requires that any person or business entity awarded a consulting services agreement by UC shall not be awarded a successor contract after July 1, 2003 to provide goods or services required, suggested or otherwise deemed appropriate in the end product of the original consulting services agreement. In simpler terms, Consultants who have performed work for the University cannot participate on subsequent projects relating to the Consultant's findings.

If you are planning to hire a consultant with the expectation that that consultant could conceivably perform work related to the consultant's findings, please contact the Contracts Office for direction at 893-3001.

Employee Vendors
SB 1467 prohibits university employees (or entities in which the employee has a financial interest) from contracting with any university department to provide goods or services as an independent contractor. UC employees with teaching or research responsibilities are exempted from this provision of SB 1467 but are still subject to University guidelines for employee-vendors (see Bus 43, Part 7, http://www.ucop.edu/ucophome/policies/bfb/bus43j.html).

UC employees without teaching or research responsibilities can no longer be hired as independent contractors by university departments to provide goods or services. University departments requiring the services of an existing UC employee should compensate the employee through the payroll system.

Contractors who are Former UC Employees
SB 1467 contains two restrictions on contracting with former employees:

A former university employee cannot enter into a contract for two years from the date of separation to perform work related to contracts that were planned, negotiated, or executed by that employee.
A former university employee cannot be paid as an independent contractor for one year from the date of separation to perform work on a contract if he or she was employed by that department in a policymaking position in the same general subject area as that contract.

Exceptions may be available for employees whose separation from UC was due to retirement. University departments requiring the services of a former UC employee should consult with Academic Personnel, Human Resources, and/or the Contracts Office to determine whether the former employee is subject to the prohibition.

Supplier Numbers
Each contractor who enters into a contract with UC for $10,000 or more must be assigned an identification number that will remain unchanged regardless of future name changes. The contractor must list this number on each contract entered into with the UC.

Penalties
Penalties for lack of compliance with the statute are serious and include personal criminal sanctions.

Every contract or other transaction entered in violation of SB 1467 is void.
Any officer or employee of the University of California who "corruptly" performs any official act to the injury of the University is guilty of a felony.
Any contractor to the University of California who "corruptly" permits the violation of any contract is guilty of a felony.
Persons convicted under these provisions will be liable for monetary damages.

Resources
For additional information on SB 1467, please refer to the following web site:

http://www.busserv.ucsb.edu/campusnews.htm

Compliance
You will be kept informed of any further changes to this legislation and of any future information that will assist in understanding and complying with the statute. In the meantime, please submit any questions you may have regarding application of this legislation to Julie Sears at julie.sears@buss.ucsb.edu .

March 27, 2001: New Form-5 process for payments authorized by Leases and other Business Contracts

TO: Department Business Officers and Administrative Assistants

FR: Randy Stoskopf, Contracts and Procurement
Asger Pedersen, Accounting and Financial Services

RE: New Form-5 process for payments authorized by Leases and other Business Contracts

At present, if you request payment for a lease, contract, or personal service agreement, you send the Form-5 to Purchasing for approval. Effective immediately, please submit all Form-5s directly to Accounting. This process will allow payments to contractors/providers to be made more quickly and efficiently.

For lease agreements with recurring monthly rent payments, indicate (i) the total amount that can be predetermined for a specific time period of the contract, (ii) the number of payments for that period, (iii) the amount of each payment, and (vi) the dates on which they should be processed allowing for mail delivery by the due date. With this data, Accounting can set the contract up to pay automatically each month throughout a predetermined period, 12 months, for instance. Prior to the expiration of this predetermined amount of time, the department will need to do a new Form-5 for the next rent period, making sure to include any CPI increases. Please reference the contract/agreement number on each Form 5.

Please remember that each new contract, lease, or personal service agreement must be reviewed and approved by the UCSB Procurement and Contracts Office. You may contact the Contracts and Procurement Manager for contract or lease questions by calling Randy Stoskopf at x3001 or emailing him at randall.stoskopf@purc.ucsb.edu.

If you have any questions about this new process, please call Asger Pedersen in Accounting and Financial Services at x3919 or email him at asger.pedersen@accounting.ucsb.edu.