I. Delegation of Authority

• In 1990, the Chancellor's signature was required for processing ALL Independent Consultant Agreements.
• On April 8, 1993, Chancellor Krevans delegated final approval of Independent Consultant Agreements to the Deans, Senior Vice Chancellors, Vice Chancellors, Assistant Chancellors and Assistant Vice Chancellors. At their discretion, this approval authority may be re-delegated to Department Chairpersons or to Department Business Managers. The Chancellor's memo also indicated that the Responsible Program Official is responsible to ensure that Consultant Agreements are necessary, appropriate and that funds are available.
• To ensure compliance with the Chancellor's delegation of authority, the Delegation Form (or signed copy), is to be included with each submission to Purchasing for execution of Independent Consultant Agreements.

II. Responsibilities

A. The Chancellors, Vice Presidents and their designees are responsible for assuring that agreements for the services of independent consultants are executed in accordance with the requirements of BUS-34.

B. The Deans and Vice Chancellors are delegated from the Chancellor to act as Program Review Officials in approving the purpose and contents of the independent consulting agreements by signing the agreements and any amendments. Deans and Vice Chancellors may formally re-delegate this authority to Department Chairs and Business Managers*.

The Chancellor's memo of April 8, 1993 does not indicate an intent to authorize further delegation.

The Program Review Official is responsible for:

1. Soliciting proposals or providing a sole source justification for all agreements in excess of $15,000.00.
2. Signing all agreements, including amendments.
3. Providing documentation that the price to be paid is reasonable; and
4. Completing and providing a signed Independent Contractor Pre-Hire Worksheet and IRS Classification Factors Form.

C. The Director of Materiel Management, or Purchasing Manager by re-delegation, is appointed Responsible Administrative Official by the Chancellor for overall administration procedures and agreements.

This Official is responsible for ensuring compliance with the following:

1. All requisite documents have been fully approved and received;
2. Sole source justification is documented if the agreement is $15,000.00 or more and competitive proposals have not been solicited;
3. Adequate records are retained to document the transaction;
4. Ensures agreements are executed in accordance with University Policies and Procedures.

D. Unless expressly approved in writing by the Responsible Administrative and Program Review Officials, the appropriate Accounting Officer will insure that no payment is made to an independent consultant prior to the signing of an agreement and/or amendment.

III. Scope

A. The requirements and procedures of BUS-34 apply to securing the services of independent consultants for:

1. Campus activities for which administrative responsibility is vested in the Chancellor; and
2. University activities for which administrative responsibility is vested in the Vice Presidents or as designated by the President.

B.The administration and implementation of BUS-34 rest with the Chancellors and Vice Presidents.
C. The requirements and procedures of BUS-34 DO NOT APPLY TO:

1. Appointment of consultants under the Standing Orders of The Regents,Section 100.4(y), covering the appointments of architects and engineers for approved projects;
2. Appointments of consultants for the Ernest Orlando Lawrence Berkeley National Laboratory, the Lawrence Livermore National Laboratory or the Los Alamos National Laboratory;
3. University faculty members who serve internally as consultants, as covered in the Academic Personnel Manual, Section 664;
4. Engagements with The Regents' external audit firm, as covered in Business and Finance Bulletin BUS-76;
5. Independent contractor relationships, as covered in Business and Finance Bulletin BUS-43; or
6. Employer/employee relationships, as covered in the applicable personnel policies.