University of California Office of the President
Office of the
Associate Vice President --
Business and Finance
Contracts and Gram Office
Memo Operating Guidance
October 25, 1988
ASSOCIATE/DEPUTY DIRECTORS OF ADMINISTRATION LABORATORY CONTRACTS AND GRANTS OFFICERS
Subject: Delegations and Redelegations of Laboratory Contract and Grant Authority
On October 6, 1988, President Gardner issued a new delegation of authority to each Laboratory Director which increased the level of execution authority with respect to contracts and grants from $1,000,000 to $2,000,000 in direct costs in any one project year, in accordance with amended Standing Order 100.4(dd)(2). (See copies of new delegations, Enclosures la, lb, and lc).
You will note that the new delegations supersede and combine two previous Laboratory Directors' delegations of authority: "To Solicit, Accept, or Execute Certain Extramural Grants and Contracts," issued in 1974 (Enclosure 2a, 2b, and 2c) and "State of California Standard Agreements," issued in 1975 (Enclosure 3). In addition, various restrictions which were previously imposed in the earlier delegations on Laboratory Directors' contract and grant authority have been removed in the revised delegations.
When revised delegations of contract and grant authority are issued to Laboratory Directors either to supersede or to augment prior delegations, Laboratory Directors may wish to update their redelegations to Laboratory Contract and Grant Officers and other Laboratory officials consistent with the updated authority. Accordingly, you now may wish to request an updated delegation from your Laboratory Director in order that your contract and grant authority will be current as well as consistent with the increased authority now delegated to Laboratory Directors.
In the event that you are asked to assist your Laboratory Director in drafting revised redelegations of contract and grant authority for your Laboratory, a model redelegation format is attached for guidance, along with the guidance provided in a September 12, 1988 memo from the Coordinator--Administrative Policies. (See Enclosure 4a and 4b.) Please keep in mind that only the Laboratory Director has authority to redelegate contract or grant authority.
Copies of redelegations must be sent to the Senior Vice President--Administration, the Director--Coordination and Review, and the General Counsel and the Secretary of The Regents.
Refer: Willie C. Archie
Subject Index: 13
Organization Index: U-115
Joseph A. Pastrone
Associate Vice President--Business and Finance
Vice Chancellors - Business and Finance/Administration
Contracts and Grants Officers (Non-Lab)
Office of the President Functional Managers
JOHN H. NUCKOLLS, DIRECTOR
LAWRENCE LIVERMORE NATIONAL LABORATORY
Delegation of Authority--To Solicit and Accept or Execute Certain Extramural Grants and Contracts
The authority granted to the President in Section 100.4(dd) (2) of the Standing Orders of The Regents was amended on September 18, 1987 to increase the President's execution authority with respect to contracts or grants from $1,000,000 to $2,000,000 in direct costs in any one project year. The authority granted to the President in the attached Standing Order 100.4(dd) is delegated to you as Director of the Lawrence Livermore National Laboratory to the extent described below, as it pertains to extramural grants and contracts for research, scholarly or professional training, or for public service programs relating either to research or to scholarly or professional training, solicited or received from sponsors other than the Department of Energy or any successor agency to it, by which each sponsor is willing to have the work performed consistent with the terms of Contract W-7405--ENG-48.
This delegation removes three exceptions to the authority delegated on July 24, 1974 which restricted your authority. You have authority now (1) to execute documents that involve joint or simultaneous awards to the Laboratory and one or more campuses of the University, or one or more organizations or educational institutions outside the University system, for performance of work under the same program or project; (2) to solicit and accept, or execute grants and contracts from foreign sponsors, consistent with the terms of Contract W-7405-ENG-48; and (3) to acquire under grants or contracts computer hardware, software, or systems engineering support without prior approval of the Senior Vice President--Administration. For purposes of this delegation, the term grant includes grants from private sources, but excludes gifts-as defined in the Policy Guidelines for Review of Gifts/Grants for Research issued by the President on July 8, 1980.
Within the scope of this delegation, you are authorized to solicit and accept or execute such grants and contracts, including the signing of related documents as necessary, except those grants, contracts, or related documents solicited or accepted on behalf of The Regents of the University of California which:
--contain provisions which fall within the restrictions and limitations set forth in Standing Order 100.4(dd); however, notwithstanding Standing Order 100.4(dd)(10), you may execute State of California Standard Agreements which include an indemnity clause under which the University assumes liability for the conduct of persons other than University personnel;
--include an arrangement for indirect costs which changes the rates or the bases thereof as promulgated by the Office of The President; or
--require approval by the President or designs. pursuant specific policy memoranda issued from time to time.
Laboratory procedures for preparation of proposals for extramural support and acceptance of grants or execution of contracts, including reporting of your contract and grant activities, shall be in accordance with the University of California Contract and Grant Manual and with supplementary instructions which may be issued by the Office of the President.
A critical factor in processing contracts and grants is the review for legal sufficiency. Responsibility for accomplishing that review must be assigned specifically as a part of any redelegation by you. Attached is a copy of a pertinent Office of
General Counsel memorandum dated March 27, 1974 which provides guidance on this particular point. Whenever there is any question as to whether a particular grant or contract requires legal review, General Counsel's advice shall be obtained.
This delegation is effective immediately and supersedes the July 24, 1974 letter to the Director, Lawrence Livermore Laboratory delegating authority to solicit, accept, or execute certain extramural grants and contracts (DA 0466), and that portion of the May 21, 1975 delegation to Laboratory Directors concerning State of California Standard Agreements (DA 0516).
This authority may be redelegated to specific designees, but may not be further redelegated. Any redelegation shall be in writing, with copies to the Senior Vice President--Administration, the Director--Coordination and Review, and the General Counsel and the Secretary of The Regents.
Members, President's Cabinet
Associate Vice President--Business and Finance Director--Coordination & Review Principal Officers of The Regents