13-500 Contract and Grant Authority

13-510 General Authority of the President

Standing Order 100.4(dd), Duties of the President, states:

(dd) Except as otherwise specifically provided in the Bylaws and Standing Orders, the President is authorized to execute on behalf of the Corporation all contracts and other documents necessary in the exercise of the President's duties, including documents to solicit and accept pledges, gifts, and grants, except that specific authorization by resolution of the Board shall be required for documents which involve or which are:

  1. Exceptions to approved University programs and policies or obligations on the part of the University to expenditures or costs for which there is no established fund source or which require the construction of facilities not previously approved.
  2. Renewal or modification of prime contracts with the Department of Energy for the operation of the Lawrence Berkeley National Laboratory…….
  3. Loans of funds of the Corporation, other than loans from established student, faculty, and staff loan funds.
  4. Agreements for the provision of employee group insurance benefits, with the understanding that Board authorization shall not be required for periodic revisions to existing agreements when the revisions do not substantially change the authorized scope of the benefit plans.
  5. Affiliation agreements with other institutions or hospitals involving direct financial obligations or commitments to programs not previously approved.
  6. Agreements with associations composed of medical staff for collection of professional fees for services rendered to patients at University or affiliated teaching hospitals.
  7. Applications for new licenses to the Federal Communications Commission for authority to operate radio or television broadcast equipment.
  8. Construction contracts in excess of appropriated funds.
  9. Agreements by which the University assumes liability for conduct of persons other than University officers, agents, employees, students, invitees, and guests. ……. This restriction does not apply to agreements under which the University assumes responsibility for the condition of property in its custody.

It is significant that Standing Order 100.4 (dd) gives broad authority to solicit as well as to accept awards. Nevertheless, the President's authority is clearly limited by powers reserved to The Regents. As specified in Standing Order 100.4(dd), assumption of third party liability and other unique circumstances outlined in 100.4(dd) must be approved by The Regents. The Regents have delegated authority to the President for the assumption of third party liability in specific types of agreements. (See Delegation of Authority: Approval of Indemnification Terms in Certain Limited Agreements in Support of Research.) Regental approval is recommended by the President in Regents' Agenda Items presented at scheduled Regents' meetings (see Chapter 10, Section 10-210 of this Manual).

13-520 Emergency Authority of the President

Standing Order 100.4 (ee) states:

Anything contained in subsection (dd) above to the contrary notwithstanding, the President is authorized to take all actions and to execute all documents necessary in the exercise of the President's duties when an emergency precludes prior submission to the Board, provided that in all such cases the President shall report such actions to the Board, through an appropriate Standing Committee, at its next regular meeting.

Therefore, in the rare event that a project exceeds the regular authority of the President to solicit and accept contracts outlined in Standing Order 100.4(dd) and requires action prior to the next meeting of The Regents, the President may solicit and accept the contract under authority granted in Standing Order 100.4(ee). This emergency authority has been retained by the President. However, the Executive Vice Presidents have been delegated all the powers of the President in the absence of the President, and thus have the emergency authority in the absence of the President.

13-530 Delegations of Authority

Under Standing Order 100.4(a), the President of the University may delegate any of the duties of the office, except service as an ex officio Regent. Presidential delegations of authority for the solicitation, acceptance, execution, and approval of contracts and grants flow from the President through six channels:

  1. General authority within the Office of the President (Section 13-600);
  2. Authority to Campuses (Section 13-700);
  3. Authority for the DOE Laboratory prime contract within the Office of the President (Section
  4. Authority to the Director -- Lawrence Berkeley National Laboratory (Section 13-900)
  5. Authority to the Vice President--Agriculture and Natural Resources (Section 13-1000); and
  6. Special Delegations of contract and grant authority (Section 13-1100).

The contract and grant authority is established in the context of delegations to parties for specific needs. The scope of the authority delegated varies according to those needs.