Policy Summary
This UC Berkeley administrative policy outlines the responsibilities of academic units in their engagement and annual review of third-party online education program management service providers, specifically those offering contractually obligated services for the university's academic, revenue-generating programs.
Definitions
- Academic Units: colleges, schools, departments, divisions, schools, colleges and centers and institutes at the University of California, Berkeley
- Third-party Online Program Management Vendor or Service Provider: Any third party that provides one or multiple services of the following nature: instructional design, learner and instructor recruitment, marketing, sales, academic technology platform, market analysis, financial modeling, content/course development (including pre and post production), white labeling of courses.
- NAV-B: New Academic Ventures - Berkeley
- SMC: Supply Chain Management
- BCBP: Business Contracts and Brand Protection
- EVCP: Executive Vice Chancellor and Provost
- SSALLEX: Summer Sessions, Study Abroad, Lifelong Learning and Extension
Scope of Policy
OPM Engagement, Procurement, Contract Creation and Negotiation
This policy covers colleges, schools, departments, divisions, centers, and institutes at the University of California, Berkeley, including University Extension, who wish to engage with third-party Online Program Management (OPM) vendors for services for online education programs. This policy also covers renewals of existing OPM service agreements that were originally issued prior to the establishment of this policy. For engagement with OPM vendors to provide services for any new revenue-generating academic program, New Academic Ventures at Berkeley (NAV-B) will guide academic units, make recommendations to the NAV-B advisory board and the Executive Vice Chancellor and Provost, and will coordinate documentation, due diligence and contract negotiations. NAV-B, collaborating with Supply Chain Management (SCM), Communications and Public Affairs, Business Contracts and Brand Protection (BCBP) and supported by Legal Affairs, will provide guidance for proposal submission to the EVCP. NAV-B also serves as UC Berkeley’s point of contact in negotiations with the vendor, including contract terms and conditions.
OPM Annual Review
All academic units at UC Berkeley, as well as University Extension, that offer academic programs in collaboration with Online Program Management (OPM) vendors, under a revenue-sharing contractual agreement, are required to conduct an annual review, which will commence in the Spring semester with the results due in June. This review ensures adherence to compliance standards outlined on both UC Berkeley and OPM websites. The findings, along with any actions taken to meet compliance requirements, must be formally documented by the units offering the programs.
The review process is centrally coordinated by New Academic Ventures - Berkeley (NAV-B). Every spring semester, a NAV-B representative will contact stakeholders from all campus units that are contracted with an OPM and subject to the annual review.
Why We Have This Policy
This policy is intended to ensure the best operational and financial terms while also protecting UC Berkeley’s reputation and brand. It promotes compliance with applicable laws, notably, ADA accessibility as well as data security and privacy, while also ensuring that university IP is protected. It provides the EVCP with the transparency needed to make informed decisions that ensure campus partners receive the greatest benefit possible through participation in online education programs. It also provides transparency, best practices and compliance standards for academic units who use services from third-party online program managers and service providers. Finally, this policy provides a means for transparent communication to current and prospective students about the nature of the UC Berkeley and OPM partnership, and will allow these learners to better understand the roles and responsibilities of the OPM provider in these academic programs.
Procedures
OPM Engagement, Procurement, Contract Creation and Negotiation
NAV-B, in collaboration with Supply Chain Management (SCM), Business Contracts and Brand Protection (BCBP), and Communications and Public Affairs, and with support from Legal Affairs, will provide guidance throughout the proposal submission process to the EVCP. NAV-B also serves as UC Berkeley’s primary point of contact for vendor negotiations, including contract details.
Competitive OPM Assessment
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An assessment of the competitive OPM environment is required when contracting with third-party OPM providers that involve program fee revenue sharing in exchange for goods or services. If the assessment indicates that a request for proposals (RFP) would likely yield improved contractual terms, the NAV-B Advisory Board will mandate its implementation. NAV-B will lead the collaboration with the academic department, SCM and BCBP before entering into any agreements with third-party OPMs, with advice as appropriate from the Office of Legal Affairs. Exceptions may apply based on the specific terms of the arrangement and must be proposed to and approved by the NAV-B Advisory Board.
Online Program Management (OPM) Provider Vetting
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The process for vetting technology follows the SCM processes in accordance with UC Berkeley Policies and Standards. These areas for analysis include the following:
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technology platform data security, data privacy, and accessibility compliance
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digital content accessibility compliance
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procurement processes and legal/policy compliance
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Additional analysis and review needed outside of the standard technology procurement processes include:
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digital asset as well as innovative enhancement ownership and access
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faculty intellectual property and copyright protection
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UC Berkeley brand protection and business contracts review
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financial modeling and feasibility analysis
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adherence to UC and UCB policies including faculty incentives and collective bargaining agreements
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The process can take six-plus months for academic departments and vendors to provide the information needed and control units to review and report findings. Beginning conversations early with NAV-B will help ensure the most efficient timeline.
OPM Annual Review
The central coordinator for the review process is New Academic Ventures - Berkeley (NAV-B). Each July a representative of NAV-B will reach out to stakeholders at all campus units contracted with an OPM and therefore subject to the annual review. The process for reviewing compliance standards (see below) and collecting the required information is:
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A NAV-B representative will reach out to campus units affected by this review policy.
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The NAV-B representative will provide a template to be filled out by the campus units. This template will collect the following information:
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Links to the appropriate sections of program websites that detail relevant information required by the below policies.
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Documentation of emails sent to students/OPM providers regarding curricula approval.
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Documentation verifying the collection of appropriate program revenue, including gross revenue and revenue shared according to OPM provider agreements/contracts.
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Finally, the NAV-B representative will share with the campus units specific dates for initial review of the draft templates, as well as the final submission deadline for the templates.
Compliance Standards to be Reviewed Annually
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All OPM provider relationships must be disclosed on relevant course and program pages on the websites for Berkeley Extension and all UCB academic units and the partner’s website (if contractually obligated).
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All relevant courseandprogram pages on all UC Berkeley websites, including Berkeley Extension websites, must link to a dedicated informational webpage that outlines the role of the OPM provider.
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When the OPM provides instruction for the academic program, the relevant course pages of the Berkeley program website must have instructor information, including education, training and experience posted.
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UC Berkeley academic program websites must clearly disclose the amounts of all nonrefundable deposits or fees for those programs that are offered in collaboration with an OPM provider.
Exception process for Requesting Third-party Service Providers
Existing contracts and agreements already in place prior to July 1, 2022 may continue under existing contracts and agreements. However, when existing contracts and agreements are up for renewal, approval to renew from the EVCP is needed. To ensure minimal disruptions of existing programs and/or operations, initial communications with NAV-B will greatly benefit from starting 12 months prior to contract expiration, but at least six months is needed. NAV-B will serve as UC Berkeley’s point of contact in negotiations with the vendor.
Responsibilities
Academic Units: Schools, Colleges, Divisions, Departments and Centers
- Contact navb@berkeley.edu to schedule an initial consultation
- Provide needs and preferences for online program management services
- Determine the Unit’s vendor request decisions and provide to NAV-B for submission of the complete proposal to EVCP
- Coordinate and collaborate with NAV-B annually every July for the annual review of compliance standards for those units that are currently in a revenue share agreement with an OPM vendor
Executive Vice Chancellor and Provost
- Approve/Deny third-party vendor requests related to the policy
- Approve changes to the third-party assessment process
- Approve contract terms including financial agreements
- EVCP must approve all OPM contracts. Contracts will not be executed without EVCP review and approval.
NAV-B’s Advisory Board
- Review all proposals including financial, viability, and risk analysis
- Make recommendations to the EVCP
- Board may determine after initial intake from NAV-B that spending resources on progressing vendor request through the approval process is not advised
NAV-B:
- Act as consultants for academic units
- Receive requests from academic units to work with third-party vendors and coordinates administrative unit reviews and analysis
- Coordinate data analysis, testing / vetting, and information gathering
- In coordination with SCM, guide units through procurement and other related policy processes
- Provides reporting and recommendations to the NAV-B Advisory Board
- Submit final approval request with supporting documentation to the Office of the EVCP
- Lead the negotiation of final terms with the third-party vendor, under advisement from EVCP, Legal Affairs, Risk Services and other review and/or control units
- Coordinates the annual review of compliance standards, providing project management expertise
Partnering Administrative Units:
- Provide processes, analysis and reporting related to their areas of responsibility and expertise. Administrative units include Communication and Public Affairs, Supply Chain Management, Business Contracts and Brand Protection, Research Teaching and Learning, and Berkeley IT
- SCM guides academic units through needed vendor request processes including RFI when necessary (3-month time frame) and RFP when necessary (3-month time frame)
- Contracts submitted for payment without NAV-B guidance and EVCP approval will be held by SCM until proper due diligence outlined in the policy is completed and the EVCP’s decision is made
- NAV-B, in coordination with SCM and Legal Affairs, leads protracted contract negotiations on behalf of the university (3-month time frame)
Consequences of Policy Violations
Academic units will not be able to complete statements of work and agreements with SCM and BCBP without the guidance of NAV-B and the approval of the EVCP.