Policy Summary
UC Berkeley’s administrative policy regarding academic units’ engagement with third-party online education program management service providers who provide services in exchange for a percentage of student tuition.
Scope of Policy
Departments, schools, colleges, and centers who want to engage with third-party Online Program Management (OPM) vendors for services for online education program services in exchange for tuition. Additionally, those who need to renew existing OPM service agreements prior to July 1, 2022 fall under this policy. However, for faculty and departments who wish to purchase licenses for technology only, please contact your buyer and follow Supply Chain Management’s technology procurement guidelines (https://supplychain.berkeley.edu/procurement/find-your-buyer).
For engagement with OPM vendors where services in exchange for tuition are required, New Academic Ventures at Berkeley (NAV-B) will provide guidance to academic units,recommendations to their advisory board and to the Executive Vice Chancellor and Provost, and coordinate documentation, testing 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 through the process for proposal submission to EVCP. NAV-B also serves as UC Berkeley’s point of contact in negotiations with the vendor including contract details.
Why We Have This Policy
This policy is to help ensure the most favorable relationship and financial terms possible while also protecting UC Berkeley’s reputation and brand. It supports compliance with associated laws, particularly regarding ADA compliance and data security/privacy, while also ensuring IP and copyright protections are in place. Finally, it provides the EVCP’s Office with the transparency needed to make informed decisions that ensure campus partners receive the greatest benefit possible through participation in online education programs.
Procedures
NAV-B, collaborating with Supply Chain Management (SCM), Business Contracts and Brand Protection (BCBP), and Communications and Public Affairs and supported by Legal Affairs, will provide guidance through the process for proposal submission to EVCP. NAV-B also serves as UC Berkeley’s point of contact in negotiations with the vendor including contract details.
Competitive Bidding Process
A competitive bidding process is needed to contract with third-party online program management providers when tuition revenue share in exchange for goods and services is considered; however, depending on the unique specifics of the arrangement, exceptions may apply. NAV-B will coordinate with SCM, BCBP, and Communications and Public Affairs and will consult with Legal Affairs as needed to determine what process is required prior to contracting with a third-party online program management vendor.
Online Education Vendor Vetting
- The process for vetting technology follows the SCM processes in accordance with UC Berkeley Policies and Standards. These areas for analysis include the following:
- technology platform data security, data privacy, and accessibility compliance
- digital content accessibility compliance
- procurement processes and legal/policy compliance
- Additional analysis and review needed outside of the standard technology procurement processes include:
- digital asset as well as innovative enhancement ownership and access
- faculty intellectual property and copyright protection
- UC Berkeley brand protection and business contracts review
- financial modeling and feasibility analysis
- adherence to UC and UCB policies including faculty incentives and collective bargaining agreements
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The process can take 6 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.
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 6 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 initial consultation
- Provide needs and preferences for online program management services
- Determine Unit’s vendor request decisions and provide to NAV-B for submission of the complete proposal to EVCP
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
- Makes 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
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 contracts and negotiations with SCM and BCBP without the guidance of NAV-B and the approval of the EVCP.
Glossary
- Academic Units: schools, colleges and centers at the University of California, Berkeley
- Third-party Online Program Management Vendor or Service Provider: An external vendor providing any service related to online education in exchange for tuition share including technical platforms, course production, student services, marketing services, and recruitment services
- NAV-B: New Academic Ventures at 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
Related Documents and Policies
● NAV-B Intake Form and Process