Buying Goods and Services

Maintenance orders need to be processed through Facilities Management WebTMA system*: Maintenance services are the ongoing upkeep of buildings, equipment, roads, grounds, and utilities required to keep a Facility in a condition adequate to support the University's academic, scientific, and public service functions. It consists of the preservation, but not the improvement of buildings and grounds. Maintenance is generally on a routine or recurring basis, and may be to bring equipment back to a fully functional state. However, if a replacement is needed for the purpose of upgrading a system, it is not considered maintenance.

Construction is the act, art, or business of moving, demolishing, installing, or building a structure, facility, or system according to a plan or by a definite process. Construction consists of the application of any of these techniques to physical plant facilities such as structures, utilities, excavations, landscaping, site improvements, drainage systems and roads, and additions, deletions, or modifications of such facilities. Exterior and interior painting of new structures is a form of construction. Painting, while seemingly maintenance, is generally deemed construction.

Resources

View a Maintenance vs Construction Decision matrix: If you're unsure about going through FM or DCS
Campus Design & Facilities Contracting Services FAQ's: http://www.facilities.ucsb.edu/faqs

*Note: If Facilities staff cannot provide the maintenance services, or do not have a JOC on file, Facilities can process an order through Gateway for the maintenance services.

California recently signed into law the Dynamex Decision (AB5 - subsequently amended in 9/2020 as AB2257), codifying how workers should be classified as employees. Essentially the law now stipulates that individuals (including sole proprietors) who provide services in California are presumed to be employees unless proven to be an independent contractor. The goal of this law is to expand coverage of unemployment insurance, workers comp, overtime pay, expense reimbursements and wage and hour laws to workers. The hiring entity (UC) has the burden of proving how a worker is be considered an independent contractor.

There are two different tests the UC must apply when considering how to classify these workers: 1) the ABC test, and 2) the Borello test. The Borello test is only used with certain types of services (outlined below), whereas the ABC test is used with every other type of service.

1. ABC (this is statutory law):
a. that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
b. that the worker performs work that is outside the usual course of the hiring entity’s business; and
c. that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

2. Borello:
a. This is essentially the IRS test. The questions aim to determine control of the process. In other words, if the UC is generally in control of the work product and outcome, then the worker is an employee.
b. There are many categories codified in AB2257 that are exempt from the ABC test; Employment Services can help identify which might apply.

How can my department comply?

1. Submit a request through HR's ServiceNow system: https://ucsb.service-now.com/contractingout
2. Be sure to add the scope of work as an attachment, or in the ticket description.
3. If HR lets you know the service can be hired through Gateway as an Independent Contractor, please upload a copy of that email/ticket to your subsequent Gateway Requisition.

Helpful Resources:
View the law text: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB2257

The UCSB campus currently has bus contracts with the following suppliers:

• Bus services (21+ passengers):
  Santa Barbara Airbus (805) 964-7759
• Shuttle Services (9-20 passengers):
  Santa Barbara Airbus (805) 964-7759
• Private Car Services (1-8 passengers)
  Rockstar Transportation 805.882.9191

Charters for buses which will be used only by UC employees, students, invitees, etc., should be processed on a purchase order in Gateway. Buses used for public transportation (i.e. the general public also will be riding) can be paid through Travel/Entertainment.

Prior to submitting a purchase order for bus charters, please contact Patrick Anglin at x5740 (or patrick.anglin@ucsb.edu) to verify the insurance is acceptable per the number of passengers, and that the bus company has a satisfactory safety rating. View standard bus transportation insurance requirements.

Lab and Office moves can be paid through a UCSB Purchase Order. The property in a lab or office move belong to the University; therefore UCSB is liable for the items. The following vendors were awarded a master campus RFP (bid) for UC-owned property in 2021:

Movegreen - 866-684-7336, erik@movegreen.com (contract #21077)
Boyd Move Services - (805) 804-7758, boydjake33@gmail.com (contract #20174)
REM Sleep Solutions - 310-351-4440, rmaddix@msn.com (contract #20179)
King Van Lines - 310-261-2987, robert@rbking1.com (contract #20176)
Crown Worldwide - 510-773-2452, peter.vargus@crownwms.com (contract #20175)
Suddath - 619-993-7595, tim.balla@suddath.com (contract #20180)
NCS- 510-923-1968, cindy@ncsmoving.com (contract #20178)

When contacting the vendors, please make sure you reference their contract # (above), and the special pricing UCSB has through our bid #HB12112020P. The award and contracts are valid through 2/2026, with the potential for extension through 2029.

Removals for personal items may be paid either by Reimbursement to the new faculty/staff member, or via a Travel Advance through Annette.Gonzalez@bfs.ucsb.edu in Accounts Payable. The Accounting Manual Disbursements D371-16 does not grant Procurement the delegation for personal removals. Public funds and University resources cannot be used for personal purchases per UC Policy BUS-43; payment to a hiree for a personal move is also tax reportable as a fringe benefit. Because the items are not University property, the University is not liable for damage to or loss of personal items. Therefore, if the Hiring Department wishes to pay for a Faculty's personal move, the appropriate payment mechanism is via reimbursement or travel advance in accordance with policies outlined in the UC Moving Policy G-13. Please remember to check the Hiree Allocation Letter for approved limits; Accounts Payable is not authorized to pay higher than the approved limit.

Broadline Furniture Contract

Our UC contracted supplier for broadline office furniture is Steelcase. UC Office of the President requires that we procure at least 80% of our office furniture spend with Steelcase. The campus Steelcase dealer is Tangram, who has a dedicated support team available at: UCSBadmin@tangraminteriors.com. Tangram does offer alternative products to Steelcase, and any custom or specialty products may be subject to deposit requirements.
View an overview of the Tangram team, quotes, and fees, and view recommended protocol and timelines when requesting services. Please report any issues using the Feedback Form below.

Ergonomic Furniture Contracts

Before buying office furniture (especially for faculty, staff, TAs, and graduate students), your department should consider ergonomic furniture. UC has ergonomic furniture contracts with Ergonomic Comfort Design, Grand Stands, Herman Miller, Office Master, Sitmatic, Workrite, and Steelcase. If you have questions about these contracts, please contact heather.perry@ucsb.edu.

The California Department of Industrial Relations (DIR), governing body for Prevailing Wage, added maintenance, installation, and repair work over $15,000.00 into their definition of “public works” earlier this year. That means that Procurement departments across the State are now required to report public work projects to the DIR for every purchase order in which prevailing wage applies. For UCSB, this means any requisition exceeding $15,000.00 with a supplier that provides “Routine, recurring, and usual work for the preservation, protection, and keeping of any publicly owned or operated facility” (CA Code of Regulations 16000) will need to be routed to Procurement for DIR project submission (Labor Code sec. 1773.3). The good news is that the process should only take a few hours longer than usual. However, if the Supplier is not already registered with the DIR, the Supplier will need to register, or the campus will need to find a new supplier for the service.

Common commodities with which Prevailing Wage may apply are listed below; and download our Prevailing Wage Determination & Maintenance vs. Construction matrices.

• Modular and Free-Standing Furniture (download)
• Audio/Visual Installation
• Bay Alarm & other fire alarms
• Tree Trimming/Landscaping
• Carpet installation

President Napolitano introduced Fair Work/Fair Wage this Summer of 2015 as a voluntary plan to establish a minimum wage of $15/hr by 2017 for both UC employees and suppliers to the UC. Procurement Services reviews all service-related requisitions we receive to ensure our suppliers can meet the requirement of providing wages at $14/hr in 2016, and then $15 in 2017. This UC requirement does not apply to goods-only purchases, services funded by federal C&G money, or if Prevailing Wage applies. Download our Fair Work Determination Matrix, and visit the UCOP Fair Work/Fair Wage website.
For more on both these topics, call or email Calli Price (x3723).

Hotels traditionally require a signed contract to reserve blocks of rooms for conferences, large meetings, etc. hosted by UCSB. These are "Room Block" or "Group Sales Agreements". The UCSB Procurement department has the campus Delegation of Authority for these contracts - please do NOT have your department sign. All these contracts need to be entered as a Contract Request Form in Gateway. NOTE: all "transient" (individual) rooms are *not* handled on a signed contract. Please work with your travel coordinator, Annette Gonzales' team in AP, and/or use your Corporate Card for those hotel rooms.

UCSB has negotiated terms with the following Hotels; signature on these contracts are processed much faster than other hotels:

• Best Westerm South Coast Inn - 5620 Calle Real in Goleta (805) 967-3200
• The Goodland (Kimpton) - 5650 Calle Real in Goleta (805) 964-6241
• Hilton Garden Inn Santa Barbara/Goleta - 6878 Hollister in Goleta (805) 562-5996
• Pacifica Suites - 5490 Hollister Avenue in Santa Barbara (805) 683-6722 (ask for Jessica Windle-Cross)
• Ramada Santa Barbara - 4770 Calle Real in Santa Barbara (805) 964-3511
• Hilton Santa Barbara Beachfront Resort - 633 East Cabrillo Blvd (805) 564-4333
• The Wayfarer - 12 East Montecito Street in Santa Barbara (805) 845-1000 (Ask for Miranda Duffield)

If your purchase uses the UCSB or University of California (UC) name and/or logo, or any derivation thereof, we must ensure compliance with the UC Code of Conduct. All acquisitions using the UC name and/or logo are considered Restricted. A license with our UC contracted vendor, CLC, must be current for vendors to sell us apparel and non-disposable goods (mugs, scarves, furniture, sportsgear, etc.).

Download a fact sheet about using licensed vendors and logos.

For a list of current vendors, visit https://clc.com/license-search and follow the below instructions:

1. If you want to search for a specific commodity, use the dropdown in Step 1. If you just want to search for a vendor, leave Step 1 blank.
2. In step 2, start to type in “Santa Barbara”, and click on our school name. Click the red Search button.
3. This brings up a large list on the same page. All the vendors that appear have current registrations. Anything listed as "Internal Only" cannot be used for resale purposes.

If a vendor you want to use is NOT on this list, please know there may be a 3-4 week turnaround for your vendor to register with CLC. or any questions about this process, please contact Carol Dreste in the UCSB Bookstore.

Paper items such as stationery, invitations, name tags, and banners do not require registration. Our standard purchase orders in Gateway include a clause to cover these purchases.

For information on purchases related to federal funds, please visit: https://www.bfs.ucsb.edu/procurement/buying-goods-and-services/federal-funds

Unauthorized Purchases:

As outlined in Bus 43, Section III, Part 1. H, if a purchase is identified as non-conforming to procedures, known as a confirming order, the end user will be required to submit to the Purchasing Department a written explanation of the circumstances leading to the purchase and an explanation for the lack of prior approval. This statement must be signed by his/her supervisor or department MSO, and include a statement of action to be taken to prevent future unauthorized purchases. It is possible, under the policy, that the person who authorized the purchase outside of our approved purchasing systems and methods could be held financially responsible for the purchase.

Personal Purchases:

The following statement applies to purchases such as refrigerators, microwaves, couches, coffee makers, plants, etc.* for individual faculty or staff use on University property and/or purchased with University funds.
Policy: BUS 43, Section III, Part 1 J:
"University credit, purchasing power, facilities, and services shall not be used to purchase goods or services for individuals or for non-University activities except where a University program has been approved by a University administrator with delegated authority with advice as appropriate from the Office of General Counsel."

Any purchase using University funds must directly benefit the overall need of your department or the University, not the individual(s) requesting the purchase. US Law states that government funds shall not be expended for items intended solely for personal convenience or to satisfy the personal desire of an employee or employees. As a co-equal branch of the California government, UCSB is considered a government entity. All funds coming into the UC are considered taxpayer funds, regardless of the source. Such funds belong to the University, not an individual.

*Items like those above fall into the category of "luxury items", unless they specifically contribute to the fulfillment of the mission of the teaching, research, or public service being conducted for University purposes. If your department can justify that the acquisition ensures the University receives the primary benefit of the expenditure, and meets the University’s mission, your purchase should be supported with sufficient documentation. These purchases do not need to come through, or be approved by Campus Purchasing.