On November 2, 2015, the University of California (UC), California State University System (CSU) and California Department of General Services (DGS), on behalf of the State agencies, signed a Memorandum of Understanding implementing standard model agreement format, terms and conditions, including standardized proposal content requirements. State Assembly Bill 20 (AB20) required the DGS and CSU, and encouraged UC, to negotiate the agreement. Therefore it is commonly referred to as "AB20".

The California Model Agreement (CMA) changes the way the State and the universities conduct business. Foundational to the process is the understanding that complete proposals, approved and endorsed by the campus sponsored projects office, will be required prior to award. The proposals will contain sufficient detail up front in an effort to clarify the expectations of the parties to avoid future misunderstandings and to reduce the post-award administrative burden. The applicable CMA exhibits will become a part of the final award so it is important to ensure that they are complete and accurate.

 

For the recovery of IDC from State of California funding, University of California, Office of the President (UCOP) has established a rate which increases incrementally over 6-1/2 years from 25% to 40% of the Modified Total Direct Costs (as defined in our federally-negotiated rate agreement).

The rate in effect for first year of a multi-year project will be the rate used for the entire project unless additional funds (not previously appropriated or budgeted) are awarded; this new budget would use the rate in effect at the time the budget is constructed. See table below. (See UCOP Website for related information)

If UCSB is a subrecipient of federal funds and the State agency is a pass-through entity, as defined in the Uniform Guidance (2 CFR 200.93 and 2 CFR 200.74) then UCSB should budget and receive our federally negotiated rate for the project as specified by 2 CFR 200.331(a)(4).

Rate Schedule for IDC Recovery for State of California Agreements

EFFECTIVE PERIOD OFF-CAMPUS RATE ON-CAMPUS RATE BASE
January 1, 2016 through June 30, 2019 25% 25% MTDC (F&A Rate Agreement)
July 1, 2019 through June 30, 2021 25% 30% MTDC (F&A Rate Agreement)
July 1, 2021 through June 30, 2022 25% 30% MTDC (F&A Rate Agreement)
July 1, 2022 through June 30, 2023 25% 30% MTDC (F&A Rate Agreement)
July 1, 2023 through June 30, 2024 25% 35% MTDC (F&A Rate Agreement)
After July 1, 2024 25% 40% MTDC (F&A Rate Agreement)

 

Rate may change per RPAC guidance. 
If the state agency or department will not pay the appropriate UC Rate, the procedures outlined in the February 6, 2017 CGLink email must be followed prior to an exception being requested. Please contact your Sponsored Projects Team if you have any questions.

 

The model terms stipulate that UC will provide the State with a proposal in advance of any award made. Proposals to the State should be submitted in compliance with the sposor's published guidelines. If the sponsor's published guidelines are condusive to submitting the proposal using the CMA exhibit format, then at a minimum the following exhibits should be included (Templates of the below Exhibits can be found on the CA Dept of General Services (DGS) website under the Model Agreement Template Link):

  • Exhibit A - Scope of Work: List all items that will be delivered to the State under the proposed Scope of Work. Include all reports, including draft reports for State review, and any other deliverables requested by the State and agreed to by the PI. Items listed on the top half of the form will result in copyrights to such deliverables owned bv UC.  Items listed on the bottom half of the form will result in copyright to such deliverables owned by the State.  Use of the bottom half of the form is appropriate if the purpose of the Scope of Work is to create copyrightable works for use by the State. SPO will review this list, as the State will receive a Non-Exclusive Royalty-Free license to every item listed as a Deliverable.
  • Exhibit A1 -Schedule of Deliverables: List all items that will be delivered to the State under the proposed Scope of Work. Include all reports, including draft reports for State review, and any other deliverables requested by the State and agreed to by the PI. Items listed on the top half of the form will result in copyrights to such deliverables owned bv UC.  Items listed on the bottom half of the form will result in copyright to such deliverables owned by the State.  Use of the bottom half of the form is appropriate if the purpose of the Scope of Work is to create copyrightable works for use by the State. SPO will review this list, as the State will receive a Non-Exclusive Royalty-Free license to every item listed as a Deliverable.
  • Exhibit A2 - Key Personnel: Changes to personnel listed on this Exhibit during an award period will require State agency approval, so only list PI and Co-PI (if applicable)
  • Exhibit A3 - Authorized Representatives and Notices: Only list contact details for UCSB individuals. State representatives are generally populated at award stage.
  • Exhibit A4 - Use of Intellectual Property (include only if applicable): List pre-existing data, copyrighted works and deliverables owned by UCSB.  If applicable, pre-existing materials owned by the State or a third party will be listed at time of award. If no third-party or preexisting data or copyrighted works will be used, check “none” in this section or do not include a part of proposal components.
  • Exhibit A5 - Resume/Bio: Attach CV/Résumé/Biosketch for Key Personnel listed in Exhibit A2 only.
  • Exhibit A6 - Current and Pending Confidential Information (include only if applicable)
  • Exhibit B - Budget (sample proposal budget workbook)
  • Exhibit B1 - Budget Justification
  • Exhibit B2 - Subawardee Budget (include only if applicable)
  • Other elements may be required according to the sponsor's guidelines and/or online submission portal. Please contact your Sponsored Projects Team if you have any questions.

Addtional details on the exhibit formats can be found within the State and University Proposal & Administration Manual

** Note - All state-funded travel must comply with the travel restrictions imposed by Assembly Bill No. 1887. For information, see the Business and Financial Services website or the State Attorney General's website **

If the proposal was not submitted in the CMA exhibit format, prior to an agreement being issued - the original application may need to be converted to the applicable CMA exhibit format. See details in section above under 'General Components to Consider for State Proposals'.

Also, depending on the specifics of the proposed work, the following exhibits may also need to be included:

  • Exhibit D - Additional Requirements Associate to Funding Sources
  • Exhibit E - Special Conditions for Security of Confidential Information
  • Exhibit F - Access to State Facilities or Computing Resources
  • Exhibit G - Negotiated Alternate UTC Terms

Templates of the above Exhibits can be found on the CA Dept of General Services (DGS) website under the Model Agreement Template Link

Addtional detailes on the exhibit formats can be found within the State and University Proposal & Administration Manual

The State of California Department of General Services (DGS) website provides the current set of model contract terms with the University of California and the California State Universities pursuant to Education Code section 67325, et. seq. Therefore, a funded agreement between the State and UC will be governed by the California Model Agreement and the Exhibit C - UTC 518 – University Terms and Conditions . Note that the agreement will contain only the CMA exhibits specific to the needs of the individual project.

If you have questions, please contact your SPO team to discuss these recent changes to UC – State contracting interactions.