PROCEDURES FOR UNDERTAKING CONSULTANCY THROUGH UCL CONSULTANTS LTD It is important that the consultant contacts UCL Consultants Ltd as early as possible in the negotiation stage. Full details of procedures, costings and forms to use can be found on UCL Consultants Ltd’s website: 1. APPROVAL/ AGREEMENTS The Head of Department (HoD), or deputy must approve ALL consultancies in line with the ’40 day rule’, via the Approval Form before the project commences. In cases where the consultant is a HoD, Dean or Vice Provost, application for approval should be made respectively to the Dean, Vice Provost or Provost. Before the consultancy is processed by UCL Consultants Ltd, the Consultant is required to complete a blanket ‘one-off’ agreement which signifies his agreement to allow UCL Consultants Ltd to contract work on his behalf. 2. PROJECT COSTING The Consultant completes a Costing and Pricing Form to document the full cost of the project. This is signed by the Consultant and by the HoD. a. Consultant’s charge out rate UCL Consultants Ltd can assist in the costing and pricing of consultant’s fees. The ‘day rate’ of the Consultant should be guided by what the market will bear. UCL Consultants Ltd has experience in negotiating the appropriate day rate for different types of consultancy assignment and will, with the approval of the Consultant, help to negotiate the optimum price. b. Support staff costs Before committing to the costs, the consultant should contact UCL Consultants Ltd for advice. To help Departments calculate gross salary costs for support staff and academic related staff, further details can be found at: http://www.ucl.com/uclbusiness/pages/info_academics/consultants/consultantfaqs.ht ml. If support staff perform the work out of hours they receive a payment at overtime rates payable through PAYE. However, such payments are not superannuable. c. Use of Department Resources Where the Consultant is using Department resources e.g. equipment, consumables and resources, he should check with the HoD and/or Departmental Administrator for permission and price for use. Guidelines for costing department resources can be found in Section 5 of UCL Consultants Ltd FAQs. The full cost of any UCL resource used in the course of the Consultancy MUST BE charged to the Client – UCL cannot permit its resources to be used at less than full cost since to do so would be to subsidise the Consultancy project. If using department resources, at the outset the Consultant should specify a departmental account into which UCL Consultants Ltd will transfer payment, when they receive payment from the Client. d. Other costs e.g. travel, subsistence, consumables etc. Clients will expect a reasonably accurate estimate of travel costs to be incurred in a budget. Many clients will wish to pay for travel and subsistence costs outside the agreed budget and as a direct reimbursement to the Consultant and most travel will need the prior permission of the Client. Clients will require proof of travel costs before reimbursement through the production of the original receipts. This requirement applies for travel expenses incurred through the contract or outside the contract. e. Sub Consultant. If you wish to employ sub-consultants, UCL Consultants Ltd will arrange the issue of a contract. A 20% management/ administration charge will be included for the preparation of the sub-contract, payment of sub-contractors and credit control function. 3. PAYMENT TO THE CONSULTANT UCL Consultants Ltd will pay gross fees to the Consultant under ‘Schedule D’ whereby the Consultant will be responsible for completing his/ her own tax return. In order to assist the consultant, UCL Consultants Ltd will provide annual statements of the consultant’s gross income and guidance on how to compete a tax return. However, if the Consultant wishes to channel his fees back to the Department to support Departmental activities, he should indicate the intended distribution of fee income on the Costing and Pricing form so that the credit to the Departmental account can be made by UCL Consultants Ltd. 4. FINANCE AND REPORTING UCL Consultants Ltd will provide monthly reports to consultants on account status. Also, UCL Consultants Ltd will prepare an annual statement for UCL to show the proportion of the annual surplus to be distributed to the UCL Centre and each department, in proportion with that department’s use of UCL Consultants Ltd. 5. LEGAL ISSUES UCL Consultants Ltd will act as an interface between the consultant, department and client where necessary and negotiate with the Client on behalf of the Consultant on cost and terms and conditions of consultancy contracts. UCL Consultants Ltd will also prepare agreements between UCL Consultants Ltd and the client and any sub-contracts as required. Indemnity Insurance - Scope of cover UCL consultancies administered by UCL Consultants Ltd are all covered under UCL’s indemnity insurance policy. High risk UCL consultancies The terms of UCL’s insurance require UCL to inform the insurers in advance of any UCL consultancy project which is regarded as “unduly high risk”. Cover is normally available but the insurers reserve the right to refuse cover, or to charge an additional premium, or to stipulate restrictions on the terms of cover, or may wish to contact the client’s insurers with a view to sharing risks. Identification of high risk projects UCL clearly depends on the judgement of the consultant and HoD for initial identification of high risk projects – a tick box is provided on the Costing and Pricing Form for this purpose. The golden rule is – if in any doubt about the level of risk involved; tick the box to alert UCL Consultants Ltd to the risk so that Finance Division can arrange for details to be put to the insurers for a ruling. Examples of High Risk projects No particular guidelines are given by the insurers as to the definition of “unduly high risk” projects. However, examples of projects which UCL would regard as requiring declaration would be: advice on the life of oil rig structures in corrosive environments based on corrosion tests design of safety equipment for hazardous environments design of new or non-standard shut-off valves for oil pipelines in overland supply lines design of novel building structures, bridges, etc. advice on safety procedures of an organisation any contract undertaken in or for clients based in USA or Canada In these examples, although the terms of contract should ensure that the client is responsible for management decisions taken after receipt of the consultant’s report and for overall product liability, if there is a high cost disaster in the future and negligence on the part of the consultant is alleged or proven as contributing to the cause of the disaster, the claim for damages could be very high. Contracts undertaken in or for clients based in US/Canada Projects for US or Canadian clients or for any non-US/Canadian organisation where the work is to be undertaken in the US or Canada, are automatically classed as high risk and will NOT be covered by UCL’s insurance unless declared beforehand on the Costing and Pricing Form and cleared with the insurers by Finance Division. HODs may sign the Costing and Pricing Form to signify their approval of other aspects of such consultancies, but UCL Consultants Ltd is not able to initiate the project until any special terms which may be required by the insurers (e.g. increased premium charge and/or any restrictions on liability) have been allowed for in the agreement with the client. The Procedure – Consultancy via UCL Consultants Ltd Academic wishes to undertake consultancy work Academic obtains approval from HoD by completing the Approval Form Academic decides to channel work via UCL OR as a Private Consultancy Private Consultancy Refer to: UCL Consultancy Guidelines Procedure for undertaking Private Consultancy UCL Consultants Ltd Consultant contacts UCL Consultants as early as possible in the negotiation stage and completes Costing and Pricing Form detailing: - Consultant’s fee (in consultation with UCL Consultants Ltd) - Support staff and use of Department resources (in consultation with the HoD/ DA) - Sub-consultants (in consultation with UCL Consultants Ltd) At the outset, the Consultant must highlight to UCL Consultants Ltd if the project is in the ‘high risk’ category.