Sales and Service Agreements
Within the limitations of University Regulation 4, SIO is able to engage in non-research service work for outside entities. In order to make sure this work is completed according to UC policy, there are some guidelines for you to follow.
First, determine whether your proposed project is indeed a service project, rather than research. General guidelines are below but technical leads should consult with their business offices, and SIO C&G as needed.
Characteristics of a research project include:
- contributing to the scholarly/scientific conduct of the project
- has its performance measured against whether the objectives of the program were met
- has responsibility for programmatic decision making
- work requires use of the discretion and unique expertise of the organization/PI
- publications and/or IP will be developed by SIO
Characteristics of a service project include:
- no involvement in the direction of the work or the scientific/scholarly endeavor
- provided goods or services are in support of, but are ancillary to, the research efforts of the purchaser
- provide similar goods and services to many purchasers
- "skilled pair of hands” – anyone with the same training/experience could do the work, and there is no scientific contribution to the program - we are just doing what the purchaser tells us to do
The Uniform Guidance, Section 200.330 (c), instructs us to use judgment in making a determination.
All SIO service agreements must be routed through Kuali Research. Submitting a service agreement within Kuali will trigger SIO C&G involvement. Please see guidance documents below.
Departments should feel free to send out quotations for services with two limitations: first, if a quote is being sent in response to an RFP or in a competitive environment, C&G needs to be involved before the quote goes out; second, all quotes should include our standard quote disclaimer affirming that our standard terms and conditions are the only terms and conditions that apply to our work. Our standard service agreement should be sent as an attachment along with every quote, as well as any time you respond to an informal inquiry/expression of interest in service work.
Should a company sign our standard service agreement with no changes and if there are no export control issues, work and spending may begin and you can submit the signed agreement to SIO C&G through Kuali for processing. However, if you are being asked to submit a formal RFP response, if the customer declines to accept our standard service agreement and/or sends you a PO that contains or references its own terms and conditions, or there are any export control concerns, please submit a proposal in Kulai immediately and do not begin any work until you have C&G approval.
A Restricted Party Screening must be conducted via Visual Compliance for all sales and service agreements (https://www.visualcompliance.com/). Please contact UCSD Export Control for access to this tool, and please also take care to contact them well in advance where controlled items, materials, or information may be involved.
Please do not hesitate to contact Andrea Lupu in SIO C&G (firstname.lastname@example.org/202-253-9603) with any questions or concerns.