Services Agreements
When engaging a supplier to perform most services, depending upon the value of the agreement, departments either execute the Short Form Services Agreement for $15,000 or less or for greater than $15,000 submit a Contract Request through the PantherExpress System Contracts+ module. Use a Services Agreement Checklist to help in completing either of these processes. You may also access the short form services agreement SharePoint information and follow the SharePoint guidance for more detailed direction processing agreements in Contracts+.
Refer to the SharePoint for guidance on creating invoices against a Contract Payment Form PO.
Supplier Provided Agreement
The University’s preference is to use a contract template drafted by the University of Pittsburgh. If a supplier insists that their template contract must be used, submit a Contract Request through the PantherExpress System Contracts+ module, choose Services Agreement as the contract type, attach the supplier’s template contract, and choose “yes” to the question “Has the supplier provided a contract document to be used?”.
Services Agreements for Sponsored Research Projects
Under sponsored research projects, different administrative and audit requirements exist for subrecipients (financial assistance) and vendors (procurement actions). Because of these differences, University agreements must be administered by either the Office of Sponsored Programs or Purchasing Services. Review the following information to determine the third-party relationship and which of these two offices should handle the agreement:
- Office of Sponsored Programs vs. Purchasing Services
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The Office of Sponsored Programs is responsible for issuing subawards from prime agreements (contract, grant, or cooperative agreement) awarded to the University. Purchasing Services is responsible for issuing service agreements for goods and services from contractors.
The following table and the Uniform Guidance §200.331 outlines the differences between subrecipients and suppliers:
Subrecipient Relationship
Office of Sponsored Programs manages agreements with subrecipients
Supplier Relationship
Purchasing Services manages agreements with suppliers (contractors)
Subawards - Issued by Office of Sponsored Programs
- Performs substantive, programmatic work in an intellectually significant way
- Has an identified Principal Investigator (PI) who serves as the Pitt co-investigator on an externally-funded award
- Responsible for adherence to terms and conditions flowed down from Pitt's external sponsor
- Performs work that may result in intellectual property development or publishable results, including co-authorship
Services Agreements or Purchase Orders - Issued by Purchasing Services
- Performs specific services ancillary to the operation of the sponsored project
- Does not have much or any independent decision making for design and implementation of the sponsored project
- Responsible for deliverables, that if not satisfactorily completed, may result in withholding of payment or requirement to redo the work
- Has no expectation of retaining intellectual property or authoring/co-authoring publications
Uniform Guidance §_200.330(a) states that:
A subaward is for the purpose of carrying out a portion of a federal award and creates a federal assistance relationship with the subrecipient.
Characteristics that support the classification of the non-federal entity as a subrecipient include whom the non-federal entity:- Determines who is eligible to receive which type of federal assistance.
- Has its performance measured in relation to whether the objectives of the federal program are met.
- Has responsibility for programmatic decision making.
- Is responsible for adherence to applicable federal program requirements specified in the federal award.
- Uses the federal funds to carry out a program of the organization as compared to providing goods and services for a program of the pass-through entity.
Uniform Guidance §_200.330(b) states that:
A contract is for the purpose of obtaining goods and services for the non-federal entity’s own use and creates a procurement relationship with the contractor.
Characteristics indicative of a procurement relationship between the non-federal entity and a contractor are when the contractor:- Provides goods and services within normal business operations.
- Provides similar goods and services to many different purchasers.
- Normally operates in a competitive environment.
- Provides goods or services that are ancillary to the operation of the federal program.
- Is not subject to compliance requirements of the federal program.
- Initiating a Request for a New Subaward or Services Agreement
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If the third-party relationship has the characteristics of a subrecipient, complete the Subaward Agreement Request through the Office of Sponsored Programs.
If the third-party relationship has the characteristics of a contractor:
- For goods purchases, follow the Requisition Checklist.
- For services purchases, follow the Services Agreement Checklist.
Research Subcontract
This PantherExpress System specialty form should be used when the service purchase is part of a research subcontract executed by the Office of Sponsored Programs. The form must be submitted with the fully executed research subcontract and approved before any payments can be processed. To process payments, attach a copy of the invoice into the PantherExpress System against the approved form and enter the invoice data.
Equipment Maintenance, Service & Support Agreements
Specialty Underwriters is a University-wide contracted supplier for equipment maintenance, service and support. With few exceptions, listed on their contracted supplier webpage, all equipment maintenance, service and support agreements should be purchased through Specialty Underwriters, in accordance with University Policy FN 07.
Agreements for equipment maintenance, service and support need to be entered into the PantherExpress System using the Blanket/Standing Order Standard form. This form needs to include the period of time the agreement is effective and the previous PO number, if any.
All requisitions for agreements for equipment maintenance, service and support need to include a quote from Specialty Underwriters or, if Specialty Underwriters is unable to provide a quote, a copy of the email from Specialty Underwriters that they cannot quote.
Dues/ Membership Form
The OneCard is the preferred method of payment for all purchases of dues, professional memberships, registrations, and subscriptions. If the purchaser is unable to use the OneCard, then the Dues/Memberships Specialty form in the PantherExpress System may be used. This form is approved in the PantherExpress System by the requestor’s second signature approver, but not by Purchasing Services, prior to payment being processed. An invoice is automatically generated by the PantherExpress System from the data you enter in the Specialty Form. Attach a copy of the invoice you receive from the supplier when completing the form to submit for approval.
Conference & Event (C&E) Contract Request
The Conference & Event Contract Request in the Contracts+ module of the PantherExpress System must be used to book Signature Venues costing more than $15K for conference space, hotels, or an event that the University is hosting. More information is provided in the Conferences and Events Agreements section. The contract must be fully executed before any payments are made. The preference is that pre-payments and final payments for conference space, hotel rooms, signature venues, and events be paid by OneCard.
Other Payment Request
The Other Payment Request (OPR) is a PantherExpress System specialty form that should be used rarely for regulatory payments such as taxes, fees and licenses or for exceptional situations that have been previously approved by Payment Processing & Compliance. This form requires second signature approval within the department, and it requires approval by Payment Processing & Compliance. An invoice is automatically generated by the PantherExpress System from the data you enter in the Other Payment Request Form. Attach a copy of the invoice you receive from the supplier when completing the form to submit for approval.
Refunds
This form should only be used to issue a refund due to overpayment made by or to the University. This form is approved in the PantherExpress System by the requestor’s second signature approver, but not by Purchasing Services, prior to being processed. An invoice is automatically generated by the PantherExpress System from the data you enter in the Refunds Specialty Form. Attach a copy of the refund memo documentation to support the refund amount and purpose when completing the form for approval.