A faculty member in our department wants to enter into a Services Agreement, but I think it may be Research. How do I proceed?

Research vs. Services Determination

Sometimes external agencies ask university personnel to perform services related to that agency's own research. Because these tasks may appear to be research-oriented, it is important to carefully evaluate the Statement of Work (SOW) to determine if the relationship should be classified as a contractor (service provider) or a subawardee (research partner).

Federal Definition: Research and Development (R&D)

The Federal Uniform Guidance (200.87) defines Research and Development as follows:

R&D means all research activities, both basic and applied, and all development activities that are performed by non-federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function.

Research is defined as a systematic study directed toward fuller scientific knowledge or understanding of the subject studied. Development is the systematic use of knowledge and understanding gained from research directed toward the production of useful materials, devices, systems, or methods, including the design and development of prototypes and processes.

University of California Definition: Research

The University of California (UC) defines research by the following criteria:

The majority of the scope of work involves investigation or experimentation aimed at the discovery and interpretation of facts, the revision of accepted theories or laws in light of new facts, or the practical application of such new or revised theories or laws. University personnel are involved in decisions regarding the design or implementation of the research and or the interpretation of the research results. University personnel are credited as authors on papers that emerge from the research. The work carried out by university personnel may (but need not) result in patentable or copyrightable technology or products. This may be applied or basic research.

If you are still unsure if your Principal Investigator (PI) is performing services or research, please use the Contractor vs. Subrecipient Determination Form (Document) created by Procurement and the Sponsored Projects Office (SPO).

For more information, please view instructions for revenue-generating Services Agreements for instances where the scope of work is not classified as research.