Directing Work

End User Departments are responsible for directing their vendors’ services. Although it varies from contract to contract, directing vendors’ services entails the items listed below.

One important note: Although end user departments have the authority to direct work, they do not have authority to direct work before a contract is in place. Starting work before a contract is signed can lead to misunderstandings, extra costs, and significant legal problems. 

  • Commencement. Many deals require vendors to begin services on a specific date. But some contracts require vendors to begin services when requested by UConn. In the latter case, the End User Department should request that services commence. End User Departments should be aware that requesting services before your contract is in place could expose UConn to significant financial and legal risk. An End User Department that wishes to begin services before a contract is in place should consult with Procurement Services to discuss the risks and mitigation strategies.
  • Changes and Amendments. Contracts nearly always allow the parties to agree to change the services following contract execution. For such contracts, the End User Department will need to:
    • Document the change thoroughly. Such documentation should generally include the nature of the change, the date on which the change will become effective, and any change to compensation.
    • Ensure that the compensation for the change is consistent with the any method of calculating compensation in the contract. For example, some deals call for the change to be invoiced by the hour. Others may be at the vendor’s cost plus a specified mark-up.
    • Ensure that change documentation is properly signed and authorized (by both the vendor and UConn; note that only authorized individuals are permitted to sign on behalf of UConn). It is generally recommended that a change be memorialized by amendment if the change will alter a specification for a good or alter services for a period greater than three months.
    • End User Departments should confer with Procurement Services before effecting any change to ensure the change is properly documented, signed, and authorized. End User Departments should be aware that requesting changes before your change documentation is in place could expose UConn to significant financial and legal risk.
  • Issuing SOWs. Some contracts contemplate the parties entering into Statement of Work (SOWs) that will more specifically outline the scope of services. For such contracts, the End User Department has the same responsibilities as for Changes. The main difference between SOWs and Changes is that SOWs are generally in a prescribed form and never require an amendment. Changes should often be done by amendment as described above.
  • Approving Personnel and Subcontractors. Some deals allow UConn to pre-approve any personnel or subcontractors the vendor uses on the project. For such relationships, the End User Department will need to:
    • Determine whether the individual or subcontractor is qualified to perform the services. Procurement Services can assist with researching subcontractors on request.
    • Where the deal with the vendor is that the vendor will be compensated based on hourly rates of the personnel or subcontractor, the End User Department should ensure that the vendor has provided the requisite hourly rates.
    • Where the deal with the vendor is that UConn will pay the vendor for certain subcontractor costs, the End User Department should (prior to approving the subcontractor) obtain the necessary pricing information from the subcontractor.
    • Where the deal requires UConn to reimburse the vendor for the subcontractor’s invoice, End User Departments should ensure that any subcontracted entity is not affiliated with the vendor (because such arrangements could easily be used by a vendor to increase its compensation by having the affiliate charge greater than market rates).