Stop Work Order - K06
Purpose
This procedure documents the steps necessary to process a Stop Work Order (SWO) from a sponsor.
Scope
This procedure applies to all sponsored contracts.
Procedure
A Stop Work Order is an instrument issued by the sponsor to suspend work under a contract but without terminating the contract. The order will specify a date beyond which the contractor may not perform. In other words, any costs incurred after that date become unallowable, except to the extent that they were in some way unavoidable.
When you receive a stop work order from the sponsor, immediately forward the SWO to the Office of Research and Sponsored Programs Service Center (ORSP@ohio.edu) or create an ORSP Service Ticket through LEO. The ORSP Sponsored Programs Manager (SPM) will process the stop work order through LEO to Grants Accounting, notifying the PI, Department Chair, Dean, CFAO, and ADR for each College/Center involved. ORSP will subsequently issue stop work orders to all subrecipients.
Federal Government Stop-Work Order
A stop-work order by default can only last for 90 days before the government must do one of the following:
- Authorize work to begin
- Extend the stop-work period
- Terminate the contract
If the government lifts the stop-work order, the contractor may submit a proposal to the government to request reimbursement for costs incurred as result of the stop-work order (but not during it). For example, if project employees left because of lack of work, there could be costs associated with hiring and training replacements once work has been reauthorized. If the government terminates the contract, then the contractor would submit a termination proposal in accordance with the termination clause.
Subawardees
ORSP will issue a stop-work to subcontractors working under the contract, giving them the same date to stop work. If the institution does not issue orders to subcontractors, the institution will likely still be liable for their expenditures, but will not be reimbursed by the government for any of those costs incurred by the subcontractor after the date specified in the stop-work order.
Private sector Stop-Work Order
Private sector contracts may have stop work order clauses. It is important to understand the terms and conditions of the agreement before making any decisions about continuing the work on a project where the sponsor has issued a stop work order.
Sanctioned Entities
Descartes Visual Compliance™ has developed a suite of premier denied party screening software solutions to help organizations fulfill their screening requirements and reach the highest export compliance standards. Ohio University uses this software to assess and track external entities for compliance with restricted party screening, denied party screening, OFAC screening, watch list screening, and sanction and embargo screening. If at any point during the project, a sponsor, collaborator, or subrecipient is placed on a sanctioned list, the ORSP Service Center Coordinator will create a service ticket and notify the PI, Department Chair, Dean, CFAO, and ADR for each College/Center involved that the entity has been placed on a sanction list. ORSP will coordinate with the Office of Legal Affairs to determine the appropriate action, which may include issuing a Stop Work Order.
Questions
Questions regarding this procedure can be sent to orsp@ohio.edu.
Forms/Templates
There are no forms or templates for this procedure.
References
Link to LEO User Manual