(Approved by the Executive Vice President by authority of Executive Order No. 5)
When specialized skills, knowledge, resources and experience are needed which cannot be provided reasonably by existing departmental staff or University service departments, such services may be obtained from firms or individuals outside the University on a fee for service or contract basis. A request must be made and appropriate approval(s) obtained as described in this policy statement.
Under no circumstances should a personal services contract be used to bypass competitive employment procedures or to accomplish a job that:
In order to assist departments in determining whether an individual should properly be treated as an employee and placed on the payroll as opposed to hiring an outside services contract, the following checklist should be consulted. The existence of any one or more of the listed conditions will indicate that the prospective hiree should probably be treated as an employee:
If it is found, after reviewing the above criteria in light of the circumstances surrounding the proposed employment situation, that the work the individual is to be hired to perform falls outside the criteria, then it may be appropriate to retain the individual on an outside services contract.
All requests for outside services contracts, regardless of source of funding, must be submitted to the Purchasing Department for processing.
Under the Employee Responsibilities and Employee Conflict of Interest policy (Executive Order No. 32), University employees may not participate in purchasing transactions which involve economic benefit to themselves, their immediate families, or businesses with which they are directly associated. Questions relating to specific transactions should be directed to the Director of Purchasing, 206-543-5828.
The term outside services contract refers to those contracts entered into by the University for services to be provided by an organization or person external to the University. Some types of outside services are considered to be personal services. This refers to an agreement with an independent contractor for the rendering of specific types of services; included within the scope of personal services are:
A personal services contract should require the rendering of an opinion, judgment or recommendation, within a given time frame. In a relationship with an independent contractor, the state has no right to supervise or control how the work required by the contract is done. The independent contractor is solely responsible for the results called for by the contract.
The Purchasing Department ensures that state of Washington filing requirements, as described below, are satisfactorily met before any work may commence under the contract.
Whenever the total cost for all services from an outside contractor exceeds $2500 within a 12-month period, state law requires the contract to be filed in Olympia at least ten days in advance of the day that work will begin under the contract.
Note: This total cost is accumulated for all University departments as a whole, not for each department individually. This means that the requesting department may have much less than $2500 worth of business with a contractor; however, if the accumulated total for the University with that same contractor exceeds $2500 then the requesting department's contract for service must be filed in advance.
Failure to comply with the ten-day advance filing requirement may result in a $300 civil penalty levied against the person who authorized the work to commence without proper filing.
The Purchasing Department files outside service contracts with the Office of Financial Management (OFM) and the Legislative Budget Committee as required by state law. The Purchasing Department must submit a state of Washington Personal Services Contract Filing Face Sheet for each outside service contract filing.
The department requesting the outside services must complete the Personal Services Contract Filing Face Sheet when a single contract exceeds $2500 (including contract renewals and amendments) and forward it, along with a Request for Purchase form to the Purchasing Department for review and filing with the state.
When the contract cost is less than $2500, only the Request for Purchase form is required. Instructions for completing these forms are given in section 4 of this policy statement.
If a genuine emergency requires immediate outside services, a waiver from the ten-day advance filing requirement may be requested. In such cases, immediately notify your buyer in the Purchasing Department so that expedited arrangements can be attempted. The Personal Services Contract Filing Face Sheet form must be completed as rapidly as possible and this form, along with a copy of the contract/proposal must be provided to the Purchasing Department which in turn will file it with the Office of Financial Management (OFM). The director of OFM, after consultation with the Legislative Auditor, will either approve or disapprove the waiver from the ten-day advance filing requirement. The request for a waiver must be made prior to actual commencement of the contract work and adequate justification must be provided.
Some outside service contracts are exempt from the advance filing requirement under a limited number of circumstances; these include:
Important note: The forms described below must be received by the Purchasing Department at least 15 working days in advance of the date on which the outside service is needed. This will allow the Purchasing Department the minimum time necessary for:
State regulations stipulate that any contract filed late must be justified in detail as to the circumstances surrounding the late filing. Any request for outside services that is not submitted to the Purchasing Department 15 days in advance will require a letter of justification from the department before the filing will be made and a contract issued.
Prior to making a commitment to an outside contractor, the department requesting the service should prepare and submit to the Purchasing Department a Request for Purchase form giving as much of the following information as possible:
of the service required; specify the end product,
measurable result or primary benefit to be gained.
|#2|| Brief explanation
describing why the service cannot be performed
by existing University personnel or by someone
who could be hired as a University employee. (For
further information, see Section 1.a.)
time schedule for award of contract, starting
date (be sure to allow 15 working days for
filing the form as described in Section 3),
progress report due dates (if applicable) and
process to be used. If a single source (i.e., one particular contractor) must be used
because of unique qualifications or background
experience, indicate the circumstances which justify
using that source and provide the following information:
|#5||Estimate of the maximum fee involved and travel or other related costs.|
Note: A continuation sheet may be attached to the Request for Purchase form if more space is needed; type "continued" at the bottom of the description section of the form and use plain white paper for the attached sheet. Be sure to type the requisition number at the top of the continuation sheet.
If the total contract services to be performed by an outside contractor for a University department is estimated to be greater than $2500 including the original contract plus any amendments or renewals, the requesting department must also complete the state of Washington Personal Services Contract Filing Face Sheet form. Copies of this form are available from University Stores.
Note: Even though the requesting department's contract is less than $2500, an advance filing is required if the total of all University contracts exceeds $2500 in a 12-month period. The Purchasing Department is responsible for accumulating the total dollars spent for services from outside contractors. For this reason all contracts for outside services must be submitted in advance to the Purchasing Department, regardless of the dollar amount for each individual contract.
The Personal Services Contract Filing Face Sheet form should be completed as fully as possible and submitted with the Request for Purchase form.
Reminder: These forms must be received by the Purchasing Department at least 15 working days in advance of the date on which service is needed.
For contracts requiring submittal of the Personal Services Contract Filing Face Sheet form, the notification will be accomplished by return of a copy of the form, indicating that the filing requirements have been met. For other types of outside services contracts, the notification will usually be made by phone.