Hiring Independent Contractors

  • Who Completes This Task: Clerk as requested by School or Program Administrator

     

    Timeframe: 30 days

     

    Process

    The contract manager is responsible for development and negotiation of contract terms, and for monitoring of the work of the contractor. The Purchasing Office is responsible for contract coordination and approval and execution. .

    Independent contractors should be hired and paid in an all-inclusive manner, meaning the total fee includes all related expenses, such as travel, supplies, hotel, mileage, meals, etc.

    If an independent contractor is hired for long term service, such as giving workshops during the school year, it’s important to define a rate for their service (such as hourly, daily, session rates) so partial payments can be made at agreed-upon intervals during the year.

    SPPS administrators are not authorized to sign contracts for over $3,500 for schools/$5,000 for departments. Contracts are developed in the eRFP system. If needed, a sample contract may be found in eRFP and downloaded for review and discussion with the vendor. 

    Purchasing Office can help with the specifics of your situation.

    A contractor must not start work until the contract execution process has been completed.

     

    Common Contents of a Contract

    Many terms included in a negotiation are determined by SPPS. Some are the result of regulation.

    • Start and end dates
    • Hours of service
    • Description of service and/or a statement of work
    • Criminal background check
    • A schedule of delivery dates and formats
    • A data sharing agreement conditions and expectations for use of specific data

     

    Criteria

    • If the fee is $175,000 or more, the Board Agenda Item (BAI) procedure is needed
    • Splitting orders of like items to circumvent the fee restriction violates state statute

     

    Steps - Board Approval Needed

    1. When the need for a service has been identified, set a budget
      1. Human Resources can help identify market rate
    2. Initiate contract in the Sysoft eRFP system
    3. Complete all necessary BAI forms and supporting documentation
    4. Attach approved BAI to contract in eRFP
    5. The Purchasing Office will route the contract and BAI for review and approval
    6. Submit to the board secretary 11 days before the meeting

     

    Steps - Board Approval Not Needed or Already Obtained

    1. When the need for a service has been identified, set a budget
      1. Human Resources can help identify market rate
    2. Seek contractors using appropriate process
    3. Discuss needs, restrictions, and budget with potential contractors
    4. Adjust budget and contract template as needed and appropriate
    5. Select contractor
    6. Initiate contract in the Sysoft eRFP system
    7. Attach supplementary documentation to contract in eRFP
      1. Statement of Work
      2. Approved BAI

Why This Is Important

    • It’s the law (see 2 CFR 200.18-321, 2 CFR 200.323-326 )
    • This reduces the processing burden and time commitment
    • If related expenses are paid separately the total cost may be difficult to predict
Last Modified on July 19, 2019