Consultant Services (HH)
A "consultant" shall mean any person who, as a non-employee of the Commonwealth, gives advice or employee training and whose compensation is payable from Object Class HH. No person employed by the University, as a consultant shall directly or indirectly supervise another temporary or permanent employee of the University. A consultant may be required to render a written report prior to final payment.
The process for selection of a consultant to perform services for the University shall be as competitive as practicable under the circumstances.
No consultant to perform services classified under subsidiary HH costing over $50,000 annually, may be awarded, except pursuant to competitive bidding or submission of a sole source justification form. Request for consultants exceeding $50,000 involves the mandatory solicitation of bids by posting in a conspicuous public place of general circulation, or an extensive sole source justification.
Consultants are responsible for making their own estimated income tax and self employment-tax payments, and because they are not employees, are not entitled to fringe benefits such as employer-paid retirement and insurance.
Consultant Services (HH) under $5,000 annually; a requisition is required, a complete description of services, rates that apply and the contract term must be on the requisition.
Consultant Services (HH) greater than $5,000 up to $10,000 annually; requires two (2) completely executed originals of the Contract for Services along with a requisition online. All documents must be in the Procurement Department before services begin. The department will be responsible for obtaining all the necessary signatures.
Consultant (HH) Contract for Services, over $10,000 up to $50,000 annually; requires a draft copy of the Contract for Services along with a requisition online. All documents must be in the Procurement Department before services begin. Legal review is required over $25,000. The Procurement Department draws the contract and will responsible for obtaining all signatures.
Consultant Contract, greater than $50,000 annually; the Contract for Services shall be bid competitively whenever practicable or an extensive sole source justification submitted. The procedure must involve the solicitation of formal written proposals. Funds must be encumbered in advance and a Contract for Services must be executed before commencement of services. The Procurement Department will draw up the contract once the proposal has been awarded and will be responsible for obtaining all signatures.
If bidding is required, specifications along with the purchase request must be submitted (8) eight weeks prior to the start date of the Contract.
Commonwealth Three Part Test
State law, M.G.L. c. 149, s. 148B, establishes a three-part test that presumes an individual is a contract employee unless:
The individual is free from control and direction in connection with the performance of the service, both under his contract for the performance of service and in fact.
The service is performed outside the usual course of the business of the employer.
The individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed.
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