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Division of Finance and Administration

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Accountability and Excellence

Guidance on the Independent Contractor Process for UC Merced

Independent Contractor/Consultant Process Checklist

Independent contractor and consultant contracts must be authorized/contracted for (in advance of services being provided) by Procurement Services. Do NOT negotiate, hire, or authorize anyone as an Independent Contractor, Independent Consultant, or Contract Employee. This type of transaction must go through the proper channels! This applies to all departments (staff and faculty, included).

 Complete both the Independent Contractor Pre-Hire Worksheet and Independent Contractor/Consultant Form to assist in making a determination on the type of hire needed. (See summary definitions below.) Contact Procurement Services if you have any questions.

Independent Contractor – University has the right to control only the result of the service, not the manner of performance. (Independent Consultants are a special type of independent contractor and for University purposes are treated somewhat differently than non-consultant independent contractors.)

Independent Consultant – An independent consultant is a type of Independent Contractor. An Independent Consultant is an individual not employed by the University of proven professional or technical competence who provides primarily professional or technical advice to the University and the University does not control either the manner of performance or the result of the service.

Contract/Temp/Other Employee – University has the right to direct and control the work of an individual who performs the services, not only as to the results to be accomplished but also as to the methods and means by which the results are accomplished. Note that even if the University does not utilize its right to direct the work, but has the right, the work falls under this category.

Reference BUS 77 or BUS 34, UC Independent Contractor or Independent Consultant policies for further information.

Current forms are available at: http://procurement.ucmerced.edu/information- campus-customers/forms.

 Based on the result of the Independent Contractor Pre-Hire Worksheet, if it is determined that the party to be hired falls under the category of a “Contract/Temp/Other Employee”, contact Human Resources to proceed. If it is determined that the party to be to be contracted with falls under the category of either an “Independent Contractor” or “Independent Consultant”, submit a requisition in CatBuy, attaching the completed Independent Contractor forms to the requisition in CatBuy. Procurement Services will validate the determination, process the requisition (including negotiation of the agreement), obtain all additional documentation (e.g., certificates of insurance, etc.), and issue a PO/Agreement authorizing commencement of services to be provided. Allow 2-6 weeks for Procurement Services to process requests for Independent Contractors/Consultants.

If you have any questions, please contact Procurement Service at the earliest point possible. Thank you!