4.6.4 Other Personal Service Providers

A. Purpose

This policy sets forth the general rules governing Other Personal Services Providers policy for UT Tyler, including the Health Science Center (“University”). This policy defines and provide guidelines for the procurement of other personal services.

B. Persons Affected

This policy impacts all University employees who participate to any extent in the procurement of goods or services, including but not limited to accumulation of information, preparation of solicitation and related procurement documentation, selection of service providers, and contract negotiation.

C. Definitions

For the purpose of this policy an "Other Personal Services Provider” may be an individual classified as an Independent Contractor or as an Employee depending on the facts of each case including but not limited to: services to be performed and the direction and control of the agreed upon services.

Other Personal Services Provider classified as an Independent Contractor: Such services fall under procurement policy and procedures, including HUB requirements and competitive solicitation requirements. Personal services performed by an individual doing business using a Social Security Number with whom the University does not have an employer/employee relationship and where the service does not meet the definition of “professional” or "consultant" services shall be treated as an Other Personal Service Provider for the purposes of this policy. Other Personal Service Providers classified as Independent Contractors may include but are not limited to, visiting professors, eminent or renowned individuals presenting lectures, speeches, seminars, workshops, or performances.
Other Personal Service Providers classified as an Employee:
Current University employees providing specific occasional duties of a limited and defined duration in a capacity that does not include any of the duties that the employee is expected to perform in the individual’s capacity as an employee. An Other Personal Service Provider classified as an employee may also include someone who is not assigned or appointed as an employee but who provides temporary services from time to time as an employee of the University. Other Personal Service Providers classified as an Employee shall be processed via University Human Resources. Payments to Other Personal Service Providers classified as an employee shall be made through payroll and are subject to withholding and employment taxes.

D. Policy

Applicability of Policy. This policy requires that all Other Personal Service Provider services be approved prior to contracting for the specified services. This policy applies regardless of source of funds.
Acquiring Other Personal Service Providers from Employees of Other Higher Education Institutions. If contracting with another state agency for Other Personal Service Providers, the Interagency Cooperation Act policy and procedures may apply.

E. Other Personal Service Provider Procedures

Procedures for detailed Federal, State, System, and internal policies can be found on the University campuses websites.

F. References

Internal Revenue Services, Independent Contractor

Texas Administrative Code, Title 34, Part 1, Chapter 20: Statewide Procurement

Texas Government Code 771 Interagency Cooperation Act

Texas Government Code 2155 Purchasing: General Rules and Procedures

Texas Government Code 2161 Historically Underutilized Business Program

Texas Government Code 2254 Professional and Consulting Services

Regents Rule 20901: Procurement of Goods and Services

G. Review

This policy shall be reviewed every five years or as required due to legislation.