6850P PERSONAL SERVICE CONTRACTS (PROCEDURES)
Original Date: 1/9/1996 * Last Revision Effective: 5/21/2009
Policy Contact: Vice President, Administrative Services
The following procedures are established to meet the requirements for implementing policy #6850 – Personal Service Contracts.
Competitive procurement (involving requests for proposals from potential contractors) is strongly advised, in order to ensure high quality service at low costs and to avoid any appearances of favoritism or insider deals. Contracting without full and open competition is a violation of the law unless the contract is clearly an exception to or expressly exempted under the competitive procurement regulations. Exemptions include emergency contracts, sole-source contracts, amendments to existing contracts, and contracts under $20,000 (but contracts between $5,000 and $20,000 require documented evidence of competition).
College employees responsible for executing or managing personal service contracts and client service contracts must complete the OFM training course to the satisfaction of the office of financial management. No employee may execute or manage personal service contracts or client service contracts unless the employee has completed the training course. Any request for exception to this requirement shall be submitted to the office of financial management in writing and shall be approved by the office of financial management prior to the employee executing or managing the contract.
- A set of unforeseen circumstances beyond the control of the agency that either: (1) presents a real, immediate threat to the proper performance of essential agency functions or (2) may result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.
Evidence of Competition
- A documented informal competitive process for award of personal service contracts of $5,000 to $19,999 that demonstrates the agency has solicited responses from a minimum of three firms, unless otherwise documented, evaluated responses in selecting a consultant, and awarded a contract.
- Professional or technical expertise provided by a consultant to accomplish a specific study, project, task, or other work statement. This term does not include purchased services as defined below.
Personal Service Contract
- An agreement, or any amendment thereto, with a consultant (contractor) for the rendering of personal services. Personal service contracts may render services to state agencies, businesses, providers, other contractors, etc. If, however, services are provided directly to agency clients, the contracts are classified as client service contracts.
Revisions 5/10/2005; 5/21/2009