4.6.4 Other Personal Service Providers

A. Purpose

The purpose of this policy is to define and provide guidelines for the procurement of other personal services.

B. Persons Affected

This policy impacts all 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, and selection of goods or service providers.

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 services to be performed and on the direction and control of the agreed upon services.

  1. 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, and performances.
  2. 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 through the University Human Resources and Payroll Departments via a Personnel Action Form (PAF). Payments to Other Personal Service Providers classified as an employee are made through payroll and are subject to withholding and employment taxes.

D. Policy and Procedures

  1. 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.

  2. Authorization of Personal Services Form

    The two-page Authorization of Personal Services (APS) form shall be available from the University Office of Financial Services and may be found on the Financial Services website under “Forms”.

  3. Acquiring Other Personal Service Providers from Employees of Other Higher Education Institutions

    Faculty or staff of other Higher Education Institutions, meeting the definition of Other Personal Service Provider, shall require a written statement of approval from the other institution, in addition to the advance approval of the University Department Budget Authority via the APS form. Requests for services of Other Personal Service Providers from other Higher Education Institutions should be initiated at least thirty days prior to date of services to allow time for appropriate communication with the other institution.

  4. Acquiring Other Personal Service Providers from Other State Agencies

    If contracting with another state agency for Other Personal Service Providers, Interagency Cooperation Act procedures may apply. Contact the University Counsel for further information or assistance. (Reference Texas Government Code 771).

  5. Approval Procedures for Contracting Other Personal Services

    Departments should submit a completed APS form. Once services have been fully approved and coded for IRS tax compliance, Financial Services will return a copy of the APS form to the requisitioning department for:

    1. electronic purchase requisition and encumbrance processing,

    2. electronic payment voucher processing and approval by Accounts Payable Department or Payroll Department.

  6. Procedure for Payment of Other Personal Services

    Payment for Other Personal Service Provider services shall be made after services have been rendered. The requisitioning department is responsible for obtaining appropriate receipts and invoices prior to processing an electronic payment voucher.

    If the Other Personal Service Provider is a State of Texas employee, contact the Financial Services Travel office for assistance in reimbursing travel expenses. Travel expenses must be supported by appropriate original receipts and all travel expenses shall be made in accordance with the University and State of Texas rules and regulations.

E. Responsibilities

See Policy and Procedure.

F. Review 

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

ORIGNALLY APPROVED:  12/01/2001

LAST AMENDED:  04/15/2016