Enacted March 15, 2002

Policy on Employees Doing Business with Oregon State University as Private Contractors or Vendors

This policy applies to all procurements and all personal services contracts, including those for under $5,000.

1. Businesses that have university employees as principals may be awarded contracts with OSU only if the procedures in the Oregon Administrative Rules for competitive procurements (OAR 576-008-0200) have been followed. That is, for any personal/professional service or purchase of supplies or equipment, three competitive quotes must be included with the Departmental Requisition or Personal/Professional Services Contract submitted to the Contract Office. A multiple source selection statement must be submitted for each personal services contract.

2. Persons employed by the University can only enter into a Personal/Professional Services Contract if they have a federal tax identification number and if they are performing a service that is substantially different from their regular employment.

3. If it is later determined through audit or other investigation that an independent contractor should have been classified as an employee, the department engaging this individual may be responsible for any fines or unpaid taxes resulting from the correction of such employment.

4. Employees who are working for a department other than their own providing services substantially different from their regular duties and who do not have a federal tax identification number shall be paid for such services through normal university payroll policies and procedures, including overload compensation or overtime pay, where applicable.

5. Employees who are working for a department other than their own providing services in the same areas as their normal duties, whether or not they have a federal tax identification number, shall be paid through normal university payroll policies and procedures, including overload compensation or overtime pay, where applicable.