Independent Contractor/Consultant Overview

Learn about purchasing independent contractor and consultant services.

Common law rules are applicable to determine if a worker is an independent contractor or an employee. Under the common law, you must examine the relationship between the worker and the business. Using an Independent Contractor Packet will successfully navigate known common law and UCOP guidelines.

The supplier must furnish all equipment, personnel, and materials sufficient to provide the services expeditiously and efficiently, during as many hours per shift and shifts per week, and at such locations as UC may so require. The supplier will devote only its best-qualified personnel to work under the Agreement.

1. Establish a Statement of Work (PDF) also known as a SOW.

2. Based on the SOW, complete the Independent Contractor Pre-Hire Packet (PDF) to determine the nature of the relationship with the proposed service provider. 
   • Employer-Employee: The University has the legal right to direct and control not only the results of the service, but also the manner of performance. If the relationship is indicative of an Employer-Employee, please work with Human Resources directly.
   • Independent Contractor: The University has the right to control only the results of the service, not the manner of performance. An independent contractor has no affiliation with the University.
   • Consultant: The University does not control either the results of the service or the manner of performance. A consultant is a version of an independent contractor.

3. The Contractor or External User needs to provide a Certificate of Insurance (COI) showing evidence of compliance with the established minimum insurance requirements prior to commencing work, providing goods, or using University facilities.
   • A COI is requested of the supplier at time of registration.
   • For additional assistance on COI requirements please visit Risk Management
     
4. Complete a services form in Oracle to create a requisition and attach all relevant documents
   • Independent Contractor Pre-Hire Packet (PDF)
     
   • Statement of Work (PDF)
   • Employee Supplier Relationship Disclosure Form (PDF) (if required)
   • UC Source Selection and Price Reasonableness Form (PDF) (if required)
   • If available, attach the vendor’s quote or proposal as an External Attachment (To Supplier).

5. Procurement will review the requisition and respond accordingly.

Detailed instructions are available in Service & Support under Knowledge Based Article (KBA) How to Complete an Independent Contractor Request Packet