Independent Consultants/Independent Contractors
WHAT IS AN INDEPENDENT CONSULTANT
- Independent consultants are sometimes called independent contractors, freelancers, or sole proprietors.
- An independent consultant is an individual who provides service to Brandeis University and is not considered an employee based on conditions established by the IRS and the Commonwealth of Massachusetts. As such, the individual is paid through Accounts Payable under a 1099 and not through Payroll under a W2.
Criteria for Identifying Independent Consultant
An independent consultant is an individual who meets all of the following criteria:
- renders a service to the University for a specified payment amount for a specified result;
- is not currently paid through University Payroll and has not been paid through Payroll within the current calendar year;
- provides a service outside of the University’s usual course of business;
- is free from University control or direction when providing services
- is engaged in an independently established profession or business (namely, offers similar services to the general public on a consistent basis);
General Requirements and Procedure
- The department engaging the Independent Consultant will complete the Independent Consultant Checklist
- if the determinations indicates the service provider is an Independent Consultant the department can continue down following the steps listed below.
- if the form indicates the provider should be treated as an employee, the manager should contact Human Resources to assist in setting up a position for the individual.
- The department engaging the services should work with the consultant to complete all necessary paperwork including:
- The Brandeis Independent Consulting Agreement (ICA) can be used or a specific contract can be negotiated.
- Should the description of services included on the ICA form not be detailed enough a detailed Scope of Work can be provided
- If the vendor is new to the university or if we have not done business with the individual in at least 2 years, an Brandeis Vendor Certification form should be completed.
- Bids or sole source justification are required for total expected expenses $10,000 or above.
- In some cases when necessary Procurement may reach out for additional information (i.e. Insurance certification forms etc).
- Prior to sending any documentation to Procurement, the department engaging the consultant is responsible for ensuring there is available budget to contract with the consultant.
- All paperwork should be sent via email to Procurement Services for review and once approved Signatures will be obtained by an authorized signer for the University.
- Once approved, Procurement will provide the signed contract back to the department and a Purchase Order can be requested through MarketPlace+/Coupa.
- Invoices will be sent by the Consultant to Accounts Payable for processing, and should reference the Purchase Order which was set up for the work.
- The department engaging the consultant is responsible for selecting the consultant and reviewing and approving their work in accordance with the established contract.