Getting to Know Purchasing and Contracting Services Office of the - - PowerPoint PPT Presentation

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getting to know purchasing and contracting services
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Getting to Know Purchasing and Contracting Services Office of the - - PowerPoint PPT Presentation

Oct 25, 2022 388 likes •528 views

Getting to Know Purchasing and Contracting Services Office of the General Counsel Employee vs. Independent Contractor Goals: Who is Purchasing and Contracting Services? Who are we? What do we do? What changes have we made?

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SLIDE 1

Goals:

  • Who is Purchasing and Contracting

Services?

  • Who are we?
  • What do we do?
  • What changes have we made?
  • What changes do we continue to make?
  • What can we do for you?
  • Employees vs. Independent Contracts
  • The (other guy from) Office of the General

Counsel

  • Employees vs. Independent Contractors
  • How do we implement this as an

institution?

Getting to Know Purchasing and Contracting Services Office of the General Counsel – Employee vs. Independent Contractor

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SLIDE 2

Who is PCS?

  • 13 Full-time Employees
  • Director
  • I’m not counted, I can’t keep up
  • Associate Director
  • Contract Managers
  • Contract Officers
  • Contract Technicians
  • Operations Manager
  • Staff
  • 10+ Student Employees
  • Undergraduate Students
  • Law Students
  • What changes have we made?
  • What changes do we continue to make?
  • What can we do for you?
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SLIDE 3

Who is PCS?

Craig Ashford Assistant General Counsel Director, PCS Greg Shabram Associate Director, PCS

You are here… PCS

Who is assigned to do contracts for Human Resources?

Lynne Harrell Purchasing Technician 6-3220 Laura Harris Contracts Officer 6-1448

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SLIDE 4

What does PCS do?

Our mission is three-fold:

  • Facilit

cilitate the University’s business operations

  • Add v

value through our expertise in negotiation, bid processes, and leveraging the University’s buying power

  • Ensure c

comp mpliance with the law and ethical standards

  • Coordinate with other compliance

stakeholders on campus

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SLIDE 5

What does PCS do? FY17 Employee Accomplishments

4,470 matters received in FY17

  • 3,349 contracts
  • 32 GC matters (I can’t keep up with the others)
  • 821 POs (this includes both banner and paper POs)
  • 110 procurements
  • 5 golden rings
  • 1 partridge
  • Countless hours on the phone helping campus
  • Countless collaborative discussions in the office
  • Countless quotes of the day (with accompanying artwork)
  • Countless long-winded speeches by me
  • Countless curses I’ve uttered (or yelled)
  • Countless vendors that Greg has put in their place
  • Countless rejected ideas for an office motto
  • Countless Taylor Swift references made by Laura and Derek
  • Countless Hard Rock café guitar lapel pins worn by Michael
  • Countless awards won by Wil
  • Countless PCard purchases facilitated by Isla
  • Countless SciQuest employees humbled by John
  • Countless compliments I’ve received from coworkers around

campus about Mark and Lynne (seriously… it was a LOT)

  • Countless times everyone was wrong about the quality of the

strawberry peanut M&Ms put out by Isla (they were amazing, folks!)

  • Countless hours spent prepping and running the reverse vendor

fair

  • Countless ice cream cakes ordered (1 this year since we aren’t

counting the cake from last fiscal year)

  • Countless confused looks when I mentioned something new I

wanted to try in the office without running it by anyone first

13 full-time employees = 344 matters for each employee

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SLIDE 6

What changes have we made?

*A differ eren ent p perspec ective o e of who we a are* PCard

  • Don’t hide it in your %*&# drawer or safe
  • Pay for services using PCard (still need a contract)
  • For example, utilities!
  • Higher credit / transaction limits
  • Saving billing information on websites
  • Off-the-shelf goods
  • Availability of online statements

Duck Depot

  • $1.65 million already spent
  • Automatic JV process and multi-JV process
  • Separate PCards
  • 11 vendors and counting (e.g., ThermoFisher Scientific, Dell, OfficeDepot, CDW-G, etc.)

Automatic Insurance Waivers Intake Portal

  • Assigned PCS employees
  • Transparent contract status information

MORE… but I can’t remember! (clearly my memory is not improved) QUESTION: What else do we need to do? What would you like us to do?

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SLIDE 7

Changes yet to come?

  • eSignature
  • Ability to sign contracts via email/online
  • Cradle to grave contract management system
  • Strategic Purchasing
  • Managed copier services and managed print

services already approved

  • CRM – Customer relationship management
  • Comprehensive moving services
  • What else?
  • Duck Store contract relationship
  • Discounts / Rebates
  • Central funding opportunities from campus-wide

relationship agreements QUE QUESTION: What else do we need to do?

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SLIDE 8

Independent Contractor vs Employee

  • What if the person is a contractor?

– Self-employment tax – No employee benefits (from the company that contracts you) – Not covered by UO liability insurance – Not covered by UO workers’ compensation – Form 1099 reporting requirements – “Less expensive”

  • What if the person is an employee?

– Employment tax – Employee benefits (health insurance, retirement, etc.) – Form W-2 reporting requirements – “More expensive”

  • Determining the difference

– ORS 670.600 – Economic Reality Test – Right-to-Control Test (aka Direction and Control) – Nature-of-the-Work Test

  • Does not apply to purchasing goods
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SLIDE 9

Independent Contractor vs Employee State Description of Tests

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SLIDE 10

Independent Contractor vs Employee ORS 670.600

An independent contractor:

 Is free f from d direction a and c control over the means and manner of providing the services, subject only to the right of the person for whom the services are provided to specify the desired results;  Is customarily e eng ngaged i d in a an inde depe pende ndent ntly e establ blished b d busine ness;  Has a licen ense t e to provi vide t the s e servi vices es, if required; and  Is responsible for obta taining a any o

  • ther necessary l

licenses or certi tificates.

A person is customarily engaged in an independently established business if at least three of the following are true:

 The person’s business is headquartered or operates at a location:

  • That’s separate from the business who hired the person; or
  • That’s in the person’s house and that portion of the house is used primarily for the business.

 The person bears the risk of losses or excessive costs related to the services. This can include:

  • The person enters into fixed-price contracts;
  • The person is required to correct defective work;
  • The person warrants the services provided; or
  • The person negotiates indemnification agreements or purchases liability insurance, performance bonds or errors and omissions insurance.

 The person does at least one of the following:

  • I have provided these services for at least two different clients (this can include the University) within the past year; or
  • I advertise or market the same or similar services that I will perform for the University to promote my business and get new clients.

 The person makes a significant investment in the business, through means such as:

  • Purchasing tools or equipment necessary to provide the services;
  • Paying for the location where the person works; or
  • Paying for licenses, certificates or special training required to provide the services.

 The person has the authority to hire other persons to provide or to assist in providing the services and has the authority to fire those persons. Rememb mber: operating through registered business, such as an LLC or a corporation, does not, by itself, establish an independent contractor relationship

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SLIDE 11

New PCS Forms

Revised independent contractor certification

  • Personal services contract Attachment F
  • Revised to better track ORS 670.600
  • Revised to incorporate portions of the IRS and DOL tests
  • Revised to use plain language
  • Revised accompanying internal PCS procedure document
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SLIDE 12

So What?

Enforcement Agencies

  • U.S. Department of Labor (DOL)
  • Internal Revenue Service (IRS)
  • Oregon Bureau of Labor and Industries (BOLI)

What if we get it wrong?

  • Enforcement penalties (DOL, BOLI)
  • Back taxes, penalties, and interest (IRS)
  • Potentia

ial p personal l liabili lity (Trust Fund Recovery Penalty)

  • We didn’t do right by the University, the

employee/contractor, and ourselves

  • BUT

UT……

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SLIDE 13

Relax

  • General Counsel wants to work with you
  • PCS wants to work with you
  • We will make sure that the University can get its business

done

  • It might need to happen in a different way or with

some extra steps, but we can get it done

  • Use the phone
  • We’re all in this together
  • When there’s a mistake, we can work together to get

things get ironed out