Definition
“Contracts for Services” may include, but are not limited to: consultants, translators, performers, software as a service, survey work, speakers, hotels, equipment repairs, equipment rental, etc. If you are unsure if you are purchasing a “service”, please contact Procurement and Vendor Services for guidance.
On July 1st, 2018, the Federal Government began requiring that all recipients of Federally Funded Sponsored Projects implement the procurement standards set forth in 2 C.F.R. §§ 200.317 – 200.326.
This guide describes the process for all sponsored project funded Contracts for Services, regardless of dollar amount or funding source, for both contracts with “vendors” and “Independent Contractors” (ICs) which are collectively referred to in this guide as “Contractors”.
You are required to use the Boise State University Sponsored Project Contract for Services template.
Download the template here: Boise State University Sponsored Project Contract for Services template.
Depending on the funding source of your contract (federally funded, state funded, privately funded, etc.) various processes, bidding requirements, policies and regulations apply.
If your contract is federally funded, you are encouraged to contact Procurement and Vendor Services as early as possible to discuss required processes and regulations. You may contact P2P_Procurement@boisestate.edu with any questions.
Guide
Bidding Requirements – “Do We Have to Bid This Out?”
Do We Have to Bid This Out?
Boise State University’s bid limit is $10K and therefore purchases of goods and services at or above 10K are subject to bidding. Boise State’s bidding exemptions do NOT apply to federally funded purchases.
You are encouraged to contact Procurement and Vendor Services as early in the process as possible if you have a sponsored project funded contract at or above $10K.
If you have not already contacted Procurement and Vendor Services, after receiving your purchasing requisition, with your contract attached, Procurement will contact you regarding bidding requirements for contracts costing at or above 10K.
Sole Source Contracts
If your Contract for Services (i) is determined by Procurement and Vendor Services to be a sole source, (ii) is funded by a sponsored project, and (iii) requires negotiation, Procurement will post all sole source contracts on its web page per Boise State policy. Sole Source postings must remain on Procurement and Vendor Service’s web page for 5 full business days (appeal period) before the contract may be executed.
Federally Funded Contracts
If your contract is federally funded and the cost of the contract is at or above $10K, the services listed in the contract may need to be competitively bid. See Purchasing Procedures for Federally Funded Sponsored Projects for more information.
Contracts not Federally Funded
For sponsored project funded contracts that are not federally funded (state funded, funded by private sponsor, etc.) Procurement will review the project details and determine the purchasing method required, and if no special requirements exist, Procurement will follow Boise State’s policies to include Boise State’s bid limits, exemptions to bidding, and other standard processes.
When a Vendor is Not an Independent Contractor
Step 1
If your vendor/Contractor is not an IC, you will start the process by entering a Purchasing Requisition and attach the Boise State University Sponsored Project Contract for Services. DO NOT sign the contract and DO NOT have the vendor sign the contract. Follow the instructions provided with the contract template and attach the contract to your Purchasing Requisition.
Download the template here:
Boise State University Sponsored Project Contract for Services Template and the Template Guide (DOCX)
Additional resource: Job Aid for Purchasing Requisition
Step 2
Procurement and Vendor Services will add any required supplemental terms (dictated by the sponsored project sponsor, such as DOD, NSF, NIH, etc.) to the contract.
Step 3
Once the required supplemental terms have been added to the contract, Procurement will email the contract to the Contractor for signature. Procurement will obtain the necessary Boise State signatures after the Contractor has signed and returned the contract to Procurement. (The required Boise State signature will be in accordance with signature authority documented by the Office of General Counsel).
Step 4
Once the contract has been fully executed, Procurement will create a PO from your Purchasing Requisition and issue the PO and the fully executed contract to the Contractor via email. The creator of the Requisition will be copied on this email so that they will have all of the final documents for their files.
When a Vendor is an Independent Contractor
Step 1
Complete the online IRS Classification Request.
The following is an example of the email you will receive from Procurement and Vendor Services, if your IC is approved:
CLSS00500: John Smith is Now an Independent Contractor for this SP Funded Assignment
Hello Jane,
John Smith, supplier #123, has been classified as an Independent Contractor for the speaking assignment for the flat fee of $50, as specified in your IRS Classification request for the date range of 01/18/23 to 01/19/23.
You have indicated that you intend to enter into a contract with the supplier that will be partially or fully funded by sponsored project funds. A Blanket Purchase Agreement (BPA) number will NOT be created for this assignment.
NEXT STEPS
STEP 1: Sponsored Project Contract for Services
Download the template here:
Boise State University Sponsored Project Contract for Services(DOCX)
If the contract will include travel expenses, please make sure these expenses are detailed in the Scope of Work on the contract. ALL COSTS must be included in the total dollar amount of the contract.
DO NOT obtain any signatures on the contract. Purchasing will obtain all signatures on the contract.
STEP 2: Standard Purchasing Requisition
Please complete a Standard Purchasing Requisition and attach the Boise State University Sponsored Project Contract for Services (from Step 1) along with a copy of the IC approval notification.
Purchasing will send you an email with the Purchase Order (PO) and fully executed contract.
STEP 3: Payment (after services)
Submit the invoice for processing via the Submit Purchase Order Payment Approval (Ok to Pay) process. Attach a copy of the invoice to this form.
If you need assistance, please feel free to contact the Procurement Team at P2P_Procurement@BoiseState.edu or contact your assigned buyer directly.
Step 2
Once you have received email notification from Procurement and Vendor Services, confirming your IC has been successfully set up, complete a Purchasing Requisition and attach the Boise State University Sponsored Project Contract for Services.
Do NOT obtain ANY signatures on the contract. Procurement will obtain the contractor’s signature and the required Boise State signature, based on documented signature authority.
Step 3
Procurement and Vendor Services will add all necessary supplemental terms to the contract (dictated by the sponsored project sponsor, such as DOD, NSF, NIH, etc.).
Step 4
Once the required supplemental terms have been added to the contract, Procurement will email the contract to the Contractor for signature. Procurement will obtain the necessary Boise State signature after the Contractor has signed and returned the contract to Procurement. (The required Boise State signature will be in accordance with signature authority documented by the Office of General Counsel).
Step 5
Once the contract has been signed and returned (fully executed contract), Procurement and Vendor Services will create a PO from your Purchasing Requisition and issue the PO and the fully executed contract to the Contract or via email. The enterer of the Requisition will be copied on this email so that they will have all of the final documents for their files.
Vendor Form Contracts – “Contractor Will Not Accept Boise State University’s Sponsored Projects Contract for Services”
Step 1
If your Contractor will not accept Boise State University’s Sponsored Project Contract for Services and wants to use their own contract form, you will enter a Purchasing Requisition and attach the vendor’s contract (do NOT sign the vendor’s contract).
Download the template here: Boise State University Sponsored Project Contract for Services Template and Guide (DOCX)
Step 2
Procurement and Vendor Services (or the OGC) will negotiate with the Contractor regarding contract terms, including adding the required supplemental terms (dictated by the sponsored project sponsor, such as DOD, NSF, NIH, etc.). Note: OSP will negotiate sponsored project funded contracts, at and above $10K, and determine to be a sole source. If negotiation is not successful, you will be contacted regarding next steps.
Step 3
Once the terms of negotiation are complete with the vendor, Procurement, OGC or OSP will email the contract to you for signature. If your area does not have the necessary signature authority, the contract with be routed to the VPFA for signature.
Step 4
After Boise State has signed the contract, Procurement will obtain the Contractor’s signature.
Step 5
Once the contract has been signed and returned (fully executed contract), Procurement will create a PO from your Purchasing Requisition and issue the PO and the fully executed contract to the Contractor via email. The enterer of the Requisition will be copied on this email so that they will have all of the final documents for their files.
Contract Review and Negotiation – When is it Needed?
Contract review and negotiation will be required in the following situations:
- Contractor (Vendor or IC) will not agree to accept Boise State University’s Sponsored Project Contract for Services and requires their own contract form(all dollar amounts). Vendor contract forms may require review and negotiation by the Office of the General Counsel. You will need to complete the OGC’s contract routing form.
- Sponsored project funded contracts, costing at or above $10K, and determined to be a sole source, will be negotiated by the Office of Sponsored Projects, if necessary. Procurement and Vendor Services will post all sole source contracts to their website per Boise State’s published sole source process.
- If a Contractor will not accept, Boise State’s Sponsored Project Funded Supplemental Terms & Conditions (as applicable), Procurement, in conjunction with the OGC and OSP, will determine if the University is able to enter into a contract with that Contractor.
Payments – How to Pay Invoices Against Purchase Orders Related to Contracts for Services
If You Receive an Invoice:
When you are ready to pay an invoice submitted to you by the Contractor, you will complete the Smartsheet Purchase Order Payment Approval.
Per the instructions at the bottom of the form, you will attach your invoice.