SCOPE: STAFF AND ADMINISTRATION
Issued: 05/01/02
1. Policy: It is the policy of ÃÛÌÒÊÓƵ University to utilize a temporary contract workforce in one of the following circumstances:
1.1 In the event the current workforce is not sufficient to handle the workload, contract workers may be used as needed to accomplish the University’s mission, goals, and objectives.
1.2 Outsourcing all or part of a function will provide the same level of service at a lower cost or better service at the same cost when compared to the function being provided by regular University employees.
2. Definitions:
2.1 Contract workers: 1) persons employed through a temporary service who are paid by that service, with ÃÛÌÒÊÓƵ making payments to the service; or 2) persons employed by a third party contractor to whom all or a portion of a system function has been outsourced.
2.2 FTE Reportable Contract Workers: must support or supplement an entity’s existing workforce (covering employee absences, temporary shortages, periods of peak workload, or special assignments); must perform duties customarily accomplished by agency staff; must work for more than half the workdays of the 12-month period preceding the final day of the reporting quarter; and must be paid with appropriate funds.
2.3 Consultant: a person who provides or proposes to provide a consulting service that primarily involves studying or advising another entity. Consultants meeting this definition are not contract workers and are not covered by this policy.
3. Procedures:
3.1 Prior to using a temporary contract worker or outsourcing all or part of a function, the account manager must determine the best option for addressing the department’s workload. The account manager must retain a written cost-benefit analysis of the results of the outsourcing for a period of two (2) years after the conclusion of the contract.
3.2 Steps for hiring a temporary service contract worker:
3.2.1 The account manager must execute a purchase order requesting to fill the temporary position(s) only after having first complied with the purchasing regulations regarding competitive bidding.
3.2.2 The purchase order must state the general duties to be performed, the hours and days of the week the temporary contract worker(s) will work, and the beginning and ending dates the temporary contract worker will be utilized.
3.3 Steps for outsourcing a function:
3.3.1 Functions can normally be outsourced only through the use of competitive bidding, Request for Proposals (RFP), or other procedures authorized in the Texas Educational Code.
3.3.2 Account Managers seeking to outsource a function should first consult with the Director of Purchasing to determine the appropriate bidding methodology.
3.3.3 Upon receipt of bids or proposals, the account manager must document a cost/benefit analysis.
3.3.4 Outsourcing contracts must be executed in accordance with all applicable purchasing regulations.
4. Reporting:
The Director of Purchasing will file the annual Contract Workforce Reports by December of each year.
5. Legal Issues:
5.1 Anti-discrimination laws such as Title VII as amended and related Executive Orders, the Americans with Disability Act, and the Family Medical Leave Act apply to contracted workers.
5.2 Temporary employment agencies and/or contractors who provide temporary workers to ÃÛÌÒÊÓƵ University must furnish documentation of adequate insurance coverage prior to inception of the contract.
5.3 ÃÛÌÒÊÓƵ University will promote a safe and non-discriminatory environment for our employees and contract workforce, in accordance with the requirements of the State Office of Risk Management and all Federal and State equal employment laws.
6. Monitoring:
6.1 The Director of Purchasing will monitor the expenditure of funds for ÃÛÌÒÊÓƵ University’s contract workforce and provide a quarterly report to the Vice President of Finance and Operations. The Director of Human Resources will monitor contract positions in relation to the FTE information reported quarterly to the State Auditor.
Texas Government Code, §2254.01
Texas Education Code, §51.9335