External consultants and/or professional service providers are individuals or organizations that provide professional advice and other services to the University for a contractual fee. We collectively refer to these individuals and organizations as «consultants.» The university has developed the PSCA 3210 EN.01 contract form, which is to be used for agreements that include total payments of more than $10,000 per order. Some agreements require other forms and permits, which are listed in section 3210.4 below. Agreements for certain types of services require replacement or additional permits, as set out in section 3210.4 below. All agreements must first be signed by an authorized signatory of the third-party service provider and then sent to Procurement Services for review, approval and signature prior to the commencement of work. If you have any questions about consulting contracts, please contact Purchasing Support at 203-432-9955 or email purchasing.contracts @yale.edu. Lead Administrator – Ensures that all services provided under the LCPP comply with university guidelines and/or sponsor policies, as applicable. Fees for these services cannot be paid from funds of any kind managed by the University to staff or lecturers for work related to their current obligations at the University. Note: Different circumstances require changes to the form of the contract or the use of a different model, as described in section 3210.4 below.
Purchasing Services — Provides advice on supplier selection and contract negotiation; reviews and approves all agreements; and places orders upon presentation of a duly authorized purchase requisition, CSGP and other supporting documentation, as required. An agreement between Yale and a qualified company to purchase goods and/or services. The Vice-President of Finance and the Chief Financial Officer, as well as the Corporation`s Audit Committee, are responsible for retaining the services of external auditors who conduct audits of the University or its specific subdivisions. Any department wishing to hire the same external auditor for other services must first obtain the approval of the Corporation`s Vice-President of Finance and Chief Financial Officer and Audit Committee. The university has developed a standard professional services agreement that can be used by department administrators for routine consultation agreements. Formal consulting contracts are required for all individual consulting contracts that require payments over $10,000. For more information, see Guideline 3210 Professional Services and Consultation. Only officers or employees who have been given the power to sign by the articles or to whom authority has been delegated in accordance with the articles may issue and provide documents, contracts, receipts and other documents in which the University can or will be involved. Unless this authority has been delegated, no other person is authorized to sign university contracts and agreements. Any agreement that grants a provider access to Yale`s protected information must include confidentiality and security provisions approved by the Office of the Vice President and General Counsel.
For the purposes of this section, «Protected Information» means information that (i) any state or federal law, law, rule, or regulation requires of the Owner to protect it from unauthorized access, disclosure, or use; OR (ii) that Yale has marked Supplier as confidential in writing; AND (iii) that Supplier creates, receives or has access to in the performance of its obligations under its agreement with Yale. The University should only use external service providers if the required skills are not available or can be provided by University faculty or staff. External service providers typically have special skills, knowledge, or references that are not readily available to university faculty and staff, and expertise is provided temporarily, usually for a fee. For example, service providers may be hired to provide specialized services for business process modernization, IT systems development, strategic planning, and other management initiatives. Service providers may also be engaged to provide professional services related to the University`s capital, clinical, research, and other academic and administrative programs. Only the Department of Facilities (Central Faculty or Medical) is authorized to acquire and manage architectural, general contractor, engineering and other services for construction, renovation, maintenance and conversion projects. Ministries and schools must work directly with the facilities department for these types of services. A financial support agreement under a company-sponsored scholarship (also known as a «Fellow») to an organization qualified to execute a substantial portion of the programmatic efforts under the sponsored award. A sub-price is not used for the purchase of goods and services purchased as part of a price, as the suppliers of these goods and services have no programmatic liability. Entities that receive a sub-award are called «sub-recipients». The commitment of all external service providers must be checked to ensure that their tax classification is correct before the services are provided to the university and regardless of the amount of remuneration to be paid to the service provider.
Any decision as to whether a person is an independent contractor or an employee must be made in accordance with procedure 3210 PR.02 University Employee vs Independent Contractor. It is the responsibility of the lead administrator to make this decision. All consultation agreements involving non-U.S. citizens. U.S. citizens and non-citizens Lawful permanent residents or entities organized and/or residing outside the United States should refer to the International Tax Office website for important information. Environmental, occupational health and safety and other services are subject to agreements that must be approved by the Environmental Health and Safety Board. Payments must comply with all applicable government rules and regulations and university policies, including but not limited to sponsored reward terms, taxes, and conflicts of interest. Federal funds, including those claimed as installation and administrative costs, cannot be used to pay consulting or other fees to a full-time employee of the federal government. The service provider`s fees must be proportional to the services provided and the qualifications of the service provider. Service providers must be selected in accordance with the University`s tendering and selection process in accordance with the general procurement policy of Directive 3201.
All Professional Services and Consulting Contracts (CSPPs) must be approved by an authorized university official in accordance with section 3210.3 before commencing work. All legal services provided by external counsel must be arranged by the Office of the Vice-President and the Advocate General. Departments may not use legal services directly with outside counsel without the prior written permission of the Office of the Vice-President and the General Counsel. The University`s tax office or the office of the Vice President and General Counsel will engage external auditors to provide tax and international advisory services. There have been other agreements, commonly referred to as «service agreements,» in which Yale performs work such as providing medical services at a local clinic or «fee-for-service» type work. In the typical «fee-for-service» agreement, the external entity would own the research results, including intellectual property (IP), and impose confidentiality obligations on Yale, possibly including the prohibition or strict restriction of publications. Such conditions are generally not acceptable to Yale because such conditions in relation to research conducted at Yale should allow Yale to control the research (the conduct of the research depends on the person in the faculty), the results of that research should be publicly available through publication and presentation, and Yale is expected to own new intellectual property resulting from the mission. As a result, fee-for-service agreements are negotiated and approved only in certain circumstances. The university has compiled a buying guide that includes a comprehensive list of suppliers and purchasing methods for the most commonly purchased goods or services. Once the applicant has identified the business need for the purchase, determined that the purchase is permissible and reasonable, and confirmed that the cost is below the university`s comparative price threshold, the initiator should read the university`s buying guide.