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Contracts and Requisition Compliance

Contract for Services and Scope of Services

Contract for services are required for all procurement of services over $4,999.00. All contracts should be first signed by the vendor, then the department signatory. The contract should be forwarded to the Purchasing department for final signature from the Assistant Vice Chancellor of Administrative Services for execution.

All sections of the scope of services should be completed fully. Only signatures by the departmental signatory and the vendor are required for this form.

Amendments may be made to the contract for services after execution for time, amount, or both.

 

Additional Forms for Contracts

Performances

Payments for performances will require a Performance Contract. Please contact Holly Fern via email or phone (ext 8055) for further instructions.

Please note, effective January 1, 2006, the University of Massachusetts is required to withhold Massachusetts’s income tax on certain payments made to performers or performing entities. The requirement resulted from legislation and a directive issued by the Massachusetts Department of Revenue in December and applies as follows:

Definition of "Performers/Performing Entities: Subject to Withholding & Reporting"

Performer. A performer may be (i) an athlete such as a wrestler, boxer, golfer, tennis player, sports team member or other athlete who is paid for competing, demonstrating, making a public appearance, or endorsing merchandise, as well as a person paid to further an athlete’s performance or an athletic event performing services such as owner or leader of a performing entity; agent or manager of a performing entity or performer; referee, coach, or trainer; member of a production crew; or (ii) a paid entertainer or speaker, such as an actor, singer, musician, dancer, circus performer, comedian, celebrity, public speaker or lecturer, as well as any person paid to further an entertainer’s or speaker’s performance such as owner or leader of a performing entity; agent or manager of a performing entity or performer; or writer, director, coach, designer, or member of a sound, light, stage or production crew. A performing entity is a corporation, partnership, limited partnership, limited liability company, corporate trust or other entity that employs, engages, or comprises one or more performers.

There is no corporation exclusion for either tax reporting or withholding.

Withholding is required if the gross payment by the University (all campuses combined) to a performer equals or exceeds $5,000 during a calendar year. Withholding is not required on amounts paid to cover expenses.

 

Independant Contractors

In payment to an individual, an Employee Status Form will need to be completed. Please contact Leslie Mercure via email or phone (ext 6474) for more information.

 

Trade Labor Contracts

Departments may utilize the trade labor agreements for projects less than $24,999.99. All quotes and invoices must reference appropriate contract number.

 

Non-Competitive Award Justification

This form shall be used to justify Sole Source and Sole Acceptable Brand for all types of purchases except Contracting for Professional Services, which has its own unique Documentation Form.

In accordance with University policy, which has been mandated by the State and Federal auditors, any sole source, or sole acceptable source/brand product/service, in excess of $5,000, that is not covered by State, University, * or MHEC Contract, must be accompanied by an original written quotation from the vendor and a written explanation/justification from the requester.

Note that “best price” alone cannot be used as a basis for sole source or sole acceptable source/brand. If the product/service is available from more than one source of supply, best price must be determined through the competitive bid process. Please be sure to follow all instructions when completing this form.

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