Revised: 02/12/2004

Contract Workforce (Temporary Staffing)* UPPS No. 05.02.03
Issue No. 1
Effective Date: 05/04/2000
Review: September 1 E4Y

01. POLICY STATEMENTS

01.01 We at Texas State SWT are committed to the efficient procurement, maintenance, and transportation of equipment, apparatus, supplies and personnel; and the security and protection of all employees, students, and visitors. The following procedure contributes to the fulfillment of this policy.

01.02 In accordance with Section 11.18, Article IX, General Appropriations Act, 76th Texas Legislature, this policy statement sets forth 1) guidelines for hiring temporary contract employees and 2) steps for outsourcing a function.

01.03 This policy statement applies to expenditures from all funds regardless of source.

02. DEFINITIONS

02.01 Contract workers are: 1) persons employed through a temporary service (such as Kelly, Manpower, Priority Personnel, etc.) who are paid by the service with Texas State SWT making payment to the service, or 2) persons employed by a third party contractor to whom all or a portion of a university function has been outsourced.

02.02 A "position" reportable on the State Auditor's Quarterly FTE Report is created or in existence when there are repetitive, discernible duties and responsibilities which require accomplishment over a sustained period of time and the contract worker works on the last day of a quarter, worked for more than one-half the days in the previous twelve (12) months and is not working in a function that has been completely outsourced.

02.03 Consultant is defined as a person (or entity) that provides or proposes to provide a consulting service which primarily involves studying or advising an entity, such as Texas State SWT (Reference Govt. Code, Section 2254.021). Consultants meeting that definition are not contract workers and are not covered by this policy, but are covered by UPPS No. 03.04.01.

03. POLICY

03.01 It is the policy of Texas StateSWT to utilize a temporary contract workforce in one of these circumstances:

a. In the event the current workforce is not sufficient to handle the workload, contract workers may be used when needed to accomplish Texas StateSWT's mission, goals and objectives.

b. Outsourcing all or part of a function must 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 Texas State SWT employees.

04. PROCEDURES

04.01 Prior to using a contract worker, the account manager must determine the best option for accomplishing the department's workload. Contract workers will be utilized to accomplish the workload only after it is determined by the account manager to be cost effective in accordance with the document SAO No. 99-326, Best Practices and Guidelines for Effectively Using a Contract Workforce. [This is available at http://www.sao.state.tx.us/.] Account managers must retain the cost benefit analysis on file in their office for a period of two (2) years after the conclusion of the contract in accordance with the State's Record Retention Act.

04.02 Steps for hiring a temporary service contract worker:

*a. The account manager must execute a purchase order to fill the temporary position(s) after having first complied with the purchasing regulations of the Texas Building and Procurement Commission State General Service Commission regarding competitive bidding and the Rules and Regulations of the Board of Regents, Texas State University System.

*b. The vendor selected to provide temporary services must be approved to provide such services to Texas State departments. A list of approved vendors will be distributed annually to all account managers from the office of the Vice President for Finance and Support Services. Updates will be distributed as new vendors obtain formal approval.

c. b. 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.

04.03 Steps for outsourcing a function:

a. Functions can only be outsourced through the use of competitive bidding or a Request for Proposals (RFP).

b. Account managers seeking to outsource a function should consult with the Director of Procurement Services to determine the appropriate bidding methodology.

c. Upon receipt of bids or proposals, the account manager must document a cost/benefit analysis conducted to answer the questions posed in Section 03.01 b. of this UPPS. Guidance on conducting a cost/benefit analysis can be found in the SAO document cited in Section 04.01 above.

d. Outsourcing contracts must be executed in accordance with the purchasing regulations of the Texas Building and Procurement Commission and Rules and Regulations of the Board of Regents, Texas State University System.

05. REPORTING

05.01 The Vice President for Finance and Support Services will file the Quarterly and Annual Contract Workforce Reports, as required by the Legislative Budget Board, the Governor's Office and the State Auditor as required by H.B. 1, 76th, R.S. by December 1 of each year.

06. LEGAL ISSUES

06.01 Anti-discrimination laws such as Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Family Medical Leave Act apply to contract workers.

06.02 Contract workers who are injured on the job may have a cause of action against Texas State SWTwhich has supervisory control over the work premises. Therefore, all contracts for contract workers must address Texas State SWT's liability. Account managers should consult with the University Attorney on these issues.

06.03 Temporary employment agencies and/or contractors who provide temporary workers to Texas State SWTmust furnish documentation of adequate insurance coverage prior to inception of the contract.

06.04 To ensure a safe and non-discriminatory environment for our employees and contract workforce, Texas State SWTwill comply with requirements of the Texas Workers' Compensation Commission, State Office of Risk Management, the guidelines where applicable, of the Occupational Safety and Health Administration agency, and all federal and state equal employment opportunity laws.

07. MONITORING

07.01 The Associate Vice President for Financial Services/ Treasurer will monitor the expenditure of funds for Texas State SWT's contract workforce. The Associate Vice President will provide a quarterly report to the Vice President for Finance and Support Services. The Director of Budgeting will monitor contract positions in relation to the FTE cap reported quarterly to the State Auditor.

*08. REVIEWERS OF THIS UPPS

08.01 Reviewers of this UPPS include the following:

Position Date

Dr. Carolyn Conn September 1 E4Y

AssociateAsst. Vice President for

Financial Services/Treasurer

Mr. Gordon Thyberg September 1 E4Y

Director, Budgeting

Mr. John McBride September 1 E4Y

Director, Human Resources

*09. CERTIFICATION STATEMENT

This UPPS has been approved by the following individuals in their official capacities, and represents Texas StateSWT policy and procedure from the date of this document until superseded.

Dr. Carolyn Conn, Associate AssistantVice President for Financial Services/Treasurer; senior reviewer of this UPPS

Mr. William A. Nance, Vice President for Finance and Support Services

Dr. Denise M. Trauth, Dr. Jerome H. SupplePresident