The University of Colorado Employee Services uses the Scope of Work (SOW) form to determine if someone can be classified as an independent contractor. This determination is based on the nature of the relationship between the service provider and the university.
If service provider is working under their EIN (business/company), the SOW shouldn't be required.
You will need to obtain information below BEFORE you begin online Scope of Work form (form must be completed in one sitting.). You can find more information and a link to the online form here.
(* fields in form are required)
Department number: 10237
Are you the same person who will approve this SOW request for your department? No
I want the department approver to review the Scope of Work form before it is sent to the Service Provider. – don’t check this box
Organizational Unit Approver – department chair
SOW questions for faculty member
Describe in full detail the services to be requested as well as service provider's qualifications to complete this service. Include deliverables, milestones, and special terms (include additional sheets if necessary):
Contract Begin Date & Contract End Date
Cost of Service, Other costs & Maximum payment
SOW questions for service provider
Service provider name and email address (include mailing address if check will be mailed)
Are you a current or former CU employee? (If so, list dates of employment)
Are you retired and receiving PERA benefits?
Have you been hired previously as a contractor (for CU)? (if yes, provide dates)
Will the service be performed inside the U.S.?
Is the service provider a US Citizen, US Permanent Resident, Foreign National, International Student – select one (if foreign national or international student, what is country of citizenship? Have you been issued a social security number? Anticipated immigration status for any U.S. services [no services planned inside the U.S., F-1, H1B, J-1, J-2, 01]).
Will work be performed on campus? Yes or no
Will University equipment or supplies be used? Yes or no
Will the service be performed inside the U.S.? Yes or no
Will the service provider be working with minors/vulnerable populations? Yes or no
IRS Classification Checklist (I have also included typical responses to these questions)
Will the department give the individual instructions as to when, where, and how to achieve results? (typical answer: NO)
Flexibility of Schedule: Will the individual have to follow University scheduled hours of work? (typical answer: NO)
Training: Will the individual receive specific training from the University about how to accomplish the service? (typical answer: NO)
Tools and Materials: Will the individual furnish tools and materials necessary to perform the contracted services? (typical answer: YES)
Control of Assistants: Can the individual hire, supervise or pay assistants to help perform the services? (typical answer: YES)
Control over Discharge: Is the service provider subject to dismissal for reasons other than non-performance of contract? (typical answer: NO)
Personal Service: Is it a condition of the agreement that the individual personally provide service to the University? (typical answer: NO)
Status Reports: Will the individual be submitting regular oral and/or written reports to the University, other than status updates? (typical answer: NO)
Significant Investment: Has the individual invested in the individual's business venture such as training, marketing, insurance, office or equipment to perform the proposed services? (typical answer: YES)
Payment of Expenses: Will the University pay the individual’s business or travel expenses in addition to the rate or fee? (typical answer: NO)
Services Available: Does the individual make his or her services available to the general public? (typical answer: YES)
Method of Payment: Will the University pay the individual by the hour, week, or month rather than by the job? (typical answer: NO)
Risk of Profit/Loss: Will the individual bear the risk of making a profit or losing money depending on income and expenses? (typical answer: YES)
Degree of Business Integration: Will individual perform services that are integrated into the core business operations of the university department (typical answer: NO)
Individual Status: Will the individual receive any CU employee benefits? (typical answer: NO)
Continuity of Relationship: Will the Service provider work at sporadic intervals not to exceed 12 months under specific job completion date? (typical answer: YES)
Right to Terminate: Can the individual terminate his or her relationship at any time without incurring any personal liability? (typical answer: NO)