400.00 Contracted Services

400.10 Introduction

Great Falls College MSU occasionally desires to purchase services that cannot be provided by existing college employees. Under Montana law, there are two distinct types of purchased services – services as defined by the Montana Procurement Act and Consulting Services.

  1. Services under the Montana Procurement Act: Under the Montana Procurement Act, "services" means the furnishing of labor, time or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. Section MCA 18-4-123 (18) MOM Procurement Resources, VI, Services. The term does not include:
      • Consulting services as defined in Section MCA 18-4-132:
        • The services of registered professional engineers, surveyors, real estate appraisers, registered architects, physicians, dentists or other medical, dental or health care providers;
        • Expert witnesses hired for use in litigation;
        • Hearing's officers for rule making and contested case proceedings, attorneys, consulting actuaries to the public retirement boards;
        • Services purchased with money raised from student activity fees;
        • Services provided by providers of human services regulated by a state agency;
        • Services related to construction contracts; or
      • Services provided under collective bargaining agreements or employment contracts.
  1. Consulting Services:

Consulting services are defined as the "human service of studying or advising an agency under an independent contract." The term is limited to the provision of professional consulting and does not include the making of periodic or routine reports or the collection of routine data necessary for the functioning of a state agency.


400.20 Forms

400.30 Determination of Status

For all contracted services, the person providing the service must not be a current or former employee unless more than six months has elapsed since his/her termination. Montana law prohibits contracting with former state employees, within six months following their termination, to perform services related to matters the employee was involved with during his or her state employment.

Many factors determine if an individual should be hired as an independent contractor or employee.

  • Complete the Independent Contractor Checklist PRIOR to executing any Contracted Services Agreement.
  • Great Falls College needs to see an Independent Contractor’s Business License.
  • If the individual doesn’t have a license, the individual can apply for an Independent Contractor Exemption from the State of Montana.
  • Failure to meet these criteria strongly indicates an employee-employer relationship. Consult with HR/Payroll to determine if the individual should be set up as a Great Falls College employee.

400.40 Procedures for Contracting for Services of an Independent Contractor (Not for consulting services):

Prepare an explicit written description of the required services.

Contracts for contracted services of less than $10,000: Work with the business office to complete the contracted services agreement. The agreement should be completed and signed by all parties indicated on the form before services begin.

Contracts for contracted services of $10,000 or more: you may be required to go out for bid for services; provide the business office a full description of the desired services and suggested service provider(s) to start the procurement process.