Contracts and Agreements
As of June 3, 2019 the standard Independent Contractor Agreement (ICA) forms and processes have been replaced with a new Service Agreement. ICA's will continue to be used if already in process.

Please see below information on both the new Service Agreement and the former Independent Contractor Agreement (ICA)

Service Agreements - effective June 3, 2019

A Service Agreement is a contract between the University of Manitoba and a Supplier where the standard terms and conditions of the University will be used. This process should be used when engaging a Supplier or an individual to perform work. This method of buying is not used to purchase goods.

The new Service Agreement replaces the Independent Contractor Agreement (ICA) for both agreements with Suppliers who have a registered business/GST number and agreements with Individuals.

If your purchase is not related to a service, please visit our Making a Purchase webpage to determine the appropriate method of buying at the U of M.

WHO the Service Agreement is with drives the procedures required.

Please review the definitions below to determine which procedure you should follow:

  • A Business is defined as a Supplier (an organization or individual) who has a business registration number (GST number).

  • An Individual is defined as someone who does not have a business registration number (GST number).

Select the desired button below to view the required procedures, forms and support documentation for the type of Service Agreement you would like to create.

               

Independent Contract Agreements (ICA)

Standard Independent Contract Agreements (ICA) are discontinued as of June 3, 2019. Standard ICA's that are currently in process will complete their term using the ICA procedures.

An Independent Contractor is a supplier providing a non-employment service, for example consulting work, program/web design, professional service or testing service. A University of Manitoba standard (pro-forma) Independent Contractor Agreement (ICA) is developed as the contractual agreement.

ICAs are designed to outline the agreement of services to be provided, the payment terms of those services and generally, to protect both the University and the supplier’s interests in the performance of the services.

  • ICAs to Individuals over $5,000 are processed using the Independent Contract Agreement forms available on the Finance Forms site
  • ICAs to Suppliers under $25,000 are processed using the EPIC Contract Request (Procurement)
  • ICAs to Suppliers over $25,000 are processed also using the Independent Contract Agreement forms available on the Finance Forms site

Is the Work Considered Employment?

Very often, it is not an ICA that is require to have services performed, but simply an employment form.  Canada Customs and Revenue Agency provides four test areas that are used to weigh whether the service provider would be considered an employee or an Independent Contractor.  These tests would generally weigh in favor of employment if...

1) The work is being performed on University premises or on University equipment
2) The worker is under the supervision and control of the University
3) The worker is paid regardless of results achieved, and
4) The work is on-going and is for an indefinite period of time.

To determine how this individual should best be paid, utilize the Human Resources Payment to Individuals site.

Other Contracts & Agreements

Contracts with a Supplier are processed in EPIC using the EPIC Contract Request (Procurement). These contracts must adhere to the rules for Competitive Bidding at the University.

  • Exclusive Supply/Service Agreements are exclusive contracts with designated suppliers for specific commodities of goods or services, with pricing and terms negotiated University wide. The University is obligated to purchase from these exclusive agreements. These agreements are specifically identified in EPIC.
  • Preferred Supplier Agreements are similar to Exclusive Supply/Service agreements except without an obligation to buy from the designated supplier. These are specifically identified in EPIC.

Exclusive/Preferred Supplier Listing

For more information on these contracts and agreements, contact Purchasing Services (204) 474-8348