Iowa Admin. Code r. 441-2.2 - Contracts for use of the services of department employees
All determinations regarding whether the department shall enter into a contract for services shall be made by the director of the department or designee. All determinations are considered final and binding and are not subject to appeal. The director of the department or designee shall weigh the following criteria in making the decision.
(1)
Expertise. Department
employees shall possess certain expertise and skills needed by a
contractor
(2)
Mutual
benefit. There shall be a mutual benefit to the department and the
contractor
(3)
Payment. Payment for the full cost, both direct and indirect,
of department employees shall be received from the contractor
(4)
Supplementation of
services. The intent of the department is to permit its employees to
provide services to on-campus lessees. Department employees may supplement the
direct service provided by the contractor, but department employees shall not
assume full responsibility for the care and treatment of consumers of services
of the contractor
(5)
Use
of department employees. Department employees shall not be used to
fill vacancies of full-time staff positions of the contractor, nor can the full
time of a single department employee be contracted to a single contractor For
time-limited periods, and when it is in the best interest of the state, a state
institution, with approval of the director of the department and the director
of the Iowa department of personnel, may contract to provide department
employees to a contractor on a full-time basis.
(6)
'Nonprofit status.
Department employees shall only be contracted out to nonprofit entities as
defined by Iowa Code chapter 504A.
(7)
Conflict of interest. A
contract shall not be entered into if it creates a conflict of interest as
defined by Iowa and federal law for either the department employees, the
department in general, the state of Iowa, or the contractor.
(8)
Services to department
clients. Department employees' time shall be made available to a
potential contractor only if it can be done without harm to the department's
institution clients who are receiving services on an inpatient or outpatient
basis.
(9)
Subcontracting. The department shall not subcontract out the
time or services of a person under contract to the department. Persons who
perform services as independent contractors to the state of Iowa, pursuant to a
personal services contract, shall not be included in any agreement entered into
pursuant to this chapter However, this does not prohibit an independent
contractor from directly entering into a contractual relationship with a
contractor
Notes
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