Or. Admin. Code § 125-246-0335 - Authority and Standards for Personal Services Contracts
(1) Application. For the purposes of this
Rule only, "Personal Services" includes Architectural, Engineering,
Photogrammetric Mapping, Transportation Planning or Land Surveying Services,
and Related Services.
(2)
Identification of Personal Services Contracts.
(a) According to ORS 279A.140(2)(h), the
State Chief Procurement Officer may designate Contracts or classes of Contracts
as Personal Services Contracts for the purposes of reporting Personal Services
Contracts in accordance with ORS 279A.140 and identifying the appropriate
required procedures in accordance with ORS 279A.070 and 279A.140. In the event
of uncertainty or disagreement as to the status of any particular Contract or
class of Contracts, the State Chief Procurement Officer may determine whether a
particular contract is a Personal Services Contract.
(b) The Authorized Agency must identify
within the Contract that the Authorized Agency is contracting for Personal
Services. A failure to adequately describe Personal Services within the
Contract will not invalidate the Procurement or Contract if the Authorized
Agency properly used a sourcing method according to ORS 279B.055 through
279B.085 or 279C.100 through 279C.125 and substantially followed the related
Rules.
(3) Contracting
Out for Services Provided by Employees.
(a)
Where the Authorized Agency is contemplating contracting for Work performed by
Authorized Agency employees represented by a labor organization, the Authorized
Agency must review the relevant collective bargaining agreement to ensure the
contract complies with the provisions and, if applicable, the requirements of
ORS 279A.140.
(b) Whenever the
Authorized Agency pays more in a given 12-month period to a Provider under a
Personal Services Contract for services historically performed by state
employees than would have been paid to the Authorized Agency employee
performing the same Work, the Authorized Agency must report that fact, with a
justifying statement to the Department. The report must be made at the
conclusion of each fiscal year.
Notes
Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.140
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.