OAR 125-246-0333
Independent Contractors


(1)

An Authorized Agency may, within the limits of its delegation under OAR 125-246-0170 (Delegation of Authority) and its legislatively approved budget, Contract for Services with Providers who are Independent Contractors.

(2)

“Independent Contractor” means a Person who provides services to an Authorized Agency in which the Authorized Agency neither controls nor has the right to control the means or manner by which Work is performed. The Authorized Agency may control the results of the services, but not control the means or manner of Contractor’s performance of the Work.

(3)

Within the parameters of employment, Workers’ compensation, and other relevant state and federal laws, and after determining that the contract will not violate any collective bargaining agreements, an Authorized Agency may contract for Services when:

(a)

The Work cannot be done in a reasonable time with the Authorized Agency’s own Workforce;

(b)

An independent and impartial evaluation is required; or

(c)

It will be less expensive to contract for the Work.

(4)

The Authorized Agency may not use Services Contracts to obtain and pay for the services of an employee. If a Contractor is not an Independent Contractor, the Authorized Agency may not enter into a Services Contract with the Contractor; instead, the Authorized Agency must follow personnel policies for employment options.

(5)

Independent Contractor Status. The Authorized Agency must develop a Statement of Work for Services, including Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services, that will not result in an employee relationship with the potential Contractor. Contractors must complete the Independent Contractor Certification either as a contract provision or on a form approved by the Chief Procurement Officer (Independent Contractor Certification). If the Contractor cannot certify Independent Contractor status, the Authorized Agency may not contract with the Contractor using a Services Contract, including Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services, except as otherwise allowed in Subsection (5)(f) of this Rule:

(a)

An Independent Contractor Certification must be part of each Contract;

(b)

If the Contractor is a corporation, the Independent Contractor Certification is still required.

(c)

If the nature of the Services or project is such that an employee/employer relationship will exist, the Authorized Agency must hire the individual through normal personnel procedures.

(d)

The Contract must include the Contractor’s legal name and address. Either the Contract or a separate cover sheet for the Contract must include the Contractor’s Social Security or federal tax identification number.

(e)

The Contract must provide that the Contractor is responsible for federal Social Security, except those categories excluded by law, and for any federal or state taxes applicable to the contract payment.

(f)

When a Contractor cannot certify that the Contractor meets the definition of “independent contractor,” is customarily engaged in an independently established business, and meets at least three of the requirements for such a business in accordance with ORS 670.600 (Independent contractor defined), then the Authorized Agency may contract with the Contractor only if the Designated Procurement Officer of the Authorized Agency approves the Contract upon a determination that the Contractor is an Independent Contractor and the Contract will not result in undue risk to the State.

(g)

For compliance with the tax laws in accordance with ORS 279B.110 (Responsibility of bidders and proposers), see OAR 125-246-0330 (Supplier Requirements).

Source: Rule 125-246-0333 — Independent Contractors, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=125-246-0333.

125‑246‑0100
Application
125‑246‑0110
Definitions
125‑246‑0120
Policies
125‑246‑0130
Application of the Code and Rules
125‑246‑0135
Solicitation Templates
125‑246‑0140
Procurement Authority
125‑246‑0150
Applicability of These Rules to Agencies
125‑246‑0165
Delegation Policy and Procedures
125‑246‑0170
Delegation of Authority
125‑246‑0200
Affirmative Action
125‑246‑0210
Subcontracting to and Contracting with Emerging Small Businesses
125‑246‑0220
Governor’s Policy Advisor for Economic and Business Equity
125‑246‑0300
Preference for Oregon Supplies and Services
125‑246‑0310
Reciprocal Preferences
125‑246‑0314
Disabled Veterans Preference
125‑246‑0316
Lighting Preference Relating to Mercury
125‑246‑0318
Oregon Employment Preference
125‑246‑0319
Federally Funded Transit Projects — Preference for Exceeding Federal Buy America Requirements
125‑246‑0320
Recycling
125‑246‑0321
Recycling Policy
125‑246‑0322
Preference for Recycled Materials
125‑246‑0323
Recycled Paper and Paper Products
125‑246‑0324
Recycling: Food Service and Food Packaging
125‑246‑0330
Supplier Requirements
125‑246‑0333
Independent Contractors
125‑246‑0335
Authority and Standards for Personal Services Contracts
125‑246‑0345
Procedures for Personal Services Contracts
125‑246‑0350
Approval of Personal Services Contracts
125‑246‑0351
Acquiring Services before Obtaining Requisite Approvals of a Personal Services Contract
125‑246‑0353
Reporting Requirements for Personal Services Contracts
125‑246‑0360
Purchases Through Federal Programs
125‑246‑0365
ORS 190 Agreements (Intergovernmental)
125‑246‑0400
Cooperative Procurement
125‑246‑0500
Oregon Procurement Information Network (ORPIN)
125‑246‑0555
Contract Administration
125‑246‑0556
Procurement Files
125‑246‑0570
Reinstatement of Expired Contract
125‑246‑0576
Payment Authorization for Cost Overruns for Services Contracts
125‑246‑0580
Dispute Resolution
125‑246‑0600
Ethics in Public Contracting
125‑246‑0605
Ethics
125‑246‑0610
Appointments to Advisory Committees
125‑246‑0615
Nonretaliation
125‑246‑0620
Specifications
125‑246‑0621
Anti-Trust Laws
125‑246‑0625
Sole-Source
125‑246‑0630
Fragmentation
125‑246‑0635
Authorized Agency and Provider Communications
125‑246‑0800
Selling or Leasing Supplies and Services
125‑246‑0900
Penalties
Last Updated

Jun. 8, 2021

Rule 125-246-0333’s source at or​.us