ORS 279A.055
Personal services contracts

(1)

Except as provided in ORS 279A.140 (State procurement of goods and services), a contracting agency may enter into personal services contracts. The provisions of this section do not relieve a contracting agency of the duty to comply with ORS 279A.140 (State procurement of goods and services), any other law applicable to state agencies or applicable city or county charter provisions.

(2)

A state contracting agency with procurement authority under ORS 279A.050 (Procurement authority) or a local contract review board by ordinance, resolution, administrative rule or other regulation may designate certain service contracts or classes of service contracts as personal services contracts. [2003 c.794 §8; 2005 c.103 §4]

Source: Section 279A.055 — Personal services contracts, https://www.­oregonlegislature.­gov/bills_laws/ors/ors279A.­html.

Notes of Decisions

Under former similar statute (ORS 279.051)

Local contract review board has broad discretion to designate contract as personal service contract when cost is secondary to other considerations, notwithstanding that contract may not involve professional, artistic or managerial discretion. McLean v. Buck Medical Services, Inc., 334 Or 17, 45 P3d 120 (2002)

Local contract review boards may designate service contracts as exempt from wage and hour guarantees of [former] ORS 279.316 and [former] ORS 279.334. McLean v. Buck Medical Services, Inc., 334 Or 17, 45 P3d 120 (2002)

Terms of personal service contract may be applied to individual working under contract notwithstanding that particular individual may not be performing personal services. McLean v. Buck Medical Services, Inc., 334 Or 17, 45 P3d 120 (2002)

279A.005
Short title 279A.010
Definitions for Public Contracting Code 279A.015
Policy 279A.020
Organization of Public Contracting Code 279A.025
Application of Public Contracting Code 279A.030
Federal law prevails in case of conflict 279A.050
Procurement authority 279A.055
Personal services contracts 279A.060
Local contract review boards 279A.065
Model rules generally 279A.070
Rules 279A.075
Delegation 279A.100
Affirmative action 279A.105
Subcontracting to emerging small businesses or businesses that service-disabled veterans own 279A.107
Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, business that service-disabled veteran owns or emerging small business during term of public contract 279A.110
Discrimination in subcontracting prohibited 279A.112
Requirement to certify that contractor has policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of protected class 279A.120
Preference for Oregon goods and services 279A.125
Preference for recycled materials 279A.128
Preference for goods fabricated or processed within state or services performed within state 279A.130
Preference for exceeding Buy America requirements for transit projects 279A.140
State procurement of goods and services 279A.142
Limitation of competition 279A.145
Recycled product purchasing information 279A.150
Procurement of goods containing recycled polyethylene material 279A.155
State procurement of paper 279A.157
State contracting agency use of contract form, contract template or solicitation template 279A.159
Education and training or experience requirements for persons that conduct procurements or administer contracts for state contracting agencies 279A.161
Review and verification of advice and recommendations concerning procurements 279A.165
Report concerning special procurements 279A.167
Certification program for training in pay equity provisions of state law 279A.180
Purchases through federal programs 279A.185
Local contracting agency arrangements for use or disposition of personal property authorized 279A.190
Transfers of fire protection equipment between fire departments 279A.200
Definitions for ORS 279A.200 to 279A.225 279A.205
Cooperative procurements authorized 279A.210
Joint cooperative procurements 279A.215
Permissive cooperative procurements 279A.220
Interstate cooperative procurements 279A.225
Protests and disputes 279A.250
Definitions for ORS 279A.250 to 279A.290 279A.255
Inspection, appraisal and inventory of state property 279A.260
Powers and duties of department 279A.265
Use of Oregon Department of Administrative Services Operating Fund 279A.270
Contracts with federal government for accepting gifts and acquiring surplus property 279A.275
Leasing of state property 279A.280
Disposal of surplus property 279A.285
Disposition of moneys received as payment for repair or replacement of damaged, destroyed, lost or stolen property 279A.290
Miscellaneous receipts accounts 279A.800
Consideration of whether bidder or proposer owes liquidated and delinquent debt to state 279A.803
Requirements for qualified projects funded with moneys from American Rescue Plan Act of 2021 279A.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 279A.055’s source at oregon​.gov