Public Contracting - General Provisions

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]

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)


Source

Last accessed
Jun. 26, 2021