§ 342 - Contracting standards; personal services contracts
§ 342. Contracting standards; personal services contracts
A personal services contract is contrary to the spirit and intent of the classification plan and merit system and standards of this title, and shall not be certified by the attorney general under subdivision 311(a)(10) of this title, unless the provisions of subdivisions (1), (2) and (3) of this subsection are met, or one or more of the exceptions described in subdivision (4) of this subsection apply.
(1) The agency will not exercise supervision over the daily activities or methods and means by which the contractor provides services other than supervision necessary to ensure that the contractor meets performance expectations and standards; and
(2) The services provided are not the same as those provided by classified state employees within the agency; and
(3) The contractor customarily engages in an independently established trade, occupation, profession or business; or
(4) Any of the following apply:
(A) The services are not available within the agency or are of such a highly specialized or technical nature that the necessary knowledge, skills or expertise is not available within the agency.
(B) The services are incidental to a contract for purchase or lease of real or personal property.
(C) There is a demonstrated need for an independent audit, review or investigation; or independent management of a facility is needed as a result of, or in response to, an emergency such as licensure loss or criminal activity.
(D) The state is not able to provide equipment, materials, facilities or support services in the location where the services are to be performed in a cost-effective manner.
(E) The contract is for professional services, such as legal, engineering, or architectural services, that are typically rendered on a casebycase or project-by-project basis, and the services are for a period limited to the duration of the project, normally not to exceed two years or provided on an intermittent basis for the duration of the contract.
(F) The need for services is urgent, temporary or occasional, such that the time necessary to hire and train employees would render obtaining the services from state employees imprudent. Such contract shall be limited to 90 days duration, with any extension subject to review and approval by the secretary of administration.
(G) Contracts for the type of services covered by the contract are specifically authorized by law.
(H) Efforts to recruit state employees to perform work, authorized by law, have failed in that no applicant meeting the minimum qualifications has applied for the job.
(I) The cost of obtaining the services by contract is lower than the cost of obtaining the same services by utilizing state employees. When comparing costs, the provisions of section 343 of this title shall apply. (Added 1999, No. 75 (Adj. Sess.), § 2.)