(1) Personal services contracts for employees or independent contractors are permissible when the functions contracted are otherwise performed by persons exempt from civil service by section 13 of article XII of the state constitution or by statutes enacted pursuant thereto.
(2) Personal services contracts that create an independent contractor relationship are permissible when the state personnel director determines that any of the following conditions are met:
The contract is for an existing state program that has never been performed by employees in the state personnel system, or the contract is for an existing state program that involves duties similar to duties currently or previously performed by classified employees but the contracted program is different in scope or policy objectives from the programs carried out by such classified employees. For the purposes of this paragraph (a), an "existing state program" is a state program that was in effect and performed by contract prior to April 7, 1993.
The contract is for a new state program, and the general assembly has statutorilyauthorized the performance of the program by independent contractors. A program is not a new state program within the meaning of this paragraph (b) solely because it is performed at a new facility or location.
The services contracted are not available within the state personnel system, cannot beperformed satisfactorily by employees of the state personnel system, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the state personnel system.
The services are incidental to a contract for the purchase or lease of real or personalproperty. Contracts under this criterion, known as "service agreements", include, but are not limited to, agreements to service or maintain equipment, computers, or other products that are entered into in connection with their original lease or purchase.
The legislative, administrative, or legal goals and purposes cannot be accomplishedthrough the utilization of persons selected pursuant to the state personnel system. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts include, but are not limited to, obtaining expert witnesses in litigation.
The contractor will provide equipment, materials, facilities, or support services thatcould not feasibly be provided by the state in the location where the services are to be performed.
The contractor will conduct training courses for which appropriately qualified statepersonnel system instructors are not available.
The services are of an urgent, temporary, or occasional nature.
(3) Contracts for purchased services, as determined by the state personnel director, that create an independent contractor relationship are permissible.
Source: L. 93: Entire part added, p. 283, § 1, effective April 7.