§ 342. Contracting standards; contracts for services
Each contract for services valued at $25,000.00 or more per year shall require certification
by the Office of the Attorney General to the Secretary of Administration that such
contract for services is not contrary to the spirit and intent of the classification
plan and merit system and standards of this title. A contract for services 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 Office of the Attorney General as
provided in this section, unless the provisions of subdivisions (1), (2), and (3)
of this section are met, or one or more of the exceptions described in subdivision
(4) of this section 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 case-by-case 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; amended 2015, No. 78 (Adj. Sess.), § 3.)