DJCA - Personal Services Contracts
The district may enter into personal services contracts with qualified professionals as provided by Oregon Revised Statute (ORS) 279A.055.
“Personal services contracts,” as used in this policy, means contracts for specialized skills, knowledge and resources in the application of highly technical or scientific expertise or the exercise of professional, artistic or management discretion or judgment. The district may enter into a personal services contract with a current district employee only when the individual meets independent contractor status in accordance with state, Public Employees Retirement System (PERS) and Internal Revenue Service (IRS) requirements.
Selection of a personal services contractor will be based primarily on qualifications and performance history, expertise, knowledge and creativity and the ability to exercise sound professional judgment.
All personal services contracts shall be based on demonstrated qualifications and competence to perform the required services, encourage competition, discourage favoritism and obtain services at a fair and reasonable price.
Contracts for personal services in excess of $150,000 shall require prior Board approval.
The superintendent will develop administrative regulations modifying Oregon Administrative Rule (OAR) 137 Division 47 rules necessary to implement this policy, as appropriate.
END OF POLICY
ORS Chapters 279
ORS Chapters 279A, 279B and 279C
Internal Revenue Service, Publication 1779: Independent Contractor or Employee (Rev. 3-2012).
DJC - Bidding Requirements
PERSONAL SERVICES CONTRACTS
1. Personal Services Contracts - Defined:
a. Personal services contracts include, but are not limited to, a contract or member of a class of contracts that the Local Contract Review Board (LCRB) has designated as a personal services contract pursuant to Oregon Revised Statute (ORS) 279A.055. Personal services include but are not limited to the following:
- Contracts for services performed as an independent contractor in a professional capacity (e.g., services of an accountant, attorney, data processing consultant, architect, engineer, etc.);
- Contracts for services as an artist in the performing or fine arts (e.g., photographer, painter, etc.);
- Contracts for services that are specialized, creative and research oriented;
- Contracts for services as a consultant;
- Contracts for educational consulting services
b. Personal Services Contracts – Thresholds for the procurement for all personal services (other than the services of an architect, engineer, land surveyor or related services). Personal Services Contracts shall be formally solicited by request for proposal (RFP) pursuant to Oregon Administrative Rule (OAR) 137-047-0250 through 137-047-0290 except:
a. Small Procurements. Personal services contracts with an estimated price/fee less than or equal to $75,000 within a fiscal-year period may be procured through direct negotiations with the contractor.
b. e district has, through a request for qualifications (RFQ), established a list of qualified contractors for the particular project or class of project.
c. The nature of the contract work requires an ongoing, long term relationship of knowledge and trust. Examples include, but are not limited to, legal services and audit services.
d. Intermediate Procurement. Personal services contracts with an estimated price/fee greater than $75,000 but less than or equal to $150,000 within a fiscal-year period may be procured through an informally solicited process (quote, bid or request for proposal).
e. Sole Source. The district may award a contract for personal services without competition pursuant to the requirements of OAR 137-047-0275.
3. Personal Services Contracts – Thresholds for the procurement and amendment for personal services contracts of an architect, engineer, land surveyor or related services (as defined in ORS 279C.100). Personal Services Contracts shall be formally solicited by RFP pursuant to OAR Chapter 137 Division 48 except as allowed in OAR Chapter 137 Division 48.
4. Amendments. Personal Services Contracts may be amended in accordance with OAR 137-047-0800.
5. Additional procedures, including forms and solicitation templates, for personal services contracts are delineated in the Purchasing Manual located on the BSDnet Portal.
6. Special Procurements - Authority. Pursuant to ORS 279A.055, the Board may designate certain service contracts or classes of service contracts as personal services contracts. In addition to the special procurements designated in 7. below, the Board delegates to the superintendent or designee the authority and discretion to decide whether a particular type of contract or service falls within the definition of a personal services contract.
7. Personal Services - Designated. The Board designates the following classes of service contracts and service contracts as personal service contracts:
a. Classes of service contracts:
- Contracts for services performed in a professional capacity, including services of an accountant, attorney, architect, land-use-planning consultant, engineer, appraiser, surveyor, medical professional (e.g., doctor, dentist, nurse, counselor), information technology consultant or broadcaster;
- Contracts for services as an artist in the performing or fine arts, including any person identified as a photographer, filmmaker, actor, director, painter, weaver or sculptor;
- Contracts for services that are specialized, creative or research-oriented;
- Contracts for services as a consultant;
- Contracts for educational services; and
- Contracts for human custodial care, child care, mental health care, health services, social and emergency services and other human services.
b. Service contracts:
- Accountant/Auditor/Investment Advisor;
- Agent of Record;
- Athletic Official;
- Auction Server;
- Catering with Service;
- Child Care Provider;
- Choreographer/Dance Instruction;
- Conference Planning/Employee Assistance;
- Dental Services;
- Environmental Services;
- Exam Preparation/Grading/Proctor;
- Financial Advisor;
- Grant-Related Services;
- (Health Care Provider;
- Hearings Officer;
- Higher Ed/Extended Studies/Internet-Based Learning;
- Insurance Adjuster/Appraiser;
- Legal Services/Mediator/Adjudicator;
- Medical/Nursing Services;
- Music Instructor;
- Musician/Disc Jockey/Musical Scores;
- (Personal Development Training;
- Print/Graphic Services/Embroidery/Screening Printing/Book Binding;
- Photographer, Photography;
- Real Estate Services;
- Special Education Services;
- Story Teller;
- Student Teachers;
- Technical Writer: Grants/Manuals/Speeches;
- Technology/Software/Related Services;
- Training/Instruction: Community, Staff, Students;
- Video/Audio Recording or Productions;