Or. Admin. Code § 943-060-0040

Current through Register Vol. 63, No. 12, December 1, 2024

Section 943-060-0040 - Independent Contractors

(1) The Authority may, within the limits of its delegation and its legislatively approved budget, contract for personal services with providers who are independent contractors.

(2) "Independent contractor" means an individual who provides services to the Authority in which the Authority neither controls nor has the right to control the means or manner by which work is performed. The Authority may control the results of the services, but not control the means or manner of how a contractor performs the work.

(3) Within the parameters of employment, workers' compensation, and other relevant state and federal laws, and after determining that the contract will not violate any collective bargaining agreements, the Authority may contract for personal services when:

(a) The work cannot be done in a reasonable time with Authority's own workforce;

(b) An independent and impartial evaluation is required; or

(c) It will be less expensive to contract for the work.

(4) The Authority may not use personal services contracts to obtain and pay for the services of an employee. If a contractor is not an independent contractor, the Authority may not enter into a personal services contract with the contractor; instead, the Authority shall follow personnel policies for employment options.

(5) The Authority shall develop a statement of work for trade or personal services, including architectural, engineering and land surveying services, and related services, that will not result in an employee relationship with the potential contractor. Contractors shall complete an independent contractor certification either as a contract provision or on a form approved by the Office of Contracts and Procurement. If the contractor cannot certify independent contractor status, the Authority shall not contract with the contractor using a trade or personal services contract, including architectural, engineering and land surveying services, and related services, except as otherwise allowed in section (5)(f) of this rule.

(a) An independent contractor certification shall be part of each contract.

(b) If the contractor is a corporation, the independent contractor certification is still required.

(c) If the nature of the services or project is such that an employee/employer relationship will exist, the Authority shall hire the individual through normal personnel procedures.

(d) The contract shall include the contractor's legal name and address. Either the contract or a separate cover sheet for the contract shall include the contractor's social security or federal tax identification number.

(e) The contract shall provide that the contractor is responsible for federal social security, except those categories excluded by law, and for any federal or state taxes applicable to the contract payment.

(f) When a contractor cannot certify that the contractor meets the definition of independent contractor, is customarily engaged in an independently established business, and meets at least three of the requirements for such a business in accordance with ORS 670.600, the Authority may contract with the contractor only if the DPO approves the contract upon a determination that the contractor is an independent contractor and the contract will not result in undue risk to the state.

Or. Admin. Code § 943-060-0040

OHA 5-2012, f. & cert. ef. 8-1-12

Stat. Auth.: ORS 179.040, 279A.065, 279A.070, 413.033 & 413.042

Stats. Implemented: ORS 279A.070, 413.033 & 670.600