ORS 279A.055¹
Personal services contracts

(1) Except as provided in ORS 279A.140 (State procurement of goods and services), a contracting agency may enter into personal services contracts. The provisions of this section do not relieve a contracting agency of the duty to comply with ORS 279A.140 (State procurement of goods and services), any other law applicable to state agencies or applicable city or county charter provisions.

(2) A state contracting agency with procurement authority under ORS 279A.050 (Procurement authority) or a local contract review board by ordinance, resolution, administrative rule or other regulation may designate certain service contracts or classes of service contracts as personal services contracts. [2003 c.794 §8; 2005 c.103 §4]

Notes of Decisions

Under Former Similar Statute (Ors 279.051)

Local contract review board has broad discre­tion to designate contract as per­sonal service contract when cost is sec­ondary to other considera­tions, notwithstanding that contract may not involve professional, artistic or managerial discre­tion. McLean v. Buck Medical Services, Inc., 334 Or 17, 45 P3d 120 (2002)

Local contract review boards may designate service contracts as exempt from wage and hour guarantees of [former] ORS 279.316 and [former] ORS 279.334. McLean v. Buck Medical Services, Inc., 334 Or 17, 45 P3d 120 (2002)

Terms of per­sonal service contract may be applied to individual working under contract notwithstanding that particular individual may not be performing per­sonal services. McLean v. Buck Medical Services, Inc., 334 Or 17, 45 P3d 120 (2002)

1 Legislative Counsel Committee, CHAPTER 279A—General Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors279A.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 279A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano279A.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information