§ 5 §1816-A — Personal services contracting

1.
Conditions; general.
Except for contracts requiring specific legislative approval, personal services contracting is permissible when any one of the following conditions is met.
2.
Conditions; cost savings.
Personal services contracting is permissible to achieve actual cost savings when all the following conditions are met.
3.
Contract information retained.
Departments or agencies submitting proposed contracts shall retain all data, including written findings, relevant to the contracts and necessary for a specific application of the standards set forth in subsections 1 and 2.
4.
Access to public records.
As a condition of accepting a contract for services under this section, a contractor must agree to treat all records, other than proprietary information, relating to personal services work performed under the contract as public records under the freedom of access laws to the same extent as if the work were performed directly by the department or agency. For the purposes of this subsection, "proprietary information" means information that is a trade secret or commercial or financial information, the disclosure of which would impair the competitive position of the contractor and would make available information not otherwise publicly available. Information relating to wages and benefits of the employees performing the personal services work under the contract and information concerning employee and contract oversight and accountability procedures and systems are not proprietary information. This subsection applies to contracts, contract extensions and contract amendments executed on or after October 1, 2009.

Legislative History

PL 1997, c. 285, §1 (NEW). PL 2003, c. 501, §1 (AMD). PL 2003, c. 501, §3 (AFF). PL 2009, c. 221, §1 (AMD). PL 2023, c. 516, Pt. B, §12 (AMD).