C.R.S. Section 24-50-503
Personal services contracts implicating state personnel system

  • no separation of existing classified employees

(1)

Contracts for personal services that create an independent contractor relationship and that are not authorized under the provisions of section 24-50-504 are nevertheless permissible under this section to achieve increased efficiency in the delivery of government services when the state personnel director determines that all of the following conditions are met:

(a)

The contracting agency clearly demonstrates that the proposed contract will result in overall cost savings to the state and that the estimated savings will not be eliminated by contractor rate increases during the term of the contract, subject to the following:

(I)

In comparing costs, there shall be included the state’s cost of providing the same service as proposed by a contractor. The state’s costs shall include the salaries and benefits of staff that would be needed and the cost of space, equipment, and material needed to perform the function.

(II)

In comparing costs, there shall not be included the state’s indirect overhead costs unless the costs can be attributed solely to the function in question and would not exist if that function were not performed in state service. For such purpose, “Indirect overhead costs” means the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials.

(III)

In comparing costs, there shall be included in the cost of a contractor providing a service any continuing state costs that would be directly associated with the contracted function. These continuing state costs shall include, but need not be limited to, those for inspection, supervision, and monitoring.

(IV)

In comparing costs, there shall not be included any savings to the state attributable to lower health insurance benefits provided by the contractor.

(b)

The contracting agency clearly demonstrates that the proposed contract will provide at least the same quality of services as that offered by the contracting agency.

(c)

The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract.

(d)

The contract contains nondiscrimination provisions required by law to be included in state contracts.

(e)

The contract contains provisions for termination by the state for breach of the contract by the contractor.

(f)

The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by state government. In assessing the public’s interest, the state personnel director shall take into account:

(I)

The consequences and potential mitigation of improper or failed performance by the contractor;

(II)

Whether performance of the contract involves the improper delegation of a policy-making function;

(III)

The extent to which the contracting preserves the principles of competence in government and the avoidance of political patronage. For such purpose, there shall be considered the applicability of other laws, including those as enumerated in section 24-50-506, that aid in safeguarding the fundamental principles underlying the state personnel system.

(2)

The state personnel director shall not approve a personal services contract under this section if the contract would result directly or indirectly in the separation of certified employees from state service. However, nothing contained in this section shall be construed to prevent the separation of certified employees from state service pursuant to any other provision of law, including but not limited to the provisions of section 24-50-124, for reasons other than privatization.

(3)

Repealed.

Source: Section 24-50-503 — Personal services contracts implicating state personnel system - no separation of existing classified employees, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑50‑101
Short title - legislative declaration - terminology 24‑50‑102
Department of personnel - state personnel director 24‑50‑103
State personnel board 24‑50‑103.5
Department of personnel - review 24‑50‑104
Job evaluation and compensation - state employee reserve fund - created - study - report - definitions - repeal 24‑50‑104.5
Compliance with federal laws 24‑50‑109.5
Fiscal emergencies - emergency orders 24‑50‑110
Budget control - personal services 24‑50‑112.5
Selection system - definitions - rules - report - repeal 24‑50‑114
Temporary appointments - term - tenure 24‑50‑116
Standards of performance and conduct 24‑50‑117
Prohibited activities of employees 24‑50‑122
Opportunities for training - professional development center cash fund - creation - rules 24‑50‑123
Grievances - review 24‑50‑124
Reduction of employees - definition 24‑50‑125
Disciplinary proceedings - appeals - hearings - procedure - definitions 24‑50‑125.3
Discrimination appeals 24‑50‑125.4
Hearings 24‑50‑125.5
Recovery for improper personnel action 24‑50‑126
Resignation - procedure and effect 24‑50‑127
Employee records - release of location information concerning individuals with outstanding felony arrest warrants - state personnel director’s duties 24‑50‑128
Certification required before salary paid 24‑50‑129
Appointing authority’s salary liability 24‑50‑130
Form of records and reports 24‑50‑131
Subpoena powers 24‑50‑132
Political considerations and prohibited activities 24‑50‑133
Subversive acts - disqualification 24‑50‑134
Moving and relocation expenses 24‑50‑135
Exemptions from personnel system 24‑50‑136
Persons brought into the personnel system 24‑50‑137
Persons holding exempted positions 24‑50‑138
Effect of transfer of powers, duties, and functions 24‑50‑140
Reports on other employment systems 24‑50‑141
Rules and regulations - limitations - affirmative action corrective remedies - implementation 24‑50‑142
Repayment of debts to state-supported institutions of higher education by state employees 24‑50‑145
Agency-based human resource innovation and management processes - legislative declaration - definitions - guidelines and goals 24‑50‑146
Colorado statewide equity office - legislative declaration 24‑50‑201
Legislative declaration 24‑50‑203
Preretirement education and counseling 24‑50‑206
Cooperation of public employees’ retirement association 24‑50‑208
Voluntary separation incentive program 24‑50‑301
Status while in military service 24‑50‑302
Rights 24‑50‑303
No compensation - rights of National Guard 24‑50‑304
Applicability 24‑50‑401
Office hours of state offices 24‑50‑402
Appointment by outgoing officers prohibited 24‑50‑501
Legislative declaration 24‑50‑502
Definitions 24‑50‑503
Personal services contracts implicating state personnel system - no separation of existing classified employees 24‑50‑504
Personal services contracts not implicating state personnel system 24‑50‑505
Liability and immunity 24‑50‑506
Applicability of other laws 24‑50‑507
Conflict of interest 24‑50‑508
Intergovernmental agreements - agreements by state institutions of higher education - excluded 24‑50‑509
Review of individual contracts by state personnel director - when not required 24‑50‑511
State personnel director procedures 24‑50‑512
State personnel board rules 24‑50‑513
Contracts of six months or less - permitted 24‑50‑601
Short title 24‑50‑602
Legislative declaration 24‑50‑603
Definitions 24‑50‑604
Powers and duties of the director 24‑50‑605
Group benefit plans - specifications - contracts 24‑50‑607
Employees - eligibility - election of coverage 24‑50‑608
Dependents - eligibility - election of coverage 24‑50‑609
State contributions - supplemental state contribution fund - creation 24‑50‑609.5
Supplemental state contribution for eligible state employees - legislative declaration - definitions 24‑50‑610
Payroll deductions - employees 24‑50‑611
Employer payments 24‑50‑612
Administrative duties 24‑50‑613
Group benefit plans reserve fund 24‑50‑614
State payments - authority of controller 24‑50‑615
Continuation of previously existing benefits for persons absorbed by the state personnel system 24‑50‑618
Group benefit plans - institutions of higher education 24‑50‑619
Continuation of dental or medical benefits - dependents of state employee - work-related death - definitions 24‑50‑620
Targets for investment in primary care 24‑50‑801
Legislative declaration 24‑50‑802
Definitions 24‑50‑804
Development of recommendations for an employee incentive program 24‑50‑805
Institutions of higher education - alternative employee incentive programs 24‑50‑901
Legislative declaration 24‑50‑902
Definitions 24‑50‑903
State employee idea application 24‑50‑1001
Definitions 24‑50‑1002
State agencies with access to federal tax information - authorization for background checks - procedure - costs 24‑50‑1003
County departments with access to federal tax information - authorization for background checks - procedure - costs 24‑50‑1004
State agencies sharing federal tax information with other state agencies 24‑50‑1101
Short title 24‑50‑1102
Definitions 24‑50‑1103
Duties and responsibilities of the division - rules 24‑50‑1104
Duties and responsibilities of the director - rules 24‑50‑1105
Partnership units 24‑50‑1106
Covered employees’ choice of certified employee organization - rules 24‑50‑1107
Rights of covered employees 24‑50‑1108
Rights of certified employee organizations 24‑50‑1109
Duties of the certified employee organization 24‑50‑1110
Executive and management rights 24‑50‑1111
Duties of the state 24‑50‑1112
Partnership agreements 24‑50‑1113
Dispute resolution 24‑50‑1114
Maintenance of the partnership relationship 24‑50‑1115
Judicial review 24‑50‑1116
Construction of other laws 24‑50‑1117
Implementation and administration - costs 24‑50‑1201
Short title 24‑50‑1202
Legislative declaration - intent 24‑50‑1203
Definitions 24‑50‑1204
Competitive pharmacy benefit manager - contract - requirements
Green check means up to date. Up to date

Current through Fall 2024

§ 24-50-503’s source at colorado​.gov