The purpose of this article is to establish standards for the use of personal services contracts. (a) Personal services contracting is permissible to achieve cost savings when all the following conditions are met: (1) The contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the state, provided that: (A) In comparing costs, there shall be included the stateâs additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. (B) In comparing costs, there shall not be included the stateâs indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed in state service. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C) 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 not be limited to, those for inspection, supervision, and monitoring. (2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractorâs wages are at the industryâs level and do not significantly undercut state pay rates. (3) The contract does not cause the displacement of civil service employees. The term âdisplacementâ includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. (4) The contract does not adversely affect the stateâs affirmative action efforts. (5) The savings shall be large enough to ensure that they will not be eliminated by private sector and state cost fluctuations that could normally be expected during the contracting period. (6) The amount of savings clearly justify the size and duration of the contracting agreement. (7) The contract is awarded through a publicized, competitive bidding process. (8) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractorâs hiring practices meet applicable nondiscrimination, affirmative action standards. (9) The potential for future economic risk to the state from potential contractor rate increases is minimal. (10) The contract is with a firm. A âfirmâ means a corporation, partnership, nonprofit organization, or sole proprietorship. (11) The potential economic advantage of contracting is not outweighed by the publicâs interest in having a particular function performed directly by state government. (b) Personal services contracting also shall be permissible when any of the following conditions are met: (1) The functions contracted are exempted from civil service by Section 4 of Article VII of the California Constitution, which describes exempt appointments. (2) The contract is for a new state function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (3) The services contracted are not available within civil service, cannot be performed satisfactorily by civil service employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the civil service system. (4) The services are inci
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