Department of Transportation
Chapter 731
Division 146
GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING
731-146-0025
Independent Contractor Status For Services Contracts
(1) ODOT must develop a statement of work for services that will not result in an employee relationship with the potential Contractor.
(2) An independent contractor certification by Contractors must be included as a contract provision in each contract.
(3) If the nature of the services or project is such that an employee/employer relationship will exist, ODOT must hire the individual through normal personnel procedures.
(4) The Contract must include the Contractor’s legal name and address. The Contractor must provide its federal Employer Identification Number or Social Security Number to ODOT.
(5) The Contract must 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.
(6) Failure to comply with subsections (1) through (6) of this section may result in withdrawal of intent to award or termination of the Contract.
Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.050(3)
History:
DOT 1-2019, amend filed 02/21/2019, effective 02/21/2019
DOT 4-2011, f. 12-22-11, cert. ef. 1-1-12
DOT 5-2005, f. & cert. ef. 8-23-05
DOT 3-2005(Temp), f. 2-16-05, cert. ef. 3-1-05 thru 8-27-05