Before entering into or approving a service contract, the commissioner must determine, at least, that:

1. (1) no current state employee is able and available to perform the services called for by the contract;
2. (2) the work to be performed under the contract is necessary to the agency's achievement of its statutory responsibilities and there is statutory authority to enter into the contract;
3. (3) the contract will not establish an employment relationship between the state or the agency and any persons performing under the contract;
4. (4) the contractor and agents are not employees of the state;
5. (5) the contracting agency has specified a satisfactory method of evaluating and using the results of the work to be performed; and

6. (6) the combined contract and amendments will not exceed five years, unless otherwise provided for by law. The term of the original contract must not exceed two years, unless the commissioner determines that a longer duration is in the best interest of the state.

   1. (i) are already doing the work in question; or

   2. (ii) are on layoff status in classes that can do the work in question.

      An employee is not available if the employee is doing other work, is retired, or has decided not to do the work in question.

   For purposes of clause (1), employees are available if qualified and: