§ 67900.10. Contracting in Phases.

(a) Should the Director determine that it is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price in the initial instance, provided that the Director shall have determined that:

(1) The firm is best qualified to perform the whole project at reasonable cost, and;

(2) The contract contains provisions that the State, at its option, may utilize the firm for other phases and that the firm will accept a fair and reasonable price for subsequent phases to be later negotiated, mutually agreed upon and reflected in a subsequent written instrument.

(b) The procedure with regard to estimates and negotiation shall otherwise be applicable.

HISTORY

1. New section filed 11-8-2001 as an emergency; operative 11-8-2001 (Register 2001, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-8-2002 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 3-7-2002 as an emergency; operative 3-9-2002 (Register 2002, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-8-2002 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 6-19-2002 as an emergency; operative 7-9-2002 (Register 2002, No. 25). A Certificate of Compliance must be transmitted to OAL by 11-6-2002 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 6-19-2002 order transmitted to OAL 11-6-2002 and filed 12-23-2002 (Register 2002, No. 52).

Note

Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4528, Government Code.