§ 2980.7. Negotiation of Contract.

(a) After expiration of the notice/compliance period stated in an announcement, the Executive Officer shall evaluate current statements of qualifications and performance data on file with the Commission, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with no less than three firms regarding the Commission's need for services, and the ability of each firm to provide those services to the Commission for the proposed project in a timely manner. The Executive Officer shall then select therefrom, in order of preference, based upon criteria established pursuant to section 2980.3, no less than three of the firms deemed to be the most highly qualified to provide the services required.

(b) The Executive Officer shall, in accordance with section 6106 of the Public Contracts Code, negotiate a contract with the best-qualified firm for services at compensation that the Executive Officer determines is fair and reasonable to the State of California. Should the Executive Officer be unable to negotiate a satisfactory contract with the firm considered to be the best-qualified at a price the Executive Officer determines to be fair and reasonable to the State of California, negotiations with that firm shall be formally terminated. The Executive Officer shall then undertake negotiations with the second best-qualified firm. Failing accord with the second most qualified firm, the Executive Officer shall terminate negotiations. The Executive Officer shall then undertake negotiations with the third most qualified firm.

(c) Should the Executive Officer be unable to negotiate a satisfactory contract with any of the selected firms, the Executive Officer shall select additional firms in order of their competence and qualifications and continue negotiations in the same manner until a satisfactory agreement is reached.

HISTORY

1. New section filed 5-1-2001 as an emergency; operative 5-1-2001 (Register 2001, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-2001 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 5-1-2001 order transmitted to OAL 5-1-2001 and filed 5-29-2001 (Register 2001, No. 22).

Note

Note: Authority cited: Section 4526, Government Code; and Section 6108, Public Resources Code. Reference: Sections 4527 and 4528, Government Code.