Cal. Code Regs. Tit. 14, § 40407 - Negotiation

(a) The Director shall attempt to negotiate a contract with the most highly qualified firm. In negotiating fees and executing a contract, the Director shall follow the procedure described in Section 6106 of the Public Contract Code (or any successor statute).

(b) If the Director is unable to negotiate a satisfactory contract with the most highly qualified firm at fair and reasonable compensation as determined by the procedure set forth in Section 40405, negotiations shall be terminated. The Director shall then undertake negotiations with the second most qualified firm on the same basis. Failing accord, negotiations shall be terminated. The Director shall then undertake negotiations with the third most qualified firm on the same basis. Failing accord, negotiations shall be terminated.

(c) Should the Director be unable to negotiate a satisfactory contract at fair and reasonable compensation with any of the selected firms, the Director shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this chapter until an agreement is reached.

Notes

Cal. Code Regs. Tit. 14, § 40407

1. New section filed 1-12-2023; operative 4-1-2023 (Register 2023, No. 2).

Note: Authority cited: Section 4526, Government Code; and Section 14306, Public Resources Code. Reference: Sections 4526, 4526.5, 4528 and 4529.12, Government Code; and Article XXII, Sections 1 and 2, California Constitution.

1. New section filed 1-12-2023; operative 4/1/2023 (Register 2023, No. 2).