Cal. Code Regs. Tit. 14, § 11890 - Contract Negotiation

(a) Within 14 days of ranking of the consultants or longer if needed and if the person or entity is notified in writing of the need for additional time, the Executive Director shall notify the highest-ranking person or entity and shall commence negotiations with that person or entity.

(b) Notice to the highest ranked person or entity shall be in writing and shall include instructions for the negotiations to follow and any other information necessary to understand fully the negotiation process.

(b) The Executive director shall negotiate with the highest ranking firm until either the Executive Director has executed a contract with that person or entity to provide all of the required services at a fair and reasonable price or the Executive Director has determined that he or she is unable to negotiate such a contract.

(c) If the Executive Director determines that he or she cannot negotiate a contract for the required services at a fair and reasonable price with the highest ranked person or entity, the Executive Director shall formally terminate negotiations with that person or entity by providing written notice of termination. The written notice of termination shall be sent by Registered Mail and by regular mail and shall state the fact that the Executive Director has determined that he or she cannot reach an agreement to provide the required services at a fair and reasonable prices and the fact that the Executive Director is therefore terminating negotiations.

(d) If the Executive Director has terminated negotiations with the highest ranked person or entity, the Executive Director shall open negotiations with the next highest ranked person or entity within 15 working days of formal notification of termination of negotiations with the highest ranked person or entity. Negotiations shall continue with the second ranked person or entity until the Executive Director either executes a contract or determines that he or she cannot negotiate such a contract at a fair and reasonable price.

(e) This process shall be continued with the third, four, fifth, etc. highest ranked person or entity until the Executive Director can reach agreement on and execute a contract to provide the required services at a fair and reasonable price.

Notes

Cal. Code Regs. Tit. 14, § 11890

1. New section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).

Note: Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4528; and Government Code. Section 6106, Public Contracts Code.

1. New section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).