1. (a) If the Director determines it is necessary or desirable to have a project performed in phases, it will not be necessary to negotiate the total contract amount or compensation provisions in the initial instance, provided that:

   1. (1) The Director has determined that the selected firm is best qualified to perform the entire project at a fair and reasonable cost; and
   2. (2) The contract states that the Department may, at its option, use that firm to perform other phases of the project and that the firm will accept a fair and reasonable price for subsequent phases to be later negotiated and reflected in a subsequent written instrument.
2. (b) The procedures established in this chapter with regard to estimates and negotiation shall otherwise be applicable.

Note: Authority cited: Section 32336, Public Resources Code; and Section 4526, Government Code. Reference: Section 32344, Public Resources Code; and Sections 4526 and 4528, Government Code.

History

1. New section filed 7-10-2025; operative 7-10-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 28).