(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) The Director has determined that the selected firm is best qualified to perform the entire project at a fair and reasonable cost; and
- (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.
- (b) The procedures established in this chapter with regard to estimates and negotiation shall otherwise be applicable.
Note: Authority cited: Section 4526, Government Code; and Section 14306, Public Resources Code. Reference: Sections 4526 and 4528, Government Code.
History
1. New section filed 1-12-2023; operative 4-1-2023 (Register 2023, No. 2).