1. (a) the board determines it is necessary or desirable for a project to be performed in phases;
2. (b) the board determines that the firm is the most highly qualified to perform the entire project at a fair and reasonable price, excluding from consideration firms with whom negotiations have been terminated pursuant to Section 3875, subdivision (b); and
3. (c) The contract between the board and the firm provides that the board has an option to use the firm for other phases of the project and that the firm will accept a fair and reasonable price to be later negotiated in accordance with this chapter and reflected in a subsequent written instrument.

The board is not required to negotiate the total contract compensation provision when the contract is initially executed pursuant to Section 3875, subdivision (a)(4), if the following conditions are satisfied:

Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4526.5, 4528 and 4529.12, Government Code; and Section 6106, Public Contract Code.

History

1. New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 10-12-2000 as an emergency; operative 10-18-2000 (Register 2000, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-15-2001 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 2-14-2001 as an emergency, including amendment of Note; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-2001 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL 6-15-2001 filed 7-26-2001 (Register 2001, No. 30).