1. (1) The procurement officer shall award a contract to the qualified design professional whose statement of qualifications was awarded the highest score under Subsection 63G-6a-1503(4) by the evaluation committee, at compensation that the procurement officer determines, in writing, to be fair and reasonable to the procurement unit.

2. (2) In making the determination described in Subsection (1), the procurement officer shall take into account:

   1. (a) the estimated value, scope, and professional nature of the services; and
   2. (b) the complexity of the project or services.

3. (3) If the procurement officer is unable to agree to a satisfactory contract with the highest scoring design professional, at a price the procurement officer determines to be fair and reasonable to the procurement unit, the procurement officer shall:

   1. (a) formally terminate discussions with that design professional; and
   2. (b) undertake discussions with the second highest scoring, qualified design professional.

4. (4) If the procurement officer is unable to agree to a satisfactory contract with the second highest scoring design professional, at a price the procurement officer determines to be fair and reasonable to the procurement unit, the procurement officer shall:

   1. (a) formally terminate discussions with that design professional; and
   2. (b) undertake discussions with the third highest scoring, qualified design professional.

5. (5) If the procurement officer is unable to award a contract at a fair and reasonable price to any of the highest scoring design professionals, the procurement officer shall:

   1. (a) select additional design professionals; and
   2. (b) continue discussions in accordance with this part until an agreement is reached.

Amended by Chapter 218, 2015 General Session