3814

VETOES

(III) (II) IF THE TRANSPORTATION SELECTION
BOARD AGENCY IS UNABLE TO NEGOTIATE A SATISFACTORY CONTRACT WITH
THE FIRM CONSIDERED TO BE THE MOST QUALIFIED AT A PRICE THE
TRANSPORTATION SELECTION BOARD AGENCY DETERMINES TO BE FAIR,
COMPETITIVE, AND REASONABLE, THE BOARD AGENCY SHALL TERMINATE ANY
NEGOTIATION WITH THAT FIRM. THE TRANSPORTATION SELECTION BOARD
AGENCY THEN SHALL NEGOTIATE WITH THE SECOND MOST QUALIFIED FIRM
IN THE SAME MANNER. IF AGREEMENT CANNOT BE REACHED WITH THE
SECOND MOST QUALIFIED FIRM, THE TRANSPORTATION SELECTION BOARD
AGENCY SHALL NEGOTIATE WITH THE THIRD MOST QUALIFIED FIRM.

(IV) (III) IF THE TRANSPORTATION SELECTION
BOARD AGENCY IS UNABLE TO NEGOTIATE A SATISFACTORY CONTRACT WITH
ANY OF THE SELECTED FIRMS, THE TRANSPORTATION SELECTION BOARD
AGENCY SHALL:

1.  SELECT ADDITIONAL FIRMS IN ORDER OF
THEIR COMPETENCE AND QUALIFICATION; AND

2.  CONTINUE NEGOTIATIONS IN ACCORDANCE
WITH THIS SECTION UNTIL AN AGREEMENT IS REACHED.

(V) THE TRANSPORTATION SELECTION BOARD MAY

DELEGATE THE NEGOTIATION PROCESS TO THE DEPARTMENT OF

TRANSPORTATION, BUT ANY NEGOTIATING TEAM SHALL CONTAIN A

REPRESENTATIVE OF THE USING AUTHORITY.

(VI) THE TRANSPORTATION SELECTION BOARD SHALL:

1. REVIEW ALL CONTRACT DOCUMENTS AND

ANNOUNCE THEIR GENERAL CONTENT AT A PUBLIC MEETING OF THE
TRANSPORTATION SELECTION BOARD; AND

2. MAKE AVAILABLE FOR PUBLIC REVIEW ALL
DOCUMENTS RELATING TO AN AWARD, INCLUDING TECHNICAL RESUMES,
PROPOSALS, SCOPE OF SERVICES, PROGRAMS, THE DETAILED CONTRACT,
STAFF REPORTS, INTERNAL WORK SHEETS, AND ALL OTHER INFORMATION
RELEVANT TO THE NEGOTIATION AND AWARD.

(IV) THE TRANSPORTATION AGENCY SHALL MAKE
AVAILABLE TO THE PUBLIC THE DOCUMENTS RELATING TO THE TECHNICAL
EVALUATION AND THE SELECTION PROCESS.

(b) (1) The Transportation Selection Board may waive the
requirements of subsection (a) of this section if:

(i) It determines in writing that the
architectural and engineering services cannot be defined so
completely as to lend themselves to the procedures set forth in
subsection (a) of this section;

(ii) The public health and safety is endangered
after a natural disaster or act of God;