3816 VETOES
[(2) Neither the technical proposal nor the price
proposal may be the sole criterion in making a recommendation on
a competitive basis.]
(2) (I) THE GENERAL SELECTION BOARD SHALL MAKE ITS
RECOMMENDATION FOR THE PROCUREMENT AND AWARD OF ALL CONTRACTS ON
THE BASIS OF NEGOTIATION AND IN ACCORDANCE WITH RULES AND
REGULATIONS ADOPTED BY THE GENERAL SELECTION BOARD.
(II) THE GENERAL SELECTION BOARD SHALL
NEGOTIATE A CONTRACT WITH THE MOST QUALIFIED FIRM AT A RATE OF
COMPENSATION THAT THE GENERAL SELECTION BOARD DETERMINES IS FAIR,
COMPETITIVE, AND REASONABLE. IN MAKING THAT DETERMINATION, THE
GENERAL SELECTION BOARD SHALL:
1. CONSIDER THE SCOPE AND COMPLEXITY OF
THE PROFESSIONAL SERVICES REQUIRED; AND
2. CONDUCT A DETAILED ANALYSIS OF THE
COST OF THE SERVICES.
(III) IF THE GENERAL SELECTION BOARD IS UNABLE
TO NEGOTIATE A SATISFACTORY CONTRACT WITH THE FIRM CONSIDERED TO
BE THE MOST QUALIFIED AT A PRICE THE GENERAL SELECTION BOARD
DETERMINES TO BE FAIR, COMPETITIVE, AND REASONABLE, THE BOARD
SHALL TERMINATE ANY NEGOTIATION WITH THAT FIRM. THE GENERAL
SELECTION BOARD 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 GENERAL SELECTION BOARD
SHALL NEGOTIATE WITH THE THIRD MOST QUALIFIED FIRM.
(IV) IF THE GENERAL SELECTION BOARD IS UNABLE
TO NEGOTIATE A SATISFACTORY CONTRACT WITH ANY OF THE SELECTED
FIRMS, THE GENERAL SELECTION BOARD 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 GENERAL SELECTION BOARD MAY DELEGATE
THE NEGOTIATION PROCESS TO THE DEPARTMENT OF GENERAL SERVICES,
BUT ANY NEGOTIATING TEAM SHALL CONTAIN A REPRESENTATIVE OF THE
USING AUTHORITY.
(VI) THE GENERAL SELECTION BOARD SHALL:
1. REVIEW ALL CONTRACT DOCUMENTS AND
ANNOUNCE THEIR GENERAL CONTENT AT A PUBLIC MEETING OF THE GENERAL
SELECTION BOARD; AND
2. MAKE AVAILABLE FOR PUBLIC REVIEW ALL
DOCUMENTS RELATING TO AN AWARD, INCLUDING TECHNICAL RESUMES,
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