HARRY HUGHES, Governor

3389

determines to be fair, competitive, and reasonable, the agency
shall terminate any negotiation with that firm. The
transportation 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 agency
shall negotiate with the third most qualified firm.

(iii) If the transportation agency is unable to
negotiate a satisfactory contract with any of the selected firms,
the transportation 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.

(iv) 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.

(v) 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.

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

(i) [It] 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] THE public health and safety is
endangered after a natural disaster or act of God;

(iii) [An] AN emergency is declared by the
Governor; or

(iv) [A] A bona fide single source of supply or
a proprietary product or process is required.

(2) Each waiver and the reasons for it shall be:

(i) [Documented] DOCUMENTED and reported to the
Legislative Policy Committee within 30 days; and