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Last modified
8/15/2009 11:40:25 AM
Creation date
9/30/2006 8:11:40 PM
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Template:
Legislation
Bill Number
HB79-1432
Year
1979
Title
Concerning the Negotiation of Contracts to Provide Consultant Services to the State
Legislation - Doc Type
Other CWCB Related Bills - Passed
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<br />~ <br /> <br />the ~ontract price ~d neen iRCreased due to \naccurate, <br />incomplete, or noncurrent wage Tates and other factual unit <br />costs. All such contract adjustments ~hall be made .;thin one <br />year fallowing the end of the contract. <br /> <br />(~) If the principal ,representative is unable to negotiate <br />a satisfactory contract with the person considered to be the most <br />qualified at a price the principal representative determines to <br />be fair and reasonable, negotiations with that person shall be <br />formally terminated. The principal representative'snall then <br />undertake negotiations with the second most qualified person. If <br />the principal representative fails 10 pegotiate a ~ntract with <br />the second ~st qualified person, the principal ~presentative <br />shall formally terminate such negotiations. The principal <br />representative shall then ~rtake negotiations with the third <br />most qualified person. <br /> <br />(3) If the princi~al representati~e is unable to negotiate <br />a satisfactory contract wi th any pf the selected ?frsons, the <br />principal repre>entative shall either select addit~onal persons <br />in or~r of their ~OIll?€tence and qualification ana continue <br />negotiations in accordance with this >ection until _ ~ontract is <br />reached or review the contract ~nder negotiation to determine the <br />possible cause for failure 10 achieve a negotiated ~ontract. <br /> <br />(4) Each contract for ~rofessional services ente~ into by ~. <br />the principal representative shall contain a prohibiti~n ll.gainst <br />contingent fees as follo~: The architect, or regist~red land <br />surveyor, or professional engineer. or landscape architect, as I <br />applicable, warrants that .he has not employed or l'etained any <br />company or person, other than a bona fide ~~ployee working solely <br />for him, to solicit or ~cure this contract and that he has not <br />paid or ~d to pay .any per~n, cOlllpany, cOl"poration, <br />individual, or firm. other than a bona fide employee ~rking <br />solely for him, any fee, commission, percentage, gift, or other <br />consideration contingent upon or resulting from the award or the <br />saking of this contract. <br /> <br />(5) Upon any violation of this section, the principal <br />representative ,hall have the~ight to terminate the contract <br />. without liability and, &t its discretion, to deduct from the <br />contract price, or otherwise recover, t~e full amount of such <br />fee..C1)!I!tlIission; percentage, Ol" consideration. <br /> <br />. (6) Nothing in this part 14 shall be construed to prohibit~ 0 <br />continuing contracts between ~r>ons providing PfQfessional \ <br />services and state agencies. All selections, contracts, and-" <br />negotiations undertaken pursuant to this part 14 and all <br />processes and procedures in connection with such matters shall be <br />in conformity with this part 14. . <br /> <br />.. <br /> <br />~ <br /> <br />24-30-1405. Public notice. ~en professional services are <br />required to be contracted for,. public notice shall be given by <br /> <br />PAGE 4~HOUSE BILL HO. 1432 <br />
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