Cal. Code Regs. tit. 23 § 3875

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 3875 - Contract Negotiation
(a) The board shall implement the following procedure to negotiate fees and execute a contract:
(1) notify the successful firm of its selection;
(2) provide the firm with written instructions for the ensuing negotiations;
(3) begin negotiations within 14 days of the firm's receipt of selection notification or upon receipt of the firm's cost proposal or, if additional time is necessary, notify the firm of a later negotiation date;
(4) if an agreement is successfully negotiated, the board and the firm shall proceed to execute a contract so that the board may complete the contract within 45 days of the date the contract is signed by the board and the firm. The board shall notify the firm if additional time is necessary to complete the contract.
(b) The board shall attempt to negotiate a satisfactory contract with the firm most highly qualified to perform the required services, as selected according to Section 3873, at a compensation that the board determines is fair and reasonable. If the board is unable to negotiate a satisfactory contract, the board shall terminate negotiations with that firm. The board shall then proceed in the same manner with the other firms selected according to Section 3873, in the selected order.
(c) If the board is unable to negotiate a satisfactory contract with a selected firm, the board may make additional selections from the qualified firms, as provided for in Section 3873, and continue the negotiation process or may terminate the negotiation process.
(d) If the board is unable to negotiate a satisfactory contract with a qualified firm, the board shall abandon the negotiation process for the required services.

Cal. Code Regs. Tit. 23, § 3875

1. New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-12-2000 as an emergency; operative 10-18-2000 (Register 2000, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-15-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 2-14-2001 as an emergency, including amendment of NOTE; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL 6-15-2001 filed 7-26-2001 (Register 2001, No. 30).

Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4526.5, 4528 and 4529.12, Government Code; and Section 6106, Public Contract Code.

1. New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-12-2000 as an emergency; operative 10-18-2000 (Register 2000, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-15-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 2-14-2001 as an emergency, including amendment of Note; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL 6-15-2001 filed 7-26-2001 (Register 2001, No. 30).