81-1715. Professional services; agency; negotiate contract; procedure; failure to contract; effect.

(1) The agency or the committee designated by the agency shall negotiate a contract with the most qualified firm for professional services at compensation which the agency determines is fair and reasonable. In making such determination, the agency or committee designated by the agency shall conduct a detailed analysis of the cost of the professional services required in addition to considering their scope and complexity. For all lump-sum or cost-plus-a-fixed-fee professional service contracts, the agency or committee designated by the agency shall require the firm receiving the award to execute a certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. Any professional service contract under which such a certificate is required shall contain a provision that the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency or committee designated by the agency determines the contract price had been increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of the contract.

(2) Should the agency or committee designated by the agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the agency or committee designated by the agency determines to be fair and reasonable, negotiations with that firm shall be formally terminated. The agency or committee designated by the agency shall then undertake negotiations with the second most qualified firm. Failing to reach an agreement with the second most qualified firm, the agency or committee designated by the agency shall terminate negotiations with such firm. The agency or committee designated by the agency shall then undertake negotiations with the third most qualified firm.

(3) Should the agency or committee designated by the agency be unable to negotiate a satisfactory contract with any of the selected firms, the agency or committee designated by the agency shall either select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached or review the agreement under negotiation to determine the possible cause for failure to achieve a negotiated agreement.

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