Cal. Code Regs. tit. 14 § 789.3

Current through Register 2025 Notice Reg. No. 2, January 10, 2025
Section 789.3 - Selection of Services
(a) After expiration of the period stated in the publication, the Director shall evaluate statements of qualifications and performance data on file with the Department. Discussions shall be conducted with no less than three firms regarding the required service. From the firms with which discussions are held, the Director shall select, for contract negotiation, no less than three, in order of preference, based upon the established criteria, which are deemed to be the most highly qualified to provide the services required. Where three firms cannot be found which could provide the required service, the Director may then select from the available applicant firms. Selections based on less than three firms must be documented with the names and addresses of firms contacted by the Director and the reasons why the provisions of this section could not be met. This documentation shall be maintained in the Department's contract file.
(b) The Director shall attempt to negotiate a contract with the best qualified firm. If the Director is unable to negotiate a satisfactory contract with this firm at a fair and reasonable price, negotiations with that firm shall be terminated. The Director shall then undertake negotiations with the second most qualified firm. Failing accord, negotiations shall be terminated. The Director shall then undertake negotiations with the third most qualified firm. Failing accord, negotiations shall be termined. If the Director is unable to negotiate a satisfactory contract with any of the selected firms, the Director shall select additional firms in the manner prescribed and continue the negotiation procedure.

Cal. Code Regs. Tit. 14, § 789.3

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).

Note: Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Section 4528, Government Code.

1. New section filed 1-7-2000; operative 2-6-2000 (Register 2000, No. 1).