(a) Contract negotiations.
(1) A contract that is subject to §9.34 of this
subchapter (relating to Non-federal Process) or §9.35 of this
subchapter (relating to Federal Process) will be negotiated in accordance
with this subsection.
(2) The department will enter negotiations with a selected
prime provider to establish a satisfactory contract containing a fair
and reasonable price for the services.
(3) A selected prime provider shall submit to the department
the actual salary rates for the proposed team members and the non-salary
costs, generated internally, to be billed directly. The department
will reference this information in the negotiations.
(4) The department anticipates that a satisfactory
contract containing a fair and reasonable price for the services may
be negotiated within 30 days after the date that a selected prime
provider is notified of the selection. If an RFP specifies that more
than one contract will be awarded, the time for negotiating the contracts
is automatically extended by a period equal to the number of additional
contracts to be awarded under that RFP multiplied by five days. The
department may grant additional extensions as required. The RFP may
specify a shorter or longer time for the negotiations.
(5) If the department determines that a fair and reasonable
price cannot be negotiated, the department will terminate negotiations
with the selected prime provider and proceed under this paragraph.
(A) Single contract selection. The department will
begin negotiations with the next highest-ranked prime provider. This
process will continue as necessary through the three highest-ranked
prime providers. If a fair and reasonable price cannot be negotiated
with any of the three highest-ranked prime providers, the proposed
contract shall be canceled. If the proposed contract is canceled,
it may be re-advertised.
(B) Multiple contract selection. The department will
begin negotiations with the next highest-ranked prime provider not
selected for a contract. This process will continue as necessary through
the short-listed prime providers. If a fair and reasonable price cannot
be negotiated with any of the short-listed prime providers, the proposed
contract shall be canceled. If the proposed contract is canceled,
it may be re-advertised.
(b) Emergency contract negotiations.
(1) Contracts subject to §9.38 of this subchapter
(relating to Emergency Contract Process) will be negotiated in accordance
with this subsection.
(2) The department will enter negotiations with the
selected provider to establish a satisfactory contract containing
a fair and reasonable price for the services.
(3) If the department determines that a fair and reasonable
price cannot be negotiated, the department will terminate negotiations
with the provider and begin negotiations with the next highest-ranked
provider. This process will continue as necessary through the notified
firms.
(4) If a fair and reasonable price cannot be negotiated
with any of the notified firms, the department may take any measure
necessary to identify and solicit a firm that is able to perform the
services.
(c) Urgent and critical negotiations. The department
will negotiate with the selected firm to establish a fair and reasonable
price and the executive director will execute any agreement.
(d) Indefinite deliverable work authorization negotiations.
(1) Indefinite deliverable work authorizations will
be negotiated in accordance with this subsection.
(2) The department will enter negotiations with a selected
prime provider to establish a satisfactory work authorization containing
a fair and reasonable price for the services.
(3) If the department determines that a fair and reasonable
price cannot be negotiated, the department will terminate negotiations
with the prime provider and begin negotiations with another prime
provider with an indefinite deliverable contract.
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