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  1. Individuals performing services under contracts entered into with the Office pursuant to Health and Safety Code, Section 129855 shall meet the following qualifications.
    1. Plan reviews shall be performed only by architects or engineers validly certified under Division 3 of the Business and Professions Code as follows:
      1. Selection criteria. The director shall establish selection criteria which will comprise the basis for the selection of eligible firms or local government entities to independently perform the required architectural and engineering services. The criteria will include such factors as:
        1. Professional experience in performing services of similar nature.
        2. Knowledge of applicable codes, regulations and technology associated with the services required.
        3. Quality and relevance of recently completed or ongoing work.
        4. Reliability, continuity and proximity of firm or local government entity to the Office.
        5. Demonstrated competence.
        6. Staffing capability.
        7. Education and experience of key personnel to be assigned.
        8. Current workload and ability to meet review deadlines according to schedule.
        9. Other technical factors the director deems relevant to the specific service to be performed.
        These factors shall be weighed by the director according to the nature of the proposed project or service, the complexity and special requirements of the specific services and the needs of the Office.
        Authority: Health and Safety Code Sections 129850, 129855 and 18949.3; Government Code Section 4526.
        Reference: Government Code Sections 4526 and 4527.
      2. Announcement.
        1. A statewide announcement of specific services sought from firms shall be published in the California State Contracts Register, in accordance with the Government Code (commencing with Section 14825), and whenever possible, in the publications of the respective professional societies. Failure of any professional society to publish the announcement shall not invalidate any contract. Services sought from the local government entities are exempt from advertising in the California State Contracts Register pursuant to standard State of California operating procedures.
        2. The announcement for each proposed project or service shall include, at a minimum, a brief description of the project or services required, location, duration, submittal requirements, contact person for the Office, and the final response date for receipt of statements from firms of their demonstrated competence and professional qualifications.
        3. The director shall identify potentially qualified minority, women and disabled veteran business enterprises and small businesses interested in contracting with the Office, and shall provide copies of announcements to those businesses that have indicated an interest in receiving the announcements. Failure of the director to send a copy of an announcement to any business shall not invalidate any contract.
        Authority: Health and Safety Code Sections 129850, 129855 and 18949.3; Government Code Section 4526.
        Reference: Government Code Sections 4526 and 4527.
      3. Selection of qualified firms.
        1. After the expiration of the final response date in the published announcement, the director shall review and evaluate the written responses to the announcement, using the selection criteria contained in Section 7-191(a)1A, and rank, in order of qualifications, the firms determined as eligible to perform the required services.
        2. The director shall conduct discussions with at least the three most eligible firms, or a lesser number if fewer than three eligible firms have responded, to further expand on those qualifications and experience required to perform the services sought. From the firms with which discussions are held, the director shall select, in order of qualification, not less than three firms, or lesser number if fewer than three eligible firms responded, deemed to be the most highly qualified to perform the required services.
        Authority: Health and Safety Code Sections 129850, 129855 and 18949.3; Government Code Section 4526.
        Reference: Government Code Sections 4526 and 4527.
      4. Selection of qualified local government entities.
        1. For specific services to be performed by local government entities, the director shall solicit, review and evaluate the qualifications of the local government entities using the selection criteria contained in Section 7-191(a)1A.
        2. The director shall select, in order of qualification, those local government entities deemed to be the most highly qualified to perform the required services.
        Authority: Health and Safety Code Sections 129850, 129855 and 18949.3; Government Code Section 4526.
        Reference: Government Code Sections 4526 and 4528.
      5. Estimate of value of services.
        1. Before entering into fee negotiations with any firm or local government entity selected pursuant to Section 7-191(a)1C(2) or D, the Office shall prepare an estimate of the value of the proposed services based on accepted billable rates for comparable services.
        2. At any time the director determines the Office's estimate to be unrealistic, the director shall require the estimate to be reevaluated and, if deemed necessary, modified. If the director modifies an estimate, negotiations will resume with the best qualified firm or local government entity.
        Authority: Health and Safety Code Sections 18929 and 129675—130070.
        Reference: Health and Safety Code Section 129855 and Government Code Section 4526.
      6. Fee Negotiation with firms.
        1. The director shall ask firms selected pursuant to Section 7-191(a)1C(2) to submit a fee schedule of hourly billable rates. The director shall then attempt to negotiate hourly billable rates determined to be fair and reasonable with the firms, beginning with the best qualified and continuing with the remaining firms, in order of qualifications.
          1. The firm negotiating with the director shall be given two opportunities to respond to the Office's request to meet the fair and reasonable estimate for hourly billable rates for the contract services;
          2. The firm must respond within 7 business days to each request by the Office for a new estimate which either meets or does not exceed by more than 10 percent the Office's fair and reasonable estimate for hourly billable rates; and
          3. If after the second attempt, the firm is nonresponsive or a satisfactory hourly billable rate cannot be negotiated, the director shall terminate negotiations with that firm.
        2. After successful negotiations, a retainer contract will be executed with the firm. There may be multiple contracts awarded and each shall specify a contract period and monetary limitation. Work shall commence only upon execution of an assignment. Assignments will be negotiated pursuant to Section 7-191(a)1G.
        3. For firms selected pursuant to Section 7-191(a)1C(2) to provide services for a specific project where the scope of work is extremely complex or unusual, fee negotiations will proceed in accordance with Section 7-191(a)1G.
        Authority: Health and Safety Code Sections 18929 and 129675—130070.
        Reference: Health and Safety Code Section 129855 and Government Code Sections 4526 and 4528.
      7. Services negotiations with firms.
        1. From among the firms selected in Section 7-191(a)1C(2), as most highly qualified to perform services required, the director shall attempt to negotiate a satisfactory assignment or contract with the best qualified firm at a compensation which the Office determines to be fair and reasonable.
          1. The firm negotiating with the director shall be given two opportunities to respond to the Office's request to meet the fair and reasonable estimate for assignment or contract services;
          2. The firm must respond within 7 business days to each request by the Office for a new estimate which either meets or does not exceed by 10 percent the Office's fair and reasonable estimate;
          3. If after the second attempt, the firm is nonresponsive or a satisfactory rate cannot be negotiated, the director shall terminate negotiations with that firm; and
          4. Negotiations with the next best-qualified firm shall commence.
        2. The director shall continue the negotiation process with the remaining qualified firms, if any, in order of qualifications, until a satisfactory assignment or contract is reached. If unable to negotiate a satisfactory assignment or contract with any of the qualified firms, the director shall abandon the negotiation process for the required services.
        Authority: Health and Safety Code Sections 18929 and 129675—130070.
        Reference: Health and Safety Code Section 129855 and Government Code Sections 4526 and 4528.
      8. Fee and services negotiation with local government entities.
        1. From among the local government entities selected in Section 7-191(a)1D(2), as most highly qualified to perform services required, the director shall attempt to negotiate a satisfactory contract with the best qualified local government entity at a compensation which the Office determines to be fair and reasonable.
        2. If the director is unable to negotiate a satisfactory contract with the best qualified local government entity at a compensation which is determined to be fair and reasonable, negotiations with that local government entity shall be terminated and negotiations undertaken with the second best qualified local government entity. If unable to negotiate a satisfactory contract with the second best qualified local government entity at a compensation which the Office determines is fair and reasonable, negotiations with that local government entity shall be terminated and negotiations undertaken with the third best qualified local government entity. If unable to negotiate a satisfactory contract with the third best qualified local government entity at a compensation which the Office determines is fair and reasonable, negotiations with that local government entity shall be terminated.
          The director shall continue the negotiation process with the remaining qualified local government entities, if any, in order of qualifications, until a satisfactory contract is reached. If unable to negotiate a satisfactory contract with any of the qualified local government entities, the director shall abandon the negotiation process for the required services.
        Authority: Health and Safety Code Sections 129850, 129855 and 18949.3; Government Code Section 4526.
        Reference: Government Code Sections 4526 and 4528.
      9. Amendments. When the director determines that a change in the assignment or contract is necessary during the performance of the services, the parties may, by mutual consent, in writing, agree to modifications, additions or deletions in the general terms, conditions and specifications for the services involved, with an appropriate adjustment in the firm's or local government entity's compensation, if necessary.
        Authority: Health and Safety Code Sections 129850, 129855 and 18949.3; Government Code Section 4526.
        Reference: Government Code Sections 4526 and 4528.
      10. Contracting in phases. When the director determines it is necessary or desirable for a project to be performed in separate phases, increments or stages due to a change in design or scope of work, the director may negotiate compensation for the initial phase, increment or stage of the services required; provided, however, the director first determines that the firm selected is best qualified to perform the entire project. The assignment shall include a provision that the Office may, at its option, utilize the firm to perform other phases, increments or stages of the services under terms which the Office determines to be fair and reasonable, to be later negotiated and included in a mutual written agreement. In the event that the Office exercises its option under the contract to utilize the firm to perform other phases, increments or stages of the project, the procedures of this article regarding estimates of value of services and negotiation shall be followed.
        Authority: Health and Safety Code Sections 18929 and 129675—130070.
        Reference: Health and Safety Code Section 129855 and Government Code Sections 4526 and 4528.
      11. Statewide participation goals. In the negotiation of a satisfactory contract as provided in Section 7-191(a)1F and G, qualified firm(s) must meet the statewide participation goals for minority, women and disabled veteran business enterprises or demonstrate that a good faith effort was made to meet them. The best qualified firm shall comply with the statewide participation goals or demonstrate a good faith effort as required by the regulations contained in Title 2, California Code of Regulations, Sections 1896.61-1896.67 and 1896.90—1896.96.
        Authority: Government Code Section 4526; Public Contract Code Section10115.3.
        Reference: Government Code Section 4528; Public Contract Code Sections 10115, 10115.1, 10115.2 and 10115.3.
      12. Emergency. When the director makes a finding that the public health, safety or welfare would be adversely affected in a significant way because insufficient time exists within which to implement the foregoing procedure to secure necessary services, the director may negotiate a contract for such services without the necessity of following such procedure, or any part thereof.
        Authority: Health and Safety Code Sections 129850, 129855 and 18949.3; Government Code Section 4526.
        Reference: Government Code Section 4526.
      13. Unlawful considerations. Each contract shall include a provision by which the firm or local government entity warrants that the contract was not obtained or secured through rebates, kickbacks or other unlawful considerations either promised or paid to any Office employee. Failure to adhere to this warranty may be cause for contract termination and recovery of damages under the rights and remedies due the Office under the default provision of the contract.
        Authority: Government Code Section 4526.
        Reference: Government Code Section 4526.
      14. Prohibited relationships. No Office employee who participates in the evaluation or selection process leading to award of a contract shall have a relationship with any of the firms or local government entity seeking that contract, if that relationship is subject to the prohibition of Government Code Section 87100.
        Authority: Government Code Section 4526.
        Reference: Government Code Sections 4526, 87100 and 87102.
  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-191. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.
  2. (OSHPD/EF 1/92) Emergency order by the Office of Statewide Health Planning and Development to amend Sections 7-111 and 7-191, Part 1, Title 24, California Code of Regulations. Filed as an emergency order with the secretary of state September 1, 1992; effective September 1, 1992. Approved as an emergency by the California Building Standards Commission on August 27, 1992.
  3. (OSHPD/EF 1/92, permanent) Emergency order by the Office of Statewide Health Planning and Development to amend Sections 7-111 and 7-191, Part 1, Title 24, California Code of Regulations. Filed as a permanent order with the secretary of state on March 9, 1993; effective March 9, 1993. Approved as a permanent order by the California Building Standards Commission on March 5, 1993.

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