(a)After completing the selection process, the principal
representative shall negotiate a written contract with the
selected firm as determined by W.S. 9-23-105 for the provision
of services. The principal representative shall consider the
estimated value, scope, complexity and professional nature of
the services to be rendered when determining a reasonable
compensation.
(b)If the principal representative is unable to negotiate
a satisfactory contract with the selected firm at a price he
determines fair and reasonable, negotiations with that firm
shall be terminated. The principal representative shall then
begin negotiations with the firm ranked second in order of
preference pursuant to W.S. 9-23-105. If the principal
representative fails to negotiate a contract with the second
ranked fi
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(a) After completing the selection process, the principal
representative shall negotiate a written contract with the
selected firm as determined by W.S. 9-23-105 for the provision
of services. The principal representative shall consider the
estimated value, scope, complexity and professional nature of
the services to be rendered when determining a reasonable
compensation.
(b) If the principal representative is unable to negotiate
a satisfactory contract with the selected firm at a price he
determines fair and reasonable, negotiations with that firm
shall be terminated. The principal representative shall then
begin negotiations with the firm ranked second in order of
preference pursuant to W.S. 9-23-105. If the principal
representative fails to negotiate a contract with the second
ranked firm, he shall terminate negotiations. The principal
representative shall then begin negotiations with the firm
ranked third in order of preference.
(c) If the principal representative is unable to negotiate
a satisfactory contract with any of the selected firms, he
shall:
(i) Select additional firms in order of their
competence and qualifications and continue negotiations in
accordance with this section and W.S. 9-23-105, until a contract
is reached; or
(ii) Review the contract under negotiation to
determine the possible cause for failure to achieve a negotiated
contract.
(d) Each contract for professional services entered into
by the principal representative shall contain a prohibition
against gratuities, kickbacks and contingent fees. The person
providing professional services shall certify that he has not in
any way been involved in any gratuities, kickbacks or contingent
fees in connection with his selection or ultimate performance of
the contract.
(e) Each contract for professional services entered into
by the principal representative shall contain a prohibition
against payment based upon a percentage of the construction
cost.
(f) This act shall not prohibit continuing contracts
between any person providing professional services and any
agency.
(g) If selection of a resident firm is required under this
act, the contract for professional services entered into by an
agency, the University of Wyoming, each community college
district, the Wyoming business council or the Wyoming department
of transportation shall contain a certification by the resident
firm providing professional services that the firm will comply
with W.S. 9-23-102(a)(vi)(B). This subsection shall not be
construed to require a firm to comply with W.S. 9-23-
102(a)(vi)(B) if the proposed project is exempt from residence
firm selection by W.S. 9-23-105(g) or if selection of a resident
firm is waived in accordance with W.S. 9-23-105(h).