Code of Massachusetts Regulations
225 CMR - DEPARTMENT OF ENERGY RESOURCES
Title 225 CMR 19.00 - ENERGY MANAGEMENT SERVICES (EMS) CONTRACTS REQUESTS FOR QUALIFICATIONS PROCESS
Section 19.05 - Contract Negotiation and Award
Current through Register 1531, September 27, 2024
(1) Contract Negotiation. The Local Governmental Body shall negotiate a contract with the most qualified person at compensation which it determines is fair, competitive, and reasonable. If the Local Governmental Body is unable to negotiate a satisfactory contract with the person considered to be the most qualified at a price the Local Governmental Body determines to be fair, competitive and reasonable, negotiations with that person shall be formally terminated. The Local Governmental Body shall then undertake negotiations with the second most qualified person. Failing accord with the second most qualified person, the Local Governmental Body shall terminate those negotiations and then undertake negotiations with the third most qualified person. Should the Local Governmental Body be unable to negotiate a satisfactory contract with any of the selected persons, it may select additional qualified providers who responded to the RFQ, in the order of their competence and qualification, and continue negotiations in accordance with 225 CMR 19.05(1) until either an agreement is reached or the Local Governmental Body cancels the RFQ.
(2) Contract Award.