9-23-106. Contract procedure.
(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).