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(1) The Contractor agrees to comply with qualifications-based .competitive <br />proposal procedures, which require: <br />(a) An offeror's qualifications be evaluated; <br />(b) Good faith effort to use minority-owned businesses; <br />(c) Price be excluded as an evaluation factor; <br />(d) Negotiations be conducted with only the most qualified offeror; <br />and <br />(e) Failing agreement on price, negotiations with the next most <br />qualified offeror be conducted until a contract award can be made to the most qualified offeror <br />whose price is fair and reasonable. <br />(2) Geographic location may be a selection criterion in procurements for <br />architectural and engineering (A&E) services provided its application leaves an appropriate <br />number of qualified firms, given the nature and size of the project, to compete for the contract. <br />(3) The Contractor acknowledges and agrees that qualifications-based <br />competitive proposal procedures can only be used for procurement of the following services: <br />(a) Program management; <br />(b) Construction management; <br />(c) Feasibility studies; and <br />(d) Preliminary engineering, design; architectural, engineering, <br />surveying, mapping, and related services. <br />(4) The Contractor also agrees to: <br />(a) Include applicable Federal requirements and certifications in the <br />solicitation; <br />(b) Submit procurement documents to the Department for its review <br />and approval prior to the award of any contract for A&E services for the Project; and <br />07-SC-056 Page 34 of 59 <br />Orange County <br />