or more other responsible offerors, negotiations may be
conducted with the other responsible offeror or responsible
offerors in the order of their respective qualification ranking.
[The contract may be awarded to the responsible offeror then
ranked as best qualified if the amount of compensation is
determined to be fair and reasonable.]
(g) Contingent fee compensation.--If the offeror is to be
compensated on a contingent fee basis, fair and reasonable
compensation shall be determined through negotiation.
Compensation shall not exceed 20% of a portion of an award or
settlement . If compensation cannot be agreed upon with the best
qualified responsible offeror, then negotiations will be
formally terminated with the offeror. If proposals were
submitted by one or more other responsible offerors,
negotiations may be conducted with the other responsible offeror
or responsible offerors in the order of their respective
qualification ranking. By February 1 of each year, the head of
any purchasing agency that is party to contract in which the
method of compensation is on a contingent fee basis shall submit
a report to the chairman and minority chairman of the State
Government Committee of the Senate and the chairman and minority
chairman of the State Government Committee of the House of
Representatives. The report shall list for each contingent fee
contract the parties to the contract, the nature of the
contract, the date the contract was entered into, the date of
termination, if any, and the rate of compensation.
(h) Contracts.--If an agreement was reached during
negotiations, a contract may be entered into between the
purchasing agency and the offeror. All contracts procuring
services under this section shall be in writing and posted in
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