(a) Contracting in Phases. Should the Director determine that it is necessary or desirable to have a given project or set of services performed in phases, it will not be necessary to negotiate the total contract price or compensation provisions in the initial instance, provided that the Director shall have determined that the firm is best qualified to perform the whole project at a fair and reasonable cost, and the contract contains provisions that the State, at its option, may utilize the firm for other phases and that the firm will accept a fair and reasonable price for subsequent phases to be later negotiated and reflected in a subsequent written instrument. The procedure with regard to estimates and negotiation shall otherwise be applicable, i.e., in all other respects ‘Contracts in Phases' must comply with Chapter 10 and Chapter 10.1, Title 1, Division 5 of the Government Code.

(b) Retainer Agreements. The Department may identify the general need for A&E services to assist in its overall mission and may enter into contracts for such services through a retainer agreement. Retainer agreements will provide a process for the development and execution of task orders for defined A&E work. Rates for such work shall be specified in a rate schedule to be attached to the original contract provided that rates may be modified and categories of work added by mutual agreement of the parties. Retainer agreements must comply with Chapter 10 and Chapter 10.1, Title 1, Division 5 of the Government Code.