(a) The department, or other State entity pursuant to agreement with the department, shall solicit and retain experts pursuant to contracting procedures applicable to the department or to such other State entity. Any agreement between the department and an expert selected shall include, among other provisions, an affirmation by the firm to be served regarding its approval of the expert, the scope of the services and terms of the firm's participation.

(b) In circumstances where the department or other State entity does not retain the expert, industrial firms assisted may select and retain experts consistent with guidelines established by the commissioner governing competitive bidding requirements, sole source contracts, and justification for selection, as will best promote the public interest, taking into consideration the reliability of the expert, the expert's understanding of the scope of work, the nature of the services to be supplied, the conformity of the proposal with the solicitation, the experience and expertise of the principals, the costs, and the time required to perform.