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10.1 Non- award. The City reserves the right in its sole and absolute discretion to reject any and all respondents, to cancel and/or withdraw this RFQ at any time. 10.2 Negotiations. The City may award a contract on the basis of initial offers received, without discussion, or may require respondents to give oral presentations based on their responses. The City reserves the right to enter into negotiations with the selected respondent, and if the City and the selected respondent cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the next selected respondent and this process may continue until a contract has been executed or all responses have been rejected. In the event the most responsive and responsible respondent does not make at least 75% of the point criteria, the City Manager is authorized, when time or economic considerations preclude re- solicitation of qualifiers, to negotiate an adjustment of the qualifying price as long as the scope of work is not changed with the lowest, most responsive and responsible respondent, in order to bring the qualification within the amount of available funds. Final negotiation shall be in written form, as approved by the City Manager and the City Attorney. No respondent shall have any rights in the subject project or property, or against the City arising from such negotiations. 10.3 One Response. If only one responsive, responsible, respondent for commodity or contractual service is received, in response to a Request for Qualifications, an award may be made to the single Respondent, if the Committee finds the price negotiated is fair and reasonable, and that other prospective respondent had reasonable opportunity to respond, or there is not adequate time for re- solicitation. The City Manager shall document the reasons that such action is in the best interest of the City. Otherwise, the qualification may be rejected and: 1. New respondent may be solicited; 2. The sole respondent may be rejected. 3. If the City Manager determines in writing that the need for the supply or service continues, but that the price negotiated of the one respondent is unreasonable and there is not time for re- solicitation or re- solicitation would likely be futile, the procurement may then be conducted under Section 6(D) or Section 6(F), of Ordinance 2001 -101, as appropriate. 10.4 Modifications. A respondent may submit a modified response to replace all or any portion of a previously submitted response up until the RFQ due date and time. Modifications received after the RFQ due date and time will not be considered. 10.5. Protest. Protest will be in accordance with Procurement Ordinance No 97 -10 as amended by Ordinance 2001 -101, 10.6. Assignment. Except for Paragraph 3.3 hereinabove, the successful respondent shall not enter into any sub - contract, retain consultants, or assign, transfer, Page 6 of 6 Architectural Services Design & Specifications 71171013:38 PM