Enhanced Negotiations Process
After the Administrative Settlement Team reviews the owner’s counteroffer, if some but not all issues raised relating to valuation, legal issues, cost savings and project scheduling are considered to have merit, then the counteroffer will be returned to the negotiator with ineligible items marked and/or approval of a lesser amount with ineligible items removed from the counteroffer.
If the Administrative Settlement Team marked ineligible items in the counteroffer and returned it to the negotiator, the negotiator will discuss ineligible items in the counteroffer with the owner and ask for a revised counteroffer with ineligible items deleted. If the owner submits a revised counteroffer, it will be transmitted to the Administrative Settlement Team who may either approve or disapprove the revision. (In complex and/or unusual cases, the Administrative Settlement Team may refer the revised counteroffer to the Right of Way Project Delivery Manager for review).
If the Administrative Settlement Team approved a lesser amount with the ineligible items marked out, then the negotiator will relay the approved amount and see if it is accepted by the owner.
At the conclusion of this process the negotiator will prepare the
form as well as either the
or
which must be signed by the Right of Way Project Delivery Manager or its designee. If the
ROW-N-12 Administrative Settlement Disapproval Letter
is prepared and signed by the Administrative Settlement Team members, then the negotiator prepares the final offer letter for signature by the Right of Way Project Delivery Manager or its designee.