Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2130
(Industry and Business Committee)
(At the request of the Adjutant General)
AN ACT to create and enact a new section to chapter 37-10 of the North Dakota Century Code, relating
to prequalification, selection, and contracting of architect, engineer, construction management,
land surveying services; and to declare an emergency.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 37-10 of the North Dakota Century Code is created and
enacted as follows:
Prequalification, selection, and contracting for consultants - Solicitations.
1.The adjutant general or the adjutant general's designee may prequalify, select, and contract
for consultants in the areas of architecture, engineering, construction management, land
surveying, and related matters.
a.The prequalification of the consultant must be based on detailed information provided to
the adjutant general and evaluated using the criteria outlined in subsection 5 of section
54 - 44.7 - 03.
b.If a consultant meets the prequalification criteria established by the adjutant general, and
the consultant agrees to the terms and fee limits established by the adjutant general, the
adjutant general or the adjutant general's designee may contract with the consultant for
the delivery of an indefinite quantity of services in the area in which the consultant is
prequalified. The contract:
(1)May not exceed a term of five years, including optional renewal periods; and
(2)Must be selected and negotiated in accordance with subsection 7 of section
54 - 44.7 - 03.
c.The selection of a contracted consultant under this section for the delivery of services for
a specific project must be determined according to the criteria listed in subdivisions a
through g of subsection 5 of section 54 - 44.7 - 03.
2.The adjutant general is not required to comply with subsection 3 of section 54 - 44.7 - 03 or
section 54 - 44.7 - 04 and may procure consultant services for:
a.A project for which the estimated state share of consultant costs is no more than two
hundred fifty thousand dollars through direct negotiation with a selected prequalified firm,
after considering:
(1)The nature of the project;
(2)The proximity of the consultant services to the project;
(3)The capability of the consultant to produce the required services within a
reasonable time;
(4)The consultant's past performance; and
(5)The consultant's ability to meet project budget requirements. S. B. NO. 2130 - PAGE 2
b.A project for which the estimated state share of consultant costs is greater than two
hundred fifty thousand dollars but not more than five hundred thousand dollars after:
(1)Following the criteria listed in subdivisions a through g of subsection 5 of section
54 - 44.7 - 03;
(2)Providing notice of the specific project to all prequalified firms in the specific area of
need; and
(3)Allowing a minimum of seven calendar days to submit information the firm did not
provide in response to the prequalification solicitation and additional information
related to the firm's ability to:
(a)Perform the services required for the specific project;
(b)Produce the required results within the time required for the specific project;
or
(c)Meet budget requirements of the specific project.
c.A project for which the estimated state share of consultant costs is greater than five
hundred thousand dollars, after:
(1)Notifying all prequalified firms;
(2)Allowing the prequalified firms a minimum of twenty-one days to respond; and
(3)Following the requirements provided in subsections 4 through 7 of section
54 - 44.7 - 03.
3.As deemed appropriate by the adjutant general or the adjutant general's designee, if a project
for which the estimated state share of consultant costs is less than:
a.Two hundred fifty thousand dollars, the adjutant general or the adjutant general's
designee may use any of the procurement processes under subsection 2.
b.Five hundred thousand dollars, the adjutant general or the adjutant general's designee
may use the procurement process under subdivision b or c of subsection 2.
4.Notwithstanding any other provision of law, if the adjutant general or the adjutant general's
designee solicits consultant services under this section, the adjutant general or the adjutant
general's designee may include more than one project in one solicitation. For purposes of a
multiple project solicitation, the requirements for the project with the highest dollar threshold
under subsection 2 apply to all projects in the multiple project solicitation.
SECTION 2. EMERGENCY. This Act is declared to be an emergency measure. S. B. NO. 2130 - PAGE 3
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2130 and that two-thirds of the
members-elect of the Senate voted in favor of said law.
Vote: Yeas 47 Nays 0 Absent 0
____________________________ ____________________________
President of the Senate Secretary of the Senate
This certifies that two-thirds of the members-elect of the House of Representatives voted in favor of
said law.
Vote: Yeas 86 Nays 4 Absent 4
____________________________ ____________________________
Speaker of the House Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State