ND
North Dakota Senate Bill SB2130

North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2130 Compare Versions

OldNewDifferences
1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
1+25.8101.01001
2+Title.02000
3+Adopted by the Industry and Business
4+Committee
5+Sixty-ninth
6+January 15, 2025
7+Legislative Assembly
8+of North Dakota
9+Introduced by
10+Industry and Business Committee
11+(At the request of the Adjutant General)
12+A BILL for an Act to create and enact a new section to chapter 37-10 of the North Dakota
13+Century Code, relating to prequalification, selection, and contracting of architect, engineer,
14+construction management, and land surveying services; and to declare an emergency.
15+BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
16+SECTION 1. A new section to chapter 37-10 of the North Dakota Century Code is created
17+and enacted as follows:
18+Prequalification, selection, and contracting for consultants - Solicitations.
19+1.The adjutant general or the adjutant general's designee may prequalify, select, and
20+contract for consultants in the areas of architecture, engineering, construction
21+management, land surveying, and related matters.
22+a.The prequalification of the consultant must be based on detailed information
23+provided to the adjutant general and evaluated using the criteria outlined in
24+subsection 5 of section 54 - 44.7 - 03.
25+b.If a consultant meets the prequalification criteria established by the adjutant
26+general, and the consultant agrees to the terms and fee limits established by the
27+adjutant general, the adjutant general or the adjutant general's designee may
28+contract with the consultant for the delivery of an indefinite quantity of services in
29+the area in which the consultant is prequalified. The contract:
30+(1)May not exceed a term of five years, including optional renewal periods; and
31+Page No. 1 25.8101.01001
332 SENATE BILL NO. 2130
4-(Industry and Business Committee)
5-(At the request of the Adjutant General)
6-AN ACT to create and enact a new section to chapter 37-10 of the North Dakota Century Code, relating
7-to prequalification, selection, and contracting of architect, engineer, construction management,
8-land surveying services; and to declare an emergency.
9-BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10-SECTION 1. A new section to chapter 37-10 of the North Dakota Century Code is created and
11-enacted as follows:
12-Prequalification, selection, and contracting for consultants - Solicitations.
13-1.The adjutant general or the adjutant general's designee may prequalify, select, and contract
14-for consultants in the areas of architecture, engineering, construction management, land
15-surveying, and related matters.
16-a.The prequalification of the consultant must be based on detailed information provided to
17-the adjutant general and evaluated using the criteria outlined in subsection 5 of section
18-54 - 44.7 - 03.
19-b.If a consultant meets the prequalification criteria established by the adjutant general, and
20-the consultant agrees to the terms and fee limits established by the adjutant general, the
21-adjutant general or the adjutant general's designee may contract with the consultant for
22-the delivery of an indefinite quantity of services in the area in which the consultant is
23-prequalified. The contract:
24-(1)May not exceed a term of five years, including optional renewal periods; and
33+PROPOSED AMENDMENTS TO
34+1
35+2
36+3
37+4
38+5
39+6
40+7
41+8
42+9
43+10
44+11
45+12
46+13
47+14
48+15
49+16
50+17
51+18
52+19 Sixty-ninth
53+Legislative Assembly
2554 (2)Must be selected and negotiated in accordance with subsection 7 of section
2655 54 - 44.7 - 03.
27-c.The selection of a contracted consultant under this section for the delivery of services for
28-a specific project must be determined according to the criteria listed in subdivisions a
29-through g of subsection 5 of section 54 - 44.7 - 03.
30-2.The adjutant general is not required to comply with subsection 3 of section 54 - 44.7 - 03 or
31-section 54 - 44.7 - 04 and may procure consultant services for:
32-a.A project for which the estimated state share of consultant costs is no more than two
33-hundred fifty thousand dollars through direct negotiation with a selected prequalified firm,
34-after considering:
56+c.The selection of a contracted consultant under this section for the delivery of
57+services for a specific project must be determined according to the criteria listed
58+in subdivisions a through g of subsection 5 of section 54 - 44.7 - 03.
59+2.The adjutant general is not required to comply with subsection 3 of section 54 - 44.7 - 03
60+or section 54 - 44.7 - 04 and may procure consultant services for:
61+a.A project for which the estimated state share of consultant costs is no more than
62+two hundred fifty thousand dollars through direct negotiation with a selected
63+prequalified firm, after considering:
3564 (1)The nature of the project;
3665 (2)The proximity of the consultant services to the project;
3766 (3)The capability of the consultant to produce the required services within a
3867 reasonable time;
3968 (4)The consultant's past performance; and
40-(5)The consultant's ability to meet project budget requirements. S. B. NO. 2130 - PAGE 2
41-b.A project for which the estimated state share of consultant costs is greater than two
42-hundred fifty thousand dollars but not more than five hundred thousand dollars after:
43-(1)Following the criteria listed in subdivisions a through g of subsection 5 of section
44-54 - 44.7 - 03;
45-(2)Providing notice of the specific project to all prequalified firms in the specific area of
46-need; and
47-(3)Allowing a minimum of seven calendar days to submit information the firm did not
48-provide in response to the prequalification solicitation and additional information
49-related to the firm's ability to:
69+(5)The consultant's ability to meet project budget requirements.
70+b.A project for which the estimated state share of consultant costs is greater than
71+two hundred fifty thousand dollars but not more than five hundred thousand
72+dollars after:
73+(1)Following the criteria listed in subdivisions a through g of subsection 5 of
74+section 54 - 44.7 - 03;
75+(2)Providing notice of the specific project to all prequalified firms in the specific
76+area of need; and
77+(3)Allowing a minimum of seven calendar days to submit information the firm
78+did not provide in response to the prequalification solicitation and additional
79+information related to the firm's ability to:
5080 (a)Perform the services required for the specific project;
51-(b)Produce the required results within the time required for the specific project;
52-or
81+(b)Produce the required results within the time required for the specific
82+project; or
5383 (c)Meet budget requirements of the specific project.
54-c.A project for which the estimated state share of consultant costs is greater than five
55-hundred thousand dollars, after:
84+Page No. 2 25.8101.01001
85+1
86+2
87+3
88+4
89+5
90+6
91+7
92+8
93+9
94+10
95+11
96+12
97+13
98+14
99+15
100+16
101+17
102+18
103+19
104+20
105+21
106+22
107+23
108+24
109+25
110+26
111+27
112+28
113+29
114+30 Sixty-ninth
115+Legislative Assembly
116+c.A project for which the estimated state share of consultant costs is greater than
117+five hundred thousand dollars, after:
56118 (1)Notifying all prequalified firms;
57-(2)Allowing the prequalified firms a minimum of twenty-one days to respond; and
119+(2)Allowing the prequalified firms a minimum of twenty-one days to respond;
120+and
58121 (3)Following the requirements provided in subsections 4 through 7 of section
59122 54 - 44.7 - 03.
60-3.As deemed appropriate by the adjutant general or the adjutant general's designee, if a project
61-for which the estimated state share of consultant costs is less than:
123+3.As deemed appropriate by the adjutant general or the adjutant general's designee, if a
124+project for which the estimated state share of consultant costs is less than:
62125 a.Two hundred fifty thousand dollars, the adjutant general or the adjutant general's
63126 designee may use any of the procurement processes under subsection 2.
64-b.Five hundred thousand dollars, the adjutant general or the adjutant general's designee
65-may use the procurement process under subdivision b or c of subsection 2.
66-4.Notwithstanding any other provision of law, if the adjutant general or the adjutant general's
67-designee solicits consultant services under this section, the adjutant general or the adjutant
68-general's designee may include more than one project in one solicitation. For purposes of a
69-multiple project solicitation, the requirements for the project with the highest dollar threshold
70-under subsection 2 apply to all projects in the multiple project solicitation.
71-SECTION 2. EMERGENCY. This Act is declared to be an emergency measure. S. B. NO. 2130 - PAGE 3
72-____________________________ ____________________________
73-President of the Senate Speaker of the House
74-____________________________ ____________________________
75-Secretary of the Senate Chief Clerk of the House
76-This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
77-Dakota and is known on the records of that body as Senate Bill No. 2130 and that two-thirds of the
78-members-elect of the Senate voted in favor of said law.
79-Vote: Yeas 47 Nays 0 Absent 0
80-____________________________ ____________________________
81-President of the Senate Secretary of the Senate
82-This certifies that two-thirds of the members-elect of the House of Representatives voted in favor of
83-said law.
84-Vote: Yeas 86 Nays 4 Absent 4
85-____________________________ ____________________________
86-Speaker of the House Chief Clerk of the House
87-Received by the Governor at ________M. on _____________________________________, 2025.
88-Approved at ________M. on __________________________________________________, 2025.
89-____________________________
90-Governor
91-Filed in this office this ___________day of _______________________________________, 2025,
92-at ________ o’clock ________M.
93-____________________________
94-Secretary of State
127+b.Five hundred thousand dollars, the adjutant general or the adjutant general's
128+designee may use the procurement process under subdivision b or c of
129+subsection 2.
130+4.Notwithstanding any other provision of law, if the adjutant general or the adjutant
131+general's designee solicits consultant services under this section, the adjutant general
132+or the adjutant general's designee may include more than one project in one
133+solicitation. For purposes of a multiple project solicitation, the requirements for the
134+project with the highest dollar threshold under subsection 2 apply to all projects in the
135+multiple project solicitation.
136+SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
137+Page No. 3 25.8101.01001
138+1
139+2
140+3
141+4
142+5
143+6
144+7
145+8
146+9
147+10
148+11
149+12
150+13
151+14
152+15
153+16
154+17
155+18
156+19
157+20
158+21