This text of North Dakota § 24-02-07.3 (Prequalification, selection, and contracting for consultants - Solicitations) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.The director may prequalify, select, and contract for consultants in the area of
engineering, land surveying, architecture, traffic safety, business administration, and
related matters. The prequalification of the consultant must be based on detailed
information regarding firm organization, qualifications of personnel, type of work the
firm is qualified to perform, previous work experience, and financial status and must be
provided to the director in a form approved by the director. If a consultant meets the
criteria set by the director, the director shall prequalify the consultant, noting any
limitations as to the type or amount of the work the consultant may perform. When a
consultant is prequalified, the consultant is entitled to receive requests for proposals,
proposals, and other s
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1. The director may prequalify, select, and contract for consultants in the area of
engineering, land surveying, architecture, traffic safety, business administration, and
related matters. The prequalification of the consultant must be based on detailed
information regarding firm organization, qualifications of personnel, type of work the
firm is qualified to perform, previous work experience, and financial status and must be
provided to the director in a form approved by the director. If a consultant meets the
criteria set by the director, the director shall prequalify the consultant, noting any
limitations as to the type or amount of the work the consultant may perform. When a
consultant is prequalified, the consultant is entitled to receive requests for proposals,
proposals, and other solicitations for work in the areas in which the consultant is
prequalified without any other screening or qualification process. The period of
prequalification may not exceed three years. The qualifications of the consultant for a
specific project must be determined according to the criteria in subsection 5 of section
54-44.7-03. The director shall publish a prequalification solicitation at least once each
year and need not comply with the provision in subdivision c of subsection 2 of section
54-44.7-03 requiring the publication of an invitation for a specific project. The selection
and contract negotiation must be performed according to subsections 6 and 7 of
section 54-44.7-03.
2. The director is not required to comply with subsection 3 of section 54-44.7-03 or
54-44.7-04 and may procure the services of consultants for:
a. Projects with consultant costs estimated to be not more than one hundred
thousand dollars through direct negotiation with a selected prequalified firm, after
considering the nature of the project; the proximity of the architect, engineer,
construction management, or land surveying services to the project; the capability
of the architect, engineer, construction manager, or land surveyor to produce the
required services within a reasonable time; past performance; and the ability to
meet project budget requirements. Fees paid pursuant to this subdivision during
the twelve months immediately preceding negotiation of the contract by the
department of transportation for professional services performed by any one
architectural, engineering, or land surveying individual or firm may not exceed two
hundred thousand dollars. A person seeking to render professional services
under this section shall furnish the department a list of professional services
previously provided to the department, including the fees paid during the twelve
months immediately preceding the contract being negotiated. If the department
determines that it is appropriate, the department may use the procurement
procedures in subdivision b or c in place of the procedures in this subdivision.
b. Projects with consultant costs estimated to be greater than one hundred
thousand dollars but not more than three hundred thousand dollars by notifying
all prequalified firms in the specific area of need, allowing a minimum of seven
calendar days to respond, and following the remaining process in subsections 4
through 7 of section 54-44.7-03. If the department determines that it is
appropriate, the department may use the procurement procedures in
subdivision c in place of the procedures in this subdivision.
c. Projects with consultant costs estimated to be greater than three hundred
thousand dollars by notifying all prequalified firms, allowing a minimum of
twenty-one calendar days to respond, and following the remaining process in
subsections 4 through 7 of section 54-44.7-03.
3. Notwithstanding any other provision of law, when soliciting the services of consultants
under this section, the director may include multiple projects in one solicitation. The
requirements for the project within the highest dollar threshold under subsection 2
apply to all of the projects in the multiple project solicitation.