§ 48-01.2-19 — Agency construction management procurement procedures - Contract

North Dakota § 48-01.2-19

• Jurisdiction: North Dakota
• Title 48: Public Buildings
• Ch. 48-01.2: Public Improvement Bids and Contracts

Text

1. A governing body electing to utilize the agency construction management delivery
method shall establish a construction management services selection committee
composed of individuals the governing body determines to be qualified to make an
informed decision as to the most competent and qualified person for the proposed
public improvement.
2. The agency selection committee shall:
a. Develop a description of the proposed public improvement;
b. Enumerate each required agency construction management service for the
proposed public improvement; and
c. Prepare the formal invitation request for qualifications, which must include the
project title, the general scope of work, a description of each service required for
the public improvement, the final selection criteria, the address to which
responses to the request must be submitted, and the deadline for submission of
responses.
3. The governing body shall publish a notice of the request for qualifications in a
newspaper of general circulation in the county in which the public improvement is
located and in a construction trade publication, electronic service, builders exchange,
or other industry-recognized method in general circulation among the contractors,
building manufacturers, and dealers in this state and shall be published for three
consecutive weeks, with the first publication being at least twenty-one days before the
date of opening of the request for qualifications. Upon written request, the governing
body shall mail a copy of the invitation to any interested party.
4. After the submission deadline, the selection committee shall hold interviews with at
least three persons that have responded to the advertisement and which are deemed
most qualified on the basis of information available before the interviews. If less than
three persons have responded to the advertisement, the committee may readvertise or
hold interviews with any person that submitted a response. The selection committee's
determination as to which person will be interviewed must be in writing and must be
based upon the committee's review and evaluation of all materials submitted. The
written report of the committee must list the name of each person that responded to
the advertisement and enumerate any reason for selecting any person to be
interviewed. The written report must be available to the public upon written request.
The purpose of the interviews must be to provide any information required by the
selection committee to fully acquaint the committee members with the relative
qualifications of each person that responded to the advertisement.
5. The selection committee shall evaluate each person interviewed on the basis of the
following criteria:

a. The past performance of the person with respect to prior public improvements.
b. The qualifications of proposed personnel.
c. The willingness to meet time and budget requirements of the governing body.
d. The business location of the person.
e. The recent, current, and projected workloads of the person.
f. Any related experience performing agency construction management services on
projects of similar size and scope.
g. Any recent or current work by the person for the agency.
h. The ability of the person to provide the bond for the person's portion of the work
on the public improvement.
i. The possession by the person of a class A contractor's license.
6. Based upon the evaluation under subsection 5, the selection committee shall rank the
three persons which, in its judgment, are most qualified. If fewer than three persons
responded to the advertisement, the selection committee shall rank each person that
responded. The selection committee's report ranking the interviewed persons must be
in writing and must include data substantiating the committee's determinations. The
data must be available to the public upon written request.
7. The selection committee shall submit its written report ranking the interviewed persons
to the governing body for evaluation and approval by the governing body. The
governing body shall determine the final ranking of each person and provide written
notification of the order of preference to each person that responded to the request for
qualifications.
8. After providing the notice under subsection 7, the governing body shall negotiate a
contract for services with the most qualified person at a compensation which is fair and
reasonable to the governing body. If the governing body is unable to negotiate a
satisfactory contract with that person, the governing body shall terminate negotiations
with that person and commence negotiations in the same manner with the second and
then the third most qualified person until a satisfactory contract has been negotiated. If
no agreement is reached, three additional persons in order of the original ranking must
be selected after consultation with the selection committee, and negotiations must be
continued in the same manner until agreement is reached.
9. The governing body, at any time, may reject all proposals and readvertise or select
another allowed project delivery method.