North Dakota Code 54-44.7-04 – Exception
1. All state agencies securing architect, engineer, construction management, or land surveying services for projects for which the fees are estimated not to exceed thirty-five thousand dollars may employ the architects, engineers, construction managers, and land surveyors by direct negotiation and selection, taking into account all of the following:
Terms Used In North Dakota Code 54-44.7-04
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. The nature of the project.
b. The proximity of the architect, engineer, construction management, or land surveying services to the project.
c. The capability of the architect, engineer, construction manager, or land surveyor to produce the required services within a reasonable time.
d. Past performance.
e. Ability to meet project budget requirements.
This procedure shall still follow state policy set forth above.
2. Fees paid pursuant to this section during the twelve-month period immediately preceding negotiation of the contract by any single state agency for professional services performed by any one architectural, engineering, or land surveying person or firm may not exceed seventy thousand dollars. All persons or firms seeking to render professional services pursuant to this section shall furnish the state agency with which the firm is negotiating a list of professional services, including the fees paid, performed for the state agency during the twelve months immediately preceding the contract being negotiated.