1.    The department shall contract with a qualified provider to design and implement a telecommunications relay service that fulfills the requirement of subsection 2 of section 54-44.8-03. The department shall award the contract for this service to the offeror whose proposal is the most advantageous to the state; considering price, the interests of the communications-impaired community in having access to a high quality and technologically advanced telecommunications system, and all other factors listed in the request for proposals.

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Terms Used In North Dakota Code 54-44.8-05

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • week: means seven consecutive days and the word "month" a calendar month. See North Dakota Code 1-01-33

2.    Except in cases of willful misconduct, gross negligence, or bad faith, neither the department nor the provider of the telecommunications relay service, nor the employees of the provider, are liable for any damages or claims for relief arising out of or resulting from the establishment of, participation in, or operation of the telecommunications relay service.

3.    The department shall require, under the terms of the contract, that:

a.    The service be available statewide for operation seven days a week, twenty-four hours per day, including holidays, for both interstate and intrastate calls.

b.    The service relay all messages promptly and accurately.

c.    The service maintain the privacy of persons using the system.

d.    The provider preserve the confidentiality of all telephone communications.

e.    The service conform to any standards established by applicable state or federal laws or rules.