# Title 54 — State Government

## Chapter 54-44.7 — Architect, Engineer, and Land Surveying Services

### § 54-44.7-01. Definition.

"Architect, engineer, construction management, and land surveying services" are those
professional services associated with the practice of architecture, professional engineering,
professional land surveying, landscape architecture, interior design pertaining to construction,
and construction management, as defined by the laws of this state, as well as incidental
services that members of these professions and those in their employ may logically or justifiably
perform, including studies, investigations, surveys, evaluations, consultations, planning,
programming, conceptual designs, plans and specifications, cost estimates, inspections,
construction management, shop drawing reviews, sample recommendations, preparation of
operating and maintenance manuals, and other related services, except for professional
services related to prefabricated steel for bridge purposes.
### § 54-44.7-02. Applicability - Policy.

Architect, engineer, construction management, and land surveying services must be
procured as provided in this chapter. It is the policy of this state that all North Dakota state
agencies shall negotiate contracts for services on the basis of demonstrated competence and
qualification for the particular type of services required.
### § 54-44.7-03. Procurement procedures.

1. Each using agency shall establish its own architect, engineer, construction
management, and land surveying services selection committee hereinafter referred to
as the agency selection committee, which must be composed of those individuals
whom the agency head determines to be qualified to make an informed decision as to
the most competent and qualified firm for the proposed project. The head of the using
agency or that person's qualified, responsible designee shall sit as a member of the
agency selection committee for the purpose of coordinating and accounting for the
committee's work.
2. The agency selection committee is responsible for all of the following:
a. Developing a description of the proposed project.
b. Enumerating all required professional services for that project.
c. Preparing a formal invitation to firms for submission of information. The invitation
must include, but not be limited to, the project title, the general scope of work, a
description of all professional services required for that project, and the
submission deadline. The invitation or notice thereof must be published. Upon
written request, the agency shall also mail copies of the invitation to any
interested party. The manner in which this must be published, the content of the
publication, and the frequency of the publication, must be established by
regulation of the agency selection committee.
3. The date for submission of information from interested persons or firms in response to
an invitation must be not less than twenty-one days after publication of the invitation.
Interested architect, engineer, and land surveying persons or firms must be required to
respond to the invitation with the submission of the information required in general
services administration form SF 330, architect-engineer qualifications for specific
project, or similar information as the agency selection committee may prescribe by
rule.
4. Following receipt of information from all interested persons and firms, the agency
selection committee shall hold interviews with at least three persons or firms who have
responded to the committee's advertisement and who are deemed most qualified on
the basis of information available prior to the interviews. If less than three persons or
firms have responded to the advertisement, the committee shall readvertise or hold
interviews with those who did respond. The agency selection committee's
determination as to which will be interviewed must be in writing and must be based

upon its review and evaluation of all submitted materials. The written report of the
committee must specifically list the names of all persons and firms that responded to
the advertisement and enumerate the reasons of the committee for selecting those to
be interviewed. This written report must be available to the public upon written request.
The purpose of the interviews must be to provide such further information as may be
required by the agency selection committee to fully acquaint itself with the relative
qualifications of the several interested persons or firms.
5. The agency selection committee shall evaluate each of the persons or firms
interviewed on the basis of the following criteria:
a. Past performance.
b. The ability of professional personnel.
c. Willingness to meet time and budget requirements.
d. Location, with higher priority given to firms headquartered in North Dakota.
e. Recent, current, and projected workloads of the persons or firms.
f. Related experience on similar projects.
g. Recent and current work for the agency.
Based upon these evaluations, the agency selection committee shall select the three
which, in its judgment, are most qualified, ranking the three in priority order. The
agency selection committee's report ranking the interviewed persons or firms must be
in writing and must include data substantiating its determinations. This data must be
available to the public upon written request.
6. The agency selection committee shall submit its written report ranking the interviewed
persons or firms to the governing body of the using agency for its evaluation and
approval. When it is determined that the ranking report is final by the agency, written
notification of the selection and order of preference must be immediately sent to all of
those that responded to the agency selection committee's invitation to submit
information.
7. The governing body of the using agency or its designee shall negotiate a contract for
services with the most qualified person or firm, at a compensation which is fair and
reasonable to the state, after notice of selection and ranking. Should the governing
body of the using agency or its designee be unable to negotiate a satisfactory contract
with this person or firm, negotiations must be formally terminated. Negotiations must
commence in the same manner with the second and then the third most qualified until
a satisfactory contract has been negotiated. If no agreement is reached, three
additional persons or firms in order of their competence and qualifications must be
selected after consultation with the agency selection committee, and negotiations must
be continued in the same manner until agreement is reached.
### § 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:
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.
### § 54-44.7-05. Splitting projects or services contracts prohibited.

No using agency may separate service contracts or split or break projects for the purpose of
circumventing the provisions of this chapter.
