AN ACT to create and enact a new section to chapter 37-10 of the North Dakota Century Code, relating to prequalification, selection, and contracting of architect, engineer, construction management, land surveying services; and to declare an emergency.
SB 2130 creates a new section of North Dakota law authorizing the Adjutant General, or a designee, to prequalify, select, and contract with consultants providing architecture, engineering, construction management, land surveying, and related services. The bill establishes a framework for indefinite-quantity consultant contracts, allows those contracts to run for up to five years including renewals, and ties the selection process to existing state criteria for consultant procurement.
The bill also creates tiered procurement procedures based on the estimated state share of consultant costs. For projects at or below $250,000, the Adjutant General may use direct negotiation with a prequalified firm after considering project-specific factors. For projects between $250,000 and $500,000, the office must notify all prequalified firms in the relevant area and allow at least seven days for additional submissions. For projects above $500,000, all prequalified firms must be notified and given at least 21 days to respond, with the more formal procurement requirements of existing law applied. The bill further allows multiple projects to be bundled into one solicitation, with the highest applicable threshold governing the process, and declares the act an emergency measure.
SB 2130 expands the Adjutant General’s procurement authority by creating a specialized consultant contracting process outside the standard requirements in sections 54-44.7-03 and 54-44.7-04 for certain architecture, engineering, construction management, and surveying services. It affects state procurement practices by allowing prequalification, direct negotiation for smaller projects, and streamlined solicitation procedures for mid- and higher-value projects, while still preserving competitive notice and response requirements at larger dollar thresholds. The bill primarily affects the Adjutant General’s office and firms seeking state consultant contracts in these professional service categories.
The bill appears to have been broadly supported. It passed the Senate unanimously, 47-0, and the House by a strong margin, 86-4, indicating general legislative agreement with the need for a more flexible procurement process for the Adjutant General. The emergency clause also suggests lawmakers viewed the measure as needing immediate effect.
There is little evidence of major controversy in the available record, and no committee transcript is provided. The limited opposition reflected in the House vote suggests some concern about reducing the usual procurement safeguards or concentrating contracting discretion in the Adjutant General’s office. Any contention likely centered on the balance between procurement efficiency and competition/transparency, especially for direct negotiation and the bill’s exemptions from standard consultant-selection statutes.