A BILL for an Act to amend and reenact subsection 1 of section 48-01.2-20, subdivision f of subsection 5 of section 48-01.2-20, subsection 6 of section 48-01.2-20, section 48-01.2-22, and subsection 5 of section 54-44.7-03 of the North Dakota Century Code, relating to the selection process for construction management at-risk planning and design phase services and the procurement of architect, engineer, construction management, and land surveying services.
HB1028 revises North Dakota procurement rules for public construction and professional design services. The bill changes the selection process for construction management at-risk projects by requiring a selection committee that includes an administrative representative, a registered architect, a registered engineer, and a licensed contractor. It also requires fees and expenses for the entire project to be disclosed on standardized forms approved by the Office of Management and Budget.
The bill further tightens how proposals are scored. For construction management at-risk planning and design phase services, the selection committee must use weighted criteria with no item weighted above 20 percent or below 5 percent, while fees and expenses must be weighted at no less than 20 percent. For architect, engineer, and land surveying services, the agency selection committee must evaluate firms using specified criteria including past performance, personnel, schedule and budget capability, North Dakota location, workload, similar experience, and prior work for the agency, and must rank the top three firms in writing with supporting data available to the public upon request.
HB1028 would amend multiple sections of the North Dakota Century Code governing public improvement procurement, especially the construction manager at-risk delivery method and the selection of architects, engineers, construction managers, and land surveyors. It would standardize fee disclosure, alter committee composition, impose more detailed scoring rules, and require public documentation of rankings. The bill also clarifies subcontractor bidding procedures for agency construction managers and construction managers at-risk, reinforcing public advertising and competitive bidding requirements.
The available record shows no committee transcript or recorded vote details, so there is no direct evidence of debate or floor sentiment. Based on the bill text, the measure appears to be aimed at increasing transparency, consistency, and competitiveness in public procurement, which suggests a policy-oriented rather than partisan proposal. However, because the bill ultimately failed, it did not secure enough support to advance.
The main points of potential contention are the mandatory weighting of fees and expenses, the limits on how selection criteria may be weighted, and the restriction on subjective bias in scoring. Those provisions could be viewed as improving fairness and transparency, but also as limiting discretion for selection committees and public owners. Another likely area of debate is the requirement that firms headquartered in North Dakota receive higher priority in professional services selection, which may be supported as a local preference but criticized as reducing competition. The bill also preserves only narrow grounds for governing body influence over subcontractor selection, which could be contentious for agencies wanting broader control over project delivery.