Public Improvement, Architect Engineering, and Concessions

Competition Requirements

  • Public Improvement
    • N.D.C.C. Chapter 48-01.2
      • $250,000 threshold for bidding; $250,000 threshold for procuring plans, drawings, specifications from an architect or engineer.
      • Must advertise by publishing 3 consecutive weeks at least 21 days before the bid opening.
      • Emergency exception N.D.C.C. § 48-01.2-04.
    • N.D.C.C. Chapter 48-02.1 Infrastructure Development by Private Operators
      • Commonly referred to as Public Private Partnership (PPP)
  • Architect, Engineer, Constructions Management, and Land Surveying Services
    • N.D.C.C. Chapter 54-44.7
      • Commonly called a “Request for Qualifications (RFQ) selection process.
      • Direct negotiation permitted for projects not to exceed $35,000.  Fees paid during a 12-month period by a single agency to any one firm may not exceed $70,000.
      • Projects over the thresholds must be noticed and evaluated pursuant to N.D.C.C. § 54-44.7-03.
      • Splitting projects to circumvent competition prohibited.
  • Concessions
    • N.D.C.C. Chapter 48-09
      • Exception for ND Fair Association or Board of County Park Commissioners.
      • Advertising in official newspaper required, if concession has estimated annual value of $25,000.
      • Advertise in the official newspaper for 3 consecutive weeks.