In sections 48-05-09 through 48-05-13, unless the context otherwise requires:

Terms Used In North Dakota Code 48-05-09

  • Contract: A legal written agreement that becomes binding when signed.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • 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

1.    “Energy conservation measure” means a training program or facility alteration intended to reduce energy consumption or operating costs, including the following:

a.    Insulation of the building or any structure associated with the building.

b.    Window or door modifications that reduce energy consumption. c.    Automatic energy control systems.

d.    Replacement or modification to increase the energy efficiency of the lighting, heating, air-conditioning, or ventilating system.

e.    Energy recovery or cogeneration systems.

2.    “Governmental unit” means any instrumentality of state government or any political subdivision of the state.

3.    “Guaranteed energy savings contract” means a contract for energy conservation measures which provides that energy cost savings are guaranteed to the extent necessary to make payments for the recommended energy conservation measures.

4.    “Qualified provider” means a person or business experienced in the design, implementation, and installation of energy conservation measures.

5.    “Request for proposals” means a procurement announcement through a public notice from a governmental unit, which will administer the program, detailing the work, service, or supplies needed for an energy conservation measure. The request for proposals must include:

a.    The name and address of the governmental unit.

b.    The name, address, title, and phone number of a contact person. c.    The response due date and time deadline.

d.    The scope of the project.

e.    The project completion deadline.

f.    The criteria for awarding a contract.

g.    The right to reject the request for proposals.

h.    Other stipulations and clarifications as required.