reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-11 - Risk Management › Chapter 4-11-02 - Risk Management Workers' Compensation Program › Section 4-11-02-01 - History and purpose

Current through Supplement No. 393, July, 2024
The fifty-seventh North Dakota legislative assembly directed
				  the risk management division of the office of management and budget to
				  administer a single workers' compensation account for the state. The purpose is
				  to reduce the cost of workplace injuries while enhancing the recovery of
				  injured employees.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 65-04-03.1
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-11 - Risk Management › Chapter 4-11-02 - Risk Management Workers' Compensation Program › Section 4-11-02-02 - Definitions

Current through Supplement No. 393, July, 2024
Terms used in this chapter are as defined in North Dakota
				  Century Code title 65, except that "employee" is limited to an employee who is
				  employed by the state at the time the employee sustains a compensable work
				  injury. Additionally:
1. "Employing authority" means the state entity that is the
				  employer at the time the alleged injury occurred to the employee.
2. "First aid" means any one-time treatment of minor bruises,
				  scratches, cuts, burns, splinters, and other incidents, which do not ordinarily
				  require medical care. Treatment is considered first aid even when provided by
				  registered professional personnel employed by the employing authority.
3. "Receiving authority" means a state entity other than the
				  employing authority that provides the transitional duty to an injured employee
				  who is temporarily unable to return to the preinjury position.
4. "State" means any agency, authority, board, body, branch,
				  bureau, commission, committee, council, department, division, industry,
				  institution, instrumentality, or office of the state.
5. "Transitional duty" means employment that includes only
				  short-term duties that can be taught to the employee quickly and which fall
				  within the employee's restrictions and physical limitations.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 65-04-03.1
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-11 - Risk Management › Chapter 4-11-02 - Risk Management Workers' Compensation Program › Section 4-11-02-03 - Reporting a work-related injury

Current through Supplement No. 393, July, 2024
1. The
				risk management workers' compensation program contact for the employing
				authority shall file a completed incident report which includes details of the
				employee's alleged injury, the cause, the contributing factors, and the action
				taken to prevent further occurrences. The contact shall fax the report to the
				office of management and budget risk management division within forty-eight
				hours of the occurrence or first report of the alleged injury unless the
				employing authority has an approved data management system to furnish monthly
				reports to the risk management division. All employing authorities must meet
				the forty-eight hour filing requirement for suspected time loss claims.
2. For injuries requiring
				treatment other than first aid, the employee or the employing authority, or
				both, shall complete a North Dakota workers' compensation claim for injury form
				(SFN 2828) and shall file both parts C1 and C2 of the SFN 2828 electronically
				with the bureau as soon as possible and no more than forty-eight hours after
				the employee seeks medical treatment from the preferred provider or the
				provider selected by the employee prior to the alleged injury.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 65-04-03.1
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-11 - Risk Management › Chapter 4-11-02 - Risk Management Workers' Compensation Program › Section 4-11-02-04 - Medical treatment

Current through Supplement No. 393, July, 2024
1. Immediately
				following an injury, the employing authority shall:
a. Assist the employee onsite; or
b. Arrange for the transport of the employee
				for treatment to the preferred provider or the provider selected by the
				employee prior to the alleged injury.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-11 - Risk Management › Chapter 4-11-02 - Risk Management Workers' Compensation Program › Section 4-11-02-05 - Transitional duty - Conditions for offer - Termination -Additional transitional duty

Current through Supplement No. 393, July, 2024
1. The state shall
				offer an employee with an alleged compensable injury transitional duty meeting
				the limitations or restrictions imposed on the employee's ability to work due
				to the alleged compensable injury. Priority must be given to offering
				transitional duty within the jurisdiction of the employing authority. If
				transitional duty is not available, the employing authority shall determine if
				transitional duty is available elsewhere with the state. Transitional duty is
				determined to be appropriate if:
a. The
				employee is unable to perform the duties of the employee's preinjury position;
b. The employee files, in a timely
				manner:
(1) A notice of the alleged
				compensable injury; and
(2) A
				claim for workers' compensation;
c. Appropriate transitional duty is
				available;
d. The employee's
				treating medical provider approves the transitional duty;
e. The transitional duty is not prohibited by
				the source that funds the employee's preinjury position; and
f. The employee would otherwise be employed
				by the employing authority if the employee had not incurred the alleged
				compensable injury.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-11 - Risk Management › Chapter 4-11-02 - Risk Management Workers' Compensation Program › Section 4-11-02-06 - Transitional duty - Compensation - Effect of duties assigned

Current through Supplement No. 393, July, 2024
1. An employee who accepts transitional duty
				is entitled to receive the preinjury wage and the benefits of the employee's
				preinjury position for the number of hours the employee works or is on paid
				leave during the transitional duty.
2. For the duration of the transitional duty,
				the duties assigned to the employee may not be used to reclassify the
				employee's regular position or to reallocate the class in which the employee is
				employed.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 65-04-03.1
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-11 - Risk Management › Chapter 4-11-02 - Risk Management Workers' Compensation Program › Section 4-11-02-07 - Failure by employing authority to participate in the transitional duty program

Current through Supplement No. 393, July, 2024
1. The risk
				management division of the office of management and budget may impose a
				surcharge of twenty-five dollars per day upon an employing authority for each
				calendar day the employing authority fails to provide transitional duty to an
				employee with an alleged compensable injury if:
a. The employee has been off work for at
				least five consecutive calendar days;
b. A position is available to meet the
				employee's limitations and restrictions; and
c. The employee has been cleared for
				transitional duty by the treating medical provider.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-11 - Risk Management › Chapter 4-11-02 - Risk Management Workers' Compensation Program › Section 4-11-02-08 - Transitional duty - Effect of Family and Medical Leave Act

Current through Supplement No. 393, July, 2024
An employee who is placed on family and medical leave by the
				  employing authority because of an alleged compensable injury may not be
				  required to accept transitional duty offered in lieu of continuing on family
				  and medical leave. If, however, an employee accepts transitional duty while on
				  family and medical leave, the employee retains the right to be returned to the
				  employee's preinjury position or an equivalent position upon expiration of the
				  employee's family and medical leave.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 65-04-03.1
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-11 - Risk Management › Chapter 4-11-02 - Risk Management Workers' Compensation Program › Section 4-11-02-09 - Permanency

Current through Supplement No. 393, July, 2024
An employee shall be deemed permanently unable to return to
				  the employee's preinjury position due to a disability arising from a
				  compensable injury on the date on which the employee's treating medical
				  provider has informed the bureau that the employee has permanent physical
				  restrictions as a result of the work injury and the employing authority has
				  notified the bureau that it cannot accommodate those restrictions.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 65-04-03.1
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-11 - Risk Management › Chapter 4-11-02 - Risk Management Workers' Compensation Program › Section 4-11-02-10 - Eligibility for reassignment

Current through Supplement No. 393, July, 2024
1. An
				employee is eligible for reassignment with the employing agency under this
				section if:
a. The employee was a regular
				employee;
b. The employee would
				otherwise have continued in the regular position;
c. The employee is unable to perform the
				essential functions of the regular position, even with reasonable
				accommodations, because the employee is permanently unable to return to the
				preinjury position pursuant to section
				4-11-02-09;
d. The bureau determines that the employee
				has a medical condition which results in the employee being unable to return to
				the preinjury position;
e. The
				bureau determines that the employee has permanent physical restrictions due to
				the compensable injury and that the employee may be eligible for vocational
				rehabilitation benefits;
f. The
				bureau determines that the employee's claim is not being contested; and
g. If an employee must be
				completely retrained into a different capacity from the employee's employment
				at the time of the compensable injury, the employee, upon completion of
				training, may compete as an internal candidate for a position through regular
				procedures.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-01 - General Rules › Section 4-12-01-01 - Authority

Current through Supplement No. 393, July, 2024
Rules set forth in this article are promulgated by the office
				  of management and budget, in accordance with North Dakota Century Code sections
				  44-08-01,
				  46-01-01,
				  46-01-02,
				  46-02-01,
				  54-44-04, and
				  54-44.4-04 and other laws as
				  contained in the North Dakota Century Code.
General Authority: NDCC
					 54-44-04,
					 54-44.4-04
Law Implemented: NDCC
					 44-08-01,
					 46-01-01,
					 46-01-02,
					 46-02-01,
					 54-44-04,
					 54-44.4-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-01 - General Rules › Section 4-12-01-03 - Determinations

Current through Supplement No. 393, July, 2024
1. In a determination made by a state
				employee or official, the state employee or official making the determination
				shall independently examine the material facts of the procurement and
				independently determine whether the procurement is eligible for the procurement
				method requested.
2. A state
				employee or official must not knowingly make a false statement in a
				determination required by law or these rules.
3. Determinations required by law or these
				rules must be in writing and retained in the procurement file.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-02,
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-06,
					 54-44.4-09,
					 54-44.4-10,
					 54-44.4-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-01 - General Rules › Section 4-12-01-04 - Applicability

Current through Supplement No. 393, July, 2024
1. These rules apply to all procurements of
				commodities and services, regardless of the funding source, by each state
				agency and institution in the executive branch of government, except this
				chapter does not apply to:
a. Those agencies
				or institutions governed by the state board of higher education, which are
				exempt under subsection 5 of North Dakota Century Code section
				15-10-17 and North Dakota Century
				Code section
				54-44.4-02;
b. Those commodities and services not subject
				to state procurement laws under North Dakota Century Code section
				54-44.4-02;
c. Those procurements costing less than a
				specified amount and those specific commodities or services as determined by
				the director's written directive, pursuant to North Dakota Century Code section
				54-44.4-02;
d. Contracts for services of legal counsel
				with attorneys who are not employed by the state, pursuant to North Dakota
				Century Code section
				54-12-08;
e. Contracts for public buildings and public
				improvement contract bids, pursuant to North Dakota Century Code title 48;
f. Contracts for architect,
				engineer, and land surveying services, pursuant to North Dakota Century Code
				chapter 54-44.7;
g. Contracts for
				concessions, pursuant to North Dakota Century Code chapter 48-09;
h. Grant programs, not including procurements
				using grant dollars; or
i.
				Professional memberships.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-01 - General Rules › Section 4-12-01-05 - Compliance with federal requirements and other funding sources

Current through Supplement No. 393, July, 2024
1. When a procurement involves the
				expenditure of federal assistance or contract funds, the office of management
				and budget or purchasing agency will comply with all federal laws and
				regulations that are mandatory and that are not presently reflected in these
				rules.
2. Nothing in these rules
				or the written directives of the office of management and budget prevents any
				state agency or institution from complying with the terms and conditions of
				federal funds, federal assistance, grants, gifts, bequests, or cooperative
				agreements.
General Authority: NDCC
					 54-44-04,
					 54-44.4-04
Law Implemented: NDCC
					 54-44-04,
					 54-44.4-01,
					 54-44.4-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-01 - General Rules › Section 4-12-01-06 - Procurement violations

Current through Supplement No. 393, July, 2024
Violations of state laws, rules, and office of management and
				  budget written directives relating to procurement will be reported to the
				  employing agency for appropriate disciplinary action. A violation of state
				  laws, rules, and office of management and budget written directives related to
				  procurement may constitute action outside the employee's scope of employment.
General Authority: NDCC
					 32-12.2-03,
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-01,
					 54-44.4-02,
					 54-44.4-02.1,
					 54-44.4-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-02 - Procurement Organization and Leadership › Section 4-12-02-01 - State procurement office

Current through Supplement No. 393, July, 2024
1. The state
				procurement office within the office of management and budget is responsible
				for carrying out the duties, powers, and responsibilities involved with the
				operation of a centralized purchasing service.
2. The state procurement office is headed by
				the state procurement manager who serves as the central procurement officer of
				the state and is responsible for the state procurement office as it exercises
				its duties and functions.
General Authority: NDCC
					 54-44-03,
					 54-44-04,
					 54-44.4-04
Law Implemented: NDCC
					 54-44-04,
					 54-44.4-02,
					 54-44.4-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-02 - Procurement Organization and Leadership › Section 4-12-02-02 - Duties and functions of the state procurement office

Current through Supplement No. 393, July, 2024
The state procurement manager or designee shall:
1. Adopt policies, procedures, guidelines,
				and standards consistent with the laws and rules governing the procurement of
				commodities and services.
2.
				Procure or supervise the procurement of all commodities and services needed by
				the state, except those exempted by state law or the director's written
				directive.
3. Manage the
				delegation of procurement authority.
4. Conduct periodic reviews of procurements
				made by state agencies and institutions with delegated authority to ensure
				compliance with state laws and rules and office of management and budget
				written directives related to procurement.
5. Make written determinations regarding
				procurement issues, including exemptions, emergency purchases, restriction of
				competition, use of federal contracts, cooperative purchasing agreements,
				vendor responsibility, suspension or debarment of vendors from the state
				bidders list, and appeals of protest decisions.
6. Collect statistical data from each state
				agency and institution concerning the procurement of commodities and services.
7. Establish procurement education
				and training programs for state employees.
8. Develop standard forms, terms and
				conditions for solicitations, purchase orders, amendments, and contract
				administration tasks in consultation with the attorney general.
9. Work with state agencies and institutions
				and vendors to establish effective and economical state contracts for the
				procurement of commodities and services of common use, which may be made
				mandatory for use by state agencies and institutions.
10. Coordinate with agencies and institutions
				governed by the state board of higher education to identify commodities or
				services of high common usage suitable for joint purchase.
11. Coordinate with political subdivisions to
				cooperatively purchase commodities or services when determined to be beneficial
				to the state and political subdivisions.
General Authority: NDCC
					 54-44-04,
					 54-44.4-04
Law Implemented: NDCC
					 44-08-01,
					 54-44-03,
					 54-44-04,
					 54-44.4-02,
					 54-44.4-02.1,
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-09,
					 54-44.4-10,
					 54-44.4-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-02 - Procurement Organization and Leadership › Section 4-12-02-03 - Procurement advisory council

Current through Supplement No. 393, July, 2024
A procurement advisory council, appointed by the director and
				  headed by the state procurement manager, shall meet at least twice per year for
				  the discussion of procurement practices and recommendations for improvement of
				  the state procurement process. The committee advises the state procurement
				  manager regarding statewide procurement policies, standards, and guidelines.
General Authority: NDCC
					 54-44-04,
					 54-44.4-04
Law Implemented: NDCC
					 54-44-04,
					 54-44.4-01,
					 54-44.4-02,
					 54-44.4-02.1,
					 54-44.4-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-03 - Delegation of Purchasing Authority › Section 4-12-03-01 - Delegation of purchasing authority

Current through Supplement No. 393, July, 2024
The director or director's designee may delegate purchasing
				  authority, in writing, to the head of a state agency or institution. The head
				  of the state agency or institution may delegate that person's authority to
				  specific individuals. The delegation will specify dollar limits for making
				  required determinations, approving limited and noncompetitive procurements,
				  conducting procurements, and amending contracts. The delegation may
				  specifically include or exclude certain commodities or services. The authority
				  remains in effect for the time specified in the written delegation unless
				  revoked in writing by the director, director's designee, or the head of the
				  state agency or institution.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-03,
					 54-44.4-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-03 - Delegation of Purchasing Authority › Section 4-12-03-02 - Request for additional delegation

Current through Supplement No. 393, July, 2024
The head of a state agency or institution may request a
				  special delegation of purchase authority for a specific requirement. The
				  request must be made in writing to the state procurement office and approval
				  obtained before the agency or institution issues a solicitation or awards a
				  contract.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-03,
					 54-44.4-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-03 - Delegation of Purchasing Authority › Section 4-12-03-03 - Decision to delegate

Current through Supplement No. 393, July, 2024
1. Factors to
				consider in making the decision to delegate include:
a. The procurement expertise or other
				specialized knowledge of the potential delegate;
b. The past experience of the potential
				delegate in exercising similar authority;
c. The degree of economy and efficiency to be
				achieved in meeting the state's requirements if authority is delegated;
d. The available resources of the
				office of management and budget to exercise the authority if it is not
				delegated; and
e. The consistency
				of delegation under similar circumstances.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-03 - Delegation of Purchasing Authority › Section 4-12-03-04 - Compliance with state procurement policies

Current through Supplement No. 393, July, 2024
1. Any person with delegated purchasing
				authority will exercise this authority in accordance with the terms of the
				delegation, the state laws, rules, and office of management and budget
				procurement written directives.
2.
				State agencies and institutions may adopt internal procurement policies and
				procedures that are consistent with state laws, these rules, and office of
				management and budget procurement written directives.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-03,
					 54-44.4-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-03 - Delegation of Purchasing Authority › Section 4-12-03-05 - Procurement officer training program

Current through Supplement No. 393, July, 2024
The state procurement office conducts a procurement training
				  and development program. The state procurement office may charge fees for
				  training on a cost-recovery basis.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-03,
					 54-44.4-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-04 - Ethics in Public Procurement › Section 4-12-04-01 - Requirement for good-faith actions

Current through Supplement No. 393, July, 2024
All parties involved in the solicitation, negotiation,
				  performance, and administration of contracts for the state shall act in good
				  faith.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-01,
					 54-44.4-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-04 - Ethics in Public Procurement › Section 4-12-04-02 - Emphasis on competition

Current through Supplement No. 393, July, 2024
Solicitations for bids or proposals will be issued in
				  sufficient time and in a form that will permit the highest practicable degree
				  of full and free competition.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 44-08-01,
					 54-44.4-01,
					 54-44.4-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-04 - Ethics in Public Procurement › Section 4-12-04-03 - Handling of information

Current through Supplement No. 393, July, 2024
1. No state
				employee or official will furnish information to a prospective bidder or
				offeror if, alone or together with other information, it might give the
				prospective bidder or offeror an unfair advantage.
2. Each state employee or official will
				handle confidential or proprietary information belonging to the state, a
				vendor, or a contractor with due care and compliance with state procurement
				laws and open records laws.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-01,
					 54-44.4-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-04 - Ethics in Public Procurement › Section 4-12-04-04 - Conflict of interest

Current through Supplement No. 393, July, 2024
1. Each state
				employee or official directly or indirectly involved in procurement activities
				for the state will exercise caution in professional and personal activities to
				prevent a conflict of interest, or the appearance of conflict, regarding any
				vendor or contractor.
2. An
				employee or official shall not participate directly or indirectly in a
				procurement when the employee or official knows that:
a. The employee or any member of the
				employee's immediate family, including a parent, spouse, child, sibling,
				grandparent, step-(parent, child, siblings), or in-laws (parent, child, and
				sibling), has a financial interest pertaining to the procurement;
b. A business or organization in which the
				employee, or any member of the employee's immediate family, has a financial
				interest pertaining to the procurement; or
c. Any other person, business, or
				organization with which the employee or any member of the employee's immediate
				family is negotiating or has an arrangement concerning prospective employment
				involved in the procurement.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-04 - Ethics in Public Procurement › Section 4-12-04-05 - Attempt to influence award

Current through Supplement No. 393, July, 2024
1. Any
				vendor or contractor is prohibited from giving or offering to give, and any
				employee and official of the office of management and budget or a purchasing
				agency involved in any aspect of the procurement process is prohibited from
				soliciting, accepting, or agreeing to accept money, loans, credits, or
				prejudicial discounts, subscriptions, offer of employment, gifts,
				entertainment, favors, or services that might influence, or appear to
				influence, procurement decisions.
2. Items of nominal value may be offered by a
				vendor or contractor as a gesture of good will or for public relations purposes
				and may be accepted.
3. A vendor,
				contractor, agent, consultant, subcontractor, employee, lobbyist, or any state
				employee or official may not attempt to influence a procurement decision.
4. A state employee or official
				involved in any aspect of the procurement process shall report to the state
				procurement manager any person or business entity that attempts to influence an
				award or makes or offers to make a gift prohibited by this section. All bids or
				proposals submitted by the person or business entity will be rejected and the
				person or business entity will be barred from further bidding for a period of
				time determined by the state procurement manager. The state procurement manager
				will notify the attorney general of any violation of this section for any
				action as the attorney general may deem appropriate.
General Authority: NDCC 12.1-12,
					 54-44.4-04
Law Implemented: NDCC 12.1-12-01, 12.1-12-03,
					 54-44.4-01,
					 54-44.4-04,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-04 - Ethics in Public Procurement › Section 4-12-04-06 - Collusion of bidders or offerors

Current through Supplement No. 393, July, 2024
A state employee or official involved in any aspect of the
				  procurement process must promptly report to the state procurement manager any
				  case of suspected collusion or suspicious bidding pattern indicating
				  anticompetitive trade practices between actual or prospective bidders or
				  offerors. The procurement action must be suspended. The state procurement
				  manager will notify the attorney general of any violation of this section for
				  any action as the attorney general may deem appropriate.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-01,
					 54-44.4-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-04 - Ethics in Public Procurement › Section 4-12-04-07 - Nondiscrimination in source selection

Current through Supplement No. 393, July, 2024
Source selection may not be based upon discrimination because
				  of race, religion, color, national origin, sex, age, marital status, pregnancy,
				  parenthood, disability, or political affiliation.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-01,
					 54-44.4-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-04 - Ethics in Public Procurement › Section 4-12-04-08 - Artificial fragmentation prohibited

Current through Supplement No. 393, July, 2024
Requirements may not be artificially divided to avoid
				  requirements for obtaining competition. Fragmentation of current requirements
				  for commodities and services must be based upon actual need by the purchasing
				  agency.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-01,
					 54-44.4-04,
					 54-44.4-11
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-05 - Bidders List › Section 4-12-05-01 - Bidders list

Current through Supplement No. 393, July, 2024
1. A vendor that
				wants to receive notice of solicitations for bids or proposals must apply to
				have its name placed on the bidders list for the type of commodities or
				services that the vendor sells.
2.
				Placement on the bidders list does not guarantee a vendor will receive notice
				of every solicitation over the amount established for small purchases.
3. If notice of a solicitation
				sent to an approved vendor is returned as undeliverable, that vendor may be
				removed from the state bidders list.
4. The office of management and budget shall
				develop policies for maintaining the bidders list to include periodically
				removing from the bidders list vendors that have not responded to solicitations
				for a particular commodity or service.
General Authority: NDCC
					 54-44.4-04,
					 54-44.4-09
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-09
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-05 - Bidders List › Section 4-12-05-02 - Suspension or debarment from bidders list

Current through Supplement No. 393, July, 2024
1. The state procurement manager may, after
				consultation with the attorney general, suspend or debar any vendor from a
				bidders list for cause. The suspension period must be less than six months; the
				debarment period must be less than three years.
2. The vendor will be given written notice
				that describes the term of the suspension or debarment, the vendor's right to
				make a written appeal within seven calendar days, and the reinstatement
				process.
3. After seven calendar
				days of notice to the vendor and reasonable opportunity for that person to be
				heard, the state procurement manager, after consultation with the attorney
				general, shall have authority to suspend or debar the vendor for cause.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-09
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-05 - Bidders List › Section 4-12-05-03 - Explanation by vendor

Current through Supplement No. 393, July, 2024
1. At any time
				after the vendor receives notice of suspension or debarment, the vendor may
				submit a written explanation of the circumstances that were the cause of the
				suspension or debarment order, or may show that the circumstances have been
				corrected.
2. On the basis of the
				explanation or showing, the state procurement manager will respond within seven
				working days and may modify or rescind the removal or suspension.
3. Any modification or rescission will not
				waive or otherwise affect any other remedies the state might have concerning
				the vendor.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-09
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-05 - Bidders List › Section 4-12-05-04 - Cause for suspension or debarment

Current through Supplement No. 393, July, 2024
Sufficient grounds for suspension or debarment include:
1. Failing to maintain active,
				good-standing status with the secretary of state;
2. Delivering items that do not comply with
				the specifications of the vendor's contract with the state;
3. Failing to make delivery within the time
				specified in the contract or purchase order;
4. Failing to keep an offer firm for the
				length of time specified by the vendor in the solicitation or the vendor's bid
				or proposal;
5. Failing to provide
				a performance bond when required by a solicitation;
6. Colluding with other vendors to restrain
				competitive bidding;
7. Engaging
				in unauthorized communications or seeking to obtain information about an open
				solicitation with any state employee or official other than the responsible
				procurement officer or designee;
8. Giving information in an application for
				inclusion on a bidders list that is later found to be false or materially
				misleading;
9. Substituting of an
				article, even if it is the same quality, without first securing the written
				consent of the purchasing agency;
10. Declaring bankruptcy or other evidence of
				insolvency of the vendor;
11. Any
				other facts causing substantial doubt as to whether the vendor will continue to
				be a responsible bidder or offeror that can be relied upon to fulfill its
				obligations under this article and under any contract awarded to the vendor;
12. Violating the laws of the
				state that would make it inadvisable for the state to deal with the vendor; or
13. Violating any other provisions
				of this article.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-09
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-06 - Specifications for Commodities and Services › Section 4-12-06-01 - Purpose of specifications

Current through Supplement No. 393, July, 2024
1. The
				purpose of a specification is to serve as a basis for obtaining a commodity or
				service suitable for the state's needs in a cost-effective manner.
2. Commodities and services will be specified
				at the proper level of utility and quality for the purpose intended in order to
				promote overall economy for the purpose intended.
3. All required functional, performance,
				physical, design, and other characteristics of a commodity or service and any
				other requirements such as certification, licensing, insurance, delivery,
				installation, inspection, testing, training, maintenance, and service support
				must be included in the specification.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-01,
					 54-44.4-04,
					 54-44.4-06
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-06 - Specifications for Commodities and Services › Section 4-12-06-02 - Restrictive specifications to be avoided

Current through Supplement No. 393, July, 2024
1. Specifications should encourage
				competition in meeting the state's needs and may not be restrictive.
				Restrictive specifications are contrary to the policy of the state and should
				be avoided.
2. Standard commercial
				commodities will be specified whenever possible.
3. A specification is restrictive when the
				specifications, requirements, restrictions, or conditions have the effect of
				limiting responses to only one brand, make, source of supply, or service
				provider and have no reasonable relation to the actual needs of the purchasing
				agency.
4. When only one brand,
				make, source of supply, or service provider can meet the specifications in a
				competitive solicitation, the procurement officer must make a determination
				regarding whether the specification was restrictive.
5. Award is subject to the approval
				requirements for limited and noncompetitive procurements in chapter 4-12-09.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 44-08-01,
					 54-44.4-01,
					 54-44.4-04,
					 54-44.4-06
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-06 - Specifications for Commodities and Services › Section 4-12-06-03 - Use of brand name in specifications

Current through Supplement No. 393, July, 2024
1. Specification may include brand name,
				make, or source of supply, but in those cases it will be clearly indicated that
				equivalent products may be acceptable.
2. If a commodity or service put forth as
				equivalent is rejected by an agency or institution as not being equivalent, the
				procurement officer must make a written determination and notify the bidder or
				offeror of the rejection.
3.
				Whenever an agency specifies products or services exclusive to a particular
				individual, company, manufacturer, or brand name to the exclusion of
				competitive products or services, the proprietary product or service will be
				procured competitively, unless it is available only from one source of supply
				or emergency circumstances exist. When competition is limited or restricted by
				the use of a brand name or proprietary specification, a written determination
				for a limited competitive or noncompetitive procurement must be made in
				accordance with North Dakota Century Code section
				44-08-01 and North Dakota
				Administrative Code chapter 4-12-09.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 44-08-01,
					 54-44.4-01,
					 54-44.4-04,
					 54-44.4-06
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-06 - Specifications for Commodities and Services › Section 4-12-06-04 - Qualified products list

Current through Supplement No. 393, July, 2024
1. If
				testing or examination of the commodities or services is desirable or necessary
				to best satisfy state requirements, a qualified products list may be developed
				with approval of the state procurement office.
2. When developing a qualified products list,
				a representative group of vendors must be solicited, in writing, to submit
				products for testing and examination to determine acceptability for inclusion
				on the qualified products list.
3.
				Inclusion on a qualified products list must be based on results of tests or
				examinations conducted in accordance with state requirements and the product
				specification.
4. The existence of
				prequalified products on a qualified products list does not constitute
				prequalification of any prospective vendor.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-01,
					 54-44.4-04,
					 54-44.4-06
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-06 - Specifications for Commodities and Services › Section 4-12-06-05 - Equipment leases and lease-purchases

Current through Supplement No. 393, July, 2024
1.
				Specifications for equipment leases and lease-purchases will include the total
				term of the lease, including all provisions for extensions or renewals of the
				lease agreement. If the purchasing agency will purchase insurance for the
				equipment being leased from the leasor, those requirements will be stated in
				the specifications.
2. The
				purchasing agency will prepare a written analysis documenting the decision to
				lease or lease-purchase, in accordance with North Dakota Century Code section
				54-27-21.1.
3. The state agency or institution will
				notify the office of the insurance commissioner, fire and tornado fund
				division, if the equipment being leased or lease-purchased will be insured
				under that fund.
4. The purchasing
				agency must comply with the requirements of North Dakota Century Code section
				54-27-21 related to fixed asset
				reporting when the equipment lease or lease-purchase is determined to be a
				fixed asset acquisition.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-27-21.1,
					 54-44.4-02,
					 54-44.4-06
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-06 - Specifications for Commodities and Services › Section 4-12-06-06 - Specifications prepared by non-state personnel

Current through Supplement No. 393, July, 2024
1. The requirements of these rules regarding
				the purpose and nonrestrictiveness of specifications applies to all
				specifications prepared by someone other than a state employee or official.
2. When a purchasing agency has
				specifications prepared by someone other than a state employee or official on
				behalf of the state, that person or business entity must be excluded from
				submitting bids or proposals.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-01,
					 54-44.4-04,
					 54-44.4-06
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-06 - Specifications for Commodities and Services › Section 4-12-06-07 - Request for information

Current through Supplement No. 393, July, 2024
A noncompetitive solicitation may be issued to obtain
				  information, data, comments, or reactions from possible vendors preceding the
				  issuance of solicitation for bids or proposals or a multistep bidding
				  procedure. Information obtained as a result of a request for information is
				  subject to the state open records law.
General Authority: NDCC
					 54-44.4-04,
					 54-44.4-06
Law Implemented: NDCC
					 54-44.4-01,
					 54-44.4-04,
					 54-44.4-06
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-06 - Specifications for Commodities and Services › Section 4-12-06-08 - Specification meeting

Current through Supplement No. 393, July, 2024
Prior to issuing a solicitation, the procurement officer may
				  hold a specification meeting to seek information necessary to prepare a
				  suitable specification and competitive solicitation. The procurement officer
				  will provide adequate notice to potential bidders or offerors. The meeting is
				  open to the public. Attendance at such meeting may not be made mandatory as a
				  condition for submitting a bid or proposal.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-01,
					 54-44.4-04,
					 54-44.4-06
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-07 - Managing Contractual Risk › Section 4-12-07-01 - Risk management analysis

Current through Supplement No. 393, July, 2024
In preparing a solicitation or contract, the procurement
				  officer will consider the potential risks involved in the contract for
				  procurement of commodities or services to determine reasonable measures that
				  can be taken to mitigate those risks, including the use of insurance, bonding,
				  or other types of security.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-01,
					 54-44.4-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-07 - Managing Contractual Risk › Section 4-12-07-02 - Insurance requirements

Current through Supplement No. 393, July, 2024
As a result of a risk management analysis, it may be
				  determined that the contractor will be required to acquire and maintain
				  insurance. The insurance requirements must be stated in the solicitation.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-01,
					 54-44.4-04