reglab/statecodes huggingface dataset:
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 4-12-07-03 - Bid security

Current through Supplement No. 393, July, 2024
1. As a result of a
				risk management analysis prior to the solicitation being issued, security may
				be required to protect the interests of the state and ensure that a vendor will
				not withdraw a bid or proposal prior to contract award. In this circumstance, a
				bid bond, certified check, or cashier's check drawn on the Bank of North Dakota
				or a federally insured bank, or other form of bid security acceptable to the
				purchasing agency, may be required to accompany the bid or proposal.
2. When a bid bond is required, the bid or
				proposal must specify the form and amount of the bond, up to five percent of
				the full amount of the bid or proposal, unless it is in the best interest of
				the state to specify another amount.
3. The bidder or offeror must sign any bid
				bond as principal, and the bond must be signed by a surety company licensed by
				the insurance commissioner to do business in the state. If the surety on a bond
				has its authority to do business in this state revoked or if for any reason it
				ceases to do business in the state, the bidder or offeror must promptly obtain
				another surety on the bond. The bond must be noncancelable, regardless as to
				whether the bonding company remains licensed in the state, and must remain in
				effect until a replacement bond is filed.
4. The bond must be conditioned on full
				performance of all obligations imposed on the bidder or offeror, including the
				obligation to keep the price firm for the period specified in the solicitation
				and the obligation to file a performance bond when required. The bond must
				provide that upon failure to perform any obligations the state will recover
				from the bidder and the surety, or either, any damages suffered because of
				failure to perform.
5. The
				purchasing agency may allow a vendor to file a continuing bond good for all
				bids or proposals made during a certain period of time up to a stated amount.
6. Bid bonds or other form of bid
				security submitted by unsuccessful bidders or offerors will be returned as soon
				as possible after the award is made. The purchasing agency may retain the bid
				bonds of those unsuccessful bidders or offerors determined to be reasonably
				susceptible for award for use in the event of default by the successful bidder
				or offeror. The bid bond or other form of security submitted by the successful
				bidder or offeror will be returned as soon as possible after the contract is
				awarded or as soon as the successful bidder or offeror has filed a performance
				bond if one is required.
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 4-12-07-04 - Performance bonds

Current through Supplement No. 393, July, 2024
1. As a result of a
				risk management analysis prior to the solicitation being issued, the successful
				bidder or offeror may be required to file a performance bond, certified check,
				or cashier's check drawn on the Bank of North Dakota or a federally insured
				bank, or other form of surety deposit acceptable to the purchasing agency.
2. The state may require that the
				bond, certified check, or cashier's check be filed within a specified number of
				days after the award is made or the contract may be canceled and the vendor
				will be liable for any damages caused by failure to file the bond, certified
				check, or cashier's check.
3. When
				a performance bond is required, the solicitation must specify the form and
				amount of the bond. The amount of the performance bond must be adequate to
				cover the risk assumed by the state, depending on the nature and circumstances
				of the contract, up to one hundred percent of the contract amount.
4. The successful bidder or offeror must sign
				any bid bond as principal, and the bond must be signed by a surety company
				licensed by the insurance commissioner to do business in the state. If the
				surety on a bond has its authority to do business in this state revoked or if
				for any reason it ceases to do business in the state, the bidder or offeror
				must promptly obtain another surety on the bond. The bond must be
				noncancelable, regardless as to whether the bonding company remains licensed in
				the state, and must remain in effect until a replacement bond is filed.
5. The bond must be conditioned on
				full performance of all obligations imposed on the vendor by the contract with
				the state. The bond must provide that if the vendor fails to perform any
				obligations, the state may recover from the vendor and the surety, or either of
				them, any damages suffered because of failure to perform.
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 4-12-07-05 - Payment bonds

Current through Supplement No. 393, July, 2024
1. A payment bond
				may be required by the purchasing agency for the protection of all persons
				supplying labor and material to the contractor or its subcontractors for the
				performance of work provided for in the contract.
2. When a payment bond is required, the bid
				or proposal must specify the form and amount of the bond, up to one hundred
				percent of the contract amount.
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 4-12-08 - Competitive Solicitation Methods › Section 4-12-08-01 - Competitive solicitation methods

Current through Supplement No. 393, July, 2024
1.
				Commodities and services will be procured through a competitive solicitation
				method unless competitive solicitation is not required by state law or
				circumstances exist under which competition can be limited or waived in
				accordance with North Dakota Century Code section
				54-44.4-05 and these rules.
2. The state procurement office
				will establish policies, procedures, guidelines, and standards for the purchase
				of commodities and services, based upon dollar value thresholds established by
				the director pursuant to North Dakota Century Code sections
				54-44.4-02 and
				54-44.4-11.
3. Depending upon the value and complexity of
				commodities or services to be purchased, the state procurement office and each
				purchasing agency, in accordance with guidelines issued by the state
				procurement office, may issue solicitations by one of the following methods:
a. Small purchase procedures, including an
				informal competitive process;
b.
				Competitive sealed bids;
c.
				Competitive sealed proposals; or
d. Multistep competitive process.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-08 - Competitive Solicitation Methods › Section 4-12-08-02 - Small purchases

Current through Supplement No. 393, July, 2024
1. Extremely
				low-value purchases, including purchases made using a purchasing card, will be
				made using adequate procedures to ensure commodities and services are obtained
				at a fair and reasonable price, which may include the solicitation of only one
				bid or proposal. The procurement officer will rotate vendors solicited on an
				equitable basis.
2. For small
				purchases between the threshold for extremely low-value purchases and formal
				sealed competition, informal competition should be obtained and no less than
				three vendors should be solicited, insofar as practical, to submit oral or
				written bids or proposals.
3.
				Vendors that are not approved under North Dakota Century Code section
				54-44.4-09 may be solicited.
4. All responses will be recorded
				and placed in the procurement file.
5. After application of North Dakota Century
				Code section
				44-08-01, an award shall be made
				to the responsible vendor offering the lowest responsive bid or most
				advantageous proposal.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-02,
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-09,
					 54-44.4-11
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-08 - Competitive Solicitation Methods › Section 4-12-08-03 - Competitive sealed bidding

Current through Supplement No. 393, July, 2024
1.
				Invitation for bids will be issued and will include a purchase specification or
				statement of work and all contractual terms and conditions applicable to the
				procurement.
2. Notice of the
				solicitation will be made in accordance with section
				4-12-08-06.
3. At the specified date and time, a public
				bid opening will be held and each bid received will be opened and read.
4. A listing of the bidders' names
				and their responses must be prepared, including any responses declining to
				submit a bid and those bids received late. The record of bidders' names, all
				the bids, and tabulation sheets form part of the procurement file.
5. The procurement file becomes public upon
				the bid opening.
6. No discussions
				or negotiations with bidders are permitted after the opening of bids. Award is
				to be made to the responsible vendor with the lowest responsive bid, based
				strictly on the criteria set forth in the invitation for bids.
7. The procurement officer may reject all
				bids or negotiate for a lower price with the successful bidder as provided in
				North Dakota Century Code section
				54-44.4-05.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-02,
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-09
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-08 - Competitive Solicitation Methods › Section 4-12-08-04 - Competitive sealed proposals

Current through Supplement No. 393, July, 2024
1. The
				following types of commodities and services, for which the use of competitive
				sealed bidding is either not practicable or advantageous to the state, may be
				procured by competitive sealed proposals without a written determination by the
				procurement officer:
a. Services;
b. Information technology as defined in North
				Dakota Century Code section
				54-59-01; and
c. Equipment.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-08 - Competitive Solicitation Methods › Section 4-12-08-05 - Multistep solicitations

Current through Supplement No. 393, July, 2024
1.
				Solicitations for commodities or services may be a multistep process, in which
				an initial solicitation for unpriced technical bids or proposals may be used to
				develop a shortlist of qualified vendors and a subsequent solicitation may be
				limited only to those vendors that qualified for the shortlist.
2. The multistep sealed solicitation method
				may be used when it is not practical to prepare initially a definitive purchase
				description that will be suitable to permit an award.
3. During the first phase of a multistep
				sealed solicitation while evaluating unpriced technical bids or proposals, the
				procurement officer may have discussions with vendors or hold a conference of
				all potential bidders or offerors.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-02,
					 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 4-12-08 - Competitive Solicitation Methods › Section 4-12-08-06 - Notice of competitive sealed solicitations

Current through Supplement No. 393, July, 2024
1. When making purchases over the amount
				established for small purchases, state agencies and institutions will send
				notice of the solicitation to vendors on the bidders list of approved vendors
				for the commodity or service being purchased, unless a written determination is
				made to limit competition.
2.
				Notice of the solicitation may be made by mail, facsimile, or electronic means.
				The notice must include the purchasing agency, a brief description of the
				commodity or service being procured, instructions for obtaining the
				solicitation, and the deadline for receipt of bids or proposals.
3. The purchasing agency may also elect to
				use a means of public notice, electronic posting, or send notice to vendors
				that are not on the bidders list.
4. A record of the notice will be made,
				including a list of the vendors who were sent notice and any vendors that
				requested the solicitation or notice provided by other means.
5. Notice shall be given in sufficient time
				for potential bidders or offerors to prepare bids or proposals.
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 4-12-08 - Competitive Solicitation Methods › Section 4-12-08-07 - Approved vendor registration requirements

Current through Supplement No. 393, July, 2024
All solicitations over the amount established for small
				  purchases must state the requirements for registration as an approved vendor
				  under North Dakota Century Code section
				  54-44.4-09. The procurement
				  officer may:
1. Require all bidders
				or offerors to be registered as approved vendors by the deadline established
				for receipt of bids and proposals;
2. Make a determination to accept bids or
				proposals from vendors that are not approved and require the successful bidder
				or offeror to become registered before contract award; and
3. Make a determination that registration
				with the secretary of state and appointment of an agent for service of process
				in this state are not required and waive the registration requirement.
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 4-12-08 - Competitive Solicitation Methods › Section 4-12-08-08 - Questions and clarification

Current through Supplement No. 393, July, 2024
1. Any
				questions or requests for clarification during the solicitation period shall be
				submitted only to the procurement officer identified on the solicitation
				document.
2. The procurement
				officer may establish a deadline for submission of questions or requests for
				clarification in the solicitation.
3. When the response to the question or
				request for clarification contains information that is material to the
				solicitation process that cannot be answered by directing the potential bidder
				or offeror to a specific section within the solicitation document, the
				procurement officer will prepare a written response that must be distributed to
				all potential bidders or offerors.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-01,
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-08 - Competitive Solicitation Methods › Section 4-12-08-09 - Solicitation amendment - Extension of solicitation opening time - Cancellation of solicitations

Current through Supplement No. 393, July, 2024
1. Before
				the opening of bids or proposals, a solicitation may be amended, or time for
				opening may be extended, upon the procurement officer's determination that the
				extension or amendment is in the state's best interest. All potential bidders
				or offerors known to have copies of the solicitation shall be notified of the
				amendment or extension.
2. Bidders
				or offerors may be required to acknowledge receipt of the solicitation
				amendment in writing.
3. Before
				the opening of bids or proposals, a solicitation may be canceled in whole or in
				part if the procurement officer determines that cancellation is in the best
				interest of the state. All potential bidders or offerors known to have copies
				of the solicitation shall be notified of the cancellation. Bids or proposals
				may be returned upon request. Reasons for cancellation include:
a. The state no longer requires the
				commodities or services;
b.
				Proposed amendments to the solicitation would be of such magnitude that a new
				solicitation is desirable; or
c.
				Sufficient funds are not available to pay for the procurement.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-08 - Competitive Solicitation Methods › Section 4-12-08-10 - Presolicitation, prebid, or preproposal conferences and site inspections

Current through Supplement No. 393, July, 2024
1. A presolicitation conference may be held
				prior to issuing a competitive sealed solicitation to obtain comments and
				suggestions about the draft solicitation. The purchasing agency may invite
				specific selected potential bidders or offerors or provide public notice of the
				presolicitation conference. Attendance at such conference may not be made
				mandatory as a condition for submitting a bid or proposal.
2. A prebid or preproposal conference or site
				inspection may be scheduled in a solicitation to be conducted prior to the
				submission of sealed bids, sealed proposals, or unpriced technical offers in
				response to a multistep process. Adequate notice of the conference must be
				given to all potential bidders or offerors.
a. The prebid or preproposal conference or
				site inspection may be made mandatory as a prerequisite for submitting a bid or
				proposal if the information provided at the conference is necessary to
				adequately prepare a bid or proposal and cannot be otherwise provided to
				prospective bidders or offerors.
b. If attendance is made mandatory in the
				solicitation, only those bidders or offerors in attendance are eligible to
				submit bids or proposals.
c. After
				the prebid or preproposal conference or site inspection, questions raised and
				answers along with any changes made to the solicitation must be disseminated to
				potential bidders or offerors through a solicitation amendment. If attendance
				at the conference or site inspection was made mandatory, notice of the
				amendment may be limited to eligible bidders or offerors.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-08 - Competitive Solicitation Methods › Section 4-12-08-11 - Samples

Current through Supplement No. 393, July, 2024
1. The purchasing agency may require in the
				solicitation that bidders or offerors submit representative samples of the
				commodity being offered, at no cost to the state, to ensure compliance with the
				specifications. Such samples may be subject to examination and testing by the
				purchasing agency.
2. Samples of
				the successful bidder or offeror may be retained for comparison to commodities
				delivered under contract.
3. Upon
				request of the bidder or offeror, samples not destroyed by examination or
				testing will be returned at the expense of the bidder or offeror. If the bidder
				or offeror does not request return of the sample, the sample will become
				property of the state.
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 4-12-08 - Competitive Solicitation Methods › Section 4-12-08-12 - Receiving sealed bids or proposals

Current through Supplement No. 393, July, 2024
1.
				All sealed bids and sealed proposals received at the place designated in the
				solicitation will be secured and held unopened until the date and time
				specified in the solicitation for opening of bids or proposals.
2. As bids and proposals are received, the
				outer envelope will be annotated with the date and time of receipt.
3. If the person delivering a sealed bid or
				proposal requests a receipt, the purchasing agency will provide a written
				receipt confirming the identification of the bid or proposal and the time of
				receipt.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-08 - Competitive Solicitation Methods › Section 4-12-08-13 - Late bids or proposals

Current through Supplement No. 393, July, 2024
1. Sealed
				bids and proposals that are delivered late will not be accepted for
				consideration, unless the delay is due to the error of the purchasing agency
				and discovered before selection of the successful bidder or offeror.
2. The vendor will be promptly sent written
				notice of rejection.
3. The
				procurement officer may retain the late bid or proposal in the procurement
				file, return the late bid or proposal, or notify the vendor to make
				arrangements for pickup of the late bid or proposal by a specified date.
4. If the late bid or proposal was
				returned, a record of the return must be made and placed in the procurement
				file.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-09 - Limited Competition, Noncompetitive, and Emergency Procurements › Section 4-12-09-01 - Competition may be waived or limited

Current through Supplement No. 393, July, 2024
1. A purchasing agency may request to limit
				or waive competitive solicitation requirements pursuant to subsection 2 of
				North Dakota Century Code section
				54-44.4-05.
2. Competition may not be limited or waived
				to satisfy preferences or for the convenience of the purchasing
				agency.
3. Circumstances under
				which competition may be waived or limited without a written determination,
				include:
a. Contracts for legal services,
				subject to the requirements of North Dakota Century Code section
				54-12-08;
b. Contracts for professional witnesses to
				provide for professional services or testimony related to existing or probable
				lawsuits in which the state may become a party;
c. Contracts for temporary administrative law
				judges pursuant to North Dakota Century Code section
				54-57-02;
d. Contracts for medical
				specialists;
e. Purchases of
				copyrighted printed and electronic works, including books, subscriptions, and
				prerecorded audio and video materials, when only available from the publisher
				or producer;
f. Purchases of
				materials required for manufacturing and production by a purchasing agency
				engaged in manufacturing and production operations;
g. When immediate expenditures are necessary
				to ensure the integrity of state records;
h. Purchases of livestock, fish, insects, and
				other animals;
i. Commodities for
				resale at state-operated concessions;
j. Purchases of items with cultural,
				historical, or archaeological significance for museums or archival
				purposes;
k. Purchases of works of
				art;
I. Contracts for residential,
				treatment, and vocational rehabilitation services to ensure continuity of
				client care and purchases of vocational rehabilitation commodities for
				clients;
m. Contracts for
				performers, entertainers, and guest speakers, excluding contracts for
				education, instruction, or training; and
n. Medications, pharmaceuticals, metabolic
				foods, food supplements, food replacements, vitamins, therapeutics, and medical
				devices as prescribed by health care professionals for patients of a state
				facility or clients of a state program.
o. Conducting a limited competitive process
				for the purchase of heating fuels, ready-mix concrete, sand, gravel, road oil,
				and bituminious using the level of competition practicable from vendors within
				a reasonable, specific geographic area.
p. Contracts for insurance placed through a
				broker hired through a competitive or limited competitive process where the
				broker is hired to evaluate insurance pricing and coverage information from
				insurance carriers and make recommendations for placement of
				insurance.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-09 - Limited Competition, Noncompetitive, and Emergency Procurements › Section 4-12-09-02 - Limited competitive procurements

Current through Supplement No. 393, July, 2024
1. Competition may be limited pursuant to
				North Dakota Century Code section
				54-44.4-05 under circumstances in
				which the deviation from the procurement procedures to limit competition is
				determined to be appropriate, including:
a.
				When products or services exclusive to particular individuals or business
				entities are required and competition for the proprietary product or service
				exists;
b. When circumstances
				require that commodities or services be provided by bidders or offerors within
				a specific geographic area; or
c When it is determined that a competitive sealed bid or
				  competitive sealed process is impracticable or not in the best interest of the
				  state.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-09 - Limited Competition, Noncompetitive, and Emergency Procurements › Section 4-12-09-03 - Noncompetitive procurements

Current through Supplement No. 393, July, 2024
1. Competition may be waived pursuant to
				North Dakota Century Code section
				54-44.4-05 under circumstances in
				which the requirements are a sole source or can only be met by a specific
				commodity or service exclusive to a particular individual or business entity to
				the exclusion of competing vendors, commodities, or services.
2. A noncompetitive procurement is not
				justified on the basis of any of the following circumstances:
a. The lack of adequate advance planning for
				the procurement of the required commodities or services;
b. Delays in the procurement caused by
				administrative delays, lack of sufficient procurement personnel, or improper
				handling of procurement requests or competitive procedures; or
c. Pending expiration of budget
				authority.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-09 - Limited Competition, Noncompetitive, and Emergency Procurements › Section 4-12-09-04 - Emergency procurements

Current through Supplement No. 393, July, 2024
1. Procurements may be made under emergency
				conditions in a circumstance when there is insufficient time for usual
				competitive procurement methods and which involve public health, public safety,
				or when immediate expenditures are necessary pursuant to North Dakota Century
				Code section
				54-44.4-02. If the circumstance
				does not meet the provisions of North Dakota Century Code section
				54-44.4-02, a determination to
				limit or waive competition must be made.
2. An emergency procurement need not be made
				through competitive sealed bidding or competitive sealed proposals but must be
				made with competition that is practicable under the circumstances.
3. The purchasing agency shall limit the
				quantity of commodities or services being purchased to that necessary to meet
				the emergency circumstance.
4. The
				purchasing agency shall prepare a written determination for the use of
				emergency procurement procedures, including an explanation as to why emergency
				conditions exist, a description of the required commodities or services, and
				evidence necessary for the independent examination and determination of the
				material facts of the procurement.
5. The responsible agency official shall
				promptly forward the emergency determination to the state procurement office
				after the procurement.
6. The
				procurement officer shall conduct negotiations, as appropriate, regarding
				price, delivery, and terms. Such negotiations must be conducted in accordance
				with chapter 4-12-12.
7. The
				procurement officer responsible for the emergency procurement shall prepare and
				retain in the procurement file a record of the emergency procurement that
				includes the emergency determination, description of the commodities or
				services procured, and basis for the selection of the vendor.
General Authority:
NDCC
					 54-44.4-02,
					 54-44.4-04
Law Implemented:
NDCC
					 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 4-12-09 - Limited Competition, Noncompetitive, and Emergency Procurements › Section 4-12-09-05 - Notice of intent to make a limited competitive or noncompetitive purchase

Current through Supplement No. 393, July, 2024
1. A
				purchasing agency may issue a notice of intent to make a limited competitive or
				noncompetitive purchase to determine if other sources are available and if such
				an award is appropriate.
2. When
				considering a request by a purchasing agency to make a limited competitive or
				noncompetitive purchase, the office of management and budget may require the
				purchasing agency to issue a notice to determine if such an award is
				appropriate.
3. The notice must
				include the name of the purchasing agency and the procurement officer, a
				description of the needed commodity or service, a description of the intended
				procurement method, and a statement that vendors are permitted to submit bids
				or proposals for equivalent commodities or services.
4. The notice of intent to limit or waive
				competition must be placed on the office of management and budget procurement
				information website, must be issued to approved vendors on the bidders list for
				the commodity or service being purchased, and may be sent to other known
				potential bidders.
5. The
				purchasing agency shall allow a minimum of seven calendar days after issuance
				of the notice for interested parties to submit a response to the
				notice.
6. If no response to the
				notice is received, the purchasing agency shall submit the notice and results
				as justification for the limited competitive or noncompetitive
				purchase.
7. If an interested party
				responds to the notice, the purchasing agency shall evaluate the response.
a. If the offered product or service is not
				responsive to the requirements, the procurement officer shall send written
				notice, including the reason for rejection.
b. If the offered product or service is
				responsive to the requirements, the purchasing agency may determine it is in
				the best interest of the state to award a contract and shall submit the notice
				and results as justification for the limited competitive or noncompetitive
				purchase; or
c. The purchasing
				agency may cancel the notice and proceed with a competitive procurement
				process.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-09 - Limited Competition, Noncompetitive, and Emergency Procurements › Section 4-12-09-06 - Work activity center contract awards

Current through Supplement No. 393, July, 2024
1. Pursuant to North Dakota Century Code
				chapter 25-16.2, the office of management and budget or a state agency may make
				a direct purchase of commodities and services from a work activity
				center.
2. The office of management
				and budget may establish term contracts for the acquisition of commodities or
				services from work activity centers. Such term contracts may be cooperative
				purchasing contracts pursuant to North Dakota Century Code section
				54-44.4-13.
3. Prior to awarding a direct purchase from a
				work activity center, the office of management and budget or a state agency
				shall prepare a written determination that:
a.
				The work activity center is licensed by the department of human services,
				located in North Dakota, and operated by a nonprofit corporation in accordance
				with North Dakota Century Code section
				25-16.2-01;
b. The commodities or services are
				acceptable; and
c. The commodities
				or services are offered at a fair market price.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-10 - Mistakes in Bids or Proposals › Section 4-12-10-01 - Minor informalities

Current through Supplement No. 393, July, 2024
1. Minor
				informalities are insignificant omissions or nonjudgmental mistakes that are
				matters of form rather than substance, evident from the bid or proposal
				document, with a negligible effect on price, quantity, quality, delivery, or
				contractual conditions, that can be waived or corrected without prejudice to
				other bidders or offerors.
2. If
				the mistake is attributable to an error in judgment by the bidder or offeror,
				the bid or proposal may not be waived or corrected. An example of an error in
				judgment would be failure to consider all the requirements of the solicitation
				and submitting an inaccurate price.
3. Correction or withdrawal of a bid or
				proposal because of an inadvertent, minor informality requires careful
				consideration to protect the integrity of the competitive solicitation process
				and to ensure fairness.
4. Bid or
				proposal correction or withdrawal by reason of a minor informality is
				permissible but only to the extent it is not contrary to the interest of the
				state or the fair treatment of other bidders or offerors.
5. Examples of minor informalities include
				failure of a bidder or offeror to:
a. Return
				the number of signed bid or proposal documents required by the solicitation;
b. Sign the response, but only if
				the unsigned response is accompanied by other material indicating the bidder's
				intent to be bound, such as a cover letter, or a signed bid or proposal is
				provided within the time limit set by the procurement officer;
c. Sign or initial a material correction to
				the bid or proposal, including a typeover, writeover, correction tape, or
				white-out, but the bidder or offeror may be required to confirm the correction
				within the time limit set by the procurement officer;
d. Submit product literature or other
				documents required in the solicitation, but only if the bidder or offeror
				complies within the time limit set by the procurement officer; and
e. Acknowledge receipt of an amendment to the
				solicitation, but only if:
(1) It is clear
				from the bid or proposal that the bidder or offeror received the amendment and
				intended to be bound by its terms;
(2) The amendment involved had a negligible
				effect on price, quantity, quality, or delivery; or
(3) The bidder or offeror provides an
				acknowledgment of receipt within the time limit set by the procurement officer.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-10 - Mistakes in Bids or Proposals › Section 4-12-10-02 - Unit price governs

Current through Supplement No. 393, July, 2024
In case of a mistake in the calculation of total price, the
				  unit price will govern.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-10 - Mistakes in Bids or Proposals › Section 4-12-10-03 - Mistakes discovered before opening

Current through Supplement No. 393, July, 2024
A bidder or offeror may correct a mistake discovered before
				  the time and date set for opening of bids or proposals by withdrawing or
				  correcting the bid or proposal.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-10 - Mistakes in Bids or Proposals › Section 4-12-10-04 - Confirmation of bid or proposal

Current through Supplement No. 393, July, 2024
1. When the
				procurement officer knows or has reason to conclude that a mistake has been
				made, the procurement officer may request the bidder or offeror to confirm the
				bid or proposal. Examples of situations in which confirmation is appropriate
				include obvious, apparent errors on the face of the bid or proposal, or a bid
				or proposal unreasonably priced in relation to the others submitted.
2. If the bidder or offeror confirms the
				mistake, the bid or proposal may be corrected or withdrawn in accordance with
				these rules.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-10 - Mistakes in Bids or Proposals › Section 4-12-10-05 - Mistakes discovered after opening but before award

Current through Supplement No. 393, July, 2024
1. The procurement officer may waive minor
				informalities or allow the bidder or offeror to correct them depending on which
				is in the best interest of the state.
2. If the mistake and the intended correct
				bid or proposal are clearly evident on the face of the bid or proposal
				document, the bid or proposal must be corrected to the intended correct bid or
				proposal and may not be withdrawn. Examples of mistakes that may be clearly
				evident on the face of the bid or proposal document are typographical errors,
				errors in extending unit prices, transposition errors, and mathematical errors.
3. A bidder may be permitted to
				withdraw a low bid or proposal if a mistake is clearly evident on the face of
				the solicitation response but the intended correction is not similarly evident
				or the bidder or offeror submits proof of evidentiary value that clearly and
				convincingly demonstrates that a mistake was made.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-10 - Mistakes in Bids or Proposals › Section 4-12-10-06 - Mistakes discovered after award

Current through Supplement No. 393, July, 2024
A mistake in a bid or proposal discovered after award does
				  not relieve the contractor from performance in accordance with the contract
				  award. The bidder or offeror must submit evidentiary proof of value that
				  clearly and convincingly demonstrates a mistake has been made. If the terms of
				  the contract permit modification of the contract price, no correction may be
				  permitted that would cause the contract price to exceed the next low bid or
				  result in another proposal being determined to be most advantageous.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-10 - Mistakes in Bids or Proposals › Section 4-12-10-07 - Determinations required

Current through Supplement No. 393, July, 2024
When a bid or proposal is corrected or withdrawn, or a
				  correction or withdrawal is denied, the procurement officer will prepare a
				  written determination showing that the relief was granted or denied in
				  accordance with these rules.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-11 - Evaluation of Bids or Proposals › Section 4-12-11-01 - Standards for awarding contracts

Current through Supplement No. 393, July, 2024
Unless circumstances exist under which competition can be
				  limited or waived, contracts must be awarded through a competitive solicitation
				  process to the responsible vendor with the lowest responsive bid or the most
				  advantageous proposal. An award will be made according to the evaluation
				  criteria specified in the solicitation. A contract award will be made as soon
				  as practicable after the opening and evaluation of bids or proposals.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-11 - Evaluation of Bids or Proposals › Section 4-12-11-02 - Application of preference for North Dakota vendors

Current through Supplement No. 393, July, 2024
When considering bids or proposals from nonresident vendors,
				  the procurement officer must determine whether the vendor's state of residence
				  has a preference law. The state procurement office shall make publicly
				  available a listing of state preference laws. The preference given to North
				  Dakota bidders must be equal to the preference given or required by the state
				  of the nonresident bidder, in accordance with North Dakota Century Code section
				  44-08-01.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 44-08-01,
					 54-44.4-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-11 - Evaluation of Bids or Proposals › Section 4-12-11-03 - Responsiveness of the bid or proposal

Current through Supplement No. 393, July, 2024
Any bid or proposal that does not meet the requirements of
				  the solicitation, other than mistakes determined to be minor informalities,
				  will be rejected.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-11 - Evaluation of Bids or Proposals › Section 4-12-11-04 - Responsibility of the bidder or offeror

Current through Supplement No. 393, July, 2024
1.
				The procurement officer, at any time, may make a supplementary investigation as
				to the responsibility of any bidder or offeror, even though the bidder or
				offeror may be on the bidders list for the commodity or service being
				purchased.
2. This may include
				investigation of financial responsibility, insurability, effective equal
				employment opportunity, capacity to produce, sources of supply, performance
				record in the business or industry, and other matters relating to the bidder's
				or offeror's probable ability to deliver in the quantity and at the time
				required under the contract if it is awarded to the bidder or offeror.
3. The procurement officer may
				require the submission of written statements from the bidder or offeror or
				other persons concerning any related matter. If it is concluded on the basis of
				all available information that a particular bidder or offeror appears not to be
				sufficiently responsible to assure adequate performance if the contract were
				awarded to the bidder or offeror, the bid or proposal will be rejected even if
				it is the lowest bid or the best offer.
4. If a vendor is determined to be not
				responsible, that vendor may be debarred or suspended from the bidders list.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-11 - Evaluation of Bids or Proposals › Section 4-12-11-05 - Tie bids or proposals

Current through Supplement No. 393, July, 2024
In the event of a tie bid or proposal, the procurement
				  officer will ensure that any applicable preference has been applied to price in
				  accordance with North Dakota Century Code section
				  44-08-01. If a tie remains, award
				  shall be determined as follows:
1. If
				the tie is between an approved vendor and vendor that is not approved,
				preference will be given to the approved vendor in accordance with North Dakota
				Century Code section
				54-44.4-09.
2. If the solicitation specified delivery as
				soon as possible, the bid or proposal with the earliest delivery time will be
				accepted. In all other cases, delivery time will not be considered in making
				award, provided the bid or proposal states that delivery can be made within the
				required time.
3. If a tie
				remains, a split award may be made or award will be made through a random
				drawing.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 44-08-01,
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-09,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-11 - Evaluation of Bids or Proposals › Section 4-12-11-06 - Conditioned bids or proposals

Current through Supplement No. 393, July, 2024
1. No
				alterations or variations of the terms and conditions of the solicitation by
				the bidder or offeror will be valid and binding upon the state, unless made in
				writing and accepted by the purchasing agency.
2. Bids or proposals subject to conditions
				imposed by the bidder or offeror may be rejected as being nonresponsive, as
				determined by the purchasing agency.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-02.1,
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-11 - Evaluation of Bids or Proposals › Section 4-12-11-07 - Multiple awards

Current through Supplement No. 393, July, 2024
1. A multiple award
				can be made when it is determined to be in the best interest of the state to
				award multiple contracts to two or more bidders or offerors of similar products
				or services.
2. The intent to make
				a multiple award must be stated in the solicitation.
3. A multiple award may be appropriate under
				circumstances in which more than one contractor is required to ensure adequate
				delivery, service, or product compatibility.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-02.1,
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-10
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-11 - Evaluation of Bids or Proposals › Section 4-12-11-08 - Only one responsive bid or proposal received

Current through Supplement No. 393, July, 2024
1. If only one responsive bid or proposal is
				received in response to a solicitation, the procurement officer may:
a. Make an award to the vendor upon
				determination that the specifications were not restrictive in accordance with
				section 4-12-06-02, other prospective
				bidders and offerors had a reasonable opportunity to respond, the bidder is
				responsible, and the price submitted is fair and reasonable;
b. Reject the bid or proposal and solicit new
				bids or proposals; or
c. Cancel
				the procurement.