North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-12 - State Procurement Practices › Chapter 4-12-01 - General Rules › Section 4-12-01-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms throughout this article have the same meaning as in
				  North Dakota Century Code chapter 54-44.4, except:
1. "Approved vendor" means a person or business entity that
				  has completed the registration requirements of North Dakota Century Code
				  section 54-44.4-09 and been placed on the
				  North Dakota state bidders list.
2. "Award" means the selection of a successful bidder or
				  offeror for presentation of a purchase agreement or contract.
3. "Bidder" means a person or business entity that submits a
				  response to an informal or formal bidding process.
4. "Bidders list" is the list of approved vendors that have
				  completed the registration requirements of North Dakota Century Code section
				  54-44.4-09.
5. "Contractor" means a person or business entity having a
				  contract with the state to furnish commodities or services for a certain price.
6. "Cooperative purchasing" means procurement conducted on
				  behalf of two or more public procurement entities.
7. "Determination" means a document prepared by a procurement
				  officer justifying the decision to take a certain action, including the reason
				  or findings of fact and a conclusion.
8. "Director" means the director of the office of management
				  and budget.
9. "Formal competition" means a solicitation process that
				  requires bids or proposals to be submitted in a prescribed format in a sealed
				  envelope, sealed package, or electronic means to be opened at a specified time.
10. "Informal competition" means a solicitation process that
				  requests unsealed bids or proposals that may be conveyed by letter, telephone,
				  or other means under conditions different from those required for formal
				  competition.
11. "Negotiation" means to attempt resolution of an issue
				  through conference, discussion, and agreement or compromise.
12. "Notice of intent to award" means notification that a
				  bidder or offeror has been selected for award of a contract.
13. "Offeror" means a person or business entity that submits
				  a response to an informal or formal request for proposal process.
14. "Procurement" means the process of purchasing, renting,
				  leasing, or otherwise acquiring any commodities or services. This includes the
				  process of acquisition, including description of requirements, solicitation of
				  bids or proposals, evaluation and selection of sources, preparation and award
				  of a contract, and all phases of contract administration.
15. "Procurement file" means a written record maintained by
				  the purchasing agency that contains documents related to the origination,
				  solicitation, award, contract, and contract administration, including written
				  determinations and approvals.
16. "Protest" means a written objection by an interested
				  party to a solicitation, intent to award a contract, or award of a contract
				  with the intent of receiving a remedial result.
17. "Responsive bidder or offeror" means a vendor who has
				  submitted a bid or proposal that conforms in material respects to the
				  requirements stated in the solicitation.
18. "Sole source" means a noncompetitive procurement in which
				  a particular person or business entity is identified as the only qualified
				  source capable of supplying the commodity and service.
19. "Solicitation" means a request for bids or proposals to
				  provide commodities or services.
20. "Statement of work" means a detailed description of work
				  the purchasing agency wants the contractor to perform.
21. "Vendor" means a person or business entity that offers to
				  sell commodities or services.
22. "Written directives" means directives, policies,
				  procedures, guidelines, and standards issued by the director of the office of
				  management and budget or designee under North Dakota Century Code chapter
				  54-44.4.
General Authority: NDCC
					 54-44.4-04
Law Implemented: NDCC
					 54-44.4-01,
					 54-44.4-02,
					 54-44.4-04,
					 54-44.4-05,
					 54-44.4-06,
					 54-44.4-09,
					 54-44.4-10