All Roll Calls
Yes: 138 • No: 2
Sponsored By: Jon O. Nelson (Republican)
Became Law
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9 provisions identified: 5 benefits, 1 costs, 3 mixed.
The Office of Management and Budget (OMB) handles buying for executive agencies. OMB and higher‑education agencies make joint buys for common items when it helps the state. OMB can use GSA and other government contracts after checking they were fairly competed and sending a notice. Schools under the State Board of Higher Education may set cooperative contracts for other schools. All IT purchases must follow chapter 54‑59 policies and standards. The law also clarifies key purchasing definitions used across the program.
OMB runs a website with current North Dakota contract opportunities. Purchases over the small‑purchase amount must be posted there. Vendors can submit bids and proposals electronically using standard forms. OMB keeps a bidders list and sends notices for larger bids and proposals. Some bid records stay confidential until the bid opening or a notice of intent to award.
The state uses multiple‑award vendor pools with set hourly rates or unit prices. Agencies either buy directly from a pool vendor or run a secondary competition within the pool, based on set thresholds. A primary pool contract cannot exceed five years total unless approved in writing. All secondary work must finish within the primary term. Agencies must write a full statement of work and may not split projects to avoid competition.
The default is open competition to the lowest responsible bidder or through competitive proposals. OMB can choose another method if it is in the state’s best interest and puts the reason in writing. The law lists exceptions, like emergencies, small purchases, single‑source items, compatibility parts, recurring IT licensing, used items on short notice, and prison‑industries products. OMB must set rules on when competition may be waived or limited and what justifications are required.
You have seven calendar days to protest after you know the facts. The procurement officer must decide in seven days and may extend once by seven days. You can appeal to the director within seven days, and the director has seven days to decide, with one seven‑day extension. Awards are stayed unless the state makes a written finding that moving ahead is necessary. Notices can be sent by certified mail, commercial delivery with confirmation, or confirmed email.
State buyers are encouraged to pick environmentally preferable products. When practical, newsprint should use soybean‑based inks, and biobased products should be specified. The soybean council and agriculture commissioner help find suppliers and track purchases.
Government agencies and some nonprofits can buy prison‑industries products for official use. Prison industries may sell commissary items and clothing to inmates and sell through tax‑permitted wholesale or retail outlets. Interstate and export sales are allowed if made under the federal certification program. State officials and employees may make personal purchases from state contracts and prison‑industries offerings when OMB allows it. Agencies are encouraged to buy these products when they are comparable, on time, and fairly priced, and prices may be negotiated.
If your business must register with the secretary of state, you must be registered before award. You must keep that registration active for the whole contract term.
When bids or proposals tie, the state picks a North Dakota resident over a nonresident. If a tie includes a prison‑industries offer, the prison‑industries bid wins. These rules only apply when offers are otherwise equal.
Jon O. Nelson
Republican • House
There are no cosponsors for this bill.
All Roll Calls
Yes: 138 • No: 2
Senate vote • 3/11/2025
Second reading, passed, yeas 46 nays 1
Yes: 46 • No: 1
House vote • 1/22/2025
Second reading, passed, yeas 92 nays 1
Yes: 92 • No: 1
Filed with Secretary Of State 03/24
Signed by Governor 03/21
Sent to Governor
Signed by Speaker
Signed by President
Returned to House
Second reading, passed, yeas 46 nays 1
Reported back, do pass, place on calendar 6 0 0
Committee Hearing 09:00
Introduced, first reading, referred State and Local Government Committee
Received from House
Second reading, passed, yeas 92 nays 1
Amendment adopted, placed on calendar
Reported back amended, do pass, amendment placed on calendar 11 0 3
Committee Hearing 01:45
Introduced, first reading, referred Government and Veterans Affairs Committee
Adopted by the House Government and Veterans Affairs Committee
Enrollment
FIRST ENGROSSMENT
INTRODUCED
HB 1022 — AN ACT to provide an appropriation for defraying the expenses of the retirement and investment office.
SB 2018 — AN ACT to provide an appropriation for defraying the expenses of the department of commerce; to provide an appropriation to the attorney general; to provide an appropriation to the department of career and technical education; to provide an appropriation to the state fair association; to provide a contingent appropriation; to create and enact a new section to chapter 54-60 of the North Dakota Century Code, relating to department of commerce grant reporting requirements; to amend and reenact subsection 1 of section 10-30.5-02, sections 54-60-09, 54-60-19, 54-60-28, 54-60-29, 54-60-29.1, and 54-60-31 of the North Dakota Century Code, relating to the purpose of the North Dakota development fund, duties and talent strategy of the division of workforce development, the uncrewed aircraft systems program, the uncrewed aircraft systems program fund, the beyond visual line of sight uncrewed aircraft system program, and changing the name of the office of legal immigration to the global talent office; to authorize a Bank of North Dakota line of credit; to provide for a transfer; to provide an application; to provide an exemption; and to provide for a legislative management report.
SB 2323 — AN ACT to amend and reenact sections 57-51-15 and 57-51.1-07.5 of the North Dakota Century Code, relating to oil and gas gross production tax allocations and the state share of oil and gas tax allocations; to provide for a legislative management report; to provide an exemption; and to provide an effective date.
SB 2390 — AN ACT to create and enact three new sections to chapter 54-40.1 of the North Dakota Century Code, relating to a rural catalyst committee, grant program, and fund; to amend and reenact section 54-40.1-02 of the North Dakota Century Code, relating to definitions for regional planning councils; to provide an appropriation; and to provide for a transfer.
SB 2397 — AN ACT to create and enact a new subsection to section 57-51.1-03 of the North Dakota Century Code, relating to a limited exemption for development incentive wells; to amend and reenact sections 57-51-02.6, 57-51-05, and 57-51.1-01 of the North Dakota Century Code, relating to the temporary exemption for oil and gas wells employing a system to avoid flaring, an exemption from gross production tax for gas produced from certain enhanced oil recovery projects, and the definition of development incentive well; to provide an effective date; and to provide an expiration date.
SB 2370 — AN ACT to provide for a legislative management study regarding prescription drug transparency reporting under the federal drug discount program.