North Dakota Administrative Code

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 quali…

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 t…

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 ve…

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 …

solicitations. 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 …

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 presoli…

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 pur…

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…

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 re…

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.…

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 …

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 …

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 se…

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 nonc…

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 acquisit…

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…

In case of a mistake in the calculation of total price, the unit price will govern. History: Effective August 1, 2004. General Authority: NDCC 54-44.4-04 Law Implemented: NDCC 54-44.4-04, 54-44.4-05, 54-44.4-10

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. History: Effective August 1, 2004. General Authority: NDCC 54-44.4-04 Law Implemented: NDCC 54-44.4-04, 54-44.4-05,…

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 …

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 docum…

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 te…

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. History: Effective August 1, 2004. General Authori…

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 eva…

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…

Any bid or proposal that does not meet the requirements of the solicitation, other than mistakes determined to be minor informalities, will be rejected. History: Effective August 1, 2004. General Authority: NDCC 54-44.4-04 Law Implemented: NDCC 54-44.4-04, 54-44.4-05, 54-44.4-10

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 finan…

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 a…

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 off…

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 a…

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 of…

1. If it appears to be in the best interest of the state, all bids or proposals may be rejected and invitations for bid or requests for proposal containing the same or rewritten specifications, terms, and conditions may be reissued. 2. The procurement officer will send written no…

1. Discussions may be conducted in connection with competitive sealed proposals, noncompetitive, or emergency procurements. This means an exchange of information or other manner of negotiation during which the offeror and the procurement officer may alter or otherwise change the …

1. When discussions or negotiations are contemplated after the receipt of proposals that are expected to lead to the revision of proposals or to best and final offers, fair and equitable treatment of competitors dictates that negotiations be conducted in accordance with ethical b…

1. A contract cannot be amended after the expiration date of the contract. 2. A state contract may include a clause that provides for adjustment of contract price, adjustment of time of performance, and other terms the procurement officer deems appropriate. 3. Unanticipated contr…

A successful bidder or offeror shall not assign the bidder's or offeror's interest in the contract without the written consent of the procurement officer. History: Effective August 1, 2004. General Authority: NDCC 54-44.4-04 Law Implemented: NDCC 54-44.4-01, 54-44.4-04, 54-44.4-0…

The following provisions must be followed by any actual or prospective bidder or offeror that is aggrieved in connection with a solicitation: 1. The aggrieved party shall submit a protest to the procurement officer in written form, clearly identifying the solicitation and the det…

A bidder or offeror that has submitted a response to a solicitation and is aggrieved may protest an award or notice of intent to award in accordance with the following provisions: 1. The aggrieved party shall submit a written protest to the procurement officer that clearly identi…

1. The aggrieved party may appeal the decision of the procurement officer to the director or designee within seven calendar days after receiving notice of the decision. a. The director or designee has seven calendar days to review the protest and render a decision in writing. If …

1. If a needed commodity or service can be obtained from a state agency or institution or other governmental entity within the state, that commodity or service may be purchased without obtaining competition. State agencies and institutions that provide commodities and services in…

1. Resident North Dakota printers must do any printing not done by the central duplicating service of the office of management and budget, unless circumstances exist under which it is determined to be not practicable. These circumstances include: a. When North Dakota printers are…

1. History. The 1987 legislative assembly passed legislation establishing the state board of addiction counseling examiners, codified as North Dakota Century Code chapter 43-45. The board of addiction counseling examiners license addiction counselors. 2. Board membership. The boa…

Repealed effective January 1, 2008.

1. An application for a license to practice addiction counseling must be made to the state board of addiction counseling examiners on forms approved by the board. Each application for license must be accompanied by: a. A completed application, signed by the applicant. b. The requ…

Academic requirements related to the registration of clinical trainees and interns, and the licensing of addiction counselors must be completed at a college or university accredited by one of six regional institutional accreditors in the United States. The board may accept contin…

1. All clinical training hours must involve the clinical application of addiction counseling and be completed at a training consortium, one or more sites approved by the board, through a university placement or through an individualized training program approved by the board. Cli…

An applicant must pass the appropriate written examination as approved by the board. A written examination may be taken after the completion of the required academic coursework. 1. Licensed addiction counselor. An applicant must pass the national certified addiction counselor lev…

Repealed effective January 1, 2008.