N.D. Admin. Code 4-12-05-04

Current through Supplement No. 395, January, 2025

Section 4-12-05-04 - Cause for suspension or debarment

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.

N.D. Admin Code 4-12-05-04

Effective August 1, 2004.

General Authority: NDCC 54-44.4-04

Law Implemented: NDCC 54-44.4-04, 54-44.4-09