N.D. Admin. Code 4-12-09-01

Current through Supplement No. 395, January, 2025

Section 4-12-09-01 - Competition may be waived or limited

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.

4. A prior written determination is required for all other requests for limited competitive and noncompetitive purchases subject to the provisions of this chapter and the terms of the purchasing agency's delegated purchasing authority.

N.D. Admin Code 4-12-09-01

Effective August 1, 2004; amended effective October 1, 2012; amended effective January 1, 2013.

General Authority: NDCC 54-44.4-04

Law Implemented: NDCC 54-44.4-02.1, 54-44.4-04, 54-44.4-05