Section 4-12-09-05 - Notice of intent to make a limited competitive or noncompetitive purchase1. 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 noncompetitive purchase, the office of management and budget may require the purchasing agency to issue a notice to determine if such an award is appropriate.3. The notice must include the name of the purchasing agency and the procurement officer, a description of the needed commodity or service, a description of the intended procurement method, and a statement that vendors are permitted to submit bids or proposals for equivalent commodities or services.4. The notice of intent to limit or waive competition must be placed on the office of management and budget procurement information website, must be issued to approved vendors on the bidders list for the commodity or service being purchased, and may be sent to other known potential bidders.5. The purchasing agency shall allow a minimum of seven calendar days after issuance of the notice for interested parties to submit a response to the notice.6. If no response to the notice is received, the purchasing agency shall submit the notice and results as justification for the limited competitive or noncompetitive purchase.7. If an interested party responds to the notice, the purchasing agency shall evaluate the response. a. If the offered product or service is not responsive to the requirements, the procurement officer shall send written notice, including the reason for rejection.b. If the offered product or service is responsive to the requirements, the purchasing agency may determine it is in the best interest of the state to award a contract and shall submit the notice and results as justification for the limited competitive or noncompetitive purchase; orc. The purchasing agency may cancel the notice and proceed with a competitive procurement process.N.D. Admin Code 4-12-09-05
Effective October 1, 2012.General Authority: NDCC 54-44.4-02, 54-44.4-04, 54-44.4-05, 54-44.4-09, 54-44.4-12, 54-44.4-14
Law Implemented: NDCC 54-44.4-02, 54-44.4-04, 54-44.4-05, 54-44.4-09, 54-44.4-12, 54-44.4-14