N.D. Admin. Code 4-12-09-06

Current through Supplement No. 395, January, 2025

Section 4-12-09-06 - Work activity center contract awards

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 acquisition of commodities or services from work activity centers. Such term contracts may be cooperative purchasing contracts pursuant to North Dakota Century Code section 54-44.4-13.

3. Prior to awarding a direct purchase from a work activity center, the office of management and budget or a state agency shall prepare a written determination that:

a. The work activity center is licensed by the department of human services, located in North Dakota, and operated by a nonprofit corporation in accordance with North Dakota Century Code section 25-16.2-01;

b. The commodities or services are acceptable; and

c. The commodities or services are offered at a fair market price.

4. For purposes of subsection 3:

a. "Acceptable" means the commodities or services conform to specifications, terms of delivery, quality, and serviceability.

b. "Fair market price" means a price found to be reasonable through methods such as comparing the current price of similar goods and services or examining costs to produce the goods or provide the services. A notice of intent to award a contract to a work activity center may be issued to determine whether the price is reasonable.

5. The written determination must be retained in the procurement file.

N.D. Admin Code 4-12-09-06

Effective October 1, 2012.

General Authority: NDCC 25-16.2, 54-44.4-02, 54-44.4-04, 54-44.4-05, 54-44.4-13

Law Implemented: NDCC 25-16.2, 54-44.4-02, 54-44.4-04, 54-44.4-05, 54-44.4-13