N.D. Admin. Code 4-12-01-04

Current through Supplement No. 394, October, 2024
Section 4-12-01-04 - Applicability
1. These rules apply to all procurements of commodities and services, regardless of the funding source, by each state agency and institution in the executive branch of government, except this chapter does not apply to:
a. Those agencies or institutions governed by the state board of higher education, which are exempt under subsection 5 of North Dakota Century Code section 15-10-17 and North Dakota Century Code section 54-44.4-02;
b. Those commodities and services not subject to state procurement laws under North Dakota Century Code section 54-44.4-02;
c. Those procurements costing less than a specified amount and those specific commodities or services as determined by the director's written directive, pursuant to North Dakota Century Code section 54-44.4-02;
d. Contracts for services of legal counsel with attorneys who are not employed by the state, pursuant to North Dakota Century Code section 54-12-08;
e. Contracts for public buildings and public improvement contract bids, pursuant to North Dakota Century Code title 48;
f. Contracts for architect, engineer, and land surveying services, pursuant to North Dakota Century Code chapter 54-44.7;
g. Contracts for concessions, pursuant to North Dakota Century Code chapter 48-09;
h. Grant programs, not including procurements using grant dollars; or
i. Professional memberships.
2. The office of management and budget may procure exempted commodities or services upon request by an agency or institution.
3. The office of management and budget may require state agencies or institutions to provide an annual report of commodities and services exempted by the director's written directive.

N.D. Admin Code 4-12-01-04

Effective August 1, 2004.

General Authority: NDCC 54-44-04, 54-44.4-04

Law Implemented: NDCC 54-44.4-02, 54-44.4-02.1, 54-44.4-04