Section 4-12-09-02 - Limited competitive procurements1. Competition may be limited pursuant to North Dakota Century Code section 54-44.4-05 under circumstances in which the deviation from the procurement procedures to limit competition is determined to be appropriate, including:a. When products or services exclusive to particular individuals or business entities are required and competition for the proprietary product or service exists;b. When circumstances require that commodities or services be provided by bidders or offerors within a specific geographic area; or c When it is determined that a competitive sealed bid or competitive sealed process is impracticable or not in the best interest of the state.
2. Whenever limited competitive procurements are to be made, a written determination must include an explanation as to why the competition should be limited and why a fully competitive procurement method is impracticable or not in the best interest of the state. The purchasing agency shall provide evidence necessary for an independent examination and determination of the material facts of the procurement.3. The purchasing agency shall approve limited competitive procurements within its delegated authority.4. When the procurement is outside the scope of the agency's delegated authority, prior written approval of the state procurement office must be obtained.5. The purchasing agency shall obtain the level of competition practicable.6. The written determination must be retained in the procurement file.N.D. Admin Code 4-12-09-02
Effective August 1, 2004; amended effective October 1, 2012.General Authority: NDCC 54-44.4-04
Law Implemented: NDCC 54-44.4-04, 54-44.4-05