N.D. Admin. Code 4-12-09-03

Current through Supplement No. 394, October, 2024

Section 4-12-09-03 - Noncompetitive procurements

1. Competition may be waived pursuant to North Dakota Century Code section 54-44.4-05 under circumstances in which the requirements are a sole source or can only be met by a specific commodity or service exclusive to a particular individual or business entity to the exclusion of competing vendors, commodities, or services.

2. A noncompetitive procurement is not justified on the basis of any of the following circumstances:

a. The lack of adequate advance planning for the procurement of the required commodities or services;

b. Delays in the procurement caused by administrative delays, lack of sufficient procurement personnel, or improper handling of procurement requests or competitive procedures; or

c. Pending expiration of budget authority.

3. Whenever noncompetitive procurements are to be made, a written determination must include an explanation as to why it is not practicable to award a contract by a competitive procurement method and why a noncompetitive procurement is 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.

4. The purchasing agency shall approve noncompetitive procurements within its delegated authority.

5. When the procurement is outside the scope of the agency's delegated authority, prior written approval of the state procurement office must be obtained.

6. The procurement officer shall conduct negotiations, as appropriate, regarding price, delivery, and terms. Such negotiations must be conducted in accordance with chapter 4-12-12.

7. The procurement officer responsible for the noncompetitive procurement shall prepare and retain in the procurement file a record of the noncompetitive procurement that includes the written determination, contractor's name, description of the commodities or services procured, and contract amount.

N.D. Admin Code 4-12-09-03

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