Procurement

Emergency purchases are defined as purchases OMB or a purchasing agency cannot make within the required time and which involve public health or public safety, or when immediate expenditures are necessary for repairs of state property to protect it against further loss or damage, or to prevent or minimize serious disruption in state services. Emergency purchases must treat all bidders fairly and promote competition as is practicable under the circumstances (NDCC 54-44.4-02.7).

• An SFN51627 Emergency Purchase Explanation form must be completed and sent to the OMB State Procurement Office after the purchase has been made.

Documentation Requirements

• The procurement file must contain a written determination of (1) the basis for the emergency; and (2) the basis for the selection of the particular contractor.
• If the emergency circumstances warrant a noncompetitive purchase, document a written determination of the basis for the noncompetitive purchase, including the circumstances that justified the noncompetitive purchase.
• If the emergency purchase is subject to federal funding reimbursement, ensure the procurement procedures and documentation are adequate to satisfy requirements for federal reimbursement.

Samples: If time allows, emergency purchases for commodities under this subsection may require a sample for use in determining whether an offered product meets specifications.

Sometimes an unexpected requirement or poor planning creates an immediate need for commodities or services, but the circumstance is not an “emergency” as defined in law. For questions, contact the State Procurement Office or 701.328.2740. An approved Alternate Procurement Request is required prior to deviating from the competition threshold requirements based upon the estimated purchase price. A noncompetitive procurement cannot be justified on the basis of a lack of advanced planning, administrative delays, or pending expiration of budget authority NDAC 4-12-09-04.2.

State law requires: "The Office of Management and Budget, the Institutions of Higher Education, and any other state agency or institution that has authority to purchase products are encouraged to purchase environmentally preferable products" (NDCC 54-44.4-07.1).

North Dakota has laws related to "green" purchasing for:

• Environmentally Preferable Products (EPP)
• Bio-based products
• Recycled paper
• Soy-bean based ink

Guidelines to Environmentally Preferable Procurement

The State Procurement Office has several environmentally "green" state contracts. By including environmental considerations in purchasing decisions, along with price, performance, and availability, the state remains fiscally responsible while promoting practices that will reduce adverse environmental impact.

Some common "green" state contracts include:

• Cut paper
• Office supplies
• Disposal - electronic waste, hazardous materials, waste and recycling services
• Janitorial paper/supplies
• Trash bags
• Shredding services

See the full list of "green" contracts on the State Contracts page and filter by EPB (Environmentally Preferable/bio based).

State law requires: “The office of management and budget, and any state agency or institution that has authority to purchase products, shall ensure that at least twenty percent of the total volume of paper and paper products being purchased for state agencies and institutions contain at least twenty-five percent recycled material. The office of management and budget shall implement a methodology to track compliance with this section” (NDCC 54-44.4-08).

OMB compiles a biennial report of Recycle Paper Usage. Only recycled paper products that have at least 25% recycled content will qualify toward meeting the statutory requirement of 20% of the total volume of paper.

ND State Surplus Property provides an outlet for government entities to responsibly dispose of their electronic waste (e-waste) by using the state e-waste contract.

North Dakota entities eligible to use this program are:

• State agencies
• Political subdivisions
• Public schools
• Colleges and universities

For questions, contact State Surplus Property or 701.328.9665.

The Information Technology Department (ITD) is responsible for reviewing and approving the acquisition of technology by state agencies.  For assistance, contact ITD Procurement.

State Contracts for IT equipment, software, and services allow government entities to save time and money by purchasing directly from vendors. ITD approval is generally not required for equipment, software, and services that are purchased through State Contracts, with the exception of equipment, software, and services that are required to be provided by ITD [NDCC 54-59-05 (5) and NDCC 54-59-22]. State Contracts may require additional review or action at certain dollar thresholds, so agencies must follow the instructions related to purchasing from the applicable State Contract. Contact the contract administrator listed on the contract web page with specific questions about the contract.

ITD provides a variety of information technology services, including IT infrastructure, information management, business analysis, project management, software development, and website development. Agencies can purchase ITD services without competition regardless of dollar amount. An agency can also solicit bids or proposals from ITD during a competitive solicitation process. [subsection 2(j) of NDCC 54-44-4-05 and NDAC 4-12-15] 

• Telecommunication and Network Equipment and Services: Purchase all telecommunication equipment and services through ITD, including telephones and telephone systems (other than cellular phones), automated attendant systems, call sequencers, lines, circuits, all data and video communication equipment and services, routers, switches, and data circuits. [NDCC 54-59-05] 
• Electronic Mail, File and Print Server Administration, Database Administration, Application Server, and Hosting Services: Agencies, unless exempted, must obtain hosting services through a delivery system established by ITD. [NDCC 54-59-22] 
• End User Compute and Collaboration: Specific agencies must obtain centralized desktop support services from ITD. [NDCC 54-59-22.1]  ITD’s End User Compute and Collaboration service includes the acquisition, management and technical support of personal computers and peripheral devices.
• To request services submit an online work request to ITD.
• The state has invested in a website platform to improve security, reduce cost, and make it easier for agencies to comply with state and federal standards (e.g. accessibility, encryption, data privacy, etc.). The State Website Platform should be evaluated for agency fit prior to procuring a new website or website redesign.

• Server Equipment, Cloud, Software-as-a-Service(SaaS), Managed Hosting Services: ITD must approve all purchases related to servers (applications, electronic mail, file and print, database, server storage), and for hosted services (including managed IT services/applications) outside of ITD. [NDCC 54-59-22] Submit a Request for Exemption to IT Standard to ITD Enterprise Services.
• IT purchase related to the State’s PeopleSoft/Oracle implementation: OMB must approve all purchases of shadow systems (alternative solutions) to the State’s implementation of PeopleSoft/Oracle. Submit a business case to the PeopleSoft/Oracle program manager.
• IT purchase with Limitation of Liability: An agency has limited authorization to agree to limit a contractor’s liability for purchases related to software, communication, or electronic equipment. [NDCC 32-12.2-15] The agency must prepare written documentation, in consultation with OMB Risk Management Division and the Attorney General’s Office, before agreeing to any liability limitation. 
• IT purchase related to Electronic Health Records: Each executive branch state agency and institution of higher education may use only an electronic health record system for use in the State’s Health Information Exchange which is certified under rules adopted by the office of the National Coordinator for Health Information Technology [NDCC 54-59-31].
• IT purchase related to Microfilm Equipment and Services:  ITD Records Management must approve purchases for microfilm equipment and services. [NDCC 54-46.1-05]

ITD reviews and approves IT purchases over $25,000.  Primary review criteria includes conformance with the requesting agency’s IT plan and compliance with statewide policies and standards. A request for a review of IT purchases under $25,000 may be made. If the request is not in conformance or compliance, ITD may disapprove the request or require justification for the departure from the plan or statewide policy or standard. [NDCC 54-59-05 (5)] Submit a Request for Exemption to IT Standard to ITD Enterprise Architecture.

IT purchases that occur within the context of IT Projects may trigger additional requirements. The sections below describe various IT Project thresholds and additional requirements that the purchasing agency must follow per the Project Management for Information Technology Standard.

• All IT Projects (defined as a temporary endeavor undertaken to create a unique product, service, or result) that is 80 hours or more of work and regardless of estimated cost: Each executive branch, state agency, or institution, excluding entities under the control of the state board of higher education must submit an Initiative Intake Form through the State's ServiceNow Portal. The process will also include:
  • Identification of Project Manager and Project Sponsor role
  • An electronic project document repository utilized throughout the project
  • Completion of a project charter and project plan

In addition to the items listed above for IT Projects, the following dollar thresholds apply:

• Budgets $100,000 and over:
  • An NDIT Oversight Analyst may be assigned
  • Projects must be entered and maintained within ND VIEW
• Budgets $500,000 and over:
  • Executive Steering Committee (ESC) shall be established
  • NDIT Oversight Analyst will be assigned
  • A person identified to fill the Change Manager role
  • Project Manager must be qualified under the NDIT guidelines and approved by NDIT
  • Projects must be entered and maintained within ND VIEW

• Collaboration, Executive Steering Committee, Qualifications: All executive branch agency major IT Projects require:
  • Collaboration between ITD and OMB in consultation with AG on the procurement, contract negotiation, and contract administration and approves the solicitation, contract or agreement, and any amendments related to the project before submission to the executive steering committee;
  • An Executive Steering Committee appointed to oversee the project;
  • Procurement officer and primary project manager must meet minimum qualifications established by ITD and OMB.
  • Signature of agency head or a designee and CIO or a designee on an agreement or contract and any subsequent contract amendments. [NDCC 54-59-32]
• Business Analysis: Business Analysis is used to understand the structure, policies, and operations of an agency, and to recommend solutions that enable the agency to achieve its goals. Business Analysis activities can include business process modeling, organizational change activities, and gathering and documenting requirements. 
• Project Oversight and Quality Assurance
  • Project Management Oversight, Reporting: All major IT Projects of an executive branch agency require project management oversight to be performed by ITD. The ITD oversight analyst assigned to the project receives and reviews project information from the agency and facilitates the required reporting to the State Information Technology Advisory Committee and the Legislative Information Technology Committee. The sponsoring agency is required to present project startup and closeout reports and ITD is required to present quarterly status reports to the IT Committee. [NDCC 54-59-05 (7), and Project Management Standard STD-009-05]
  • State Information Technology Advisory Committee (SITAC): SITAC receives and reviews information and status reports for major IT projects from each executive, legislative, and judicial branch agency. The sponsoring agency is required to notify SITAC of any budget or schedule variances of twenty percent or more including corrective actions being taken.[NDCC 54-59-23]
  • Legislative IT Committee: The IT Committee receives and reviews information for major IT projects from each executive, legislative, and judicial branch agency including a project startup report, budget and schedule variances, and a project closeout report. If the IT Committee determines that the project is at risk of failing to achieve its intended results, the committee may recommend to OMB the suspension of the expenditure of moneys appropriated for the project. [NDCC 54-35-15.2]

• IT Planning and Involving ITD in Project Origination
• IT Procurement Guidelines
• IT Procurement Matrix
• IT Procurement Standard
• IT Project Management

State law requires the OMB to establish legal notice standard rates NDCC 46-05-03.

OMB and the North Dakota Newspaper Association (NDNA) determine each newspaper’s legal notice line rate based on that newspaper’s column width, font size and font style. Each newspaper must use its rate as approved by OMB for publication of all legal notices.

If a newspaper changes column width, font size or font style the changes must be submitted to OMB for review. A new line rate will be calculated, if necessary. Legal Rates Form

If questions for OMB, please email the State Procurement Office.

State agencies may contact NDNA to place legal notices in any or all North Dakota newspapers, or contact newspapers directly.

Legal Rates

• 2021-23 Legal Notice Rates
• 2019-21 Legal Notice Rates
• 2018-19 Legal Publication Rates
• 2017-19 Legal Notice Rates

North Dakota Newspaper Association on-line legal notices: www.ndpublicnotices.newzgroup.com.

State agencies with questions about printing services can email Central Duplicating Services or call 701.328.3494.

• Central Printing and Mailing - State agencies may order printing and mailing services from Central Duplicating regardless of the dollar amount.
• Guidelines for State Procurement of Printing - Agencies have authority to procure printing less than $5,000. Printing $5,000 and over must be requested through the State Procurement Office.
• Printing Preference Law  NDCC 46-02-15 Requires printing to be awarded to a North Dakota bidder, if practicable.
• Submit your Printing Purchase Request using the State Procurement Office Work Request System. Agencies and institutions that do not have access to the SPO Work Request System should email the request to Central Duplicating Services. Contact Central Duplicating Services at 701.328.3494 for assistance.
• Templates - Use templates for print specifications and bids.

North Dakota has preference laws that must be applied when evaluating bids and proposals. The term "preference" as it relates to government purchasing is an advantage in consideration for award of a contract given to particular types of vendors. For questions, contact State Procurement Office or 701.328.2740.

State law requires the preference given to a resident North Dakota bidder be equal to the preference given or required by the state of the nonresident bidder. This is commonly called “reciprocal preference.” A bidder is “resident” if its maintains a bona fide place of business within North Dakota for at least one year prior to the date the contract was awarded (NDCC 44-08-02). When a bid or proposal is received from a nonresident bidder, determine whether the bidder’s state of residence has a preference law. State preference laws and regulations can be viewed by visiting the NASPO State Preference Repository.

Guidelines to North Dakota Purchasing Preference Laws

State agencies and institutions can purchase from state sources of supply without obtaining competition. Some sources are also available to political subdivisions.

• State Agencies and Government Entities  Purchase from correctional institutions and government entities. (NDCC 54-44.4-05.2)
• State Contracts - Contracts for common commodities and services.
• Rough Rider Industries (RRI) - All products made by RRI may be purchased directly by governmental and tribal agencies. (NDCC 12-48-03.1)
• Central Supply - Provides office supplies to state agencies.
• State Surplus Property - Distributes state and federal surplus property to state entities, political subdivisions, and eligible nonprofits.
• Central Duplicating - Provides printing and mailing services to state agencies.
• Information Technology Department - Provides a variety of IT services.

State law allows OMB to enter into cooperative purchasing agreements and purchase under contracts established by the federal General Services Administration, other government entities, and cooperative purchasing organizations. Submit an Alternate Procurement to State Procurement using the Purchasing Work Request System.  State Procurement must comply with the requirements of NDCC 54-44.4-13.

State law allows any state entity or political subdivision to contract directly with work activity centers (NDCC 25-16.2-01.1): “It is in the public interest to advance employment opportunities to individuals with disabilities so that those individuals may acquire job skills and training and gain greater independence and quality of life. This state is committed to promoting self-sufficiency, integrating individuals with disabilities into our communities, and maximizing the earning potential of individuals with disabilities.”

Current List of Work Activity Centers including the goods and services they offer.

A “work activity center” is a facility, licensed by the Department of Human Services, which is located in the state and operated by a nonprofit corporation organized for the primary purpose of employing and providing rehabilitative activities for individuals with physical disabilities, developmental disabilities, or chronic mental illnesses (NDCC 25-16.2-01).

If acceptable commodities or services are produced or provided by a work activity center at fair market price, any state entity or political subdivision may enter a contract to purchase directly from the work activity center without obtaining competition (NDCC 25-16.2-04).

For questions about work activity centers, please contact the State Procurement Office at 701.328.2683.

This federal program allows state and local units of government to access specific Government Services Administration (GSA) schedules for purchasing in support of counter drug, emergency response, or homeland security activities. Orders must be placed through the State Point of Contact (SPOC), who is selected by the Governor. Please contact the State Procurement Office at 701.328.1721 for questions.