§ 44-08-01 — Competitive purchasing required

The office of management and budget, any other state entity, and the governing body
of any political subdivision of the state in specifying or purchasing any goods,
merchandise, supplies, or equipment, may not specify any trademarked or copyrighted
brand or name, nor the product of any one manufacturer, nor any patented product,
apparatus, device, or equipment, when the same will prevent proper competition,
unless bidders also are asked for bids or offers upon other articles of like nature, utility,
and merit. When it is advantageous that the purchase be of a particular brand of
product or products of a particular manufacturer to the exclusion of competitive brands
or manufacturers, the purchasing board or entity must document those circumstances
and provide written justification for the proprietary specification or purchase. The
purchasing board or entity shall procure the proprietary product through a competitive
process unless the needed product is available exclusively from one source of supply
or other circumstances exist under which competition can be waived.