§ 54-44.4-12 — Resolution of protested solicitations and awards

North Dakota § 54-44.4-12

• Jurisdiction: North Dakota
• Title 54: State Government
• Ch. 54-44.4: State Purchasing Practices

Text

1. An interested party may protest the award of a contract, the notice of intent to award a
contract, or a solicitation for commodities or services by the office of management and
budget or purchasing agency under this chapter. The protest must be submitted in
writing or electronic mail communication to the procurement officer responsible for the
contract or solicitation within seven calendar days after the protestor knows or should
have known of the facts giving rise to the protest.
2. If a contract has been awarded, the procurement officer immediately shall give notice
of a protest to the contractor. In the case of pending award, a stay of award may be
requested. A stay must be granted unless a written determination is made that the
award of the contract without delay is necessary to protect the interests of the state.
3. If the protest is resolved by mutual agreement, the procurement officer shall send
written notice to the protestor confirming the mutually agreed upon resolution. If the
protest is not resolved by mutual agreement, the procurement officer shall, within
seven calendar days, send to the protestor a written decision containing the basis for
the decision and inform the protestor of the protestor's right to appeal under
subsection 5 of this section. The procurement officer may extend the protest review
period by no more than seven calendar days and shall send written notice to the
protestor of the extension.
4. The procurement officer shall promptly provide the office of management and budget
with a copy of the protest and the procurement officer's decision.
5. The protestor may file an appeal of the decision rendered by the procurement officer in
writing within seven calendar days after the protestor receives the decision rendered
by the procurement officer. The appeal must include a copy of the decision being
appealed and the basis for the appeal. An appeal of a decision rendered by a
procurement officer of a state agency or an institution that is not under the jurisdiction
of the state board of higher education, must be filed with the office of management and
budget. An appeal of a decision rendered by a procurement officer of an institution
under the jurisdiction of the state board of higher education must be filed in
accordance with policy established under subsection 5 of section 15-10-17. Within
seven calendar days the deciding authority shall send written notice of the appeal
decision to the protestor. The deciding authority may extend the appeal review period
by no more than seven calendar days. Notice of any extension shall be provided in
writing to the protestor.
6. Written notices required in this section may be accomplished by certified mail,
commercial delivery service with delivery confirmation, or by a delivery confirmation to
the electronic mail address used by the protestor to submit the protest.
54-44.4-13. Cooperative purchasing.
1. The office of management and budget shall purchase commodities or services as
requested by agencies and institutions of higher education and the legislative and
judicial branches of state government.
2. The office of management and budget and the agencies and institutions of higher
education shall make joint purchases of like commodities or services of high common
usage when the office of management and budget and the state board of higher
education determine it is in the best interest of the state.
3. An institution of higher education may establish a cooperative purchasing contract for
use limited to other institutions of higher education.
4. The director of the office of management and budget or the director's designee may
agree to purchase commodities or services under contracts entered into by the United
States general services administration or contracts of other government entities if it is
determined to be in the best interest of the state after consideration of price,
contractual terms and conditions, and the availability of competition.
5. The director of the office of management and budget or the director's designee may
participate in, sponsor, or administer a cooperative purchasing agreement with one or
more government entities or a nonprofit organization established on behalf of public

entities for the procurement of commodities or services in accordance with an
agreement entered into between the participants.
6. The director of the office of management and budget or the director's designee may
coordinate with the director of the department of transportation or the director's
designee to establish or participate in contracts which may be made available to
entities that have been determined by the department of transportation to be
transportation providers under chapter 39-04.2 eligible to receive state funds or federal
funds for public transportation.
7. Cooperative purchasing may include open-ended contracts that are available to other
government entities, nonprofit organizations established on behalf of public entities,
tribal agencies, transportation providers determined to be eligible under this section, or
the International Peace Garden established under chapter 55-05.
8. Before entering into a cooperative purchasing agreement under this section, the office
of management and budget must determine that the contracts were awarded through
full and open competition or source selection methods specified in section 54-44.4-05
and shall send notice to the bidders list of the office's intent to make a cooperative
purchase in accordance with this chapter.