Guidelines, Rules and Laws

Medium State Procurement Guidelines The State Procurement Guidelines have been updated to reflect August 1, 2025 legislative changes: State Procurement Competition Thresholds, July 1, 2025. State Procurement Manual , August 1, 2025 Vendor Pool Contract Competition Matrix , August 1, 2025 Vendor Pool Contract Guidelines , August 1, 2025 Major IT and ESC Law Change , August 1, 2025 Contact the State Procurement Office at infospo@nd.gov or 701-328-2740 for questions or suggestions for improvement regarding these guidelines. Additional Resources Attorney General Contract Drafting and Review Manual Freight Matrix Guidelines to IT Procurement , August 2025 Guidelines of Environmentally Preferable Procurement , August 2025 Contractual Risk Guidelines to North Dakota Purchasing Preference Laws , August 2023 Guidelines to Print Procurement , August 2025 Guidelines to Vendor Registration , August 2025 Purchasing Card Manual Request for Proposal (RFP) Evaluator's Guide , August 2023 Templates – See ND Team Connect. Contact infospo@nd.gov or 701-328-2740 for assistance if you do not have access to ND Team Connect. Public Improvement-Architect Engineering-Concessions Matrix (updated 07/28/2023) COMPETITION REQUIREMENTS PUBLIC IMPROVEMENT N.D.C.C. Chapter 48-01.2 $200,000 threshold for bidding. $200,000 threshold for procuring plans, drawings, specifications from an architect or engineer. Must advertise by publishing 3 consecutive weeks at least 21 days before the bid opening. Emergency exception N.D.C.C. § 48-01.2-04 Chapter 48-02.1 Infrastructure Development By Private Operators Commonly referred to as Public Private Partnership (PPP) ARCHITECT, ENGINEER, CONSTRUCTION MANAGEMENT, and LAND SURVEYING SERVICES NDCC Chapter 54-44.7 Commonly called a “Request for Qualifications (RFQ) selection process. Direct negotiation permitted for projects not to exceed $35,000. Fees paid during a 12-month period by a single agency to any one firm may not exceed $70,000. Projects over the thresholds must be noticed and evaluated pursuant to N.D.C.C. § 54-44.7-03. Splitting projects to circumvent competition prohibited. CONCESSIONS NDCC Chapter 48-09 Exception for ND Fair Association or Board of County Park Commissioners. Advertising in official newspaper required, if concession has estimated annual value of $25,000. Advertise in the official newspaper for 3 consecutive weeks. Higher Education Purchasing OMB and the University System coordinate on purchasing policies pursuant to N.D.C.C. Chapter 54-44.4 and N.D.C.C. § 15-10-17 (5) . ​North Dakota University System Purchasing Procedures State Board of Higher Education Policies Procurement Advisory Council The Procurement Advisory Council is established under N.D.A.C. § 4-12-02-03 to discuss procurement practices, recommendations for improvement of the state procurement process, and advise the state procurement manager regarding statewide procurement policies, standards, and guidelines. For more information, contact infospo@nd.gov or call 701-328-2740. Medium Procurement Rules - North Dakota Administrative Code (NDAC) NDAC 4-12 NDAC 4-12-01 General Rules NDAC 4-12-02 Procurement Organization and Leadership NDAC 4-12-03 Delegation of Purchasing Authority NDAC 4-12-04 Ethics in Public Procurement NDAC 4-12-05 Bidders List NDAC 4-12-06 Specifications for Commodities and Services NDAC 4-12-07 Managing Contractual Risk NDAC 4-12-08 Competitive Solicitation Methods NDAC 4-12-09 Limited Competition, Non competitive, and Emergency Procurements NDAC 4-12-10 Mistake in Bids or Proposals NDAC 4-12-11 Evaluation of Bids or Proposals NDAC 4-12-12 Contract Negotiations NDAC 4-12-13 Contract Administration NDAC 4-12-14 Resolution of Protested Solicitations and Awards NDAC 4-12-15 Intergovernmental Relations NDAC 4-12-16 Printing Procurement Law - North Dakota Century Code (NDCC) NDCC 54-44 - Office of Management and Budget 54-44-04. Powers and duties of the director of the office of management and budget. Items 18, 19, 20, 21 NDCC 54-44.4 - State Purchasing Practices 54-44.4-01. Declaration of policy - Definitions. 54-44.4-01.1. Elected officials - Bidder - Communication. 54-44.4-02. Office of management and budget purchasing services. 54-44.4-02.1. Procurement of services. 54-44.4-02.2. Specified exempt commodities and services - Report to the budget section. 54-44.4-03. Director of the office of management and budget may delegate purchasing authority. 54-44.4-04. Office of management and budget - Rules. 54-44.4-05. Competitive, limited competitive, noncompetitive, and negotiated purchases - Exempt records. 54-44.4-05.1. Resolution of tie bids or proposals. 54-44.4-06. All purchases to be made in accordance with specifications - Multi step sealed bids. 54-44.4-07. Procurement of environmentally preferable products. 54-44.4-08. Purchase of recycled paper products. 54-44.4-09. Bidders list. 54-44.4-09.1. Secretary of state registration. 54-44.4-10. Competitive sealed proposals - Exempt Records. 54-44.4-11. Small purchases. 54-44.4-12. Resolution of protested solicitations and awards. 54-44.4-13. Cooperative purchasing. 54-44.4-13.1. Purchases - Payment. 54-44.4-13.2 Multiple award vendor pool contracts - Indefinite-delivery, - Indefinite (1) quantity - Multistep competition. 54-44.4-14. Procurement information - Website. 54-44.4-15. Purchasing contracts – Prohibition – Israel boycott. NDCC 54-44.7 - State Government - Office of Management and Budget - Architect, Engineer and Land Surveying Services 54-44.7-01. Definition. 54-44.7-02. Applicability - Policy. 54-44.7-03. Procurement Procedures. 54-44.7-04. Exception. 54-44.7-05. Splitting projects or services contracts prohibited. NDCC 54-59 - Information Technology Department 54-59-32. Major information technology projects - Appointment of executive steering committees. State Printing and Newspaper Legal Notice Laws NDCC 46-01 - Printing Laws - Supervision of State Printing 46-01-01. Office of management and budget to purchase printing. 46-01-02. Printing duties of office of management and budget. NDCC 46-02 - Printing Laws - Printing and Binding General Provisions 46-02-01. Printing and binding - Duties of the office of management and budget. 46-02-04. Classes of printing. 46-02-05. Proposals for printing - Classifications 1, 2, and 4 - Form, style, quantity, timing specifications. 46-02-06. Opening of bids - Awards. 46-02-07. Proposals - How made. 46-02-08. Bids - When received - Not changed. 46-02-09. Printing classifications 3 and 6 - Procured by the office of management and budget - Exceptions. 46-02-10. Printing and binding done without unnecessary delay - Time within which laws and public documents must be delivered - How extension granted. 46-02-12. The office of management and budget - Inferior printing and work. 46-02-15. Public printing resident bidder preference. 46-02-17. Serial numbering of forms - Penalty. 46-02-20. In-plant print shops. Repealed by S.L. 2023, ch. 402, § 2. NDCC 46-05 - Printing Laws - Newspapers 46-05-01. Newspapers qualified to do legal printing - File copies with state historical society - Publishing notices in adjoining county. 46-05-03. Legal notices - Fees. 46-05-04. Rates and methods of computation applicable to legal notices and publications generally. 46-05-06. Legal notices - Penalty for violations in printing. 46-05-07. Publications of county meeting and notices. 46-05-09. Publication of legal notices on website. NDCC 46-06 Official Newspaper 46-06-09. Publications required to be made in official newspaper. 46-06-10. When publication null and void. Cooperative Purchasing Laws City Commissioners – NDCC 40-05-01(52) and 40-05-25 . County Commissioners Board – NDCC 11-11-14 (4) and 11-11-69 Joint Powers Agreement - NDCC 54-40.3 and 54-44.4-13 . North Dakota University System Institutions – NDCC 15-10-28 and 54-44.4-13 Office of Management and Budget - NDCC 54-44.4-13 . Park Commissioners Board – NDCC 40-49-12 School Boards – NDCC 15.1-09-34 Other Purchasing Laws Medium h2 Other Purchasing Laws NDCC 12-48-03.1 - Rough Rider Industries NDCC 12-48-03.1 - Rough Rider Industries NDCC 21-06 - Governmental Finance - Miscellaneous Provisions NDCC 21-06 - Governmental Finance - Miscellaneous Provisions 21-06-08 - Authority to contract with the federal government - Delegation of authority. NDCC 25-16.2 - Work Activity Center Contract Awards NDCC 25-16.2 - Work Activity Center Contract Awards 25-16.2-01 - Work activity center - Definition. 25-16.2-01.1 - Purpose. 25-16.2-02 - Direct bidding with work activity centers for highway grade stakes. 25-16.2-03 - Contract requirement. 25-16.2-04 - Direct purchase from work activity centers. NDCC 32-12.2 - Claims Against the State NDCC 32-12.2 - Claims Against the State 32-12.2-17. Indemnification and insurance requirements in state contracts. NDCC 44-08 - Offices and Officers - Miscellaneous Provisions NDCC 44-08 - Miscellaneous Provisions 44-08-01. Competitive purchasing required. 44-08-01.1. Bids to be sealed - Designation of time and place for opening. 44-08-02. Resident North Dakota bidder, seller, and contractor defined. NDCC 48-01 - Public Buildings NDCC 48-01 - Public Buildings 48-01.2 Public Improvement Contract Bids. NDCC 48-01.2 - Public Improvement Bids & Contracts NDCC 48-01.2 - Public Improvement Bids & Contracts NDCC 48-09 - Concessions NDCC 48-09 - Concessions 48-09-01. Granting of concessions for cafes, restaurants, and confectioneries on public buildings and grounds. 48-09-02. Concession advertised in legal newspaper. 48-09-03. Security required of successful bidder. 48-09-04. Rules and regulations - Cancelation of contract. 48-09-05. Penalty. NDCC 54-59 - Information Technology NDCC 54-59 - Information Technology Department 54-59-32. Major Information Technology Projects - Appointment of executive steering committees.

Medium State Procurement Guidelines The State Procurement Guidelines have been updated to reflect August 1, 2025 legislative changes: State Procurement Competition Thresholds, July 1, 2025. State Procurement Manual , August 1, 2025 Vendor Pool Contract Competition Matrix , August 1, 2025 Vendor Pool Contract Guidelines , August 1, 2025 Major IT and ESC Law Change , August 1, 2025 Contact the State Procurement Office at infospo@nd.gov or 701-328-2740 for questions or suggestions for improvement regarding these guidelines. Additional Resources Attorney General Contract Drafting and Review Manual Freight Matrix Guidelines to IT Procurement , August 2025 Guidelines of Environmentally Preferable Procurement , August 2025 Contractual Risk Guidelines to North Dakota Purchasing Preference Laws , August 2023 Guidelines to Print Procurement , August 2025 Guidelines to Vendor Registration , August 2025 Purchasing Card Manual Request for Proposal (RFP) Evaluator's Guide , August 2023 Templates – See ND Team Connect. Contact infospo@nd.gov or 701-328-2740 for assistance if you do not have access to ND Team Connect. Public Improvement-Architect Engineering-Concessions Matrix (updated 07/28/2023) COMPETITION REQUIREMENTS PUBLIC IMPROVEMENT N.D.C.C. Chapter 48-01.2 $200,000 threshold for bidding. $200,000 threshold for procuring plans, drawings, specifications from an architect or engineer. Must advertise by publishing 3 consecutive weeks at least 21 days before the bid opening. Emergency exception N.D.C.C. § 48-01.2-04 Chapter 48-02.1 Infrastructure Development By Private Operators Commonly referred to as Public Private Partnership (PPP) ARCHITECT, ENGINEER, CONSTRUCTION MANAGEMENT, and LAND SURVEYING SERVICES NDCC Chapter 54-44.7 Commonly called a “Request for Qualifications (RFQ) selection process. Direct negotiation permitted for projects not to exceed $35,000. Fees paid during a 12-month period by a single agency to any one firm may not exceed $70,000. Projects over the thresholds must be noticed and evaluated pursuant to N.D.C.C. § 54-44.7-03. Splitting projects to circumvent competition prohibited. CONCESSIONS NDCC Chapter 4