North Dakota Administrative Code
Title 4 - Management and Budget, Office of
Article 4-12 - State Procurement Practices
Chapter 4-12-01 - General Rules
Section 4-12-01-02 - Definitions

The terms throughout this article have the same meaning as in North Dakota Century Code chapter 54-44.4, except:

1. "Approved vendor" means a person or business entity that has completed the registration requirements of North Dakota Century Code section 54-44.4-09 and been placed on the North Dakota state bidders list.

2. "Award" means the selection of a successful bidder or offeror for presentation of a purchase agreement or contract.

3. "Bidder" means a person or business entity that submits a response to an informal or formal bidding process.

4. "Bidders list" is the list of approved vendors that have completed the registration requirements of North Dakota Century Code section 54-44.4-09.

5. "Contractor" means a person or business entity having a contract with the state to furnish commodities or services for a certain price.

6. "Cooperative purchasing" means procurement conducted on behalf of two or more public procurement entities.

7. "Determination" means a document prepared by a procurement officer justifying the decision to take a certain action, including the reason or findings of fact and a conclusion.

8. "Director" means the director of the office of management and budget.

9. "Formal competition" means a solicitation process that requires bids or proposals to be submitted in a prescribed format in a sealed envelope, sealed package, or electronic means to be opened at a specified time.

10. "Informal competition" means a solicitation process that requests unsealed bids or proposals that may be conveyed by letter, telephone, or other means under conditions different from those required for formal competition.

11. "Negotiation" means to attempt resolution of an issue through conference, discussion, and agreement or compromise.

12. "Notice of intent to award" means notification that a bidder or offeror has been selected for award of a contract.

13. "Offeror" means a person or business entity that submits a response to an informal or formal request for proposal process.

14. "Procurement" means the process of purchasing, renting, leasing, or otherwise acquiring any commodities or services. This includes the process of acquisition, including description of requirements, solicitation of bids or proposals, evaluation and selection of sources, preparation and award of a contract, and all phases of contract administration.

15. "Procurement file" means a written record maintained by the purchasing agency that contains documents related to the origination, solicitation, award, contract, and contract administration, including written determinations and approvals.

16. "Protest" means a written objection by an interested party to a solicitation, intent to award a contract, or award of a contract with the intent of receiving a remedial result.

17. "Responsive bidder or offeror" means a vendor who has submitted a bid or proposal that conforms in material respects to the requirements stated in the solicitation.

18. "Sole source" means a noncompetitive procurement in which a particular person or business entity is identified as the only qualified source capable of supplying the commodity and service.

19. "Solicitation" means a request for bids or proposals to provide commodities or services.

20. "Statement of work" means a detailed description of work the purchasing agency wants the contractor to perform.

21. "Vendor" means a person or business entity that offers to sell commodities or services.

22. "Written directives" means directives, policies, procedures, guidelines, and standards issued by the director of the office of management and budget or designee under North Dakota Century Code chapter 54-44.4.

General Authority: NDCC 54-44.4-04

Law Implemented: NDCC 54-44.4-01, 54-44.4-02, 54-44.4-04, 54-44.4-05, 54-44.4-06, 54-44.4-09, 54-44.4-10