North Dakota Administrative Code
Title 4 - Management and Budget, Office of
Article 4-12 - State Procurement Practices
Chapter 4-12-06 - Specifications for Commodities and Services
Section 4-12-06-02 - Restrictive specifications to be avoided

1. Specifications should encourage competition in meeting the state's needs and may not be restrictive. Restrictive specifications are contrary to the policy of the state and should be avoided.

2. Standard commercial commodities will be specified whenever possible.

3. A specification is restrictive when the specifications, requirements, restrictions, or conditions have the effect of limiting responses to only one brand, make, source of supply, or service provider and have no reasonable relation to the actual needs of the purchasing agency.

4. When only one brand, make, source of supply, or service provider can meet the specifications in a competitive solicitation, the procurement officer must make a determination regarding whether the specification was restrictive.

5. Award is subject to the approval requirements for limited and noncompetitive procurements in chapter 4-12-09.