North Dakota Administrative Code
Title 4 - Management and Budget, Office of
Article 4-12 - State Procurement Practices
Chapter 4-12-08 - Competitive Solicitation Methods
Section 4-12-08-10 - Presolicitation, prebid, or preproposal conferences and site inspections

Current through Supplement No. 394, October, 2024

1. A presolicitation conference may be held prior to issuing a competitive sealed solicitation to obtain comments and suggestions about the draft solicitation. The purchasing agency may invite specific selected potential bidders or offerors or provide public notice of the presolicitation conference. Attendance at such conference may not be made mandatory as a condition for submitting a bid or proposal.

2. A prebid or preproposal conference or site inspection may be scheduled in a solicitation to be conducted prior to the submission of sealed bids, sealed proposals, or unpriced technical offers in response to a multistep process. Adequate notice of the conference must be given to all potential bidders or offerors.

a. The prebid or preproposal conference or site inspection may be made mandatory as a prerequisite for submitting a bid or proposal if the information provided at the conference is necessary to adequately prepare a bid or proposal and cannot be otherwise provided to prospective bidders or offerors.

b. If attendance is made mandatory in the solicitation, only those bidders or offerors in attendance are eligible to submit bids or proposals.

c. After the prebid or preproposal conference or site inspection, questions raised and answers along with any changes made to the solicitation must be disseminated to potential bidders or offerors through a solicitation amendment. If attendance at the conference or site inspection was made mandatory, notice of the amendment may be limited to eligible bidders or offerors.

General Authority: NDCC 54-44.4-04

Law Implemented: NDCC 54-44.4-01, 54-44.4-04

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