North Dakota Administrative Code
Title 4 - Management and Budget, Office of
Article 4-12 - State Procurement Practices
Chapter 4-12-11 - Evaluation of Bids or Proposals
Section 4-12-11-05 - Tie bids or proposals

Universal Citation: ND Admin Code ยง 4-12-11-05

Current through Supplement No. 394, October, 2024

In the event of a tie bid or proposal, the procurement officer will ensure that any applicable preference has been applied to price in accordance with North Dakota Century Code section 44-08-01. If a tie remains, award shall be determined as follows:

1. If the tie is between an approved vendor and vendor that is not approved, preference will be given to the approved vendor in accordance with North Dakota Century Code section 54-44.4-09.

2. If the solicitation specified delivery as soon as possible, the bid or proposal with the earliest delivery time will be accepted. In all other cases, delivery time will not be considered in making award, provided the bid or proposal states that delivery can be made within the required time.

3. If a tie remains, a split award may be made or award will be made through a random drawing.

General Authority: NDCC 54-44.4-04

Law Implemented: NDCC 44-08-01, 54-44.4-04, 54-44.4-05, 54-44.4-09, 54-44.4-10

Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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