North Dakota

N.D. CENT. CODE Section 54-44.4-13. Cooperative Purchasing

 

1. The office of management and budget shall purchase commodities or services as

requested by agencies and institutions under the jurisdiction of the state board of

higher education and the legislative and judicial branches of state government.

 

2. The office of management and budget and the agencies and institutions under the

jurisdiction of the state board of higher education shall make joint purchases of like

commodities or services of high common usage when the office of management and

budget and the state board of higher education determine it is in the best interest of

the state.

 

3. The director of the office of management and budget or the director’s designee may

agree to purchase commodities or services under contracts entered into by the United

States general services administration or contracts of other government entities if it is

determined   to   be   in   the   best   interest   of   the   state   after   consideration   of   price,

Page No. 6contractual terms and conditions, and the availability of competition from approved

vendors under section 54-44.4-09.

 

4. The director of the office of management and budget or the director’s designee may

participate in, sponsor, or administer a cooperative purchasing agreement with one or

more government entities or a nonprofit organization established on behalf of public

entities   for   the   procurement   of   commodities   or   services   in   accordance   with   an

agreement entered into between the participants.

 

5. The director of the office of management and budget or the director’s designee may

coordinate   with   the   director   of   the   department   of   transportation   or   the   director’s

designee to establish or participate in contracts which may be made available to

entities   that   have   been   determined   by   the   department   of   transportation   to   be

transportation providers under chapter 39-04.2 eligible to receive state funds or federal

funds for public transportation.

 

6. Cooperative purchasing may include open-ended contracts that are available to other

government entities,  nonprofit organizations established on behalf of public entities,

tribal agencies, or transportation providers determined to be eligible under this section.

 

7. Before entering into a cooperative purchasing agreement under this section, the office

of management and budget must determine that the contracts were awarded through

full and open competition or source selection methods specified in section 54-44.4-05

and shall send notice to approved vendors of the office’s intent to make a cooperative

purchase in accordance with this chapter.