purchasing

North Dakota Resident Bidder Preference

Revised August 14, 2024

North Dakota Century Code

Title 44. Offices and Officers

Chapter 44-08 . Miscellaneous Provisions

§ 44-08-01.1. Bids to be sealed - Designation of time and place for opening - Preference for tie bids

Notwithstanding any other provisions of the North Dakota Century Code, the governing bodies of the political subdivisions of the state of North Dakota shall accept only sealed bids, whenever by law or administrative decision they are required to call for, advertise, or solicit bids for the purchase of personal property and equipment. Whenever a political subdivision of this state calls for, advertises, or solicits sealed bids, it shall designate a time and place for the opening of such bids. If all of the bids are not rejected, the purchase must be made from the bidder submitting the lowest and best bid meeting or exceeding the specifications set out in the invitation for bids. In the event that two or more bids contain identical pricing or receive identical evaluation scores, preference must be given to bids submitted by North Dakota vendors.

§ 44-08-02. Resident North Dakota bidder, seller, vendor, offeror, and contractor defined

The term "a resident North Dakota bidder, seller, vendor, offeror, or contractor", unless the context clearly provides otherwise, means a bidder, seller, vendor, offeror, or contractor who has maintained a bona fide place of business within this state for at least one year prior to the date on which a contract was awarded.

North Dakota Century Code

Title 46. Printing Laws

Chapter 46-02 . Printing and Binding, General Provisions

§ 46-02-15. Public printing resident bidder preference

If practicable, all state, county, and other political subdivision public printing, binding, and blank book manufacturing, blanks, and other printed stationery must be awarded to a resident North Dakota bidder as defined in section 44-08-02.

North Dakota Century Code

Title 48. Public Buildings

Chapter 48-05 . General Regulations

§ 48-05-02.1. Purchase of coal by the state and political subdivisions

The state and all of its institutions, all political subdivisions, and all public schools, when purchasing coal for heating purposes, shall give preference to bidders supplying coal mined in North Dakota if such coal, on an aggregate basis, will provide equivalent British thermal units of heating value in comparison to coal mined elsewhere, if the total bid price of the coal mined in North Dakota and delivered is not higher than the total bid price of coal mined elsewhere and delivered, and if state air pollution permits to operate would not limit the use of North Dakota coal due to emissions limits. In evaluating the comparable price of North Dakota coal versus other coal, the state and its institutions, political subdivisions, and public schools may include any ash handling costs that may be associated with the use of North Dakota coal. The state or any of its institutions, any political subdivision, or any public school, when advertising for or reviewing bids for the purchase of coal for heating purposes, may not mandate the use of any particular type of coal or the region where the coal is to be mined.

North Dakota Century Code

Title 54. State Government

Chapter 54-44.4. State Purchasing Practices

§ 54-44.4-05.1. Resolution of tie bids or proposals

In the event that two or more bids or proposals contain identical pricing or receive identical evaluation scores, preference must be given to a resident North Dakota bidder, seller, vendor, offeror, or contractor as defined in section 44-08-02 .

North Dakota Administrative Code

Title 4. Office of Management and Budget

Article 4-12 . State Procurement Practices

Chapter 4-12-11 . Evaluation of Bids or Proposals

4-12-11-02. Application of preference for North Dakota vendors

When considering bids or proposals from nonresident vendors, the procurement officer must determine whether the vendor's state of residence has a preference law. The state procurement office shall make publicly available a listing of state preference laws. The preference given to North Dakota bidders must be equal to the preference given or required by the state of the nonresident bidder, in accordance with North Dakota Century Code section 44-08-01.

4-12-11-05. Tie bids or proposals.

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.