54-44.4-01. Declaration of policy - Definitions.
315 words·~1 min read·
/nd/title-54/chapter-54-44-4-state-purchasing-practices/54-44-4-01·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is state policy to provide comprehensive purchasing services based upon sound procurement practices and principles wherein, through full competition with fair and equal opportunity to all qualified persons to sell to the state, each state agency and institution shall obtain its necessary commodities and services at competitive cost, consistent with quality, time, and performance requirements, except as otherwise provided by law. As used in this chapter, unless the context requires otherwise:
1. "Commodities" means all property, including equipment, supplies, materials, printing,
insurance, and leases of equipment.
2. "Information technology" has the same meaning as provided in section 54-59-01.
3. "Procurement officer" means an individual duly authorized to enter and administer
purchasing contracts and make written determinations with respect thereto and also
includes an authorized representative acting within the limits of authority.
4. "Professional services" means those services requiring special knowledge, education,
or skills when the qualifications and experience of the individual rendering the services
are of primary importance and the individual is required to exercise professional
judgment. Professional services providers include appraisers, attorneys, accountants,
psychologists, physicians, dentists, planners, analysts, and consultants. The term
includes human services under which a person provides direct health or social welfare
services to the citizens on behalf of the state. The term does not include services
defined in section 54-44.7-01.
5. "Purchasing agency" means a governmental entity in the executive branch of
government other than the office of management and budget which is authorized by
this chapter, rules adopted under this chapter, written policy of the office of
management and budget, or by way of delegation from the office of management and
budget to enter purchasing contracts for commodities and services.
6. "Services" means the furnishing of labor, time, or effort by a contractor, not involving
the delivery of a specific end product other than reports that are merely incidental to
the required performance. The term includes professional services.