54-44.4-13. Information technology procurements, including purchases under this
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section, are subject to the requirements of chapter 54-59 and policies, standards, and guidelines established pursuant to section 54-59-09. The following commodities and services are not subject to the competitive procurement requirements of this chapter: a. Land, buildings, space, or the rental thereof, in accordance with sections
54-21-24.1 and 54-44.1-16. b. Telephone and telegraph service and electrical light and power services. c. Public books, maps, periodicals, resource materials, and technical pamphlets. d. Department of transportation materials, equipment, and supplies in accordance
with section 24-02-16. e. Energy-related procurements by the industrial commission for programs under
chapters 17-05, 54-17.5, 54-17.6, 54-17.7, 54-63, and 54-63.1 and under those
statutes in title 38 authorizing the industrial commission to perform well and hole
pluggings, reclamation work, equipment removal, leak prevention, and similar
work.
f. Services for the maintenance or servicing of equipment by the manufacturer or
authorized servicing agent of that equipment when the maintenance or servicing
can best be performed by the manufacturer or authorized service agent, or when
such a contract would otherwise be advantageous to the state. g. Emergency purchases the office of management and budget or a purchasing
agency cannot make within the required time and which involve public health or
public safety, or when immediate expenditures are necessary for repairs of state
property to protect it against further loss or damage, or to prevent or minimize
serious disruption in state services.
(1)Emergency purchases made under this subsection must treat all bidders
fairly and promote competition as is practicable under the circumstances.
(2)The procurement file must contain a written determination of:
(a)The basis for the emergency; and
(b)The basis for the selection of the particular contractor.
(3)If the emergency circumstances warrant a noncompetitive purchase, the
office of management and budget or the purchasing agency shall document
within the procurement file a written determination of the basis for the
noncompetitive purchase, including the circumstances that justified the
noncompetitive purchase.
(4)If the emergency purchase is subject to federal funding reimbursement, the
office of management and budget or the purchasing agency shall ensure the
procurement procedures and documentation are adequate to satisfy
requirements for federal reimbursement.
(5)If time allows, emergency purchases for commodities under this subsection
may require a sample for use in determining whether an offered product
meets specifications. h. Commodities and services costing less than a specified amount as determined by
written directive by the director of the office of management and budget.
i. Specified commodities and services as determined by written directive by the
director of the office of management and budget.
j. Employee benefit services, trust-related services, and investment management
services obtained by an agency with a fiduciary responsibility regarding those
services. Nothing in this subsection may be construed to allow an agency to
create or renew a contract perpetually and without limitation. k. Services to extract, tow, store, and dispose of abandoned or submerged vehicles
as defined in chapter 23.1-15.
l. Contracts by the agriculture commissioner for agricultural market news services
under cooperative agreements with the United States department of agriculture,
ombudsmen for pipeline restoration under section 4.1-01-17, environmental
impact mitigation services under section 4.1-01-21.1, ombudsmen for wind
property issues under section 4.1-01-23, weed control inspection agents under
section 4.1-14-02, and hemp testing under section 4.1-18.1-04.2.
m. Contracts by the state auditor for audits of computer systems under section
54-10-29.
n. Contracts by the attorney general with experts under section 10-33-145.
o. Contracts by the department of health and human services for mental health and
suicide prevention training programs, brain injury informal supports, and other
training and related materials for individuals receiving assistance or services and
employees, contractors, or professionals providing assistance or services under
programs administered by or under the supervision and direction of the
department of health and human services.
p. Contracts by the North Dakota center for distance education for educational
content, educational technology tools, and related services for virtual delivery of
education to students in kindergarten through grade twelve.
q. Contracts by the department of public instruction with a regional education
association under section 15.1-09.1-02.1.
r. Expenditures by a state agency or institution for direct media placement,
including a billboard or signage, with a newspaper or newspaper industry
association, magazine or other publication, radio or television station, digital
media provider, or venue.
2. All purchases made by the office of management and budget or a state agency or
institution to which authority to purchase has been delegated by the office of
management and budget must be made in accordance with this chapter, rules adopted
under this chapter, and written policies of the office of management and budget.