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Code · North Dakota · Title 54 · Chapter 54-44.4 — State Purchasing Practices

54-44.4-13.2. Multiple award vendor pool contracts - Indefinite-delivery, indefinite-

258 words·~1 min read·/nd/title-54/chapter-54-44-4-state-purchasing-practices/54-44-4-13-2·

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quantity - Multistep competition.
1. The office of management and budget, in coordination with the state board of higher
education and the information technology department, shall develop guidelines for
establishing multiple award vendor pool contracts, including cooperative purchasing
contracts under section 54-44.4-13. Multiple award vendor pool contracts establish
indefinite-delivery, indefinite-quantity primary contracts with service providers including
hourly rates for various services, unit prices for deliverable products, and provisions for
price adjustments. The guidelines must establish thresholds at which a purchasing
agency or institution may purchase directly from a service provider within the vendor
pool or must obtain secondary competition by soliciting bids or proposals limited to
service providers within the vendor pool. A purchasing agency or institution
establishing a multiple award vendor pool contract or making a purchase from a
vendor pool contract shall comply with guidelines established under this section.
2. A multiple award vendor pool primary contract term may not exceed a total contract
length of five years, including renewals and extensions, unless prior written approval is
obtained as set forth in the guidelines. The work performed under an awarded
secondary contract must be completed within the contract term of the primary vendor
pool contract.
3. The purchasing agency or institution making a purchase from a vendor pool contract
shall prepare a statement of work for the entire project describing the needed services
to determine the level of competition required. The purchasing agency or institution
may not artificially fragment requirements or make serial noncompetitive purchases
from service providers within the vendor pool to circumvent competition requirements.
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