54-44.4-14. Procurement information - Website.
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/nd/title-54/chapter-54-44-4-state-purchasing-practices/54-44-4-14·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. The office of management and budget shall establish and maintain a procurement
information website on the internet. This procurement information website must
provide current information regarding North Dakota government procurement
opportunities in order to inform potential vendors of the commodities and services
sought by state agencies and institutions. Notwithstanding section 54-44.4-09, for
each purchase of services or commodities over the amount established for small
purchases, the office of management and budget and every purchasing agency shall
provide procurement information on the website. The time period and manner of
providing procurement information on the website must be in accordance with rules
adopted by the office of management and budget. The office of management and
budget may contract with a third party to assist in providing or maintaining the
procurement information website. 2. In addition to other notice requirements provided by law, a state agency or institution
may elect to issue solicitation notices on the procurement information website for the
purchase of services and commodities that are not subject to the procurement
requirements of this chapter, including:
a. Commodities and services exempted under section 54-44.4-02;
b. Public improvements under title 48;
c. Architect, engineer, construction management, and land surveying services under
chapter 54-44.7; and
d. Concessions under chapter 48-09. 3. The office of management and budget shall establish and maintain a standardized
procedure for the submission of electronic bids and proposals through the
procurement information website. The office of management and budget, in
consultation with the office of the attorney general, shall develop standardized
solicitation documents. The documents must be made available on the procurement
information website. When drafting a solicitation, the office of management and budget
and purchasing agencies shall use their best efforts to minimize the length of the
solicitation by ensuring only those sections from the standardized solicitation
documents applicable to the procurement are included. 4. The office of management and budget may make the procurement information website
available to government entities, including political subdivisions of the state and public
schools, for the purpose of issuance of solicitation notices that are in addition to any
other notice requirements provided by law.
54-44.4-15. Purchasing contracts - Prohibition - Israel boycott. 1. As used in this section:
a. "Boycott Israel" means engaging in refusals to deal, terminating business
activities, or other similar commercial actions intended to limit commercial
relations with persons doing business in Israel or in Israeli-controlled territories
when the actions are taken:
(1)In compliance or adherence to calls for a boycott of Israel, other than those
boycotts under Public Law No. 96-72 [50 U.S.C. 2407(c)]; or
(2)In a manner that discriminates on the basis of nationality, national origin, or
religion.
b. "Company" means any organization, association, corporation, partnership, joint
venture, limited partnership, limited liability company, or other entity or business
association, including a wholly owned subsidiary, majority-owned subsidiary,
parent company, or affiliate. 2. A state entity that enters a contract that includes a provision prohibiting discrimination
shall require the contract to include a provision prohibiting a party to the contract from
boycotting Israel for the duration of the contract. The office of management and budget
or purchasing agency may waive the requirement in this subsection if the waiver is in
the best interest of the state. A waiver under this subsection may not affect the
enforceability of a contract. 3. If the state receives evidence that a company boycotts Israel, the state shall determine
whether the company boycotts Israel. If accompanied by the conduct described under
subsection 1, a company statement that indicates the company is participating in a
boycott of Israel or has taken boycott action at the request, in compliance with, or in
furtherance of calls for a boycott of Israel, may be considered as one type of
evidence that the company is participating in a boycott of Israel. An expressive
activity, alone, directed at a specific person or a governmental action may not be
considered evidence of a boycott of Israel. 4. This section does not apply to:
a. A contract with a value of less than one hundred thousand dollars; or
b. A contract with a company that has fewer than ten full-time employees.