Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1269
(Representative Schreiber-Beck)
AN ACT to amend and reenact sections 54-44.4-02 and 54-44.6-02 of the North Dakota Century Code,
relating to procurement exemptions and an exemption from forms management requirements
for the North Dakota center for distance education.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 54-44.4-02 of the North Dakota Century Code is amended and
reenacted as follows:
54-44.4-02. Office of management and budget purchasing services.
1.The office of management and budget shall purchase or lease or otherwise arrange for the
procurement, for all state agencies and institutions in the executive branch of state
government, all materials, furniture, fixtures, printing, insurance, services, and other
commodities. The International Peace Garden may participate in the procurement authorized
by this section. The following commodities and services, however, are not subject to the
procurement requirements of this chapter:
1.a.Land, buildings, space, or the rental thereof.
2.b.Telephone and telegraph service and electrical light and power services.
3.c.Public books, maps, periodicals, resource materials, and technical pamphlets.
4.d.Department of transportation materials, equipment, and supplies in accordance with
section 24-02-16.
5.e.Procurements by the industrial commission for energy-related 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.
6.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.
7.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.
a.(1)Emergency purchases made under this subsection must treat all bidders fairly and
promote competition as is practicable under the circumstances;.
b.(2)The procurement file must contain a written determination of:
(1)(a)The basis for the emergency; and
(2)(b)The basis for the selection of the particular contractor. H. B. NO. 1269 - PAGE 2
c.(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.
d.(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.
e.(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.
8.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.
9.i.Specified commodities and services as determined by written directive by the director of
the office of management and budget.
10.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.
11.k.Services to extract, tow, store, and dispose of abandoned or submerged vehicles as
defined in chapter 23.1-15.
12.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.
13.m.Contracts by the state auditor for audits of computer systems under section 54-10-29.
14.n.Contracts by the attorney general with experts under section 10-33-145.
15.o.Contracts by the department of health and human services for online virtual mental
health and suicide prevention simulation-based training programs under subsection 28 of
section 50-06-05.1 and brain injury informal supports under section 50-06.4-07.
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.
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.
SECTION 2. AMENDMENT. Section 54-44.6-02 of the North Dakota Century Code is amended and
reenacted as follows:
54-44.6-02. Definitions.
As used in this chapter, unless the context or subject matter otherwise requires: H. B. NO. 1269 - PAGE 3
1."Agency" means any department, office, commission, board, or other unit, however
designated, of the executive branch of state government. The term does not include the North
Dakota center for distance education.
2."Form" means any document designed to record information and containing blank spaces and
which may contain headings, captions, boxes, or other printed or written devices to guide the
entry and interpretation of the information. H. B. NO. 1269 - PAGE 4
____________________________ ____________________________
Speaker of the House President of the Senate
____________________________ ____________________________
Chief Clerk of the House Secretary of the Senate
This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
Assembly of North Dakota and is known on the records of that body as House Bill No. 1269.
House Vote: Yeas 89 Nays 0 Absent 5
Senate Vote:Yeas 46 Nays 1 Absent 0
____________________________
Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State