NDAC 4-12-06-02
Restrictive specifications to be avoided
Cite as N.D. Admin. Code ยง 4-12-06-02
1.
Specifications should encourage competition in meeting the state's needs and may not be
restrictive. Restrictive specifications are contrary to the policy of the state and should be
avoided.
2.
Standard commercial commodities will be specified whenever possible.
3.
A specification is restrictive when the specifications, requirements, restrictions, or conditions
have the effect of limiting responses to only one brand, make, source of supply, or service
provider and have no reasonable relation to the actual needs of the purchasing agency.
4.
When only one brand, make, source of supply, or service provider can meet the specifications
in a competitive solicitation, the procurement officer must make a determination regarding
whether the specification was restrictive.
5.
Award is subject to the approval requirements for limited and noncompetitive procurements in
chapter 4-12-09.