NDAC 4-12-12-01
General provisions for negotiations
Cite as N.D. Admin. Code ยง 4-12-12-01
1.
Discussions may be conducted in connection with competitive sealed proposals,
noncompetitive, or emergency procurements. This means an exchange of information or other
manner of negotiation during which the offeror and the procurement officer may alter or
otherwise change the conditions, terms, and price of the proposed contract.
2.
Negotiation of proposals, noncompetitive, and emergency purchases provides the
procurement officer an opportunity to make certain that the bidder or offeror fully understands
the solicitation requirements and provides an opportunity to make clarifications, when
necessary, to ensure responsiveness to the solicitation. Price discussions can best be
conducted when there is a mutual understanding of the contractual requirements.
3.
Clarifications are intended to promote exchanges between the procurement officer and an
offeror that may occur when an award is contemplated without discussions, for example, to
resolve minor or clerical errors or ambiguities in proposals.