NDAC 4-12-12-02
Ethical standards for negotiations
Cite as N.D. Admin. Code ยง 4-12-12-02
1.
When discussions or negotiations are contemplated after the receipt of proposals that are
expected to lead to the revision of proposals or to best and final offers, fair and equitable
treatment of competitors dictates that negotiations be conducted in accordance with ethical
business standards.
2.
Auction techniques are prohibited in discussions with offerors under the competitive sealed
proposal method.
3.
Prices; technical solutions; unique technologies; innovative use of commercial items, design,
construction, or operating techniques; or other aspects of proposals submitted by one offeror
must not be disclosed to competing offerors pursuant to North Dakota Century Code section
54-44.4-10.
4.
Safeguards against abuse in the conduct of negotiations must be strictly observed to maintain
the essential integrity of the process.