Changes to use of state ‘vendor pool’ contracts

Effective August 1, 2025, legislation impacting NDCC § 54-44.4-13.2 changes how ‘vendor pool’ contracts may be utilized.

• If the scope of work is less than $250,000 then UND can purchase directly from an awarded vendor.
  • Recurring direct purchases from the same vendor are not allowed
• If the scope of work is greater than $250,000 then UND must obtain “secondary competition” by soliciting bids or proposals from suppliers awarded on the original ‘vendor pool’ contract.
• The work performed by a supplier on a ‘vendor pool’ contact must be completed within the term of the primary contract.

Commonly utilized state ‘vendor pool’ contracts include the IT – Professional Services, Marketing Communications Services, and Temporary Staffing Services contracts. UND departments using or intending to utilize a state ‘vendor pool’ contract should contact Procurement & Payment Services prior to issuing an order to ensure we are meeting our obligations under the new law. Exceptions may be allowed if an Alternate Procurement request is submitted and approved.

Note: not all multiple-award contracts are classified as ‘vendor pool’ contracts. In many cases more than one service provider is required to meet our needs, and the contract(s) determine how the suppliers will be used (e.g. primary/secondary, geographical location, rotate, etc.). Contracts determined to be a ‘vendor pool’ subject to these new guidelines must contain the term “vendor pool” in the title. (Example: Grant Writing Services Vendor Pool.)

Please contract Procurement and Payment Services with any questions on utilizing state contracts or these new requirements (und.pps@und.edu).