North Dakota Bidder Preferences: Status and What to Do

What it is

North Dakota does not run its own MBE, WBE, small business or veteran-owned certification for state purchasing. The State Procurement Office's preference guide says state procurement law does not require a preference based on business type, such as small or minority-owned. The main in-state preference left is a tie-breaker. When bids or proposals have identical pricing or identical scores, "preference must be given to a resident North Dakota bidder" (NDCC 54-44.4-05.1).

Who qualifies

• A resident North Dakota bidder has kept "a bona fide place of business" in the state for at least 1 year before the award (NDCC 44-08-02).
• The definition looks at a place of business in the state. It does not mention where the company is incorporated.
• No ownership, race, sex, size or veteran test applies.
• Out-of-state firms face no reciprocal markup. The Office of Management and Budget says the reciprocal preference law (NDCC 44-08-01) was repealed in 2023 by Senate Bill 2042.

What it means for your bids

• Most bids are decided on price and score with no in-state edge. Residency counts when bids tie.
• When practicable, public printing goes to a resident North Dakota bidder (NDCC 46-02-15).
• Heating coal purchases carry a preference for bidders supplying North Dakota-mined coal (NDCC 48-05-02.1).
• State and local buyers may purchase directly from work activity centers that serve people with disabilities, without competition, when the price is fair (NDCC 25-16.2).
• On state and local construction, repair and maintenance contracts, contractors must give hiring preference to North Dakota residents, with veterans given priority (NDCC 43-07-20). This is a hiring rule, not a business certification.
• Winning bidders must meet Secretary of State registration requirements before the contract is signed.

How to get certified

There is no certificate.

1. Register as a supplier in NDBuys and pick commodity codes to get email bid notices: https://public.ndbuys.nd.gov. The registration pages we read do not mention a fee.
2. Keep your profile current. State agencies must use the bidders list for formal sealed purchases unless an alternate procurement is approved.
3. If you win, have an active Secretary of State registration before the contract is signed, and keep it active for the contract period.
4. Keep proof of your North Dakota place of business and how long you have had it, in case of a tie.

Watch out for

• Some older guides still describe a North Dakota reciprocal preference. The State Procurement Office's preference page says it was repealed in 2023.
• The resident hiring preference does not apply to federal-aid contracts where it would conflict with federal law, or to engineering, management or office work.
• Federal DBE certification is separate and has its own page.
• Free help: the North Dakota APEX Accelerator calls itself "a no-cost resource," ndapex@und.edu.
• NDBuys and bidders list help: infospo@nd.gov or 701-328-2740. The preference page lists 701-328-4912.

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Sources

• www.omb.nd.gov/doing-business-state/procurement/preference-laws
• www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/g
• www.ndlegis.gov/cencode/t54c44-4.pdf
• www.ndlegis.gov/cencode/t44c08.pdf
• www.ndlegis.gov/cencode/t43c07.pdf
• www.omb.nd.gov/doing-business-state/procurement/vendor-registration-guidelines
• omb.nd.gov/doing-business-state/procurement/ndbuys
• ndlegis.gov/assembly/68-2023/regular/bill-overview/bo2042.html
• und.edu/ndapex/index.html
• blogs.und.edu/ndapex/2026/01/how-to-do-business-with-the-state-of-north-dakota/

FindMyBids isn't affiliated with any certifying agency, and this isn't legal advice. Status can change quickly with court orders and new laws, so confirm with the program office before you rely on it.