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Council directs staff to draft local-preference bidding policy allowing preregistered North Dakota firms to match low bids within 5%

5327105 · July 8, 2025
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Summary

After a lengthy discussion, council members voted 4–2 to direct staff to draft a local-preference policy that would let preregistered North Dakota companies with substantial local operations match the lowest bid when their bid is within 5%.

The Minot City Council on July 7 directed staff to draft a local-preference bidding policy after a discussion on whether and how the city should favor local contractors on certain municipal projects.

The motion, approved 4–2, asked staff to develop a policy that would apply to companies formed and headquartered in North Dakota that have “substantial operations” within approximately a 25-mile radius of Minot. The motion asked staff to include a preregistration requirement so contractors must be on a city-verified local list to exercise any preference. Under the council’s directive, if a registered local bidder’s proposal is within 5% of the lowest bid submitted by any bidder, the local firm would be offered the option to match the low bid price and be awarded the contract.

Supporters said the matching rule balances two goals: keep projects competitively priced while giving local firms — employers who pay local taxes and maintain shops and crews in the area — a chance to perform municipal work. Opponents raised concerns that the policy might deter out-of-area firms from bidding and could be a solution in search of a problem, noting that historically the city has benefited from low bids and savings on construction projects.

Several council members suggested staff should develop the actual eligibility criteria when preparing the draft: how to define a North Dakota company (formation/registration vs. place of business), what constitutes “substantial operations,” and whether federal-grant-funded projects should be exempt. The council also discussed the need for recertification on the local list and how to handle multiple local bidders within the 5% threshold.

Staff noted federal procurement rules would supersede any local preference for projects using federal funding. Council members asked staff to return with a draft written policy containing definitions, a preregistration process and a proposed recertification interval.