North Dakota Code § 11-11-28

Bid must be accompanied by a bond - When certified or cashier's check
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allowed.
A bid shall be accompanied by a separate envelope containing a bidder's bond in a sum 
equal to five percent of the full amount of the bid, executed by the bidder as principal and by a 
surety company authorized to do business in this state as a guarantee that the bidder will enter 
into the contract if it is awarded to the bidder and that the bidder will furnish the necessary bond. 
When the bid is ten thousand dollars or less, the bidder may in lieu of such bond accompany the 
bid with a separate envelope containing a certified or cashier's check equal to five percent of the 
full amount of the bid made payable to the board with authority and direction to the board that if 
the bidder is successful in obtaining the award and fails to enter into the contract, the board may 
endorse, deposit, and receive the face amount of the certified or cashier's check as liquidated 
damages.

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