South Dakota

5-18-1. 5-18-1 to 5-18-2. Repealed by SL 2010, ch 31, § 1.

5-18-2.1. 5-18-2.1. Repealed by SL 2004, ch 63, § 1.

5-18-3. 5-18-3 to 5-18-62. Repealed by SL 2010, ch 31, § 1.

5-18A-1. Definitions.

5-18A-2. Application to purchasing agency contracts.

5-18A-3. Methods of awarding contracts.

5-18A-4. Competitive sealed bids required.

5-18A-5. Procedures for competitive sealed bids.

5-18A-6. Competitive sealed proposals--When permitted.

5-18A-7. Procedures for competitive sealed proposals.

5-18A-8. Unique supplies or services--Sole source procurement--Negotiations.

5-18A-9. Emergency procurement.

5-18A-10. Records of sole source procurement and emergency procurement contracts.

5-18A-11. Purchases of supplies and services under fifty thousand dollars.

5-18A-12. Cancellation of invitation for bids or request for proposals and rejection of bids or proposals.

5-18A-13. Centralized public bid exchange created.

5-18A-14. Public improvement contracts--Supplies and services contracts--Advertisement for bids or proposals.

5-18A-15. Time for entering into contract.

5-18A-16. Recovery from defaulting bidder or offeror.

5-18A-17. Self-dealing by state officer or employee in award or terms of agency contract prohibited.

5-18A-17.1. Direct benefit from contract.

5-18A-17.2. Authorization of officer or employee to be a party to or derive direct benefit from contract.

5-18A-17.3. Authorization of contract with former officer or employee.

5-18A-17.4. Self-dealing violation as misdemeanor--Removal--Forfeiture of benefit--Contract voidable.

5-18A-17.5. Specific conflict of interest prohibitions not affected.

5-18A-17.6. Definitions applicable to §§ 5-18A-17 to 5-18A-17.5.

5-18A-18. Specifications to promote economy and encourage competition--Circumstances under which brand name or equal specifications permitted.

5-18A-19. Requirements for brand name or equal specifications.

5-18A-20. Circumstances under which brand name only specifications permitted.

5-18A-21. Written contract required--Signatures.

5-18A-22. Procurements exempt from chapters 5-18A through 5-18D.

5-18A-23. Purchase of foreign meat food products prohibited.

5-18A-24. Grade A milk processors preferred.

5-18A-25. Preferences to certain resident businesses, qualified agencies, and businesses using South Dakota supplies or services.

5-18A-26. Resident bidder preferred over nonresident bidder from state or foreign province that has preference for resident bidders.

5-18A-27. List of states with resident bidder preferences.

5-18A-28. List of supplies, custodial services, and maintenance services provided by qualified agency.

5-18A-29. Persons with disabilities.

5-18A-30. Supplies manufactured from recycled or biobased materials.

5-18A-31. Information regarding preferences to be provided.

5-18A-32. Procurements utilizing federal funds.

5-18A-33. Disallowance of noncomplying bid or offer--Contracts in violation void.

5-18A-34. Bureau of Human Resources and Administration to serve as state's central procurement agency.

5-18A-35. Bond or approved security.

5-18A-36. Performance and payment bond or approved security.

5-18A-37. Cooperation and agreements with other state and federal purchasing agencies.

5-18A-38. Environmentally preferable products to be selected.

5-18A-39. Reverse auction permitted for certain procurements.

5-18A-40. Procedures applicable to reverse auctions.

5-18A-41. Bureau of Human Resources and Administration to conduct reverse auction for supplies for state agency.

5-18A-42. Fair and open competition in government contracts.

5-18A-43. Terms prohibited in construction contracts.

5-18A-44. Conditional grant, tax abatement, and tax credit prohibited in construction contracts.

5-18A-45. Conditions related to agreements with labor organizations.

5-18A-46. Exemptions for special circumstances.

5-18A-47. Construction with National Labor Relations Act.

5-18A-48. Persons involved in grant or contract determinations ineligible for grant or contract--Performance evaluation by recipients and sub-recipients prohibited.

5-18A-49. Forms for acknowledging review of conflict of interest policy and disclosing conflicts.

5-18A-50. Prohibited foreign contracts--Certification.

5-18A-51. Prohibited foreign contracts--Notice--Certify on offer--Termination permitted.

5-18A-52. Prohibited foreign contracts--Grounds for waiver.

5-18A-53. Prohibited foreign contracts--False certification--Cause to suspend or debar.

5-18B-1. Plans and specifications--Advertisement--Availability.

5-18B-2. Certified check or cashier's check for percentage of bid or bid bond required.

5-18B-3. Check or bid bond requirement--Waiver.

5-18B-4. Surety bond or insurance contract required in bid, in contract, or by law.

5-18B-5. Negotiations if lowest responsive and responsible bid exceeds final estimated project cost.

5-18B-6. Certification regarding labor provided by nonresident subcontractors.

5-18B-7. Contractor's use tax liability.

5-18B-8. Forfeited funds accrue to funds provided for construction.

5-18B-9. Time limits--Return of checks--Return or destruction of bid bonds.

5-18B-10. Plans and specifications prepared by architect or engineer.

5-18B-11. Progress payments--Retention of funds from final payment--Interest.

5-18B-12. Bond or deposit of securities in lieu of retention of sums due for work performed.

5-18B-13. Occupancy before completion and acceptance.

5-18B-14. Project superintendent--Installment payments--Final payment.

5-18B-15. Architect or engineer may not be contractor or construction manager on project exceeding one hundred thousand dollars--Exemption.

5-18B-16. Unemployment compensation.

5-18B-17. Contractor's excise tax license.

5-18B-18. Contributions and interest due the Department of Labor and Regulation.

5-18B-19. Amendment or change order to existing contract.

5-18B-20. Design-build contracts.

5-18B-21. Design-builder to be authorized.

5-18B-22. Subletting of design services.

5-18B-23. Subletting construction or other services.

5-18B-24. Contracts with unlicensed or unqualified design-builder permitted if services sublet to licensed or qualified person.

5-18B-25. Request for proposals to contain performance criteria--Qualifications of developer.

5-18B-26. Performance criteria developer and design builder to perform separate roles.

5-18B-27. Performance criteria developer to be purchasing agency employee or engaged in accordance with statutorial procedures--Delegation.

5-18B-28. Development of performance criteria.

5-18B-29. Elements of design-build request for proposals--Time for mailing to pre-qualified design-builders.

5-18B-30. Design-build request not to be detailed--Drawings--Specifications--Standards.

5-18B-31. Pre-qualification of design-builders--Elements of request for qualifications.

5-18B-32. Deposit or bond submitted with proposal--Forfeiture.

5-18B-33. Proposals to be sealed--Contents.

5-18B-34. Confidentiality of proposals.

5-18B-35. Review and opinion of performance criteria developer--Submission to governing body.

5-18B-36. Acceptance of a proposal--Evaluation criteria scores.

5-18B-37. Rejection of design-build proposals--Solicitation of new proposals.

5-18B-38. Withdrawal of design-build proposal.

5-18B-39. Construction manager engagement.

5-18B-40. Services of construction manager.

5-18B-41. Manager-agent.

5-18B-42. Manager-at-risk.

5-18B-43. Criteria for construction manager engagement.

5-18B-44. Criteria for construction manager-at-risk engagement.

5-18B-45. Active involvement of licensed design professional required.

5-18B-46. Improvement projects that rely on federal funding from FAA.

5-18C-1. Contract for transportation of students.

5-18C-2. Contract for services of school food service management company.

5-18C-3. Public sale or auction--Performance bond--Competitive quotations--Records to be retained.

5-18C-4. Water, sanitary sewer, and storm sewer trunk lines or mains, sewer collection systems, streets, and regional storm sewer detention ponds installed at developer's expense.

5-18C-5. County highway system and secondary highways--Dams.

5-18C-6. Fuel purchased by local government units.

5-18C-7. Municipal garbage disposal contracts and supply contracts.

5-18C-8. Purchases from state contract list or below state contract price.

5-18D-1. Classification of supplies.

5-18D-2. Estimates of projected purchases.

5-18D-3. Pooling of combined estimated needs.

5-18D-4. Electronic procurement.

5-18D-5. Expert advice and assistance.

5-18D-6. State contract list.

5-18D-7. State bidders list.

5-18D-8. Procurement management internal service fund created.

5-18D-9. Rejection of bids to procure more advantageously elsewhere.

5-18D-10. Drawing, signing, and filing of contracts.

5-18D-11. Cancellation or price adjustment for changing market conditions.

5-18D-12. Suspension or debarment of business for cause.

5-18D-13. Printing contracts--Penalty.

5-18D-14. Printing office not to accept contracts from private individuals or organizations.

5-18D-15. Inscription listing publisher, number of copies, and cost of publication per copy.

5-18D-16. Soybean-based inks.

5-18D-17. Professional services exceeding fifty thousand dollars.

5-18D-18. Evaluation criteria to be stated in request for proposals.

5-18D-19. Discussion and negotiation of project.

5-18D-20. Register of proposals for professional service contract--Confidential information.

5-18D-21. Exemption of certain professional service contracts.

5-18D-22. Effect on time deadline in contested case.

5-18D-23. Notice of intent to purchase property or liability insurance or performance bonds.

5-18D-24. Bureau record keeping.

5-18D-25. Motor vehicle procurement.

5-18D-26. State auditor stop order.

5-18D-27. Appeal of state auditor stop order.

5-18D-28. Criminal background checks for state contractors and subcontractors.