reglab/housing_qa huggingface dataset:
SD Codified L § 5-18D-18 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-18 - Evaluation criteria to be stated in request for proposals.

5-18D-18. Evaluation criteria to be stated in request for proposals.The request for proposals shall state the relative importance of evaluation criteria to be used in the ranking of prospective contractors. The agency shall include the following evaluation criteria in any request for proposals:(1)Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements;(2)Resources available to perform the work, including any specialized services, within the specified time limits for the project;(3)Record of past performance, including price and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration;(4)Availability to the project locale;(5)Familiarity with the project locale;(6)Proposed project management techniques; and(7)Ability and proven history in handling special project constraints. Source: SL 2010, ch 31, §112.
SD Codified L § 5-18D-19 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-19 - Discussion and negotiation of project.

5-18D-19. Discussion and negotiation of project.The agency and the highest ranked contractor shall mutually discuss and refine the scope of services for the project and shall negotiate terms, including compensation and performance schedule. The compensation level paid shall be reasonable and fair to the agency, as determined by the agency. If the agency and the highest ranked contractor are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency shall, by notification either orally or in writing, terminate negotiations with the contractor. The agency may then negotiate with the next highest ranked contractor. The negotiation process may continue through successive contractors, according to agency ranking, until an agreement is reached or the agency terminates the contracting process. Source: SL 2010, ch 31, §113.
SD Codified L § 5-18D-20 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-20 - Register of proposals for professional service contract--Confidential information.

5-18D-20. Register of proposals for professional service contract--Confidential information.A register of proposals shall be prepared and maintained by any state agency issuing a request for proposals for a professional service contract. The register shall contain the names of any person whose qualifications were considered and the name of the person that was awarded the contract. Any professional service contract and the documentation that was the basis for the contract is public except for proprietary information which shall remain confidential. The qualifications and any other documentation of any person not issued a contract shall remain confidential. Source: SL 2010, ch 31, §114.
SD Codified L § 5-18D-21 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-21 - Exemption of certain professional service contracts.

5-18D-21. Exemption of certain professional service contracts.The provisions of §§5-18D-17 to 5-18D-20, inclusive, do not apply to contracts issued for:(1)Services of such a unique nature that the contractor selected is clearly and justifiably the only practicable source to provide the service. Determination that the contractor selected is justifiably the sole source is based on either the uniqueness of the service or sole availability at the location required;(2)Emergency services necessary to meet an urgent or unexpected requirement or if health and public safety or the conservation of public resources is at risk;(3)Services subject to federal law, regulation, or policy or state statute, under which a state agency is required to use a different selection process or to contract with an identified contractor or type of contractor;(4)Services for professional legal services;(5)Services of expert witnesses, hearing officers, or administrative law judges retained by state agencies for administrative or court proceedings;(6)Services involving state or federal financial assistance passed through by a state agency to a political subdivision;(7)Medical services and home and community-based services;(8)Services to be performed for a state agency by another state or local government agency or contracts made by a state agency with a local government agency for the direct provision of services to the public; or(9)Services to be provided by entertainers for the state fair and other events. Source: SL 2010, ch 31, §115.
SD Codified L § 5-18D-22 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-22 - Effect on time deadline in contested case.

5-18D-22. Effect on time deadline in contested case.Notwithstanding any other provisions of law, an agency that is required to issue a decision in a contested case proceeding in one year or less may increase its statutory deadline for issuing the agency decision by sixty days if the agency seeks to enter into a professional services contract covered by §§5-18D-17 to 5-18D-20, inclusive. Source: SL 2010, ch 31, §116.
SD Codified L § 5-18D-23 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-23 - Notice of intent to purchase property or liability insurance or performance bonds.

5-18D-23. Notice of intent to purchase property or liability insurance or performance bonds.The Bureau of Administration shall publish notice of its intent to purchase property or liability insurance or performance bonds. Publication of a notice containing a description of the coverage sought as a display advertisement in at least three newspapers of general circulation in different parts of the state at least sixty days prior to the purchase, along with publication in the South Dakota Register, shall be considered compliance with the notice requirements of this section.The notice provisions of this section do not apply to expenditures of less than five thousand dollars. Source: SL 2010, ch 31, §117.
SD Codified L § 5-18D-24 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-24 - Bureau record keeping.

5-18D-24. Bureau record keeping.The Bureau of Administration shall keep suitable records in which shall be recorded all requisitions for public printing, stationery, and supplies, all advertisements, bids, certified checks, bonds, contracts, orders, vouchers, and all acts and proceedings taken under the provisions of this chapter and chapters 5-18A, 5-18B, and 5-18C. All requisitions, advertisements, bids, certified checks, bonds, specifications, schedules of specifications, contracts, reports, and any other papers or documents executed under the provisions of this chapter and chapters 5-18A, 5-18B, and 5-18C shall constitute the files in the bureau, except as otherwise provided for in this chapter and chapters 5-18A, 5-18B, and 5-18C. Source: SL 2010, ch 31, §119.
SD Codified L § 5-18D-25 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-25 - Motor vehicle procurement.

5-18D-25. Motor vehicle procurement.The procurement of motor vehicles by the state shall only be from authorized dealers licensed by the State of South Dakota. Source: SL 2010, ch 31, §93.
SD Codified L § 5-18D-26 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-26 - State auditor stop order .

5-18D-26. State auditor stop order.The state auditor may stop the letting or the execution of any contract with the state, or with any state officer, commission, board, institution, or agency by serving a written notice of the order on the officer, commission, or board involved, the secretary of state, the attorney general, and on the contractor, if any, stating the grounds on which the state auditor has determined that the contract is illegal, unauthorized, or improper. Source: SL 2010, ch 31, §24.
SD Codified L § 5-18D-27 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-27 - Appeal of state auditor stop order.

5-18D-27. Appeal of state auditor stop order.From any order or decision of the state auditor stopping execution of any contract obligation of the state, any person aggrieved or interested may appeal to the State Board of Finance at any time within twenty days after the stop order was filed with either the attorney general, the secretary of state, the state treasurer, or the department involved by serving notice of appeal on the state auditor and the Governor. The notice shall state the decision being appealed and shall ask for a hearing on the appeal. Upon receiving the notice, the Governor shall call a meeting of the State Board of Finance. The board shall consider the appeal, make a decision, enter the decision in the journal, and give notice to the appellant and the department involved. Any order of the Board of Finance as expressed in the board's decision is binding upon the state department, institution, agency, or office involved and shall be carried out accordingly. Source: SL 2010, ch 31, §25.
SD Codified L § 5-18D-28 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-28 - Criminal background checks for state contractors and subcontractors.

5-18D-28. Criminal background checks for state contractors and subcontractors.The state shall notify each current or prospective contractor or subcontractor that the awarding of a contract with the state has granted or will grant access to confidential information obtained from the United States Internal Revenue Service or an authorized secondary source. Each person who is granted access to the confidential information as a result of entering into a contract with the state shall submit to and successfully pass a state and federal criminal background investigation. The contractor or subcontractor shall submit to a fingerprint check by the Division of Criminal Investigation and the Federal Bureau of Investigation before being granted access to any confidential information. The appointing authority shall submit the completed fingerprint card to the Division of Criminal Investigation.Each contract entered into by the state where access to confidential information obtained from the United States Internal Revenue Service or from an authorized secondary source is granted to a contractor or a subcontractor shall include terms regarding which party is responsible for payment of any fee charged for the cost of fingerprinting or the criminal background investigation and regarding the potential event that a disqualifying record is discovered through the background investigation process. Source: SL 2017, ch 24, §2.
SD Codified L § 5-21-1 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 21 - Performance Bonds For Public Improvement Contracts|Section 5-21-1 - Surety bond required--Obligation of prompt payment of laborers and materialmen.

5-21-1. Surety bond required--Obligation of prompt payment of laborers and materialmen.Except as provided in §31-12-15, when any contract is entered into for the construction of public improvement or the furnishing of any material or labor therefor, the contractor is required, before commencing such work, to furnish surety in an amount not less than the contract price, for the faithful performance of the contract, with the additional obligation that the contractor shall promptly pay all persons supplying him with labor or material in the prosecution of the work provided for in the contract. Source: SL 1907, ch 138, §1; SL 1909, ch 245, §1; RC 1919, §8215; SDC 1939, §65.0702; SL 1939, ch 300, §7; SL 1987, ch 60, §1.
SD Codified L § 5-21-1.1 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 21 - Performance Bonds For Public Improvement Contracts|Section 5-21-1.1 - Waiver of performance security requirement on contracts under certain amount.

5-21-1.1. Waiver of performance security requirement on contracts under certain amount.The requirement of a performance security may be waived by a public corporation if the bid submitted does not exceed the limit established pursuant to §5-18A-14 for a public improvement. Source: SL 1968, ch 276; SL 1977, ch 51, §2; SL 1985, ch 42, §3; SL 1988, ch 56, §3; SL 2015, ch 52, §1.
SD Codified L § 5-21-1.3 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 21 - Performance Bonds For Public Improvement Contracts|Section 5-21-1.3 - Waiver of performance security requirement for emergency procurement.

5-21-1.3. Waiver of performance security requirement for emergency procurement.The requirement of a performance security may be waived by a public corporation if the procurement meets the requirements established pursuant to §5-18A-9. Source: SL 2016, ch 41, §1.
SD Codified L § 5-21-2 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 21 - Performance Bonds For Public Improvement Contracts|Section 5-21-2 - Public corporation's civil liability for failure to require bond for protection of laborers and materialmen.

5-21-2. Public corporation's civil liability for failure to require bond for protection of laborers and materialmen.In case any such public corporation shall fail or neglect to require the execution of the surety provided for in §5-21-1, such public corporation shall be liable to pay any person who shall have performed labor or furnished any material that entered into the erection, alteration, repair or improvement of such building, the value of such work or material and an action may be maintained therefor; provided, that an action brought under the provisions of this section shall be commenced within ninety days from the acceptance of the work for which the same shall be claimed. Source: SL 1909, ch 245, §2; RC 1919, §8217; SDC 1939, §65.0704; SL 1939, ch 300, §9.
SD Codified L § 5-21-3 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 21 - Performance Bonds For Public Improvement Contracts|Section 5-21-3 - Surety bond to cover use tax liability--Amount of liability.

5-21-3. Surety bond to cover use tax liability--Amount of liability.If a contract is entered into for the construction, alteration, or repair of improvements to be located in this state, including public improvements, and the contractor or subcontractor furnishes surety for the faithful performance of the contract, there is hereby imposed an additional obligation upon the surety to the State of South Dakota that the contractor or subcontractor shall promptly pay all taxes which may accrue to the State of South Dakota under the provisions of chapters 10-46, 10-46A, and 10-46B. For the purposes of this section and §5-21-4 the term, surety, means a bond or undertaking executed by a surety company authorized to do business in the State of South Dakota. Source: SL 1957, ch 479, §§1, 2; SDC Supp 1960, §65.0702-1; SL 1992, ch 48, §1.
SD Codified L § 5-21-4 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 21 - Performance Bonds For Public Improvement Contracts|Section 5-21-4 - Notice of surety bond to secretary of revenue--Termination of surety's liability for use and excise tax.

5-21-4. Notice of surety bond to secretary of revenue--Termination of surety's liability for use and excise tax.The surety within sixty days after entering into such performance bond shall send notice of the bond to the secretary of revenue. Six months after the completion of the contract and the acceptance of the improvement by the owner thereof, the additional obligation imposed upon the surety shall cease unless written notice, within such period of time, of unpaid use taxes and contractors' excise taxes, is given to the surety by the secretary of revenue. Source: SL 1957, ch 479, §2; SDC Supp 1960, §65.0702-1; SL 1992, ch 48, §2.
SD Codified L § 5-21-5 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 21 - Performance Bonds For Public Improvement Contracts|Section 5-21-5 - Laborers' and materialmen's right to intervene in action against public contractor--Pro rata distribution if surety's liability insufficient.

5-21-5. Laborers' and materialmen's right to intervene in action against public contractor--Pro rata distribution if surety's liability insufficient.Any person who has furnished labor or material used in the construction of any such public improvement as described in §5-21-1, payment for which has not been made, shall have the right to intervene and be made a party to any action instituted by the public corporation on the surety, and to have his rights and claims adjudicated in such action and judgment rendered thereon, subject, however, to the priority of the claim and judgment of such public corporation. If the full amount of liability of the surety company is insufficient to pay the full amount of such claims and demands, then, after paying the full amount due the public corporation, the remainder shall be distributed pro rata among such interveners. Source: SL 1907, ch 138, §1; SL 1909, ch 245, §1; RC 1919, §8215; SDC 1939, §65.0702; SL 1939, ch 300, §7.
SD Codified L § 5-21-6 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 21 - Performance Bonds For Public Improvement Contracts|Section 5-21-6 - Action by laborer or materialman on public contractor's bond--Limitation of action--Intervention by other claimants--Costs.

5-21-6. Action by laborer or materialman on public contractor's bond--Limitation of action--Intervention by other claimants--Costs.If no suit should be brought by the public corporation within six months from the completion and final settlement of such contract, the person supplying the contractor with labor or material shall, upon application therefor and furnishing affidavit to the corporation that labor or material for the prosecution of such work has been supplied by him and payment for the same has not been made, be furnished with a certified copy of such contract and surety, upon which he shall have a right of action and shall be authorized to bring suit in the name of the public corporation in the circuit court for the county in which such contract was to be performed and not elsewhere, for his use and benefit, against such contractor and his surety, and to prosecute the same to final judgment; provided, that where suit is instituted by any such person on the surety of the contractor, it shall not be commenced until six months after the complete performance of such contract and final settlement thereof but must be commenced within one year thereafter; provided, further, that where suit is so instituted by any such person, only one action shall be brought, and any person may file his claim in such action and be made a party thereto within one year from the completion of the work under such contract, and not later; and provided, further, that costs shall not be taxed in such suit against the public corporation. Source: SL 1907, ch 138, §2; RC 1919, §8216; SDC 1939, §65.0703; SL 1939, ch 300, §8.
SD Codified L § 5-21-7 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 21 - Performance Bonds For Public Improvement Contracts|Section 5-21-7 - Pro rata distribution among claimants if bond insufficient--Surety relieved from liability by payment into court.

5-21-7. Pro rata distribution among claimants if bond insufficient--Surety relieved from liability by payment into court.If recovery on the bond should be inadequate to pay the amounts found due all such persons, judgment shall be given to each person for his pro rata of the amount of recovery. The surety company may pay into court for distribution among such claimants and creditors the full amount of the penalty named in the bond, less any amount which such surety company may have paid to the public corporation by reason of the execution of such bond, and upon so doing the surety company shall be relieved from further liability. Source: SL 1907, ch 138, §2; RC 1919, §8216; SDC 1939, §65.0703; SL 1939, ch 300, §8.
SD Codified L § 5-21-8 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 21 - Performance Bonds For Public Improvement Contracts|Section 5-21-8 - Personal and public notice to creditors of action on public contractor's bond.

5-21-8. Personal and public notice to creditors of action on public contractor's bond.In all suits instituted under the provisions of §§5-21-5 and 5-21-6, personal notice of the pendency of such suit, informing them of their right to intervene, as the court may order, shall be given to all known creditors, and in addition thereto notice shall be given by publication in some newspaper of general circulation, published in the county where the contract is being performed once each week for at least two successive weeks with the first publication to be made at least three months before the time limited therefor. Source: SL 1907, ch 138, §2; RC 1919, §8216; SDC 1939, §65.0703; SL 1939, ch 300, §8; SL 1972, ch 33, §1.
SD Codified L § 5-22-1 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 22 - Liens Relating To Public Improvement Contracts|Section 5-22-1 - Mechanics' and materialmen's lien on amounts due under contract.

5-22-1. Mechanics' and materialmen's lien on amounts due under contract.Any person who shall furnish skill, labor, materials, machinery, or supplies, services, or equipment, in connection with the carrying on of any work of construction, alteration, or repair of any public improvement work of the State of South Dakota, or any of its political subdivisions including counties, townships, municipalities, school districts, drainage districts, and any departments, bureaus, agencies, or commissions thereof to any person who shall have made any contract or subcontract therefor, shall have a lien for the same upon all moneys in the control of such public body due or to become due under such contract. Source: SL 1895, ch 133, §§1, 9; RCCivP 1903, §§713, 721; RC 1919, §§1660, 1668; SL 1925, ch 221; SL 1929, ch 213; SDC 1939, §39.0901.