reglab/housing_qa huggingface dataset:
SD Codified L § 5-18B-22 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-22 - Subletting of design services.

5-18B-22. Subletting of design services.A design-builder may sublet responsibility for professional design services to any person licensed and registered to provide professional design services in this state. Nothing in this section limits or eliminates the responsibility or liability of any person registered pursuant to chapter 36-18A, on a design-build project to the purchasing agency or other third parties under existing law. Source: SL 2010, ch 31, §61.
SD Codified L § 5-18B-23 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-23 - Subletting construction or other services.

5-18B-23. Subletting construction or other services.A design-builder may sublet responsibility for construction or other services to persons registered, licensed, or otherwise qualified to provide those services in this state. Source: SL 2010, ch 31, §62.
SD Codified L § 5-18B-24 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-24 - Contracts with unlicensed or unqualified design-builder permitted if services sublet to licensed or qualified person.

5-18B-24. Contracts with unlicensed or unqualified design-builder permitted if services sublet to licensed or qualified person.A design-builder may contract with the purchasing agency to provide professional services or construction services for which the design-builder is not licensed, registered, or qualified to perform, as long as the design-builder sublets all such services required under the design-build contract to a licensed, registered, or otherwise qualified person. Source: SL 2010, ch 31, §63.
SD Codified L § 5-18B-25 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-25 - Request for proposals to contain performance criteria--Qualifications of developer.

5-18B-25. Request for proposals to contain performance criteria--Qualifications of developer.Any request for proposals shall contain performance criteria developed by a performance criteria developer and approved by the purchasing agency. For projects not exempted under chapter 36-18A from using a registered design professional, the performance criteria developer shall be a design professional registered under chapter 36-18A. For projects exempt under chapter 36-18A from using a registered design professional, the performance criteria developer shall be hired on the basis of qualifications related to projects of similar scope. Source: SL 2010, ch 31, §64.
SD Codified L § 5-18B-26 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-26 - Performance criteria developer and design builder to perform separate roles.

5-18B-26. Performance criteria developer and design builder to perform separate roles.The performance criteria developer may not submit a proposal to enter into the design-build contract and the design-builder may not delegate or contract services under the design-build contract to the performance criteria developer. Source: SL 2010, ch 31, §65.
SD Codified L § 5-18B-27 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-27 - Performance criteria developer to be purchasing agency employee or engaged in accordance with statutorial procedures--Delegation.

5-18B-27. Performance criteria developer to be purchasing agency employee or engaged in accordance with statutorial procedures--Delegation.The performance criteria developer shall be either an employee of the purchasing agency or shall be engaged in accordance with statutorial procedures for contracting with professional services. With the approval of the purchasing agency, the developer may delegate or contract for the development of specific aspects of the design criteria to other consultants. The performance criteria developer may be retained at the purchasing agency's option through to the completion of the design-build contract. Source: SL 2010, ch 31, §66.
SD Codified L § 5-18B-28 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-28 - Development of performance criteria.

5-18B-28. Development of performance criteria.The purchasing agency, in consultation with the performance criteria developer, shall determine the scope and level of detail required for the performance criteria. The performance criteria shall be detailed enough to permit a person to submit a proposal in accordance with the design-build request for proposals, given the nature of the public project and the level of design to be provided in the proposal. Source: SL 2010, ch 31, §67.
SD Codified L § 5-18B-29 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-29 - Elements of design-build request for proposals--Time for mailing to pre-qualified design-builders.

5-18B-29. Elements of design-build request for proposals--Time for mailing to pre-qualified design-builders.After a minimum of three design-builders have been pre- qualified in accordance with §5-18B-31, a design-build request for proposals shall be mailed to each pre-qualified design-builder. The minimum number of pre-qualified design-builders is not required for any improvement project that is complex in nature, requires close coordination of design and construction expertise, and does not require significant structural changes, additions, reconstruction, or new construction. The design-build request for proposals shall be prepared for each design-build contract containing the following elements:(1)The identity of the purchasing agency which will award the design-build contract and the identity of the performance criteria developer;(2)The procedures to be followed for submitting proposals, the criteria for evaluation of a proposal and its relative weight, and the procedures for making awards;(3)The proposed terms and conditions for the design-build contract;(4)The performance criteria, which shall include the following:(a)The owners preliminary program of space needs and special requirements;(b)Performance standards for materials and equipment; and(c)Minimum system requirements and efficiencies;(5)A description of the drawings, specifications, or other submittals to be submitted with the proposal, with guidance as to the form and level of completeness of the drawings, specifications, or submittals that is acceptable;(6)A schedule for planned commencement and completion of the design-build contract;(7)Budget limits for the design-build contract;(8)Affirmative action, disadvantaged business, or set-aside goals or requirements for the design-build contract, if any;(9)Requirements for performance and payment bonds, and insurance. These requirements shall meet the requirements of §5-21-1;(10)The compensation, if any, to be given to design-builders submitting proposals who are not awarded the project;(11)Whether project financing is in place;(12)A schedule for payments to the design-builder;(13)Site identification and geotechnical information if the site is owner-provided;(14)Location of existing utilities and their capacity if the site is owner-provided; and(15)Warranty and guarantee requirements. Source: SL 2010, ch 31, §68.
SD Codified L § 5-18B-30 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-30 - Design-build request not to be detailed--Drawings--Specifications--Standards.

5-18B-30. Design-build request not to be detailed--Drawings--Specifications--Standards.No design-build request for proposals may include detailed designs or detailed drawings prepared by the criteria developer. The request may, however, include drawings of existing conditions and any preliminary conceptual sketches necessary to illustrate the information required by subdivision 5-18B-29(4). Each conceptual drawing shall contain the minimum information necessary to convey the requirements. No design-build request for proposals may include detailed construction specifications. Any design and construction standards in the request for proposals shall be performance standards only. Source: SL 2010, ch 31, §69.
SD Codified L § 5-18B-31 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-31 - Pre-qualification of design-builders--Elements of request for qualifications.

5-18B-31. Pre-qualification of design-builders--Elements of request for qualifications.A purchasing agency shall pre-qualify design-builders for design-build contracts by advertising its request for qualifications in accordance with §5-18A-14. A request for qualifications shall contain the following elements:(1)The identity of the purchasing agency;(2)A description of the proposed public improvement;(3)Budget limits for the proposed public improvement;(4)The requirements the design-builder will be required to have; and(5)The criteria and their relative weight for prequalification. Source: SL 2010, ch 31, §70.
SD Codified L § 5-18B-32 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-32 - Deposit or bond submitted with proposal--Forfeiture.

5-18B-32. Deposit or bond submitted with proposal--Forfeiture.Any proposal, submitted pursuant to this section, shall be accompanied by a deposit or bond meeting the requirements of §5-18B-2. The deposit or security may be forfeited if the proposal is accepted but the design-builder fails to execute the design-build contract. Source: SL 2010, ch 31, §71.
SD Codified L § 5-18B-33 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-33 - Proposals to be sealed--Contents.

5-18B-33. Proposals to be sealed--Contents.Any proposal shall be sealed and may not be opened until expiration of the time established for making proposals as set forth in the design-build request for proposals. To the extent required by the request for proposals, any proposal shall identify each person to whom the design-builder proposes to sublet obligations under the design-build contract. At a minimum, any proposal shall identify each person to whom the design-builder proposes to sublet any design obligations or general construction obligations. Any person so identified may not be replaced without the approval of the purchasing agency. Any proposal shall establish a cost of the design-build contract that may not be exceeded if the proposal is accepted without change. The maximum cost in the proposal may be converted to fixed prices by negotiated agreement between the purchasing agency and the selected design-builder. Source: SL 2010, ch 31, §72.
SD Codified L § 5-18B-34 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-34 - Confidentiality of proposals.

5-18B-34. Confidentiality of proposals.Until a proposal is accepted, the drawings, specifications, and other information in the proposal remain the property of the person making the proposal. The purchasing agency shall make reasonable efforts to maintain the secrecy and confidentiality of any proposal and all information contained in any proposal and may not disclose any proposal or the information contained in a proposal to the design-builder's competitors. The purchasing agency may not disclose, except as may be permitted pursuant to chapter 1-27, confidential and proprietary information contained in any proposal to the public until such time as the purchasing agency takes final action to accept a proposal. Source: SL 2010, ch 31, §73.
SD Codified L § 5-18B-35 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-35 - Review and opinion of performance criteria developer--Submission to governing body.

5-18B-35. Review and opinion of performance criteria developer--Submission to governing body.Once received, any proposal shall be submitted to the performance criteria developer for review. Clarifications may be required to ensure conformance of any proposal with the performance criteria. In seeking clarifications, the performance criteria developer may not reveal any aspect of any design-builder's proposal to any other design-builder. No proposal may be considered until the performance criteria developer issues a written opinion that the proposal is consistent with the performance criteria. Once the performance criteria developer has issued such an opinion, the proposal shall be submitted to the governing body of the purchasing agency for review and evaluation. No proposal or design-build contract may be accepted unless the purchasing agency determines there was adequate competition for such contract. Source: SL 2010, ch 31, §74.
SD Codified L § 5-18B-36 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-36 - Acceptance of a proposal--Evaluation criteria scores.

5-18B-36. Acceptance of a proposal--Evaluation criteria scores.After obtaining and evaluating proposals according to the criteria and procedures set forth in the design-build request for proposals, a purchasing agency may accept the proposal it considers most advantageous to the purchasing agency. Acceptance of a proposal shall be by written notice to the design-builder which submitted the accepted proposal. At the same time notice of acceptance is delivered, the purchasing agency shall also inform, in writing, the other design-builders that their proposals were not accepted. Unless all proposals are rejected, a detailed breakdown of the evaluation criteria scores for each proposal received shall be made available to the public after signature execution of the design-build contract. The contract for development of performance criteria shall terminate if a contract is awarded to the design-builder. Source: SL 2010, ch 31, §75.
SD Codified L § 5-18B-37 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-37 - Rejection of design-build proposals--Solicitation of new proposals.

5-18B-37. Rejection of design-build proposals--Solicitation of new proposals.The purchasing agency may reject any and all design-build proposals. The purchasing agency may solicit new proposals using the same or different performance criteria, budget constraints, or qualifications. Source: SL 2010, ch 31, §76.
SD Codified L § 5-18B-38 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-38 - Withdrawal of design-build proposal.

5-18B-38. Withdrawal of design-build proposal.Any design-build proposal may be withdrawn by the proposer for any reason at any time prior to acceptance. Source: SL 2010, ch 31, §77.
SD Codified L § 5-18B-39 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-39 - Construction manager engagement.

5-18B-39. Construction manager engagement.Any purchasing agency may engage a construction manager if planning, designing, or constructing a public improvement, or if improving, altering, or repairing a public improvement. However, no purchasing agency is required to engage a construction manager. Source: SL 2010, ch 31, §78.
SD Codified L § 5-18B-40 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-40 - Services of construction manager.

5-18B-40. Services of construction manager.Construction management services provided in the planning and design phases of a public improvement project may include:(1)Services provided in the planning and design phases of a public improvement project including the following:(a)Consulting with, advising, assisting, and making recommendations to the public corporation and architect or engineer on all aspects of planning for project construction;(b)Reviewing all plans and specifications as they are being developed and making recommendations with respect to construction feasibility, availability of material and labor, time requirements for procurement and construction, and projected costs;(c)Making, reviewing, and refining budget estimates based on the public corporation's program and other available information;(d)Making recommendations to the public corporation and the architect or engineer regarding the division of work in the plans and specifications to facilitate bidding and awarding of contracts;(e)Soliciting the interest of capable contractors and assisting the public corporation in taking bids on the project;(f)Analyzing the bids received and awarding contracts; and(g)Preparing and monitoring a progress schedule during the design phase of the project and preparation of a proposed construction schedule; and(2)Services provided in the construction phase of the public improvement project including the following:(a)Maintaining competent supervisory staff to coordinate and provide general direction of the work and progress of the contractors on the project;(b)Observing the work as it is being performed for general conformance with working drawings and specifications;(c)Establishing procedures for coordinating among the public corporation, architect or engineer, contractors, and construction manager with respect to all aspects of the project and implementing labor policy in conformance with the requirements of the public corporation's policy and making recommendations;(d)Reviewing and processing all applications for payment by involved contractors and material suppliers in accordance with the terms of the contract;(e)Making recommendations for and processing requests for changes in the work and maintaining records of change orders;(f)Scheduling and conducting job meetings to ensure orderly progress of the work;(g)Developing and monitoring a project progress schedule, coordinating and expediting the work of all contractors, and providing periodic status reports to the owner and the architect and engineer; and(h)Establishing and maintaining a cost control system and conducting meetings to review costs. Source: SL 2010, ch 31, §79.
SD Codified L § 5-18B-41 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-41 - Manager-agent.

5-18B-41. Manager-agent.No construction manager-agent may contract directly with any contractor or supplier for the project. Source: SL 2010, ch 31, §80.
SD Codified L § 5-18B-42 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-42 - Manager-at-risk.

5-18B-42. Manager-at-risk.The construction manager-at-risk shall directly contract with subcontractors and suppliers for the project. Source: SL 2010, ch 31, §81.
SD Codified L § 5-18B-43 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-43 - Criteria for construction manager engagement.

5-18B-43. Criteria for construction manager engagement.Unless the construction manager-agent is an employee of the purchasing agency and provides the construction management services pursuant to such employment, no purchasing agency may engage the services of a construction manager except as follows:(1)The purchasing agency shall first make the following determinations:(a)That it is in the public interest to utilize the services of a construction manager; and(b)That the construction management services would not unreasonably duplicate and would be in addition to the normal scope of separate architect or engineer contracts;(2)Notwithstanding any other provisions of this chapter, no construction manager may contract to perform actual construction on the project, except as follows:(a)The construction manager may perform general conditions of the construction contract as required by the owner;(b)The construction manager is a construction manager-at-risk and was solicited through a qualification-based request for proposals method of procurement as provided in §5-18B-44 and the construction manager-at-risk, for any actual construction contracted by the construction manager-at-risk to be performed on the project, provides payment and performance bonds and competitively bids the work as required by any statute governing bidding and bonding for public improvement projects;(c)Pursuant to a contract awarded on an emergency basis, pursuant to §5-18A-9; or(d)Pursuant to a contract negotiated pursuant to subdivision 5-18A-5(9); and(3)No person, firm, or corporation may act as a construction manager-agent and also as a contractor on any public improvement, except as follows:(a)Pursuant to a contract awarded on an emergency basis, pursuant to §5-18A-9; or(b)Pursuant to a contract negotiated pursuant to subdivision 5-18A-5(9). Source: SL 2010, ch 31, §82.