reglab/housing_qa huggingface dataset:
SD Codified L § 5-18B-44 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-44 - Criteria for construction manager-at-risk engagement.

5-18B-44. Criteria for construction manager-at-risk engagement.Each qualification based request for proposals required by subsection 5-18B-43(2)(b) to enter into a construction manager-at-risk services contract where the construction manager-at-risk intends to actually perform construction on the project, shall meet the following criteria:(1)The purchasing agency shall, prior to issuing any request for proposals to enter in a construction management services contract, establish and publish procedures for the solicitation and award of such contracts, which procedures shall include the following:(a)The procedures and standards to be used to qualify construction managers;(b)The procedures for preparing and submitting proposals;(c)The procedures for evaluating proposals;(d)The procedures for negotiations between the purchasing agency and those submitting proposals prior to the acceptance of a proposal. The procedures shall contain safeguards to preserve the confidential information and proprietary information supplied by those submitting proposals; and(e)The procedures for awarding construction management services contracts;(2)A request for proposals to enter into a construction management services contract shall contain the following elements:(a)The identity of the purchasing agency;(b)A description of the proposed public improvement;(c)A description of the qualifications the construction manager will be required to have;(d)The procedures to be followed for submitting proposals, the criteria for evaluation of a proposal and its relative weight, and procedures for making awards;(e)The proposed terms and conditions for the construction management services contract, including a description of the scope of services to be provided;(3)Notice of any request for proposals shall be advertised in accordance with the provisions of §5-18A-14;(4)After obtaining and evaluating proposals, a purchasing agency may accept the proposal it considers the most advantageous to the purchasing agency. Acceptance of a proposal shall be by written notice to the construction manager submitting the accepted proposal, and by simultaneously notifying in writing the other construction managers that their proposals were not accepted; and(5)The purchasing agency shall reserve the right to reject any or all proposals submitted. Source: SL 2010, ch 31, §83.
SD Codified L § 5-18B-45 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-45 - Active involvement of licensed design professional required.

5-18B-45. Active involvement of licensed design professional required.Each contract for a public improvement shall have a licensed design professional actively involved in the project from the start of design through final completion as required by chapter 36-18A. Source: SL 2010, ch 31, §84.
SD Codified L § 5-18B-46 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-46 - Improvement projects that rely on federal funding from FAA.

5-18B-46. Improvement projects that rely on federal funding from FAA.If an invitation for a bid for airport improvements states that the requirement the bid be awarded within thirty days has been waived, the provisions of subdivision 5-18A-5(7) and §5-18B-9 do not apply. If the bid award time exceeds thirty days, any bid may be withdrawn by the bidder without jeopardizing the bid bond. This section only applies to any improvement project that relies on federal funding from the federal aviation administration. Source: SL 2015, ch 51, §1.
SD Codified L § 5-18C-1 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18C - Procurement By Local Government Units|Section 5-18C-1 - Contract for transportation of students.

5-18C-1. Contract for transportation of students.No contract for the transportation of students may exceed five years. Specific provisions of the contract may be renegotiated during the term of the contract if guidelines for making changes are in the contract. Any change made during the term of the contract shall be reported in the school board minutes. Source: SL 2010, ch 31, §85.
SD Codified L § 5-18C-2 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18C - Procurement By Local Government Units|Section 5-18C-2 - Contract for services of school food service management company.

5-18C-2. Contract for services of school food service management company.No contract for the services of a local school food service management company may exceed one year. An original contract for the services of a school food service management company may be renewed annually no more than four times consecutively following the original contract. Both bid and contract shall specify that the contract may be renewed, but the local school is not required to renew the contract. Specific provisions of the original contract may be renegotiated prior to renewal if guidelines for making changes are in the original contract. The school board shall record in its minutes any changes made during the term of a food service management contract or renewal. Source: SL 2010, ch 31, §86.
SD Codified L § 5-18C-3 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18C - Procurement By Local Government Units|Section 5-18C-3 - Public sale or auction--Performance bond--Competitive quotations--Records to be retained.

5-18C-3. Public sale or auction--Performance bond--Competitive quotations--Records to be retained.The governing board of a unit of local government shall be exempted from the provisions of this chapter and chapters 5-18A, 5-18B, and 5-18D if it is able to purchase supplies at a substantial savings at a public sale or auction. Any performance bond required by §5-21-1 may be waived on items purchased for less than ten thousand dollars at a public sale or auction. The governing board shall contact and attempt to obtain competitive quotations from at least three suppliers of identical or similar supplies. The board may authorize an agent to attend a sale or auction and expend an amount not in excess of eighty percent of the average of the quotations received. A record of the names of the suppliers, the quotations received, and the procurement procedures used in purchasing shall be documented, noted in the minutes, and retained on file by the governing board. Source: SL 2010, ch 31, §87.
SD Codified L § 5-18C-4 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18C - Procurement By Local Government Units|Section 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-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.If a municipality requires a developer to install water, sanitary sewer, and storm sewer trunk lines or mains; sewer collection systems; or streets at the expense of the developer and the municipality requires the size of the trunk line or main, sewer collection systems, or streets to be larger than the developer's requirements, the price difference paid by the municipality and as determined by a licensed engineer's estimate is exempt from the provisions of this chapter and chapters 5-18A, 5-18B, and 5-18D.If a developer installs a regional storm sewer detention pond ahead of a municipality's schedule at the expense of the developer, the price of the pond construction paid by the municipality and based on certified quantities provided by a licensed engineer is exempt from the provisions of this chapter and chapters 5-18A, 5-18B, and 5-18D. Source: SL 2010, ch 31, §88; SL 2012, ch 45, §1.
SD Codified L § 5-18C-5 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18C - Procurement By Local Government Units|Section 5-18C-5 - County highway system and secondary highways--Dams.

5-18C-5. County highway system and secondary highways--Dams.Nothing in this chapter or chapter 5-18A, 5-18B, 5-18D, or 5-21 may be so construed as to prevent counties or townships from constructing or maintaining the county highway system and any secondary highways by means of drags, road planers, tractors, and other approved mechanical devices owned by said counties or townships. Nothing in this chapter or chapter 5-18A, 5-18B, 5-18D, or 5-21 may be construed to prevent the construction of dams in connection with water conservation projects if the cost of materials used does not exceed the total cost of twenty-five hundred dollars. Source: SL 2010, ch 31, §89.
SD Codified L § 5-18C-6 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18C - Procurement By Local Government Units|Section 5-18C-6 - Fuel purchased by local government units.

5-18C-6. Fuel purchased by local government units.The bid requirements of this chapter and chapters 5-18A, 5-18B, and 5-18D do not apply to the purchase of fuel by units of local government. The governing board of a unit of local government may, instead of advertising for bids, negotiate a contract for the purchase of fuel at the most advantageous price. The governing board shall contact and attempt to obtain competitive quotations from at least three suppliers. A record of the names of the suppliers, the quotations received and the procurement procedures used in purchasing shall be documented, noted in the minutes, and retained on file by the governing body. The contract may include a procedure for adjusting prices to meet changing market conditions not within the control of the vendor. Source: SL 2010, ch 31, §90.
SD Codified L § 5-18C-7 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18C - Procurement By Local Government Units|Section 5-18C-7 - Municipal garbage disposal contracts and supply contracts.

5-18C-7. Municipal garbage disposal contracts and supply contracts.For any contracts entered into pursuant to §9-32-11 or for any supply contract, any local government may include a procedure for adjusting prices to meet changing market conditions not within the control of the vendor. The adjustments may not result in increases in the profit of the vendor, and shall be supported by written justification filed with the purchasing agent of the unit of local government. Source: SL 2010, ch 31, §91.
SD Codified L § 5-18C-8 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18C - Procurement By Local Government Units|Section 5-18C-8 - Purchases from state contract list or below state contract price.

5-18C-8. Purchases from state contract list or below state contract price.Notwithstanding the provisions of this chapter or chapter 5-18A, 5-18B, or 5-18D, any purchasing agency of a local governmental unit may purchase, without advertising for bids, from a willing vendor, any supplies contained in the state contract list established pursuant to §5-18D-6, or from any willing vendor at a price at or below that shown in the state contract. The governing body of the purchasing agency shall note in its minutes what supplies were purchased from the state contract and shall further note the identity and address of the vendor and the price paid. If an item is purchased at a price lower than that found on the state contract, the purchasing agency shall note that fact in its minutes and show the identity and address of the vendor and the price paid. Source: SL 2010, ch 31, §92.
SD Codified L § 5-18D-1 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-1 - Classification of supplies.

5-18D-1. Classification of supplies.The Bureau of Administration shall classify all supplies purchased for the use of every agency of state government. The bureau shall group items of the same class so that contracts may be grouped for like commodities or classes of commodities. Source: SL 2010, ch 31, §94.
SD Codified L § 5-18D-2 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-2 - Estimates of projected purchases.

5-18D-2. Estimates of projected purchases.State agencies shall submit estimates of projected purchases within established commodity classifications as required by the Bureau of Administration. The bureau may change or modify the agency estimates in any manner determined to be in the best interest of the state. Source: SL 2010, ch 31, §95.
SD Codified L § 5-18D-3 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-3 - Pooling of combined estimated needs.

5-18D-3. Pooling of combined estimated needs.The Bureau of Administration may pool the combined estimated needs of several agencies for identical supplies or services under one contract. Source: SL 2010, ch 31, §96.
SD Codified L § 5-18D-4 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-4 - Electronic procurement.

5-18D-4. Electronic procurement.For any state contract, any electronic sealed bid or proposal may only be submitted through an electronic procurement system authorized for use by the Bureau of Administration. Source: SL 2010, ch 31, §97.
SD Codified L § 5-18D-5 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-5 - Expert advice and assistance.

5-18D-5. Expert advice and assistance.The Bureau of Administration may obtain expert advice and assistance from any officer or employee of any state agency for recommendations or assistance in the preparation of specifications and in the examination of bids or proposals or testing of samples submitted with bids or proposals. Source: SL 2010, ch 31, §98.
SD Codified L § 5-18D-6 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-6 - State contract list.

5-18D-6. State contract list.The Bureau of Administration shall establish a state contract list that contains a listing of the supplies or services which are in contracts executed by the bureau. The list shall also contain the name and address of the vendor supplying the supplies or services and the price of the item. The bureau shall make the contract list available to other purchasing agencies in a manner determined by the bureau to be the most efficient. Source: SL 2010, ch 31, §99.
SD Codified L § 5-18D-7 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-7 - State bidders list.

5-18D-7. State bidders list.The Bureau of Administration may establish a state bidders list in order to facilitate the notification of official state invitations for bids or requests for proposals. Bidders may request placement on the state bidders list and notification of any lettings issued under this chapter. The bureau may establish by rules, promulgated pursuant to chapter 1-26, a fee for placement on the list to defray the cost of administration. Any fees charged shall be deposited in the internal service fund created in §5-18D-8. Source: SL 2010, ch 31, §100.
SD Codified L § 5-18D-8 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-8 - Procurement management internal service fund created.

5-18D-8. Procurement management internal service fund created.There is hereby created in the state treasury a procurement management internal service fund. The commissioner of administration shall apportion all expenses incurred in the administration of the procurement management system to all state departments, agencies, and institutions utilizing such system. Payments received therefrom shall be deposited into the procurement management internal service fund. Source: SL 2010, ch 31, §101.
SD Codified L § 5-18D-9 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-9 - Rejection of bids to procure more advantageously elsewhere.

5-18D-9. Rejection of bids to procure more advantageously elsewhere.If, after all bids or proposals are examined, the Bureau of Administration is satisfied that it can procure any or all of the supplies or services covered by the bids or proposals more advantageously elsewhere than from those submitting bids or proposals, it may reject any or all bids or proposals and procure any or all of the required supplies or services at the most advantageous price. Source: SL 2010, ch 31, §102.
SD Codified L § 5-18D-10 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-10 - Drawing, signing, and filing of contracts.

5-18D-10. Drawing, signing, and filing of contracts.The attorney general shall draw all state contracts for supplies let under the provisions of this chapter and chapters 5-18A, 5-18B, and 5-18C. Each contract shall be signed by the commissioner of administration or a designee, on the part of the state, and by the party to whom the contract has been awarded. Each contract shall have the printed name of any individual signing the contract. Each contract and any required bond shall be filed in the Bureau of Administration. Failure to comply with the requirement for a printed name under this section does not void the terms or purpose of the contract. Source: SL 2010, ch 31, §103; SL 2018, ch 46, §2.
SD Codified L § 5-18D-11 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-11 - Cancellation or price adjustment for changing market conditions.

5-18D-11. Cancellation or price adjustment for changing market conditions.If a contract price for goods entered into by the state becomes unreasonable in view of changing market conditions, the Bureau of Administration may cancel the contract or adjust the contract price to meet the changing market conditions if it is necessary to obtain necessary supplies at the required time. Any contract price adjustment shall be justified in writing by the contractor to the Bureau of Administration and a copy of the adjustment and the written justification for the adjustment by the contractor and the bureau shall be filed with the auditor general. No contract price adjustment may allow for increased management costs or for an increase in the dollar amount of profit for the contractor having the contract. No contract price adjustment resulting in an increase may be made for or during the first ninety days of an annual contract. Source: SL 2010, ch 31, §104.
SD Codified L § 5-18D-12 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-12 - Suspension or debarment of business for cause.

5-18D-12. Suspension or debarment of business for cause.The Bureau of Administration, after notice to the business involved, may suspend or debar a business for cause from consideration of any state contracts. The suspension may not exceed three months and the debarment may not exceed three years. Any action to debar or suspend shall be conducted by the Bureau of Administration pursuant to chapter 1-26. Source: SL 2010, ch 31, §105.
SD Codified L § 5-18D-13 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-13 - Printing contracts--Penalty.

5-18D-13. Printing contracts--Penalty.Each state contract for printing shall provide for a specific amount of penalty for failure on the part of the contractor to deliver the public printing in accordance with the plans and specifications within the time to be designated in the contract. The penalty shall be a fixed sum for each day so delayed. The penalty shall be applied by the Bureau of Administration according to the contract. The amount of the penalty shall be deducted in the voucher for payment for the work done under the contract. The state auditor may draw no warrant for any amount deducted by the bureau in any voucher certified for payment by the bureau. However, no contractor may be held accountable for any delay occasioned by holding proof sheets. Source: SL 2010, ch 31, §106.
SD Codified L § 5-18D-14 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-14 - Printing office not to accept contracts from private individuals or organizations.

5-18D-14. Printing office not to accept contracts from private individuals or organizations.No printing office within state government, whether the office is within the Bureau of Administration or within an institution of higher education, may accept printing contracts or jobs from private individuals or organizations. Source: SL 2010, ch 31, §107.
SD Codified L § 5-18D-15 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-15 - Inscription listing publisher, number of copies, and cost of publication per copy.

5-18D-15. Inscription listing publisher, number of copies, and cost of publication per copy.The Bureau of Administration shall establish by rules, promulgated pursuant to chapter 1-26, the criteria by which any publication, brochure, pamphlet, or flyer with a total cost exceeding one hundred dollars, paid for and distributed by a state agency shall bear an inscription listing the publisher, the number of copies published, and the approximate cost of publication per copy. Source: SL 2010, ch 31, §108.
SD Codified L § 5-18D-16 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-16 - Soybean-based inks.

5-18D-16. Soybean-based inks.The Bureau of Administration shall purchase, if the price is reasonably competitive and the quality is acceptable, soybean-based inks in lieu of conventional inks for use in any state government operations. The bureau may require the use of soybean-based inks by any private vendor under contract to a state agency in carrying out the terms of the contract if the price of the inks is reasonably competitive and the quality is acceptable. Source: SL 2010, ch 31, §109.
SD Codified L § 5-18D-17 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18D - Procurement By State Agencies|Section 5-18D-17 - Professional services exceeding fifty thousand dollars.

5-18D-17. Professional services exceeding fifty thousand dollars.No agency of the state may award or renew a contract for professional services exceeding fifty thousand dollars without complying with the procedures set forth in this section to §5-18D-22, inclusive. Any agency seeking such professional services shall issue a request for proposals. The agency shall publish any request for proposals issued pursuant to this section on the electronic procurement system maintained by the Bureau of Administration. The request for proposals shall include the procedures for the solicitation and award of the contract. Source: SL 2010, ch 31, §111.