reglab/housing_qa huggingface dataset:
SD Codified L § 5-18A-7 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-7 - Procedures for competitive sealed proposals.

5-18A-7. Procedures for competitive sealed proposals.The procedures for issuing a contract through competitive sealed proposals are as follows:(1)The proposals shall be solicited through a request for proposals. The request for proposals shall state the relative importance of price and other factors, if any;(2)Public notice of the request for proposals shall be given pursuant to §5-18A-14;(3)A proposal may be submitted either manually or electronically in a manner authorized by the purchasing agency;(4)Each proposal shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation. A register of proposals shall be prepared documenting the name and address of each offeror and identifying each offeror awarded a contract. The register shall be open for public inspection after contract award;(5)As provided in the request for proposals, a discussion may be conducted with any responsible offeror who submitted a proposal determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Each offeror shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of a proposal. A revision may be permitted after a submission and prior to an award for the purpose of obtaining the best and final offer. In conducting any discussion, there may be no disclosure of any information derived from any proposal submitted by a competing offeror;(6)An award shall be made to the responsible offeror whose proposal conforms to the solicitation and is determined in writing to be the most advantageous to the purchasing agency taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria may be used in the evaluation. The contract file shall contain the basis on which the award is made. Written notice of the award of a contract to the successful offeror shall be promptly given to each offeror. The purchasing agency may reject any and all proposals and readvertise for proposals if none of the proposals are satisfactory, or if the purchasing agency believes any agreement has been entered into by the offerors to prevent competition; and(7)This section does not apply to state professional service contracts issued pursuant to §5-18A-37 and §§5-18D-17 to 5-18D-24, inclusive. Source: SL 2010, ch 31, §8.
SD Codified L § 5-18A-8 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-8 - Unique supplies or services--Sole source procurement--Negotiations.

5-18A-8. Unique supplies or services--Sole source procurement--Negotiations.A contract may be awarded for supplies or services without competition if the purchasing agency determines in writing that the supplies or services are of such a unique nature that the contractor selected is clearly and justifiably the only practicable source to provide the supplies or services. The determination that the contractor selected is justifiably the sole source shall be based on either the uniqueness of the supplies or services or the sole availability at the location required. In such cases, the purchasing agency shall conduct negotiations, including price, delivery, and quantity to obtain the most advantageous price and shall include the written verification of the sole source in the contract file. This section does not apply to construction services or construction equipment. Source: SL 2010, ch 31, §9.
SD Codified L § 5-18A-9 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-9 - Emergency procurement.

5-18A-9. Emergency procurement.A purchasing agency may make or authorize others to make an emergency procurement without advertising the procurement if rentals are not practicable and there exists a threat to public health, welfare, or safety or for other urgent and compelling reasons. Failure to abide by the bid provisions of this chapter and chapters 5-18B, 5-18C, and 5-18D in a timely manner is not an emergency. An emergency procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. Source: SL 2010, ch 31, §10.
SD Codified L § 5-18A-10 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-10 - Records of sole source procurement and emergency procurement contracts.

5-18A-10. Records of sole source procurement and emergency procurement contracts.The purchasing agency shall maintain a record listing each contract made under sole source procurement and emergency procurement for a minimum of five years. The record shall contain:(1)Each contractor's name;(2)The amount and type of each contract; and(3)A listing of the supplies, services, and public improvements procured under each contract. Source: SL 2010, ch 31, §11.
SD Codified L § 5-18A-11 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-11 - Purchases of supplies and services under twenty-five thousand dollars.

5-18A-11. Purchases of supplies and services under twenty-five thousand dollars.Unless otherwise specified by statute, purchases of supplies and services under twenty-five thousand dollars shall be made as follows:(1)Notwithstanding other provisions of chapter 5-18A or 5-18D, the Bureau of Administration may authorize state agencies and institutions to make purchases of supplies over four thousand dollars and under twenty-five thousand dollars by obtaining three quotes from different vendors. If three quotes cannot be obtained, the Bureau of Administration may approve the purchase if in the best interest of the state, require additional quotes to be obtained, or require the purchase be advertised for bids;(2)State purchases of supplies under four thousand dollars may be made in accordance with procedures established by the purchasing agency in the best interests of the state;(3)State purchases of services under twenty-five thousand dollars may be made in accordance with procedures established by the purchasing agency in the best interests of the state; and(4)For all other purchasing agencies, purchases under twenty-five thousand dollars may be made in accordance with procedures established by the purchasing agency.No purchases may be artificially divided to constitute a small purchase under this section. Source: SL 2010, ch 31, §12; SL 2011, ch 31, §2.
SD Codified L § 5-18A-12 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-12 - Cancellation of invitation for bids or request for proposals and rejection of bids or proposals.

5-18A-12. Cancellation of invitation for bids or request for proposals and rejection of bids or proposals.An invitation for bids, a request for proposals, or other solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, if the purchasing agency determines it is in the best interests of the agency. The reasons for the cancellation or rejection shall be made part of the contract file. Source: SL 2010, ch 31, §13.
SD Codified L § 5-18A-13 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-13 - Centralized public bid exchange created.

5-18A-13. Centralized public bid exchange created.There is hereby created a centralized public bid exchange. The Bureau of Administration shall establish the exchange either within the bureau or within another public or private organization. The purpose of the exchange is to facilitate the publishing of official state and political subdivision bids to provide greater notice to bidders and to the state and its political subdivisions. The exchange shall maintain a list of all state bids and proposals and all bids and proposals provided by political subdivisions which participate in the exchange. The exchange shall set and charge each bidder, offeror, or political subdivision or both a fee for participation in the exchange to defray the cost of administering the exchange. Source: SL 2010, ch 31, §14.
SD Codified L § 5-18A-14 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-14 - Public improvement contracts--Supplies and services contracts--Advertisement for bids or proposals.

5-18A-14. Public improvement contracts--Supplies and services contracts--Advertisement for bids or proposals.If the purchasing agency intends to enter into a contract for any public improvement that involves the expenditure of one hundred thousand dollars or more, or a contract for the purchase of supplies or services, other than professional services, that involves the expenditure of twenty-five thousand dollars or more, the purchasing agency shall advertise for bids or proposals. The advertisement shall appear as a legal notice in the appointed legal newspaper. The advertisement shall be printed at least twice, with the first publication at least ten days before opening of bids or the deadline for the submission of proposals. The first publication shall be in each official newspaper of the purchasing agency, and the second publication may be in any legal newspaper of the state chosen by the purchasing agency. If the purchasing agency has no official newspaper, the first publication shall be made in a legal newspaper with general circulation in the jurisdiction of the purchasing agency to be selected by the purchasing agency. The advertisement shall state the time and place where the bids will be opened or the deadline for the submission of proposals. In each notice, the purchasing agency shall reserve the right to reject any or all bids or proposals. Source: SL 2010, ch 31, §15; SL 2020, ch 22, § 1.
SD Codified L § 5-18A-15 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-15 - Time for entering into contract.

5-18A-15. Time for entering into contract.After receiving notice of a contract award, the successful bidder or offeror shall enter into a contract with the purchasing agency within the time specified in the invitation for bids or request for proposals. If any bidder or offeror fails to enter into a contract within the time specified, the contract may be awarded to the next lowest responsive and responsible bidder or offeror for the same kind of work and material, unless all bids or proposals are rejected. The defaulting bidder or offeror shall be responsible for the difference in price. Source: SL 2010, ch 31, §16.
SD Codified L § 5-18A-16 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-16 - Recovery from defaulting bidder or offeror.

5-18A-16. Recovery from defaulting bidder or offeror.If any successful bidder or offeror fails to fulfill the conditions of an awarded contract, the purchasing agency may proceed to recover from the defaulting party whatever damages may have been sustained as a result of the default. The purchasing agency shall have all remedies provided in the contract and provided by law. Source: SL 2010, ch 31, §17.
SD Codified L § 5-18A-17 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-17 - Self-dealing by state officer or employee in award or terms of agency contract prohibited.

5-18A-17. Self-dealing by state officer or employee in award or terms of agency contract prohibited.No state officer or employee who approves, awards, or administers a contract on behalf of a state agency, may have an interest in a contract or derive a direct benefit from a contract that is within the scope of the officer's or employee's official duties, nor for a one-year period following the end of their employment or position as a state officer may the officer or employee derive a direct benefit as a result of such contract except as provided in §5-18A-17.2. In addition, no such officer or employee may enter into any contract, other than a contract of employment, with any state agency for a period of one year following their leaving office or employment except as provided in §5-18A-17.3. This prohibition includes any state officer or employee who, in his or her official capacity, recommends the approval or award of the contract or who supervises a person who approves, awards, or administers the contract. This prohibition does not include any state officer who serves without compensation or who may be paid per diem pursuant to §4-7-10.4. Source: SL 2010, ch 31, §18; SL 2011, ch 2, §154; SL 2015, ch 30, §2.
SD Codified L § 5-18A-17.1 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-17.1 - Direct benefit from contract.

5-18A-17.1. Direct benefit from contract.A state officer or employee derives a direct benefit from a contract if the state officer or employee, the officer's or employee's spouse, or other persons with whom the state officer or employee lives and commingles assets:(1)Has more than a five percent ownership or other interest in an entity that is a party to the contract;(2)Derives income, compensation, or commission directly from the contract or from the entity that is a party to the contract;(3)Acquires property under the contract; or(4)Serves on the board of directors of a for-profit entity that derives income or commission directly from the contract or acquires property under the contract.A state officer or employee does not derive a direct benefit from a contract based solely on the value associated with the officer's or employee's investments or holdings, or the investments or holdings of other persons with whom the state officer or employee lives and commingles assets. Source: SL 2015, ch 30, §3.
SD Codified L § 5-18A-17.2 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-17.2 - Authorization of officer or employee to be a party to or derive direct benefit from contract.

5-18A-17.2. Authorization of officer or employee to be a party to or derive direct benefit from contract.A governing body may authorize an officer or employee whose responsibilities include approving, awarding, or administering a contract on behalf of a state agency or supervising any employee who has these responsibilities to be a party to or derive a direct benefit from a contract if:(1)The officer or employee has provided full written disclosure to the governing body;(2)The governing body has reviewed the essential terms of the transaction or contract and the state officer's or employee's role in the contract or transaction; and(3)The transaction and the terms of the contract are fair, reasonable, and not contrary to the public interest.The authorization shall be in writing. Any authorization given pursuant to this section is a public record. Each authorization shall be filed with the commissioner of the Bureau of Human Resources, who shall compile the authorizations and present them annually for review by the Government Operations and Audit Committee. Source: SL 2015, ch 30, §4.
SD Codified L § 5-18A-17.3 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-17.3 - Authorization of contract with former officer or employee.

5-18A-17.3. Authorization of contract with former officer or employee.Within the one-year period prohibiting any contract with a state agency, the governing body of the state agency may approve a former officer or employee to contract with any state agency if the governing body determines that the transaction and the terms of the contract are fair, reasonable, and are in the best interests of the public. The authorization shall be in writing.Any approval given pursuant to this section is a public record. Each approval shall be filed with the commissioner of the Bureau of Human Resources, who shall compile the approvals and present them annually for review by the Government Operations and Audit Committee. Source: SL 2015, ch 30, §5.
SD Codified L § 5-18A-17.4 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-17.4 - Self-dealing violation as misdemeanor--Removal--Forfeiture of benefit--Contract voidable.

5-18A-17.4. Self-dealing violation as misdemeanor--Removal--Forfeiture of benefit--Contract voidable.A state officer or employee who knowingly violates the provisions of §3-16-8 or 5-18A-17 commits malfeasance in office. The state officer or employee shall be removed from office or employment and such person is guilty of a Class 1 misdemeanor. Any benefit to a person or entity derived from the person's knowing violation of §3-16-8 or 5-18A-17 is subject to forfeiture. Any contract made in violation of §3-16-8 or 5-18A-17 is voidable by the governing body. Source: SL 2015, ch 30, §6.
SD Codified L § 5-18A-17.5 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-17.5 - Specific conflict of interest prohibitions not affected.

5-18A-17.5. Specific conflict of interest prohibitions not affected.Nothing in §§5-18A-17 to 5-18A-17.6, inclusive, affects a specific conflict of interest prohibition that applies to specific employees. Source: SL 2015, ch 30, §7.
SD Codified L § 5-18A-17.6 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-17.6 - Definitions applicable to §§ 5-18A-17 to 5-18A-17.5.

5-18A-17.6. Definitions applicable to §§5-18A-17 to 5-18A-17.5.The terms used in §§5-18A-17 to 5-18A-17.5, inclusive, mean:(1)"State agency," each board, commission, committee, council, department, division, office, task force, or agency of state government. The term, state agency, does not include any authority created by the Legislature or executive order;(2)"State officer," a person who is elected or appointed to serve a state agency. The term does not include a member of the Legislature, a person who serves without compensation, or a person who is only paid per diem in accordance with §4-7-10.4;(3)"Governing body," the Executive Board of the Legislative Research Council, the Supreme Court, the Board of Regents, the Public Utilities Commission, each constitutional officer, the Board of Trustees of the South Dakota Retirement System, the State Investment Council, or the Governor;(4)"Administer a contract," decision making or substantive influence on the decision making concerning the manner, method, or means of a contract's performance or enforcement such as the ability to terminate, suspend, change terms, or evaluate the counter-party's performance under the contract. The term does not include review and approval of contract documents for matters of style and form or conformity with authorizing legislation or rule, mere clerical tasks such as posting, making, or reconciling payments or accounts under the contract, collecting or reporting fiscal data or other information in relation to the contract's performance, or relaying substantive decisions made by another person or body as to the manner, method, or means of a contract's performance or enforcement. Source: SL 2015, ch 30, §8.
SD Codified L § 5-18A-18 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-18 - Specifications to promote economy and encourage competition--Circumstances under which brand name or equal specifications permitted.

5-18A-18. Specifications to promote economy and encourage competition--Circumstances under which brand name or equal specifications permitted.Any specification shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the purchasing agency's needs, and may not be unduly restrictive. Brand name or equal specifications may be used if the purchasing agency determines in writing that:(1)No other design or performance specification or qualified products list is available;(2)Time does not permit the preparation of another form of purchase description, not including a brand name specification;(3)The nature of the product or the nature of the purchasing agency's requirements makes use of a brand name or equal specification suitable for the procurement; or(4)Use of a brand name or equal specification is in the purchasing agency's best interests. Source: SL 2010, ch 31, §19.
SD Codified L § 5-18A-19 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-19 - Requirements for brand name or equal specifications.

5-18A-19. Requirements for brand name or equal specifications.Brand name or equal specifications shall seek to designate three, or as many different brands as are practicable, as "or equal" references and shall further state that substantially equivalent products to those designated will be considered for award. Unless the purchasing agency determines in writing that the essential characteristics of the brand names included in the specifications are commonly known in the industry or trade, brand name or equal specifications shall include a description of the particular design, functional, or performance characteristics which are required. If a brand name or equal specification is used in a solicitation, the solicitation shall contain explanatory language that the use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. Source: SL 2010, ch 31, §20.
SD Codified L § 5-18A-20 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-20 - Circumstances under which brand name only specifications permitted.

5-18A-20. Circumstances under which brand name only specifications permitted.Brand name specification may be used only if the purchasing agency makes a written determination that only the identified brand name item or items will satisfy the agency's needs. The agency shall seek to identify sources from which the designated brand name item or items can be obtained and shall solicit such sources to achieve whatever degree of price competition is practicable. If only one source can supply the requirement, the procurement shall be made under the sole source procurement provisions of §5-18A-8. Source: SL 2010, ch 31, §21.