reglab/housing_qa huggingface dataset:
SD Codified L § 5-18A-21 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-21 - Written contract required--Signatures.

5-18A-21. Written contract required--Signatures.Each contract shall be in writing, shall have the printed name of any individual signing the contract, and shall be signed on behalf of the purchasing agency by the authorized officials. 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, §22; SL 2018, ch 46, §1.
SD Codified L § 5-18A-23 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-23 - Purchase of foreign meat food products prohibited.

5-18A-23. Purchase of foreign meat food products prohibited.Except for canned meat food products that are not available from a domestic source, no purchasing agency may purchase any meat food products that are the products of any foreign country or that are imported from outside the boundaries of the United States. Source: SL 2010, ch 31, §26.
SD Codified L § 5-18A-24 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-24 - Grade A milk processors preferred.

5-18A-24. Grade A milk processors preferred.Any milk processor licensed pursuant to §39-6-7, bidding any milk or milk product under a competitive bid contract, shall receive the bid contract if the processor's bid is equal to, or within five percent or less, of any other bidder who is not a licensed processor. Source: SL 2010, ch 31, §27.
SD Codified L § 5-18A-25 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-25 - Preferences to certain resident businesses, qualified agencies, and businesses using South Dakota supplies or services.

5-18A-25. Preferences to certain resident businesses, qualified agencies, and businesses using South Dakota supplies or services.In awarding a contract, if all things are equal, including the price and quality of the supplies or services, a purchasing agency shall give preference:(1)To a qualified agency if the other equal low bid or proposal was submitted by a business that was not a qualified agency;(2)To a resident business if the other equal low bid or proposal was submitted by a nonresident business;(3)To a resident manufacturer if the other equal low bid or proposal was submitted by a resident business that is not a manufacturer;(4)To a resident business whose principal place of business is located in the State of South Dakota, if the other equal low bid or proposal was submitted by a resident business whose principal place of business is not located in the State of South Dakota; or(5)To a nonresident business providing or utilizing supplies or services found in South Dakota, if the other equal low bid or proposal was submitted by a nonresident business not providing or utilizing supplies or services found in South Dakota.In computing price, the cost of transportation, if any, including delivery, shall be considered. Source: SL 2010, ch 31, §28.
SD Codified L § 5-18A-26 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-26 - Resident bidder preferred over nonresident bidder from state or foreign province that has preference for resident bidders.

5-18A-26. Resident bidder preferred over nonresident bidder from state or foreign province that has preference for resident bidders.A resident bidder shall be allowed a preference on a contract against the bid of any bidder from any other state or foreign province that enforces or has a preference for resident bidders. The amount of the preference given to the resident bidder shall be equal to the preference in the other state or foreign province. Source: SL 2010, ch 31, §29.
SD Codified L § 5-18A-27 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-27 - List of states with resident bidder preferences.

5-18A-27. List of states with resident bidder preferences.The Bureau of Administration shall maintain a current list of all states that have a resident bidder preference law and the amount or percent of preference taken by each state. The bureau shall make the list available upon request to any purchasing agency. Source: SL 2010, ch 31, §30.
SD Codified L § 5-18A-28 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-28 - List of supplies, custodial services, and maintenance services provided by qualified agency.

5-18A-28. List of supplies, custodial services, and maintenance services provided by qualified agency.A qualified agency may submit a list of supplies, custodial services, and maintenance services, provided by the agency, to the Bureau of Administration. The bureau shall make the information available to purchasing agencies of the State of South Dakota on a website maintained by the bureau. Source: SL 2010, ch 31, §31.
SD Codified L § 5-18A-29 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-29 - Persons with disabilities.

5-18A-29. Persons with disabilities.No provision of this chapter or chapter 5-18B, 5-18C, or 5-18D may be so construed as to prohibit any person with a disability from negotiating a contract for service or supplies or in any other manner doing business with any purchasing agency. Source: SL 2010, ch 31, §32.
SD Codified L § 5-18A-30 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-30 - Supplies manufactured from recycled or biobased materials.

5-18A-30. Supplies manufactured from recycled or biobased materials.A purchasing agency may give preference to the purchase of supplies manufactured from recycled or biobased materials if the bids are within five percent of the lowest bid offering nonrecycled or nonbiobased materials. Source: SL 2010, ch 31, §33.
SD Codified L § 5-18A-31 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-31 - Information regarding preferences to be provided.

5-18A-31. Information regarding preferences to be provided.Prior to the award of a contract, the purchasing agency may require of each bidder or offeror such information as shall allow the agency to determine whether a bidder or offeror is entitled to a preference or subject to having a preference enforced against it under this chapter and chapters 5-18B, 5-18C, and 5-18D. Source: SL 2010, ch 31, §34.
SD Codified L § 5-18A-32 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-32 - Procurements utilizing federal funds.

5-18A-32. Procurements utilizing federal funds.In addition to the provisions of this chapter and chapters 5-18B, 5-18C, and 5-18D, any procurement utilizing federal funds is subject to any federal statutes and regulations governing the use and payment of such funds. Source: SL 2010, ch 31, §35.
SD Codified L § 5-18A-33 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-33 - Disallowance of noncomplying bid or offer--Contracts in violation void.

5-18A-33. Disallowance of noncomplying bid or offer--Contracts in violation void.Any bidder or offeror who fails to comply with the provisions of this chapter or chapter 5-18B, 5-18C, or 5-18D, or who provides any false information in the submission of any bid or offer is subject to having the bid or offer disallowed by the purchasing agency soliciting the bid or offer. Any contract entered into in violation of this chapter or chapter 5-18B, 5-18C, or 5-18D is null and void. Source: SL 2010, ch 31, §36.
SD Codified L § 5-18A-34 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-34 - Bureau of Administration to serve as state's central procurement agency.

5-18A-34. Bureau of Administration to serve as state's central procurement agency.The Bureau of Administration shall serve as the central procurement agency of the State of South Dakota. Except for the legislative and judicial branches and as otherwise specifically provided in this chapter and chapters 5-18B, 5-18C, and 5-18D, the Bureau of Administration shall procure, or authorize the procurement of all supplies and public improvements for state government. No claim for any such procurement may be paid unless authorization has been issued by the bureau. All state agencies and institutions are responsible for the procurement of services for their respective governmental unit. The governing body of all other purchasing agencies, including the legislative and judicial branches of state government, is responsible for procuring or authorizing the procurement of supplies, services, and public improvements for their respective governmental unit. Source: SL 2010, ch 31, §37.
SD Codified L § 5-18A-35 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-35 - Bond or approved security.

5-18A-35. Bond or approved security.In the procurement of supplies or services, a purchasing agency may require a bond or an approved security to be submitted with any bid or proposal as a guarantee that the bidder will enter into a contract with the purchasing agency. No offeror or bidder may be required to leave the bond or security posted for a longer period than that allowed by §5-18A-5 if the bid or proposal is not accepted. The bond or approved security of the successful offeror or bidder shall be returned upon the signing of the contract. Source: SL 2010, ch 31, §38; SL 2016, ch 39, §2.
SD Codified L § 5-18A-36 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-36 - Performance and payment bond or approved security.

5-18A-36. Performance and payment bond or approved security.For any public improvement contract, a performance and payment bond is required pursuant to chapter 5-21. For any other contract, a purchasing agency may require a bond or an approved security to be provided by the successful offeror or bidder as a guarantee of faithful performance of the contract. In any case, the bond or approved security of the successful offeror or bidder shall be returned upon satisfactory completion of the contract. Source: SL 2010, ch 31, §39.
SD Codified L § 5-18A-37 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-37 - Cooperation and agreements with other state and federal purchasing agencies.

5-18A-37. Cooperation and agreements with other state and federal purchasing agencies.Any purchasing agency may enter into agreements with purchasing agents in this or any other state or the United States government under which any of the parties may agree to participate in, administer, sponsor, or conduct purchasing transactions under a joint agreement or contract for the purchase of supplies or contractual services. A purchasing agency may cooperate with purchasing agencies and other interested parties in any other state or the United States government to develop uniform purchasing specifications on a regional or national level to facilitate cooperative interstate purchasing transactions. Source: SL 2010, ch 31, §110.
SD Codified L § 5-18A-38 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-38 - Environmentally preferable products to be selected.

5-18A-38. Environmentally preferable products to be selected.The Bureau of Administration, any other designated state purchasing agent, and any agency making purchases shall, to the extent practicable, make purchasing selections to maximize the purchase of environmentally preferable products. The Bureau of Administration shall promulgate rules, pursuant to chapter 1-26, to establish specifications, requirements, and certification standards for the purchase for use by state government agencies of environmentally preferable products. The certification standards established by the bureau shall be based on standards established by the United States Environmental Protection Agency's Design for the Environment program, the TerraChoice EcoLogo program, the United States Department of Agriculture's Biopreferred program, the Green Seal program, or any other certification program or comparable data, including life cycle assessment data, approved by the bureau. No rule may prohibit the use of disinfectants, disinfecting cleaners, sanitizers, or any other antimicrobial product regulated by the federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. Sec. 136 et seq.), as amended to January 1, 2010, if the use is necessary to protect public health and if the use is in accordance with responsible cleaning procedure requirements. Source: SL 2010, ch 31, §120.
SD Codified L § 5-18A-39 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-39 - Reverse auction permitted for certain procurements.

5-18A-39. Reverse auction permitted for certain procurements.Notwithstanding any other provision of this chapter, a purchasing agency may conduct an online reverse auction for the procurement of supplies or nonprofessional services, if the purchasing agency determines in writing that a reverse auction is appropriate for the specific procurement. No reverse auction may be used to establish contracts for public improvements, professional services, or indefinite quantity supply purchases. Source: SL 2013, ch 29, §1.
SD Codified L § 5-18A-40 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-40 - Procedures applicable to reverse auctions.

5-18A-40. Procedures applicable to reverse auctions.The following procedures apply to the use of an online reverse auction:(1)The purchasing agency shall pre-qualify bidders to participate in the reverse auction event. The pre-qualification shall be completed by issuing an invitation to qualify. The factors used to determine a vendor qualified for the reverse auction shall be clearly stated in the invitation to qualify. No other factors may be used to qualify a vendor for the reverse auction than those stated in the invitation to qualify;(2)Public notice shall be given pursuant to §5-18A-14 of the invitation to qualify;(3)The purchasing agency shall notify any responding vendor as to whether the vendor has qualified. The purchasing agency may not disclose to the public or other vendors, the name of any vendor that has been invited to the reverse auction until after the reverse auction has occurred;(4)A bidder shall directly enter bids on the internet to participate in the reverse auction. The purchasing agency may not accept bids via any alternate method;(5)Any clarification, negotiation, and acceptance of all specifications, requirements, and terms and conditions shall occur before the purchasing agency decides whether to invite a vendor to the reverse auction. After the reverse auction, the purchasing agency may permit changes only if the changes do not affect the justification that was used to eliminate any other vendor from being qualified;(6)During any reverse auction, the online view of the bids presented to the bidders may not identify who has placed a particular bid. Each bidder may see only the amount of the bid;(7)If a bidder loses the ability to place bids during an auction for any reason, the auction shall be suspended until all bidders regain the ability to place bids via the internet auction site. If no resolution to the problem is imminent, the reverse auction may be terminated and rescheduled by the purchasing agency. In addition, the auction may be suspended or terminated for any reason by the purchasing agency or the reverse auction service provider. Upon resuming an auction after a suspension, the time remaining shall be the time remaining when the auction was suspended or ten minutes, whichever is greater;(8)In conducting a reverse auction, the agency may establish an extension activation period, which is the number of minutes before the end of the auction during which, if a bid is received, the auction will be extended by a pre-defined number of additional minutes. The minimum extension activation period that may be used is ten minutes; and(9)After the reverse auction is completed, the award shall be made in accordance with §5-18A-5. Source: SL 2013, ch 29, §2.
SD Codified L § 5-18A-41 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-41 - Bureau of Administration to conduct reverse auction for supplies for state agency.

5-18A-41. Bureau of Administration to conduct reverse auction for supplies for state agency.The Bureau of Administration shall conduct any online reverse auction that is for the procurement of supplies on behalf of any state agency. Source: SL 2013, ch 29, §3.
SD Codified L § 5-18A-42 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-42 - Fair and open competition in government contracts.

5-18A-42. Fair and open competition in government contracts.Sections 5-18A-43 to 5-18A-47, inclusive, are intended to provide for more economical, nondiscriminatory, neutral, and efficient procurement of construction-related goods and services by this state and political subdivisions of this state as market participants by providing for fair and open competition in government contracts. Source: SL 2014, ch 40, §1.
SD Codified L § 5-18A-43 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-43 - Terms prohibited in construction contracts.

5-18A-43. Terms prohibited in construction contracts.Subject to the provisions of §5-18A-45, no governmental unit awarding a contract after July 1, 2014, for the construction, repair, remodel, or demolition of a facility and no construction manager acting on behalf of the governmental unit may include any of the following in a bid specification, project agreement, or other controlling document:(1)A term that requires or prohibits a bidder, offeror, contractor, or subcontractor from entering into or adhering to an agreement with one or more labor organizations in regard to that project or a related construction project; or(2)A term that otherwise discriminates against a bidder, offeror, contractor, or subcontractor for becoming, remaining, or refusing to become or remain a signatory to, or for adhering or refusing to adhere to, an agreement with one or more labor organizations in regard to that project or a related construction project. Source: SL 2014, ch 40, §2.
SD Codified L § 5-18A-44 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-44 - Conditional grant, tax abatement, and tax credit prohibited in construction contracts.

5-18A-44. Conditional grant, tax abatement, and tax credit prohibited in construction contracts.Subject to the provisions of §5-18A-45, no governmental unit may award a grant, tax abatement, or tax credit that is conditioned upon a requirement that the awardee include a term described in §5-18A-43 in a contract or document for any construction, improvement, maintenance, or renovation to real property or fixture that is the subject of the grant, tax abatement, or tax credit. Source: SL 2014, ch 40, §3.
SD Codified L § 5-18A-45 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-45 - Conditions related to agreements with labor organizations.

5-18A-45. Conditions related to agreements with labor organizations.Nothing in §§5-18A-42 to 5-18A-47, inclusive, prohibits a governmental unit from awarding a contract, grant, tax abatement, or tax credit to a private owner, bidder, contractor, or subcontractor who enters into or who is party to an agreement with a labor organization, if being or becoming a party or adhering to an agreement with a labor organization is not a condition for award of the contract, grant, tax abatement, or tax credit, and if the governmental unit does not discriminate against a private owner, bidder, contractor, or subcontractor in the awarding of that contract, grant, tax abatement, or tax credit based upon the status as being or becoming, or the willingness or refusal to become, a party to an agreement with a labor organization.Nothing in §§5-18A-42 to 5-18A-47, inclusive, prohibits a contractor or subcontractor from voluntarily entering into or complying with an agreement entered into with one or more labor organizations in regard to a contract with a governmental unit or funded in whole or in part from a grant, tax abatement, or tax credit from the governmental unit. Source: SL 2014, ch 40, §4.
SD Codified L § 5-18A-46 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-46 - Exemptions for special circumstances.

5-18A-46. Exemptions for special circumstances.The head of a governmental unit may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of any or all of the provisions of §§5-18A-43 and 5-18A-44 only if the governmental unit finds, after public notice and a hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety. A finding of special circumstances under this section may not be based on the possibility or presence of a labor dispute concerning the use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one or more labor organizations, or concerning employees on the project who are not members of or affiliated with a labor organization. Source: SL 2014, ch 40, §5.
SD Codified L § 5-18A-47 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-47 - Construction with National Labor Relations Act.

5-18A-47. Construction with National Labor Relations Act.Nothing in §§5-18A-42 to 5-18A-46, inclusive, prohibits an employer or other party from entering into an agreement or engaging in any other activity protected by the National Labor Relations Act, 29 U.S.C. 151 to 169.Nothing in §§5-18A-42 to 5-18A-46, inclusive, interferes with labor relations of parties that are not regulated by the National Labor Relations Act, 29 U.S.C. 151 to 169. Source: SL 2014, ch 40, §6.