reglab/housing_qa huggingface dataset:
SD Codified L § 5-18A-48 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-48 - Persons involved in grant or contract determinations ineligible for grant or contract--Performance evaluation by recipients and sub-recipients prohibited.

5-18A-48. Persons involved in grant or contract determinations ineligible for grant or contract--Performance evaluation by recipients and sub-recipients prohibited.No person involved in the determination of the recipient of a grant or contract from a state agency may be awarded the grant or contract. No recipient or sub-recipient of a grant or contract from a state agency may conduct any external evaluation of the performance of the grant or contract. Source: SL 2018, ch 44, §4.
SD Codified L § 5-18A-49 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18A - Public Agency Procurement--General Provisions|Section 5-18A-49 - Forms for acknowledging review of conflict of interest policy and disclosing conflicts.

5-18A-49. Forms for acknowledging review of conflict of interest policy and disclosing conflicts.Any person holding a statewide office as defined in §12-27-1, and any head of an agency in the executive branch, shall annually sign a form, as created by the Bureau of Human Resources, acknowledging that the person has reviewed the state conflict of interest policy and disclosing any conflicts that have not previously been disclosed. The Bureau of Human Resources shall compile the forms and present them annually for review by the Government Operations and Audit Committee. Source: SL 2018, ch 44, §5.
SD Codified L § 5-18B-1 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-1 - Plans and specifications--Advertisement--Availability.

5-18B-1. Plans and specifications--Advertisement--Availability.If a contract is for the construction of a public improvement, the required advertisement shall state where the plans and specifications may be examined. The plans and specifications for the construction of any public improvement shall be and remain on file in the office of the purchasing agency at all times from the beginning of the publication of the advertisement for bids until the completion of the public improvement. The purchasing agency shall, upon request, furnish at least one copy of the plans and specifications, without charge, to each contractor resident in South Dakota who intends, in good faith, to bid upon the public improvement. The copy shall be available at the date of the first publication of the advertisement for bids. The purchasing agency may require the return of the copy at the time of the opening of the bids. Source: SL 2010, ch 31, §40.
SD Codified L § 5-18B-2 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-2 - Certified check or cashier's check for percentage of bid or bid bond required.

5-18B-2. Certified check or cashier's check for percentage of bid or bid bond required.If the invitation for bids is for the construction of a public improvement, each bid shall contain a certified check or a cashier's check, for five percent of the amount of the bid. Such check shall be certified or issued by either a state or a national bank and payable to the purchasing agency or to an officer of the purchasing agency letting the contract and inviting bids. In lieu of a check, a bid may contain a bid bond for ten percent of the amount of the bid. Such bond to be issued by a surety authorized to do business in this state payable to the purchasing agency, as a guaranty that the bidder will enter into a contract with the purchasing agency, its board or officers thereof, in accordance with the terms of the letting and bid in case the bidder be awarded the contract. Source: SL 2010, ch 31, §41.
SD Codified L § 5-18B-3 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-3 - Check or bid bond requirement--Waiver.

5-18B-3. Check or bid bond requirement--Waiver. Notwithstanding the provisions of §5-18B-2, the requirement of a bid bond, certified or cashier's check, cash, or other security may be waived by the purchasing agency if the bid submitted does not exceed the limit established pursuant to § 5-18A-14 for a public improvement. Source: SL 2010, ch 31, §42; SL 2021, ch 33, § 1.
SD Codified L § 5-18B-4 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-4 - Surety bond or insurance contract required in bid, in contract, or by law.

5-18B-4. Surety bond or insurance contract required in bid, in contract, or by law.No purchasing agency may, directly or indirectly, require or direct a bidder on any public improvement contract that is about to be or has been competitively bid to obtain from a particular insurer or insurance producer any surety bond or contract of insurance required in the bid or contract or required by any law, ordinance, or rule. However, the surety insurer shall be an authorized insurer under Title 58. Nothing in this section prevents any purchasing agency from exercising the right to approve or reject a surety bond or contract of insurance as to its form or sufficiency. Source: SL 2010, ch 31, §43.
SD Codified L § 5-18B-5 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-5 - Negotiations if lowest responsive and responsible bid exceeds final estimated project cost.

5-18B-5. Negotiations if lowest responsive and responsible bid exceeds final estimated project cost.If the lowest responsive and responsible bid for a public improvement project exceeds the final estimated project cost, the Bureau of Administration, acting on behalf of the state, or any other purchasing agency may negotiate with that low bidder for the construction of a public improvement at the most advantageous price. Source: SL 2010, ch 31, §44.
SD Codified L § 5-18B-6 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-6 - Certification regarding labor provided by nonresident subcontractors.

5-18B-6. Certification regarding labor provided by nonresident subcontractors.Prior to execution of a public improvement contract, a successful bidder shall certify:(1)That no more than twenty percent of the cost of labor included in the contract is being provided by nonresident subcontractors; or(2)That more then twenty percent of the cost of labor included in the contract is being provided by nonresident subcontractors because resident contractors are not available and at competitive prices.The bidder shall also provide any information requested by the purchasing agency to verify the certification. Source: SL 2010, ch 31, §45.
SD Codified L § 5-18B-7 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-7 - Contractor's use tax liability.

5-18B-7. Contractor's use tax liability.If a purchasing agency is to supply tangible personal property to be used in performance of the contract and the personal property is taxable to the contractor under §10-46-5, the specifications or notice to bidders shall state the purchase price or fair market value of the tangible personal property, whichever is the greater. The stated amount shall be the basis for determining the contractor's liability for tax. Source: SL 2010, ch 31, §46.
SD Codified L § 5-18B-8 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-8 - Forfeited funds accrue to funds provided for construction.

5-18B-8. Forfeited funds accrue to funds provided for construction.Any funds forfeited by a bidder or surety shall accrue to the funds provided for construction of the public improvement. Source: SL 2010, ch 31, §47.
SD Codified L § 5-18B-9 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-9 - Time limits--Return of checks--Return or destruction of bid bonds.

5-18B-9. Time limits--Return of checks--Return or destruction of bid bonds.No bidder on a public improvement contract may be required, either in the invitation for bids or otherwise, to leave a certified check or cashier's check, or bid bond, posted for a longer period than allowed in §5-18A-5 if the bid is not accepted. The check or bid bond of the successful bidder shall be returned upon the execution of the contract and surety hereafter provided for. The checks of all unsuccessful bidders shall be, by the purchasing agency, immediately returned to the respective makers thereof and the bid bonds of all unsuccessful bidders shall be, by the purchasing agency, immediately destroyed. No more than forty-five days may elapse between the opening of the bids and either the acceptance of the bid of the lowest responsible bidder or the rejection of all of the bids presented. Source: SL 2010, ch 31, §48; SL 2016, ch 39, §3; SL 2019, ch 48, §1.
SD Codified L § 5-18B-10 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-10 - Plans and specifications prepared by architect or engineer.

5-18B-10. Plans and specifications prepared by architect or engineer.If a contract is based upon plans and specifications prepared by an architect or engineer, the contract's terms and conditions shall comply with the provisions provided in the "AIA Document A201, General Conditions of the Contract for Construction," by the American Institute of Architects in effect on January 1, 2020, the "ConsensusDOCS 200 Standard Agreement and General Conditions Between Owner and Contractor," by ConsensusDOCS LLC in effect January 1, 2020, or the "Standard General Conditions of the Construction Contract," 1990 Edition, by the Engineer's Joint Contract Documents Committee, in effect January 1, 2020, except when in conflict with the laws of this state. However, the purchasing agency may modify or delete, on a contract by contract basis, any portion of the "AIA Document A201, General Conditions of the Contract for Construction," "ConsensusDOCS 200 Standard Agreement and General Conditions Between Owner and Contractor," or the "Standard General Conditions of the Construction Contract." Source: SL 2010, ch 31, §49; SL 2020, ch 23, § 1.
SD Codified L § 5-18B-11 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-11 - Progress payments--Retention of funds from final payment--Interest.

5-18B-11. Progress payments--Retention of funds from final payment--Interest.The contract may permit progress payments, but an amount necessary to complete the improvement shall be retained from the final payment until the contract is executed in full and the public improvement completed to the satisfaction and acceptance of the purchasing agency. However, if the contractor has furnished the purchasing agency all required records and reports and a final inspection has been made, the purchasing agency shall pay to the contractor interest as set by the governing body at a rate of not less than the category E rate of interest as established by §54-3-16 on the amounts retained and on the final payment due the contractor beginning thirty days after the work under the contract has been completed, as evidenced either by the completion date established by the architect's or engineer's letter of acceptance or by the use and occupancy of the public improvement. The interest shall continue until the date when payment is tendered to the contractor unless delay in payment has been the result of federal participation in the contract in which event interest may not begin until thirty days after payment by the federal authority involved. If a portion of a progress payment is retained, other than the final payment, the purchasing agency shall pay to the contractor interest as set by the purchasing agency at a rate of not less than the category E rate of interest as established by §54-3-16 on the amount retained beginning thirty days after the contractor has furnished the purchasing agency with all required records and reports and a progress inspection. Source: SL 2010, ch 31, §50.
SD Codified L § 5-18B-12 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-12 - Bond or deposit of securities in lieu of retention of sums due for work performed.

5-18B-12. Bond or deposit of securities in lieu of retention of sums due for work performed.The purchasing agency may include in any contract for a public improvement provisions for a bond or the deposit of securities in lieu of sums retained from payments due a contractor for work performed pursuant to the terms of the contract. The contract document shall state the types of bond or securities to be accepted and the procedural requirements for the deposits. Source: SL 2010, ch 31, §51.
SD Codified L § 5-18B-13 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-13 - Occupancy before completion and acceptance.

5-18B-13. Occupancy before completion and acceptance.If a purchasing agency elects to use and occupy the public improvement before acceptance, the purchasing agency shall pay all amounts due under the contract except double the amount that the architect or engineer estimates to be necessary to complete the improvement in accordance with the plans and specifications or one percent of the contract price, or in any event not less than three hundred dollars. No interest may commence until thirty days after the work has been fully completed. Source: SL 2010, ch 31, §52.
SD Codified L § 5-18B-14 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-14 - Project superintendent--Installment payments--Final payment.

5-18B-14. Project superintendent--Installment payments--Final payment.The purchasing agency may appoint a competent superintendent who may be the architect or engineer furnishing the plans and specifications for the public improvement. The superintendent shall report to the purchasing agency or board every thirty days as to the progress and character of the work done by the contractor. Upon the reports of the superintendent, the purchasing agency shall make payments promptly to the contractor during the process of construction to the extent provided by the contract based on the value of the work done and materials furnished. The payments shall be divided into such installments as the board and the contractor may agree upon at the time of entering into the contract, and which shall be included in and be a part of the terms of the contract. No payment, however, constitutes an acceptance, in whole or in part, by the purchasing agency prior to making of the final payment and acceptance in full completion of the contract. Final payment of any sums due to the contractor shall be made within thirty days after the completion and acceptance of the public improvement by the purchasing agency. Source: SL 2010, ch 31, §53.
SD Codified L § 5-18B-15 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-15 - Architect or engineer may not be contractor or construction manager on project exceeding one hundred thousand dollars--Exemption.

5-18B-15. Architect or engineer may not be contractor or construction manager on project exceeding one hundred thousand dollars--Exemption.No person, firm, or corporation may act as architect or engineer and also as contractor or construction manager on any public improvement project if the amount to be expended exceeds one hundred thousand dollars. Any public improvement of an emergency nature that affects the public health and safety of the state and is funded through the use of an emergency appropriation or special appropriation, and any full-service firm that specializes in the design, fabrication, or installation of cultural or educational exhibits is exempt from this section. Source: SL 2010, ch 31, §54; SL 2017, ch 45, §1.
SD Codified L § 5-18B-16 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-16 - Unemployment compensation.

5-18B-16. Unemployment compensation.Each purchasing agency, on entering into a contract for a public improvement, shall provide in the contract that the contractor is required to pay the Department of Labor and Regulation of South Dakota all contributions and interest due under the provisions of chapter 61-5, on wages paid to individuals employed in performance of the contract. Source: SL 2010, ch 31, §55; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 5-18B-17 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-17 - Contractor's excise tax license.

5-18B-17. Contractor's excise tax license.No purchasing agency may award any contract for the construction of any public improvement unless the purchasing agency has verified with the Department of Revenue that the contractor has a contractor's excise tax license pursuant to chapter 10-46A or 10-46B. Source: SL 2010, ch 31, §56; SL 2011, ch 1 (Ex. Ord. 11-1), §35, eff. Apr. 12, 2011.
SD Codified L § 5-18B-18 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-18 - Contributions and interest due the Department of Labor and Regulation.

5-18B-18. Contributions and interest due the Department of Labor and Regulation.Before final payment may be made on any contract for public improvement, the purchasing agency awarding the contract shall require the contractor to furnish a certificate from the Department of Labor and Regulation that all contributions and interest due to the Department of Labor and Regulation in the performance of the contract have been paid. Source: SL 2010, ch 31, §57; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 5-18B-19 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-19 - Amendment or change order to existing contract.

5-18B-19. Amendment or change order to existing contract.Any amendment or change order to an existing contract for construction, reconstruction, or remodeling of a public improvement does not need to be bid if:(1)The contract contains unit prices for the same type or class of work;(2)The change or extra work is necessitated by circumstances related to soils, utilities, or unknown conditions directly affecting the performance of the work that were not reasonably foreseeable at the time the underlying contract was let and the change or extra work is necessary to the completion of the public improvement; or(3)The sum of the proposed amendment or change order plus the sum of all other prior unbid amendments or change orders, exclusive of change orders issued under subdivisions (1) and (2) of this section, does not exceed the following:(a)For contracts not more than five hundred thousand dollars, the greater of twenty-five thousand dollars or fifteen percent of the base contract;(b)For contracts exceeding five hundred thousand dollars but not more than two million five hundred thousand dollars, the greater of seventy-five thousand dollars or ten percent of the base contract; and(c)For contracts exceeding two million five hundred thousand dollars, the greater of two hundred fifty thousand dollars or five percent of the base contract. Source: SL 2010, ch 31, §58.
SD Codified L § 5-18B-20 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-20 - Design-build contracts.

5-18B-20. Design-build contracts.A purchasing agency may enter into design-build contracts for public improvements, if the following conditions are met:(1)The purchasing agency shall, prior to issuing any design-build request for proposals, establish and publish procedures for the solicitation and award of design-build contracts. The Bureau of Administration shall establish the procedures for the state. The procedures shall include the following:(a)The procedure to select or designate a performance criteria developer utilizing a qualification based process and the procedure to prepare performance criteria;(b)The procedures for the preparation and contents of a design-build request for proposals;(c)The procedure and standards to be used to qualify or pre-qualify design-builders;(d)The procedures for preparing and submitting proposals;(e)The procedures for evaluating proposals;(f)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 confidential information and proprietary information supplied by those submitting proposals, consistent with §5-18B-34;(g)The procedures for awarding and executing design-build contracts;(h)The procedures for awarding design-build contracts in the event of public emergencies as defined in §5-18A-9; and(i)The procedures for acting on formal protests relating to the solicitation or award of design-build contracts;(2)The purchasing agency shall, for each public improvement under this section, make a determination that it is in the best interest of the public to enter into a design-build contract to complete the public improvement. The determination to utilize design-build and the basis for the determination shall be recorded in the project file or the minutes of the meeting of the governing board of the purchasing agency. In making this determination, design-build projects shall meet one or more of the following criteria:(a)The purchasing agency requires a project design and construction time line that is faster than the traditional design/bid/build process would allow;(b)The complexity of the project requires close coordination of design and construction expertise or an extreme amount of coordination;(c)The purchasing agency requires early cost commitments; or(d)The project can be defined at an early stage and the purchasing agency is able to specify all requirements; and(3)The purchasing agency shall follow the procedures of other laws governing public improvement construction contracts to the extent such laws are compatible with the use of design-build contracts. Source: SL 2010, ch 31, §59.
SD Codified L § 5-18B-21 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 18B - Procurement Of Public Improvements|Section 5-18B-21 - Design-builder to be authorized.

5-18B-21. Design-builder to be authorized.No design-builder may do business in this state unless authorized as either an architect, engineer, or general contractor. Source: SL 2010, ch 31, §60.