reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-50 - Prohibited foreign contracts--Certification.

5-18A-50. Prohibited foreign contracts--Certification.
A purchasing agency may not execute a contract that is subject to §5-18A-14, 5-18A-40, 5-18B-29, 5-18B-44, or 5-18D-17 with a prohibited entity. A purchasing agency may rely on a contractor’s certification, made pursuant to §5-18A-51, without conducting any further investigative research or inquiry.
Source: SL 2023, ch 18, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-51 - Prohibited foreign contracts--Notice--Certify on offer--Termination permitted.

5-18A-51. Prohibited foreign contracts--Notice--Certify on offer--Termination permitted.
A request for proposal, an invitation to bid, or any other document issued by a purchasing agency, with the intent of soliciting responses for the potential award of a contract, must include notice of the certification requirement of this section.
Each bidder or offeror shall, at the time a bid or offer is submitted, or at the time a contract that is subject to §5-18A-14, 5-18A-40, 5-18B-29, 5-18B-44, or 5-18D-17 is awarded or renewed, certify, in writing, that the bidder or offeror is not a prohibited entity.
If at any time thereafter, any party to a contract subject to §5-18A-14, 5-18A-40, 5-18B-29, 5-18B-44, or 5-18D-17 becomes a prohibited entity, that party must provide written notification to the purchasing agency. Upon receiving the notification, the agency may terminate the contract.
Source: SL 2023, ch 18, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-52 - Prohibited foreign contracts--Grounds for waiver.

5-18A-52. Prohibited foreign contracts--Grounds for waiver.
The commissioner of the Bureau of Administration, or the commissioner's designee, or the governing board of a unit of local government, as applicable, may waive the prohibition set forth in §5-18A-50 and the certification required in §5-18A-51, except as prohibited by federal law, if:
(1)Compliance is not possible;
(2)The supplies or services subject to the contract are unique or would be otherwise unavailable; or
(3)There is no other market participant.
Source: SL 2023, ch 18, §4.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-53 - Prohibited foreign contracts--False certification--Cause to suspend or debar.

5-18A-53. Prohibited foreign contracts--False certification--Cause to suspend or debar.
Any certification that falsely indicates a person is not a prohibited entity at the time of certification, and any failure to provide written notification to the purchasing agency that a person has become a prohibited entity as required by §5-18A-51, is cause to suspend or debar a business under §5-18D-12.
Source: SL 2023, ch 18, §5.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.