reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-14 - Hilger's Gulch condemnation validated.

5-15-14. Hilger's Gulch condemnation validated.
The acts of the commission in its exercise of the power of eminent domain on behalf of the state and in the selection of the lands acquired in the action of condemnation heretofore brought by the commission in the circuit court for Hughes County, South Dakota, to acquire unimproved land in the area known as Hilger's Gulch in the city of Pierre adjacent to the existing capitol grounds, are hereby confirmed as if heretofore expressly conferred and the action is cured, validated, and legalized from its inception.
Source:
SL 1961, ch 316, §7; SL 2011, ch 2, §63.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-15 - Board to determine location of any new building in capitol complex.

5-15-15. Board to determine location of any new building in capitol complex.
The location of any building to be erected in the capitol complex shall be determined by the majority vote of a board consisting of the Governor, chair of the commission, and the executive head or officer of any of the branches of state government, or the chair, commissioner, or head of any department, board, commission or agency thereof, for which a new building is authorized to be erected.
Source:
SL 1963, ch 321, §3; SL 1980, ch 48, §10; SL 2011, ch 2, §64.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-16 - Commission power to execute contracts and instruments.

5-15-16. Commission power to execute contracts and instruments.
The commission may make and execute all contracts and other instruments which may be required in connection with the enlargement, renovation, and beautification of the state capitol grounds and other duties imposed upon the commission by §§5-15-1 to 5-15-23, inclusive.
Source:
SL 1961, ch 316, §2 (c); SL 1980, ch 48, §11; SL 2011, ch 2, §65.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-17 - Lease and management of property acquired by commission.

5-15-17. Lease and management of property acquired by commission.
The commission may lease, manage, control, and maintain any of the property heretofore or hereafter acquired by it, and to execute lease, or rental agreements therefor as the commission deems advisable. No lease agreement may exceed a term of two years. The lease agreement shall be executed by the chair and secretary.
Source:
SL 1961, ch 316, §2 (g); SL 2011, ch 2, §66.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-18 - Sale of excess property by commission--Advertising and notice--Bids and offers.

5-15-18. Sale of excess property by commission--Advertising and notice--Bids and offers.
The commission may sell unneeded or excess property of the commission other than real property and sever any buildings or structures from the land. The sale of any property by the commission shall be at public auction or upon sealed bids, to be held in Hughes County, South Dakota, to the highest bidder for cash. Notice of sale, containing terms of sale shall be given by the commission which shall be published in at least two of the official newspapers of the county once a week for two successive weeks next before the day, on or after which the sale is to be made, which date, and the location where such auction will be held, shall be stated in the notice and shall be at least fifteen days from the first publication of notice. The right to reject any and all bids is reserved. A sale may not be made before the day set but shall be made within sixty days thereafter. If bids or offers are used, the bids shall be in writing and shall be filed in the office of the chairman or secretary of the commission in Pierre.
Source:
SL 1961, ch 316, §2 (f); SL 1963, ch 321, §1; SL 2011, ch 2, §67.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-19 - Sale of property to public agencies--Advertisement not required--Approval by Board of Finance.

5-15-19. Sale of property to public agencies--Advertisement not required--Approval by Board of Finance.
The commission may make sales of structures, material, or property severed from the land, or other personal property to the public and to other state agencies, departments, or political subdivisions. Such sales to state agencies, departments, or political subdivisions shall follow the procedures for other sales. However, no notice or advertisement for bid requirements or time of sale requirements applies to such sale. If the sale of any such property agreed to by the commission exceeds the sum of one hundred dollars, the sale shall be submitted by the commission to the State Board of Finance for approval and, if approved, a bill of sale may be executed by the commission.
Source:
SL 1961, ch 316, §2 (f); SL 1963, ch 321, §1; SL 2011, ch 2, §68.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-20 - Destruction and disposal of buildings.

5-15-20. Destruction and disposal of buildings.
The commission may dispose of, wreck, and destroy any building acquired by it, its determination therefor to be approved by the State Board of Finance.
Source:
SL 1961, ch 316, §2 (f); SL 1963, ch 321, §1; SL 2011, ch 2, §69.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-23 - Promulgation of rules for complex restoration and beautification.

5-15-23. Promulgation of rules for complex restoration and beautification.
The commission may promulgate rules, pursuant to chapter 1-26, necessary and proper for the purposes of and not inconsistent with §§5-15-1 to 5-15-20, inclusive.
Source:
SL 1961, ch 316, §2 (e); SL 2006, ch 2, §19; SL 2011, ch 2, §70.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-24 - Governor's Grove.

5-15-24. Governor's Grove.
A portion of the capitol grounds, as now exists and lies north of Church Street located in Hilger's Gulch shall be known as the Governor's Grove. The Governor's Grove shall, under the supervision of the Bureau of Administration, be properly landscaped and parked and shall contain a grove of hardy, long-lived trees, each one properly marked and maintained as a memorial grove to the past, present, and future Governors of South Dakota. A new tree, as an addition to such grove, shall be set out and properly dedicated on the first Arbor Day following the election of each Governor. This grove shall be maintained as an adjunct to the capitol grounds and shall be used for no other memorial purpose than as is provided for in this section. However, a gateway to the grove may be provided in which each county in the state shall be represented by a properly inscribed stone or marker.
Source:
SL 1949, ch 243, §§1 to 3; SDC Supp 1960, §55.0114; SL 2011, ch 2, §71.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-25 - Supervision of improvements and extensions of capitol grounds and buildings.

5-15-25. Supervision of improvements and extensions of capitol grounds and buildings.
Except as provided by §§5-14-2 and 5-15-17, the Bureau of Administration shall have control and supervision of all permanent improvements and extensions of the capitol grounds and buildings and of the disbursement of all moneys appropriated for such purposes.
Source:
SL 1907, ch 83; SL 1909, ch 9; SL 1911, ch 27; SL 1913, ch 105; SL 1915, ch 41; SL 1915, ch 56; SL 1917, ch 103; RC 1919, §10178; SDC 1939, §55.2008.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-26 - Maintenance and protection of buildings and grounds--Employment of personnel.

5-15-26. Maintenance and protection of buildings and grounds--Employment of personnel.
The commissioner of administration shall be the superintendent of the state capitol. The commissioner shall control, manage, and supervise the buildings and grounds. The commissioner shall employ engineers, carpenters, electricians, plumbers, mechanics, watchmen, policemen, elevator operators, guides, janitors, and other laborers as may be necessary for the proper care, safety, management, and maintenance of the capitol and grounds, and the public property there kept, and for the proper protection of the properties from injury and deterioration.
Source:
SL 1925, ch 115, ch II, art VI, §2; SDC 1939, §55.2702; SL 2011, ch 2, §75.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-27 - Procurement of office space outside capitol building.

5-15-27. Procurement of office space outside capitol building.
The Bureau of Administration shall also, under the direction of the commissioner of administration, and with the consent of the Governor, arrange for procuring office rooms outside of the capitol where necessity requires.
Source:
SL 1925, ch 115, ch II, art VI, §2; SDC 1939, §55.2702.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-28 - Working capital account for maintenance of buildings and grounds.

5-15-28. Working capital account for maintenance of buildings and grounds.
There is hereby established a working capital account in the state treasury for the purpose of providing maintenance services for the various buildings and grounds under the jurisdiction of the Bureau of Administration.
Source:
SL 1966, ch 182, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-29 - Reimbursement by agencies of depreciation and maintenance costs.

5-15-29. Reimbursement by agencies of depreciation and maintenance costs.
The Bureau of Administration may require state agencies to reimburse the bureau for the depreciation of physical facilities computed on their useful life and the actual cost of providing maintenance of physical facilities, including a proper share of utility costs, janitorial services, and supplies, utilized by the agency receiving such services. Such reimbursements shall be made to the Bureau of Administration on a monthly basis and the receipts from the reimbursements shall be deposited in the maintenance revolving account established in §5-15-28.
Source:
SL 1966, ch 182, §2; SL 1979, ch 35, §1; SL 1985, ch 33, §57.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-29.1 - Building depreciation fund--Expenditures.

5-15-29.1. Building depreciation fund--Expenditures.
There is hereby established a building depreciation fund in which funds collected for depreciation pursuant to §5-15-29 shall be deposited. Expenditures from such fund shall be made only upon approval of the Legislature or the special committee created by chapter 4-8A.
Source:
SL 1979, ch 35, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-29.2 - Public buildings fund--Deposit of proceeds from sale or lease of public lands.

5-15-29.2. Public buildings fund--Deposit of proceeds from sale or lease of public lands.
There is hereby created the public buildings fund in the state treasury into which shall be deposited all proceeds from the sale or lease of those public lands granted in §§12 and 17 of the Enabling Act for the construction, reconstruction, repair, renovation, furnishings, and equipment of public buildings at the state capitol. The commissioner of school and public lands is hereby directed to deposit all such proceeds earned after July 1, 1987, into the public buildings fund.
Source:
SL 1987, ch 53, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-30 - Expenditures from maintenance working capital account.

5-15-30. Expenditures from maintenance working capital account.
Expenditures may be made from the maintenance working capital account established in §5-15-28 for the purpose of providing maintenance services of buildings and grounds, but for no other purpose. Such expenditures shall be disbursed on warrants drawn by the state auditor pursuant to vouchers approved by the Bureau of Administration.
Source:
SL 1966, ch 182, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-34 - Promulgation of rules for conduct in capitol complex and grounds.

5-15-34. Promulgation of rules for conduct in capitol complex and grounds.
The commissioner of administration may promulgate such rules pursuant to chapter 1-26 as may be necessary to promote the health, safety, and general welfare, to prohibit public intoxication, disturbances, and disorderly assemblies, to keep the peace, and to declare what constitutes a nuisance within the buildings of the capitol complex and the capitol grounds. These rules may include the regulation of hours of general public accessibility to buildings within the capitol complex and the regulation of obstruction, speed limits, and parking on the streets and alleys within the capitol grounds.
Source:
SL 1974, ch 48, §2; SL 2011, ch 2, §79.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-35 - Violation of rule as petty offense.

5-15-35. Violation of rule as petty offense.
Any person who violates a rule promulgated pursuant to §5-15-34 commits a petty offense.
Source:
SL 1974, ch 48, §3; SL 1975, ch 54; SL 1980, ch 24, §71; SL 2011, ch 2, §80.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-36 - Policy-making and oversight duties of commission.

5-15-36. Policy-making and oversight duties of commission.
The commission shall set policy for and oversee the restoration and beautification of the state capitol complex, Pierre, South Dakota.
Source:
SL 1976, ch 58, §1; SL 1980, ch 48, §12; SL 2011, ch 2, §81.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-36.1 - Renovation plans--Commission approval.

5-15-36.1. Renovation plans--Commission approval.
The commission shall approve any plan of renovation of the capitol complex before the renovation may be constructed.
Source:
SL 1980, ch 48, §11B; SL 2011, ch 2, §82.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-44 - Historic areas of capitol building--Protection and preservation--Restoration projects.

5-15-44. Historic areas of capitol building--Protection and preservation--Restoration projects.
The commission created by §5-15-1 shall protect and preserve the integrity of the historic areas of the state capitol building and shall, from time to time, propose restoration projects to restore historic areas to their original appearance insofar as this objective is compatible with modern use.
Source:
SL 1980, ch 49, §1; SL 2011, ch 2, §83.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-45 - Alteration or covering of historic area prohibited--Public access--Exceptions.

5-15-45. Alteration or covering of historic area prohibited--Public access--Exceptions.
No person may alter, change, remodel, partition, cover, or conceal an historic area which is a part of the state capitol building. In addition, no person may deny access to an historic area traditionally open to the public by creating physical barriers to access by the public except as may be necessary for public health, safety, or the safety of the property, or for the orderly conduct of state business, without the approval of the commission. However, the commissioner of administration temporarily may deny access to any area by the public or create temporary barriers for a period up to ninety days if, in the commissioner's judgment, it is necessary to do so for the public health, safety, or the safety of the property, or to permit the orderly conduct of state business.
Source:
SL 1980, ch 49, §1; SL 2011, ch 2, §84.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-46 - Historic area traditionally open to the public.

5-15-46. Historic area traditionally open to the public.
For purposes of §§5-15-44 to 5-15-48, inclusive, an "historic area traditionally open to the public" includes the exterior of the state capitol building, the grounds of the state capitol building bordered by Capitol Lake, Capitol Avenue, Nicollet Avenue, and Broadway Avenue, the hallways on the first, second, third, and fourth floors of the state capitol building and the rotunda of the state capitol building.
Source:
SL 1980, ch 49, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-47 - Historic area defined.

5-15-47. Historic area defined.
For the purposes of §§5-15-44 to 5-15-48, inclusive, an "historic area" includes the chambers of the Supreme Court, the legislative chambers of the State House of Representatives and the State Senate, the reception area traditionally used by the Governor, and any mural, painting, statue, or decoration created for or attached to the state capitol building.
Source:
SL 1980, ch 49, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-50 - Bust of Peter Norbeck.

5-15-50. Bust of Peter Norbeck.
The State of South Dakota accepts the gift of Mrs. Peter Norbeck of a bust of the late United States Senator Norbeck and former Governor of this state, sculptured by the late Gutzon Borglum, to be placed in a suitable place on the capitol grounds to be determined by the commission.
Source:
SL 1951, ch 305; SL 1989, ch 53, §1; SL 2011, ch 2, §85.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-51 - Statue of General William Henry Harrison Beadle.

5-15-51. Statue of General William Henry Harrison Beadle.
The granite statue of General William Henry Harrison Beadle, South Dakota educator shall be permanently displayed in the state capitol on an appropriate pedestal.
Source:
SL 1987, ch 54; SL 1989, ch 53, §2; SL 2011, ch 2, §86.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-52 - Official tribal flag--Capitol building display.

5-15-52. Official tribal flag--Capitol building display.
The official flag of each of the nine federally recognized Indian tribes that share the common boundaries of this state may be displayed in a suitable place in the rotunda of the capitol building to be determined by the commission, with the agreement of the corresponding tribal government.
The Legislature may hold a ceremony open to the public to honor and recognize the flag display during each legislative session and representatives from each branch of state government and from each tribe shall be invited to participate.
Source:
SL 2021, ch 32, § 1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-53 - POW/MIA flag to be displayed.

5-15-53. POW/MIA flag to be displayed.
The POW/MIA flag must be displayed in a suitable place in the Senate and House of Representatives chambers of the state capitol building.
Source: SL 2022, ch 18, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 16 - State-Owned Housing Facilities › Section 5-16-1 - New facilities for officers and employees not to be provided.

5-16-1. New facilities for officers and employees not to be provided.
No living quarters, lodging, or domicile for the residency or occupancy of any state employee or officer, with or without his family, shall be constructed, purchased, or otherwise secured with state funds, except as provided in §5-16-3.
Source:
SL 1963, ch 324, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 16 - State-Owned Housing Facilities › Section 5-16-2 - Provision of facilities for officers and employees to be eliminated or discontinued.

5-16-2. Provision of facilities for officers and employees to be eliminated or discontinued.
The chief executive officers and boards of control of all state agencies and institutions which make available living quarters, lodging, or domicile for the residency or occupancy of any state employee or officer, with or without his family, are hereby directed to make an immediate and deliberate effort to eliminate or discontinue such making available of living quarters, lodging, or domicile, or both such elimination and discontinuance, except as provided in §5-16-3.
Source:
SL 1963, ch 324, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 16 - State-Owned Housing Facilities › Section 5-16-3 - Exemptions from restrictions on housing facilities.

5-16-3. Exemptions from restrictions on housing facilities.
The provisions of §§5-16-1 and 5-16-2 shall not apply to living quarters, lodging, or domicile for the residency or occupancy of any of the following state employees or officers:
(1)Governor;
(2)Chief executive officers of state institutions;
(3)Any employee of any state institution the nature of whose duties requires his presence at or near such institution as subject to call for duty at any time;
(4)Any employee of any state agency or institution the nature of whose duties requires his presence on or near the grounds of any park, memorial, or campus for security purposes.
Source:
SL 1963, ch 324, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 16 - State-Owned Housing Facilities › Section 5-16-4 - Furnishings not to be provided in state-owned facilities--Exceptions.

5-16-4. Furnishings not to be provided in state-owned facilities--Exceptions.
The chief executive officers and boards of control of all state agencies and institutions making available living quarters, lodging, or domicile for the residency or occupancy of any state employee or officer, with or without his family, shall not provide, supply, or otherwise make available any new, additional, or replacement furnishings, furniture, or other nonpermanent equipment, other than floor coverings and window drapes, for such living quarters, lodging, or domicile. Provided, however, that this section shall not apply to the Governor's mansion.
Source:
SL 1963, ch 324, §4; SL 1967, ch 259.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-2 - Application to purchasing agency contracts.

5-18A-2. Application to purchasing agency contracts.
Unless otherwise authorized by law, the provisions of this chapter and chapters 5-18B, 5-18C, and 5-18D apply to all contracts issued by any purchasing agency.
Source:
SL 2010, ch 31, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-3 - Methods of awarding contracts.

5-18A-3. Methods of awarding contracts.
Unless otherwise authorized by law, each contract for supplies, services, and construction shall be awarded by one of the following methods:
(1)Competitive sealed bids as provided in §5-18A-5;
(2)Competitive sealed proposals as provided in §§5-18A-6 and 5-18A-7;
(3)Small purchases as provided in §5-18A-11;
(4)Sole source procurement as provided in §5-18A-8; or
(5)Emergency procurement as provided in §5-18A-9.
Source:
SL 2010, ch 31, §4.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-4 - Competitive sealed bids required.

5-18A-4. Competitive sealed bids required.
Contracts shall be awarded by the use of competitive sealed bids except as otherwise provided in this chapter and chapters 5-18B, 5-18C, and 5-18D.
Source:
SL 2010, ch 31, §5.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-6 - Competitive sealed proposals--When permitted.

5-18A-6. Competitive sealed proposals--When permitted.
A contract may be entered into by competitive sealed proposals if the purchasing agency determines in writing that the use of competitive sealed bids is either not practicable or not advantageous.
Source:
SL 2010, ch 31, §7.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-7 - Procedures for competitive sealed proposals.

5-18A-7. Procedures for competitive sealed proposals.
The procedures for issuing a contract through competitive sealed proposals are as follows:
(1)The proposals shall be solicited through a request for proposals. The request for proposals shall state the relative importance of price and other factors, if any;
(2)Public notice of the request for proposals shall be given pursuant to §5-18A-14;
(3)A proposal may be submitted either manually or electronically in a manner authorized by the purchasing agency;
(4)Each proposal shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation. A register of proposals shall be prepared documenting the name and address of each offeror and identifying each offeror awarded a contract. The register shall be open for public inspection after contract award;
(5)As provided in the request for proposals, a discussion may be conducted with any responsible offeror who submitted a proposal determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Each offeror shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of a proposal. A revision may be permitted after a submission and prior to an award for the purpose of obtaining the best and final offer. In conducting any discussion, there may be no disclosure of any information derived from any proposal submitted by a competing offeror;
(6)An award shall be made to the responsible offeror whose proposal conforms to the solicitation and is determined in writing to be the most advantageous to the purchasing agency taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria may be used in the evaluation. The contract file shall contain the basis on which the award is made. Written notice of the award of a contract to the successful offeror shall be promptly given to each offeror. The purchasing agency may reject any and all proposals and readvertise for proposals if none of the proposals are satisfactory, or if the purchasing agency believes any agreement has been entered into by the offerors to prevent competition; and
(7)This section does not apply to state professional service contracts issued pursuant to §5-18A-37 and §§5-18D-17 to 5-18D-24, inclusive.
Source:
SL 2010, ch 31, §8.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-8 - Unique supplies or services--Sole source procurement--Negotiations.

5-18A-8. Unique supplies or services--Sole source procurement--Negotiations.
A contract may be awarded for supplies or services without competition if the purchasing agency determines in writing that the supplies or services are of such a unique nature that the contractor selected is clearly and justifiably the only practicable source to provide the supplies or services. The determination that the contractor selected is justifiably the sole source shall be based on either the uniqueness of the supplies or services or the sole availability at the location required. In such cases, the purchasing agency shall conduct negotiations, including price, delivery, and quantity to obtain the most advantageous price and shall include the written verification of the sole source in the contract file. This section does not apply to construction services or construction equipment.
Source:
SL 2010, ch 31, §9.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-9 - Emergency procurement.

5-18A-9. Emergency procurement.
A purchasing agency may make or authorize others to make an emergency procurement without advertising the procurement if rentals are not practicable and there exists a threat to public health, welfare, or safety or for other urgent and compelling reasons. Failure to abide by the bid provisions of this chapter and chapters 5-18B, 5-18C, and 5-18D in a timely manner is not an emergency. An emergency procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.
Source:
SL 2010, ch 31, §10.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-10 - Records of sole source procurement and emergency procurement contracts.

5-18A-10. Records of sole source procurement and emergency procurement contracts.
The purchasing agency shall maintain a record listing each contract made under sole source procurement and emergency procurement for a minimum of five years. The record shall contain:
(1)Each contractor's name;
(2)The amount and type of each contract; and
(3)A listing of the supplies, services, and public improvements procured under each contract.
Source:
SL 2010, ch 31, §11.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-11 - Purchases of supplies and services under fifty thousand dollars.

5-18A-11. Purchases of supplies and services under fifty thousand dollars.
Unless otherwise specified by statute, purchases of supplies and services under fifty thousand dollars must be made as follows:
(1)Notwithstanding other provisions of chapter 5-18A or 5-18D, the Bureau of Administration may authorize state agencies and institutions to make purchases of supplies over four thousand dollars and under fifty thousand dollars by obtaining three quotes from different vendors. If three quotes cannot be obtained, the Bureau of Administration may approve the purchase if in the best interest of the state, require additional quotes to be obtained, or require the purchase be advertised for bids;
(2)State purchases of supplies under four thousand dollars may be made in accordance with procedures established by the purchasing agency in the best interests of the state;
(3)State purchases of services under fifty thousand dollars may be made in accordance with procedures established by the purchasing agency in the best interests of the state; and
(4)For all other purchasing agencies, purchases under fifty thousand dollars may be made in accordance with procedures established by the purchasing agency.
No purchases may be artificially divided to constitute a small purchase under this section.
Source: SL 2010, ch 31, §12; SL 2011, ch 31, §2; SL 2023, ch 17, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-12 - Cancellation of invitation for bids or request for proposals and rejection of bids or proposals.

5-18A-12. Cancellation of invitation for bids or request for proposals and rejection of bids or proposals.
An invitation for bids, a request for proposals, or other solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, if the purchasing agency determines it is in the best interests of the agency. The reasons for the cancellation or rejection shall be made part of the contract file.
Source:
SL 2010, ch 31, §13.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-13 - Centralized public bid exchange created.

5-18A-13. Centralized public bid exchange created.
There is hereby created a centralized public bid exchange. The Bureau of Administration shall establish the exchange either within the bureau or within another public or private organization. The purpose of the exchange is to facilitate the publishing of official state and political subdivision bids to provide greater notice to bidders and to the state and its political subdivisions. The exchange shall maintain a list of all state bids and proposals and all bids and proposals provided by political subdivisions which participate in the exchange. The exchange shall set and charge each bidder, offeror, or political subdivision or both a fee for participation in the exchange to defray the cost of administering the exchange.
Source:
SL 2010, ch 31, §14.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-14 - Public improvement contracts--Supplies and services contracts--Advertisement for bids or proposals.

5-18A-14. Public improvement contracts--Supplies and services contracts--Advertisement for bids or proposals.
If the purchasing agency intends to enter into a contract for any public improvement that involves the expenditure of one hundred thousand dollars or more, or a contract for the purchase of supplies or services, other than professional services, that involves the expenditure of fifty thousand dollars or more, the purchasing agency shall advertise for bids or proposals. The advertisement shall appear as a legal notice in the appointed legal newspaper. The advertisement shall be printed at least twice, with the first publication at least ten days before opening of bids or the deadline for the submission of proposals. The first publication shall be in each official newspaper of the purchasing agency, and the second publication may be in any legal newspaper of the state chosen by the purchasing agency. If the purchasing agency has no official newspaper, the first publication shall be made in a legal newspaper with general circulation in the jurisdiction of the purchasing agency to be selected by the purchasing agency. The advertisement shall state the time and place where the bids will be opened or the deadline for the submission of proposals. In each notice, the purchasing agency shall reserve the right to reject any or all bids or proposals.
Source: SL 2010, ch 31, §15; SL 2020, ch 22, §1; SL 2023, ch 17, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-15 - Time for entering into contract.

5-18A-15. Time for entering into contract.
After receiving notice of a contract award, the successful bidder or offeror shall enter into a contract with the purchasing agency within the time specified in the invitation for bids or request for proposals. If any bidder or offeror fails to enter into a contract within the time specified, the contract may be awarded to the next lowest responsive and responsible bidder or offeror for the same kind of work and material, unless all bids or proposals are rejected. The defaulting bidder or offeror shall be responsible for the difference in price.
Source:
SL 2010, ch 31, §16.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-16 - Recovery from defaulting bidder or offeror.

5-18A-16. Recovery from defaulting bidder or offeror.
If any successful bidder or offeror fails to fulfill the conditions of an awarded contract, the purchasing agency may proceed to recover from the defaulting party whatever damages may have been sustained as a result of the default. The purchasing agency shall have all remedies provided in the contract and provided by law.
Source:
SL 2010, ch 31, §17.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-17 - Self-dealing by state officer or employee in award or terms of agency contract prohibited.

5-18A-17. Self-dealing by state officer or employee in award or terms of agency contract prohibited.
No state officer or employee who approves, awards, or administers a contract on behalf of a state agency, may have an interest in a contract or derive a direct benefit from a contract that is within the scope of the officer's or employee's official duties, nor for a one-year period following the end of their employment or position as a state officer may the officer or employee derive a direct benefit as a result of such contract except as provided in §5-18A-17.2. In addition, no such officer or employee may enter into any contract, other than a contract of employment, with any state agency for a period of one year following their leaving office or employment except as provided in §5-18A-17.3. This prohibition includes any state officer or employee who, in his or her official capacity, recommends the approval or award of the contract or who supervises a person who approves, awards, or administers the contract. This prohibition does not include any state officer who serves without compensation or who may be paid per diem pursuant to §4-7-10.4.
Source:
SL 2010, ch 31, §18; SL 2011, ch 2, §154; SL 2015, ch 30, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-17.1 - Direct benefit from contract.

5-18A-17.1. Direct benefit from contract.
A state officer or employee derives a direct benefit from a contract if the state officer or employee, the officer's or employee's spouse, or other persons with whom the state officer or employee lives and commingles assets:
(1)Has more than a five percent ownership or other interest in an entity that is a party to the contract;
(2)Derives income, compensation, or commission directly from the contract or from the entity that is a party to the contract;
(3)Acquires property under the contract; or
(4)Serves on the board of directors of a for-profit entity that derives income or commission directly from the contract or acquires property under the contract.
A state officer or employee does not derive a direct benefit from a contract based solely on the value associated with the officer's or employee's investments or holdings, or the investments or holdings of other persons with whom the state officer or employee lives and commingles assets.
Source:
SL 2015, ch 30, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-17.2 - Authorization of officer or employee to be a party to or derive direct benefit from contract.

5-18A-17.2. Authorization of officer or employee to be a party to or derive direct benefit from contract.
A governing body may authorize an officer or employee whose responsibilities include approving, awarding, or administering a contract on behalf of a state agency or supervising any employee who has these responsibilities to be a party to or derive a direct benefit from a contract if:
(1)The officer or employee has provided full written disclosure to the governing body;
(2)The governing body has reviewed the essential terms of the transaction or contract and the state officer's or employee's role in the contract or transaction; and
(3)The transaction and the terms of the contract are fair, reasonable, and not contrary to the public interest.
The authorization shall be in writing. Any authorization given pursuant to this section is a public record. Each authorization shall be filed with the commissioner of the Bureau of Human Resources, who shall compile the authorizations and present them annually for review by the Government Operations and Audit Committee.
Source:
SL 2015, ch 30, §4.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-17.3 - Authorization of contract with former officer or employee.

5-18A-17.3. Authorization of contract with former officer or employee.
Within the one-year period prohibiting any contract with a state agency, the governing body of the state agency may approve a former officer or employee to contract with any state agency if the governing body determines that the transaction and the terms of the contract are fair, reasonable, and are in the best interests of the public. The authorization shall be in writing.
Any approval given pursuant to this section is a public record. Each approval shall be filed with the commissioner of the Bureau of Human Resources, who shall compile the approvals and present them annually for review by the Government Operations and Audit Committee.
Source:
SL 2015, ch 30, §5.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-17.4 - Self-dealing violation as misdemeanor--Removal--Forfeiture of benefit--Contract voidable.

5-18A-17.4. Self-dealing violation as misdemeanor--Removal--Forfeiture of benefit--Contract voidable.
A state officer or employee who knowingly violates the provisions of §3-16-8 or 5-18A-17 commits malfeasance in office. The state officer or employee shall be removed from office or employment and such person is guilty of a Class 1 misdemeanor. Any benefit to a person or entity derived from the person's knowing violation of §3-16-8 or 5-18A-17 is subject to forfeiture. Any contract made in violation of §3-16-8 or 5-18A-17 is voidable by the governing body.
Source:
SL 2015, ch 30, §6.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-17.5 - Specific conflict of interest prohibitions not affected.

5-18A-17.5. Specific conflict of interest prohibitions not affected.
Nothing in §§5-18A-17 to 5-18A-17.6, inclusive, affects a specific conflict of interest prohibition that applies to specific employees.
Source:
SL 2015, ch 30, §7.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-17.6 - Definitions applicable to §§5-18A-17 to .5.

5-18A-17.6. Definitions applicable to §§5-18A-17 to 5-18A-17.5.
The terms used in §§5-18A-17 to 5-18A-17.5, inclusive, mean:
(1)"State agency," each board, commission, committee, council, department, division, office, task force, or agency of state government. The term, state agency, does not include any authority created by the Legislature or executive order;
(2)"State officer," a person who is elected or appointed to serve a state agency. The term does not include a member of the Legislature, a person who serves without compensation, or a person who is only paid per diem in accordance with §4-7-10.4;
(3)"Governing body," the Executive Board of the Legislative Research Council, the Supreme Court, the Board of Regents, the Public Utilities Commission, each constitutional officer, the Board of Trustees of the South Dakota Retirement System, the State Investment Council, or the Governor;
(4)"Administer a contract," decision making or substantive influence on the decision making concerning the manner, method, or means of a contract's performance or enforcement such as the ability to terminate, suspend, change terms, or evaluate the counter-party's performance under the contract. The term does not include review and approval of contract documents for matters of style and form or conformity with authorizing legislation or rule, mere clerical tasks such as posting, making, or reconciling payments or accounts under the contract, collecting or reporting fiscal data or other information in relation to the contract's performance, or relaying substantive decisions made by another person or body as to the manner, method, or means of a contract's performance or enforcement.
Source:
SL 2015, ch 30, §8.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-18 - Specifications to promote economy and encourage competition--Circumstances under which brand name or equal specifications permitted.

5-18A-18. Specifications to promote economy and encourage competition--Circumstances under which brand name or equal specifications permitted.
Any specification shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the purchasing agency's needs, and may not be unduly restrictive. Brand name or equal specifications may be used if the purchasing agency determines in writing that:
(1)No other design or performance specification or qualified products list is available;
(2)Time does not permit the preparation of another form of purchase description, not including a brand name specification;
(3)The nature of the product or the nature of the purchasing agency's requirements makes use of a brand name or equal specification suitable for the procurement; or
(4)Use of a brand name or equal specification is in the purchasing agency's best interests.
Source:
SL 2010, ch 31, §19.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18A - Public Agency Procurement--General Provisions › Section 5-18A-19 - Requirements for brand name or equal specifications.

5-18A-19. Requirements for brand name or equal specifications.
Brand name or equal specifications shall seek to designate three, or as many different brands as are practicable, as "or equal" references and shall further state that substantially equivalent products to those designated will be considered for award. Unless the purchasing agency determines in writing that the essential characteristics of the brand names included in the specifications are commonly known in the industry or trade, brand name or equal specifications shall include a description of the particular design, functional, or performance characteristics which are required. If a brand name or equal specification is used in a solicitation, the solicitation shall contain explanatory language that the use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition.
Source:
SL 2010, ch 31, §20.