reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-20 - Design-build contracts.

5-18B-20. Design-build contracts.
A purchasing agency may enter into design-build contracts for public improvements, if the following conditions are met:
(1)The purchasing agency shall, prior to issuing any design-build request for proposals, establish and publish procedures for the solicitation and award of design-build contracts. The Bureau of Administration shall establish the procedures for the state. The procedures shall include the following:
(a)The procedure to select or designate a performance criteria developer utilizing a qualification based process and the procedure to prepare performance criteria;
(b)The procedures for the preparation and contents of a design-build request for proposals;
(c)The procedure and standards to be used to qualify or pre-qualify design-builders;
(d)The procedures for preparing and submitting proposals;
(e)The procedures for evaluating proposals;
(f)The procedures for negotiations between the purchasing agency and those submitting proposals prior to the acceptance of a proposal. The procedures shall contain safeguards to preserve confidential information and proprietary information supplied by those submitting proposals, consistent with §5-18B-34;
(g)The procedures for awarding and executing design-build contracts;
(h)The procedures for awarding design-build contracts in the event of public emergencies as defined in §5-18A-9; and
(i)The procedures for acting on formal protests relating to the solicitation or award of design-build contracts;
(2)The purchasing agency shall, for each public improvement under this section, make a determination that it is in the best interest of the public to enter into a design-build contract to complete the public improvement. The determination to utilize design-build and the basis for the determination shall be recorded in the project file or the minutes of the meeting of the governing board of the purchasing agency. In making this determination, design-build projects shall meet one or more of the following criteria:
(a)The purchasing agency requires a project design and construction time line that is faster than the traditional design/bid/build process would allow;
(b)The complexity of the project requires close coordination of design and construction expertise or an extreme amount of coordination;
(c)The purchasing agency requires early cost commitments; or
(d)The project can be defined at an early stage and the purchasing agency is able to specify all requirements; and
(3)The purchasing agency shall follow the procedures of other laws governing public improvement construction contracts to the extent such laws are compatible with the use of design-build contracts.
Source:
SL 2010, ch 31, §59.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-21 - Design-builder to be authorized.

5-18B-21. Design-builder to be authorized.
No design-builder may do business in this state unless authorized as either an architect, engineer, or general contractor.
Source:
SL 2010, ch 31, §60.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-22 - Subletting of design services.

5-18B-22. Subletting of design services.
A design-builder may sublet responsibility for professional design services to any person licensed and registered to provide professional design services in this state. Nothing in this section limits or eliminates the responsibility or liability of any person registered pursuant to chapter 36-18A, on a design-build project to the purchasing agency or other third parties under existing law.
Source:
SL 2010, ch 31, §61.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-23 - Subletting construction or other services.

5-18B-23. Subletting construction or other services.
A design-builder may sublet responsibility for construction or other services to persons registered, licensed, or otherwise qualified to provide those services in this state.
Source:
SL 2010, ch 31, §62.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-24 - Contracts with unlicensed or unqualified design-builder permitted if services sublet to licensed or qualified person.

5-18B-24. Contracts with unlicensed or unqualified design-builder permitted if services sublet to licensed or qualified person.
A design-builder may contract with the purchasing agency to provide professional services or construction services for which the design-builder is not licensed, registered, or qualified to perform, as long as the design-builder sublets all such services required under the design-build contract to a licensed, registered, or otherwise qualified person.
Source:
SL 2010, ch 31, §63.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-25 - Request for proposals to contain performance criteria--Qualifications of developer.

5-18B-25. Request for proposals to contain performance criteria--Qualifications of developer.
Any request for proposals shall contain performance criteria developed by a performance criteria developer and approved by the purchasing agency. For projects not exempted under chapter 36-18A from using a registered design professional, the performance criteria developer shall be a design professional registered under chapter 36-18A. For projects exempt under chapter 36-18A from using a registered design professional, the performance criteria developer shall be hired on the basis of qualifications related to projects of similar scope.
Source:
SL 2010, ch 31, §64.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-26 - Performance criteria developer and design builder to perform separate roles.

5-18B-26. Performance criteria developer and design builder to perform separate roles.
The performance criteria developer may not submit a proposal to enter into the design-build contract and the design-builder may not delegate or contract services under the design-build contract to the performance criteria developer.
Source:
SL 2010, ch 31, §65.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-27 - Performance criteria developer to be purchasing agency employee or engaged in accordance with statutorial procedures--Delegation.

5-18B-27. Performance criteria developer to be purchasing agency employee or engaged in accordance with statutorial procedures--Delegation.
The performance criteria developer shall be either an employee of the purchasing agency or shall be engaged in accordance with statutorial procedures for contracting with professional services. With the approval of the purchasing agency, the developer may delegate or contract for the development of specific aspects of the design criteria to other consultants. The performance criteria developer may be retained at the purchasing agency's option through to the completion of the design-build contract.
Source:
SL 2010, ch 31, §66.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-28 - Development of performance criteria.

5-18B-28. Development of performance criteria.
The purchasing agency, in consultation with the performance criteria developer, shall determine the scope and level of detail required for the performance criteria. The performance criteria shall be detailed enough to permit a person to submit a proposal in accordance with the design-build request for proposals, given the nature of the public project and the level of design to be provided in the proposal.
Source:
SL 2010, ch 31, §67.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-29 - Elements of design-build request for proposals--Time for mailing to pre-qualified design-builders.

5-18B-29. Elements of design-build request for proposals--Time for mailing to pre-qualified design-builders.
After a minimum of three design-builders have been pre- qualified in accordance with §5-18B-31, a design-build request for proposals shall be mailed to each pre-qualified design-builder. The minimum number of pre-qualified design-builders is not required for any improvement project that is complex in nature, requires close coordination of design and construction expertise, and does not require significant structural changes, additions, reconstruction, or new construction. The design-build request for proposals shall be prepared for each design-build contract containing the following elements:
(1)The identity of the purchasing agency which will award the design-build contract and the identity of the performance criteria developer;
(2)The procedures to be followed for submitting proposals, the criteria for evaluation of a proposal and its relative weight, and the procedures for making awards;
(3)The proposed terms and conditions for the design-build contract;
(4)The performance criteria, which shall include the following:
(a)The owners preliminary program of space needs and special requirements;
(b)Performance standards for materials and equipment; and
(c)Minimum system requirements and efficiencies;
(5)A description of the drawings, specifications, or other submittals to be submitted with the proposal, with guidance as to the form and level of completeness of the drawings, specifications, or submittals that is acceptable;
(6)A schedule for planned commencement and completion of the design-build contract;
(7)Budget limits for the design-build contract;
(8)Affirmative action, disadvantaged business, or set-aside goals or requirements for the design-build contract, if any;
(9)Requirements for performance and payment bonds, and insurance. These requirements shall meet the requirements of §5-21-1;
(10)The compensation, if any, to be given to design-builders submitting proposals who are not awarded the project;
(11)Whether project financing is in place;
(12)A schedule for payments to the design-builder;
(13)Site identification and geotechnical information if the site is owner-provided;
(14)Location of existing utilities and their capacity if the site is owner-provided; and
(15)Warranty and guarantee requirements.
Source:
SL 2010, ch 31, §68.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-30 - Design-build request not to be detailed--Drawings--Specifications--Standards.

5-18B-30. Design-build request not to be detailed--Drawings--Specifications--Standards.
No design-build request for proposals may include detailed designs or detailed drawings prepared by the criteria developer. The request may, however, include drawings of existing conditions and any preliminary conceptual sketches necessary to illustrate the information required by subdivision 5-18B-29(4). Each conceptual drawing shall contain the minimum information necessary to convey the requirements. No design-build request for proposals may include detailed construction specifications. Any design and construction standards in the request for proposals shall be performance standards only.
Source:
SL 2010, ch 31, §69.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-31 - Pre-qualification of design-builders--Elements of request for qualifications.

5-18B-31. Pre-qualification of design-builders--Elements of request for qualifications.
A purchasing agency shall pre-qualify design-builders for design-build contracts by advertising its request for qualifications in accordance with §5-18A-14. A request for qualifications shall contain the following elements:
(1)The identity of the purchasing agency;
(2)A description of the proposed public improvement;
(3)Budget limits for the proposed public improvement;
(4)The requirements the design-builder will be required to have; and
(5)The criteria and their relative weight for prequalification.
Source:
SL 2010, ch 31, §70.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-32 - Deposit or bond submitted with proposal--Forfeiture.

5-18B-32. Deposit or bond submitted with proposal--Forfeiture.
Any proposal, submitted pursuant to this section, shall be accompanied by a deposit or bond meeting the requirements of §5-18B-2. The deposit or security may be forfeited if the proposal is accepted but the design-builder fails to execute the design-build contract.
Source:
SL 2010, ch 31, §71.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-33 - Proposals to be sealed--Contents.

5-18B-33. Proposals to be sealed--Contents.
Any proposal shall be sealed and may not be opened until expiration of the time established for making proposals as set forth in the design-build request for proposals. To the extent required by the request for proposals, any proposal shall identify each person to whom the design-builder proposes to sublet obligations under the design-build contract. At a minimum, any proposal shall identify each person to whom the design-builder proposes to sublet any design obligations or general construction obligations. Any person so identified may not be replaced without the approval of the purchasing agency. Any proposal shall establish a cost of the design-build contract that may not be exceeded if the proposal is accepted without change. The maximum cost in the proposal may be converted to fixed prices by negotiated agreement between the purchasing agency and the selected design-builder.
Source:
SL 2010, ch 31, §72.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-34 - Confidentiality of proposals.

5-18B-34. Confidentiality of proposals.
Until a proposal is accepted, the drawings, specifications, and other information in the proposal remain the property of the person making the proposal. The purchasing agency shall make reasonable efforts to maintain the secrecy and confidentiality of any proposal and all information contained in any proposal and may not disclose any proposal or the information contained in a proposal to the design-builder's competitors. The purchasing agency may not disclose, except as may be permitted pursuant to chapter 1-27, confidential and proprietary information contained in any proposal to the public until such time as the purchasing agency takes final action to accept a proposal.
Source:
SL 2010, ch 31, §73.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-35 - Review and opinion of performance criteria developer--Submission to governing body.

5-18B-35. Review and opinion of performance criteria developer--Submission to governing body.
Once received, any proposal shall be submitted to the performance criteria developer for review. Clarifications may be required to ensure conformance of any proposal with the performance criteria. In seeking clarifications, the performance criteria developer may not reveal any aspect of any design-builder's proposal to any other design-builder. No proposal may be considered until the performance criteria developer issues a written opinion that the proposal is consistent with the performance criteria. Once the performance criteria developer has issued such an opinion, the proposal shall be submitted to the governing body of the purchasing agency for review and evaluation. No proposal or design-build contract may be accepted unless the purchasing agency determines there was adequate competition for such contract.
Source:
SL 2010, ch 31, §74.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-36 - Acceptance of a proposal--Evaluation criteria scores.

5-18B-36. Acceptance of a proposal--Evaluation criteria scores.
After obtaining and evaluating proposals according to the criteria and procedures set forth in the design-build request for proposals, a purchasing agency may accept the proposal it considers most advantageous to the purchasing agency. Acceptance of a proposal shall be by written notice to the design-builder which submitted the accepted proposal. At the same time notice of acceptance is delivered, the purchasing agency shall also inform, in writing, the other design-builders that their proposals were not accepted. Unless all proposals are rejected, a detailed breakdown of the evaluation criteria scores for each proposal received shall be made available to the public after signature execution of the design-build contract. The contract for development of performance criteria shall terminate if a contract is awarded to the design-builder.
Source:
SL 2010, ch 31, §75.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-37 - Rejection of design-build proposals--Solicitation of new proposals.

5-18B-37. Rejection of design-build proposals--Solicitation of new proposals.
The purchasing agency may reject any and all design-build proposals. The purchasing agency may solicit new proposals using the same or different performance criteria, budget constraints, or qualifications.
Source:
SL 2010, ch 31, §76.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-38 - Withdrawal of design-build proposal.

5-18B-38. Withdrawal of design-build proposal.
Any design-build proposal may be withdrawn by the proposer for any reason at any time prior to acceptance.
Source:
SL 2010, ch 31, §77.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-39 - Construction manager engagement.

5-18B-39. Construction manager engagement.
Any purchasing agency may engage a construction manager if planning, designing, or constructing a public improvement, or if improving, altering, or repairing a public improvement. However, no purchasing agency is required to engage a construction manager.
Source:
SL 2010, ch 31, §78.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-40 - Services of construction manager.

5-18B-40. Services of construction manager.
Construction management services provided in the planning and design phases of a public improvement project may include:
(1)Services provided in the planning and design phases of a public improvement project including the following:
(a)Consulting with, advising, assisting, and making recommendations to the public corporation and architect or engineer on all aspects of planning for project construction;
(b)Reviewing all plans and specifications as they are being developed and making recommendations with respect to construction feasibility, availability of material and labor, time requirements for procurement and construction, and projected costs;
(c)Making, reviewing, and refining budget estimates based on the public corporation's program and other available information;
(d)Making recommendations to the public corporation and the architect or engineer regarding the division of work in the plans and specifications to facilitate bidding and awarding of contracts;
(e)Soliciting the interest of capable contractors and assisting the public corporation in taking bids on the project;
(f)Analyzing the bids received and awarding contracts; and
(g)Preparing and monitoring a progress schedule during the design phase of the project and preparation of a proposed construction schedule; and
(2)Services provided in the construction phase of the public improvement project including the following:
(a)Maintaining competent supervisory staff to coordinate and provide general direction of the work and progress of the contractors on the project;
(b)Observing the work as it is being performed for general conformance with working drawings and specifications;
(c)Establishing procedures for coordinating among the public corporation, architect or engineer, contractors, and construction manager with respect to all aspects of the project and implementing labor policy in conformance with the requirements of the public corporation's policy and making recommendations;
(d)Reviewing and processing all applications for payment by involved contractors and material suppliers in accordance with the terms of the contract;
(e)Making recommendations for and processing requests for changes in the work and maintaining records of change orders;
(f)Scheduling and conducting job meetings to ensure orderly progress of the work;
(g)Developing and monitoring a project progress schedule, coordinating and expediting the work of all contractors, and providing periodic status reports to the owner and the architect and engineer; and
(h)Establishing and maintaining a cost control system and conducting meetings to review costs.
Source:
SL 2010, ch 31, §79.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-42 - Manager-at-risk.

5-18B-42. Manager-at-risk.
The construction manager-at-risk shall directly contract with subcontractors and suppliers for the project.
Source:
SL 2010, ch 31, §81.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-43 - Criteria for construction manager engagement.

5-18B-43. Criteria for construction manager engagement.
Unless the construction manager-agent is an employee of the purchasing agency and provides the construction management services pursuant to such employment, no purchasing agency may engage the services of a construction manager except as follows:
(1)The purchasing agency shall first make the following determinations:
(a)That it is in the public interest to utilize the services of a construction manager; and
(b)That the construction management services would not unreasonably duplicate and would be in addition to the normal scope of separate architect or engineer contracts;
(2)Notwithstanding any other provisions of this chapter, no construction manager may contract to perform actual construction on the project, except as follows:
(a)The construction manager may perform general conditions of the construction contract as required by the owner;
(b)The construction manager is a construction manager-at-risk and was solicited through a qualification-based request for proposals method of procurement as provided in §5-18B-44 and the construction manager-at-risk, for any actual construction contracted by the construction manager-at-risk to be performed on the project, provides payment and performance bonds and competitively bids the work as required by any statute governing bidding and bonding for public improvement projects;
(c)Pursuant to a contract awarded on an emergency basis, pursuant to §5-18A-9; or
(d)Pursuant to a contract negotiated pursuant to subdivision 5-18A-5(9); and
(3)No person, firm, or corporation may act as a construction manager-agent and also as a contractor on any public improvement, except as follows:
(a)Pursuant to a contract awarded on an emergency basis, pursuant to §5-18A-9; or
(b)Pursuant to a contract negotiated pursuant to subdivision 5-18A-5(9).
Source:
SL 2010, ch 31, §82.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-44 - Criteria for construction manager-at-risk engagement.

5-18B-44. Criteria for construction manager-at-risk engagement.
Each qualification based request for proposals required by subsection 5-18B-43(2)(b) to enter into a construction manager-at-risk services contract where the construction manager-at-risk intends to actually perform construction on the project, shall meet the following criteria:
(1)The purchasing agency shall, prior to issuing any request for proposals to enter in a construction management services contract, establish and publish procedures for the solicitation and award of such contracts, which procedures shall include the following:
(a)The procedures and standards to be used to qualify construction managers;
(b)The procedures for preparing and submitting proposals;
(c)The procedures for evaluating proposals;
(d)The procedures for negotiations between the purchasing agency and those submitting proposals prior to the acceptance of a proposal. The procedures shall contain safeguards to preserve the confidential information and proprietary information supplied by those submitting proposals; and
(e)The procedures for awarding construction management services contracts;
(2)A request for proposals to enter into a construction management services contract shall contain the following elements:
(a)The identity of the purchasing agency;
(b)A description of the proposed public improvement;
(c)A description of the qualifications the construction manager will be required to have;
(d)The procedures to be followed for submitting proposals, the criteria for evaluation of a proposal and its relative weight, and procedures for making awards;
(e)The proposed terms and conditions for the construction management services contract, including a description of the scope of services to be provided;
(3)Notice of any request for proposals shall be advertised in accordance with the provisions of §5-18A-14;
(4)After obtaining and evaluating proposals, a purchasing agency may accept the proposal it considers the most advantageous to the purchasing agency. Acceptance of a proposal shall be by written notice to the construction manager submitting the accepted proposal, and by simultaneously notifying in writing the other construction managers that their proposals were not accepted; and
(5)The purchasing agency shall reserve the right to reject any or all proposals submitted.
Source:
SL 2010, ch 31, §83.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-45 - Active involvement of licensed design professional required.

5-18B-45. Active involvement of licensed design professional required.
Each contract for a public improvement shall have a licensed design professional actively involved in the project from the start of design through final completion as required by chapter 36-18A.
Source:
SL 2010, ch 31, §84.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18B - Procurement Of Public Improvements › Section 5-18B-46 - Improvement projects that rely on federal funding from FAA.

5-18B-46. Improvement projects that rely on federal funding from FAA.
If an invitation for a bid for airport improvements states that the requirement the bid be awarded within thirty days has been waived, the provisions of subdivision 5-18A-5(7) and §5-18B-9 do not apply. If the bid award time exceeds thirty days, any bid may be withdrawn by the bidder without jeopardizing the bid bond. This section only applies to any improvement project that relies on federal funding from the federal aviation administration.
Source:
SL 2015, ch 51, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18C - Procurement By Local Government Units › Section 5-18C-1 - Contract for transportation of students.

5-18C-1. Contract for transportation of students.
No contract for the transportation of students may exceed five years. Specific provisions of the contract may be renegotiated during the term of the contract if guidelines for making changes are in the contract. Any change made during the term of the contract shall be reported in the school board minutes.
Source:
SL 2010, ch 31, §85.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18C - Procurement By Local Government Units › Section 5-18C-2 - Contract for services of school food service management company.

5-18C-2. Contract for services of school food service management company.
No contract for the services of a local school food service management company may exceed one year. An original contract for the services of a school food service management company may be renewed annually no more than four times consecutively following the original contract. Both bid and contract shall specify that the contract may be renewed, but the local school is not required to renew the contract. Specific provisions of the original contract may be renegotiated prior to renewal if guidelines for making changes are in the original contract. The school board shall record in its minutes any changes made during the term of a food service management contract or renewal.
Source:
SL 2010, ch 31, §86.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18C - Procurement By Local Government Units › Section 5-18C-3 - Public sale or auction--Performance bond--Competitive quotations--Records to be retained.

5-18C-3. Public sale or auction--Performance bond--Competitive quotations--Records to be retained.
The governing board of a unit of local government shall be exempted from the provisions of this chapter and chapters 5-18A, 5-18B, and 5-18D if it is able to purchase supplies at a substantial savings at a public sale or auction. Any performance bond required by §5-21-1 may be waived on items purchased for less than ten thousand dollars at a public sale or auction. The governing board shall contact and attempt to obtain competitive quotations from at least three suppliers of identical or similar supplies. The board may authorize an agent to attend a sale or auction and expend an amount not in excess of eighty percent of the average of the quotations received. A record of the names of the suppliers, the quotations received, and the procurement procedures used in purchasing shall be documented, noted in the minutes, and retained on file by the governing board.
Source:
SL 2010, ch 31, §87.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18C - Procurement By Local Government Units › Section 5-18C-4 - Water, sanitary sewer, and storm sewer trunk lines or mains, sewer collection systems, streets, and regional storm sewer detention ponds installed at developer's expense.

5-18C-4. Water, sanitary sewer, and storm sewer trunk lines or mains, sewer collection systems, streets, and regional storm sewer detention ponds installed at developer's expense.
If a municipality requires a developer to install water, sanitary sewer, and storm sewer trunk lines or mains; sewer collection systems; or streets at the expense of the developer and the municipality requires the size of the trunk line or main, sewer collection systems, or streets to be larger than the developer's requirements, the price difference paid by the municipality and as determined by a licensed engineer's estimate is exempt from the provisions of this chapter and chapters 5-18A, 5-18B, and 5-18D.
If a developer installs a regional storm sewer detention pond ahead of a municipality's schedule at the expense of the developer, the price of the pond construction paid by the municipality and based on certified quantities provided by a licensed engineer is exempt from the provisions of this chapter and chapters 5-18A, 5-18B, and 5-18D.
Source:
SL 2010, ch 31, §88; SL 2012, ch 45, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18C - Procurement By Local Government Units › Section 5-18C-5 - County highway system and secondary highways--Dams.

5-18C-5. County highway system and secondary highways--Dams.
Nothing in this chapter or chapter 5-18A, 5-18B, 5-18D, or 5-21 may be so construed as to prevent counties or townships from constructing or maintaining the county highway system and any secondary highways by means of drags, road planers, tractors, and other approved mechanical devices owned by said counties or townships. Nothing in this chapter or chapter 5-18A, 5-18B, 5-18D, or 5-21 may be construed to prevent the construction of dams in connection with water conservation projects if the cost of materials used does not exceed the total cost of twenty-five hundred dollars.
Source:
SL 2010, ch 31, §89.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18C - Procurement By Local Government Units › Section 5-18C-6 - Fuel purchased by local government units.

5-18C-6. Fuel purchased by local government units.
The bid requirements of this chapter and chapters 5-18A, 5-18B, and 5-18D do not apply to the purchase of fuel by units of local government. The governing board of a unit of local government may, instead of advertising for bids, negotiate a contract for the purchase of fuel at the most advantageous price. The governing board shall contact and attempt to obtain competitive quotations from at least three suppliers. A record of the names of the suppliers, the quotations received and the procurement procedures used in purchasing shall be documented, noted in the minutes, and retained on file by the governing body. The contract may include a procedure for adjusting prices to meet changing market conditions not within the control of the vendor.
Source:
SL 2010, ch 31, §90.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18C - Procurement By Local Government Units › Section 5-18C-7 - Municipal garbage disposal contracts and supply contracts.

5-18C-7. Municipal garbage disposal contracts and supply contracts.
For any contracts entered into pursuant to §9-32-11 or for any supply contract, any local government may include a procedure for adjusting prices to meet changing market conditions not within the control of the vendor. The adjustments may not result in increases in the profit of the vendor, and shall be supported by written justification filed with the purchasing agent of the unit of local government.
Source:
SL 2010, ch 31, §91.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18C - Procurement By Local Government Units › Section 5-18C-8 - Purchases from state contract list or below state contract price.

5-18C-8. Purchases from state contract list or below state contract price.
Notwithstanding the provisions of this chapter or chapter 5-18A, 5-18B, or 5-18D, any purchasing agency of a local governmental unit may purchase, without advertising for bids, from a willing vendor, any supplies contained in the state contract list established pursuant to §5-18D-6, or from any willing vendor at a price at or below that shown in the state contract. The governing body of the purchasing agency shall note in its minutes what supplies were purchased from the state contract and shall further note the identity and address of the vendor and the price paid. If an item is purchased at a price lower than that found on the state contract, the purchasing agency shall note that fact in its minutes and show the identity and address of the vendor and the price paid.
Source:
SL 2010, ch 31, §92.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-1 - Classification of supplies.

5-18D-1. Classification of supplies.
The Bureau of Administration shall classify all supplies purchased for the use of every agency of state government. The bureau shall group items of the same class so that contracts may be grouped for like commodities or classes of commodities.
Source:
SL 2010, ch 31, §94.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-2 - Estimates of projected purchases.

5-18D-2. Estimates of projected purchases.
State agencies shall submit estimates of projected purchases within established commodity classifications as required by the Bureau of Administration. The bureau may change or modify the agency estimates in any manner determined to be in the best interest of the state.
Source:
SL 2010, ch 31, §95.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-3 - Pooling of combined estimated needs.

5-18D-3. Pooling of combined estimated needs.
The Bureau of Administration may pool the combined estimated needs of several agencies for identical supplies or services under one contract.
Source:
SL 2010, ch 31, §96.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-4 - Electronic procurement.

5-18D-4. Electronic procurement.
For any state contract, any electronic sealed bid or proposal may only be submitted through an electronic procurement system authorized for use by the Bureau of Administration.
Source:
SL 2010, ch 31, §97.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-5 - Expert advice and assistance.

5-18D-5. Expert advice and assistance.
The Bureau of Administration may obtain expert advice and assistance from any officer or employee of any state agency for recommendations or assistance in the preparation of specifications and in the examination of bids or proposals or testing of samples submitted with bids or proposals.
Source:
SL 2010, ch 31, §98.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-6 - State contract list.

5-18D-6. State contract list.
The Bureau of Administration shall establish a state contract list that contains a listing of the supplies or services which are in contracts executed by the bureau. The list shall also contain the name and address of the vendor supplying the supplies or services and the price of the item. The bureau shall make the contract list available to other purchasing agencies in a manner determined by the bureau to be the most efficient.
Source:
SL 2010, ch 31, §99.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-7 - State bidders list.

5-18D-7. State bidders list.
The Bureau of Administration may establish a state bidders list in order to facilitate the notification of official state invitations for bids or requests for proposals. Bidders may request placement on the state bidders list and notification of any lettings issued under this chapter. The bureau may establish by rules, promulgated pursuant to chapter 1-26, a fee for placement on the list to defray the cost of administration. Any fees charged shall be deposited in the internal service fund created in §5-18D-8.
Source:
SL 2010, ch 31, §100.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-8 - Procurement management internal service fund created.

5-18D-8. Procurement management internal service fund created.
There is hereby created in the state treasury a procurement management internal service fund. The commissioner of administration shall apportion all expenses incurred in the administration of the procurement management system to all state departments, agencies, and institutions utilizing such system. Payments received therefrom shall be deposited into the procurement management internal service fund.
Source:
SL 2010, ch 31, §101.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-9 - Rejection of bids to procure more advantageously elsewhere.

5-18D-9. Rejection of bids to procure more advantageously elsewhere.
If, after all bids or proposals are examined, the Bureau of Administration is satisfied that it can procure any or all of the supplies or services covered by the bids or proposals more advantageously elsewhere than from those submitting bids or proposals, it may reject any or all bids or proposals and procure any or all of the required supplies or services at the most advantageous price.
Source:
SL 2010, ch 31, §102.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-10 - Drawing, signing, and filing of contracts.

5-18D-10. Drawing, signing, and filing of contracts.
The attorney general shall draw all state contracts for supplies let under the provisions of this chapter and chapters 5-18A, 5-18B, and 5-18C. Each contract shall be signed by the commissioner of administration or a designee, on the part of the state, and by the party to whom the contract has been awarded. Each contract shall have the printed name of any individual signing the contract. Each contract and any required bond shall be filed in the Bureau of Administration. 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, §103; SL 2018, ch 46, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-11 - Cancellation or price adjustment for changing market conditions.

5-18D-11. Cancellation or price adjustment for changing market conditions.
If a contract price for goods entered into by the state becomes unreasonable in view of changing market conditions, the Bureau of Administration may cancel the contract or adjust the contract price to meet the changing market conditions if it is necessary to obtain necessary supplies at the required time. Any contract price adjustment shall be justified in writing by the contractor to the Bureau of Administration and a copy of the adjustment and the written justification for the adjustment by the contractor and the bureau shall be filed with the auditor general. No contract price adjustment may allow for increased management costs or for an increase in the dollar amount of profit for the contractor having the contract. No contract price adjustment resulting in an increase may be made for or during the first ninety days of an annual contract.
Source:
SL 2010, ch 31, §104.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-12 - Suspension or debarment of business for cause.

5-18D-12. Suspension or debarment of business for cause.
The Bureau of Administration, after notice to the business involved, may suspend or debar a business for cause from consideration of any state contracts. The suspension may not exceed three months and the debarment may not exceed three years. Any action to debar or suspend shall be conducted by the Bureau of Administration pursuant to chapter 1-26.
Source:
SL 2010, ch 31, §105.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-13 - Printing contracts--Penalty.

5-18D-13. Printing contracts--Penalty.
Each state contract for printing shall provide for a specific amount of penalty for failure on the part of the contractor to deliver the public printing in accordance with the plans and specifications within the time to be designated in the contract. The penalty shall be a fixed sum for each day so delayed. The penalty shall be applied by the Bureau of Administration according to the contract. The amount of the penalty shall be deducted in the voucher for payment for the work done under the contract. The state auditor may draw no warrant for any amount deducted by the bureau in any voucher certified for payment by the bureau. However, no contractor may be held accountable for any delay occasioned by holding proof sheets.
Source:
SL 2010, ch 31, §106.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-14 - Printing office not to accept contracts from private individuals or organizations.

5-18D-14. Printing office not to accept contracts from private individuals or organizations.
No printing office within state government, whether the office is within the Bureau of Administration or within an institution of higher education, may accept printing contracts or jobs from private individuals or organizations.
Source:
SL 2010, ch 31, §107.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-15 - Inscription listing publisher, number of copies, and cost of publication per copy.

5-18D-15. Inscription listing publisher, number of copies, and cost of publication per copy.
The Bureau of Administration shall establish by rules, promulgated pursuant to chapter 1-26, the criteria by which any publication, brochure, pamphlet, or flyer with a total cost exceeding one hundred dollars, paid for and distributed by a state agency shall bear an inscription listing the publisher, the number of copies published, and the approximate cost of publication per copy.
Source:
SL 2010, ch 31, §108.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-16 - Soybean-based inks.

5-18D-16. Soybean-based inks.
The Bureau of Administration shall purchase, if the price is reasonably competitive and the quality is acceptable, soybean-based inks in lieu of conventional inks for use in any state government operations. The bureau may require the use of soybean-based inks by any private vendor under contract to a state agency in carrying out the terms of the contract if the price of the inks is reasonably competitive and the quality is acceptable.
Source:
SL 2010, ch 31, §109.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-17 - Professional services exceeding fifty thousand dollars.

5-18D-17. Professional services exceeding fifty thousand dollars.
No agency of the state may award or renew a contract for professional services exceeding fifty thousand dollars without complying with the procedures set forth in this section to §5-18D-22, inclusive. Any agency seeking such professional services shall issue a request for proposals. The agency shall publish any request for proposals issued pursuant to this section on the electronic procurement system maintained by the Bureau of Administration. The request for proposals shall include the procedures for the solicitation and award of the contract.
Source:
SL 2010, ch 31, §111.