South Dakota Codified Laws
Chapter 18A - Public Agency Procurement--General Provisions
Section 5-18A-11 - Purchases of supplies and services under twenty-five thousand dollars.

5-18A-11. Purchases of supplies and services under twenty-five thousand dollars.
Unless otherwise specified by statute, purchases of supplies and services under twenty-five thousand dollars shall 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 twenty-five 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 twenty-five 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 twenty-five 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.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 5 - Public Property, Purchases and Contracts

Chapter 18A - Public Agency Procurement--General Provisions

Section 5-18A-1 - Definition of terms.

Section 5-18A-2 - Application to purchasing agency contracts.

Section 5-18A-3 - Methods of awarding contracts.

Section 5-18A-4 - Competitive sealed bids required.

Section 5-18A-5 - Procedures for competitive sealed bids.

Section 5-18A-6 - Competitive sealed proposals--When permitted.

Section 5-18A-7 - Procedures for competitive sealed proposals.

Section 5-18A-8 - Unique supplies or services--Sole source procurement--Negotiations.

Section 5-18A-9 - Emergency procurement.

Section 5-18A-10 - Records of sole source procurement and emergency procurement contracts.

Section 5-18A-11 - Purchases of supplies and services under twenty-five thousand dollars.

Section 5-18A-12 - Cancellation of invitation for bids or request for proposals and rejection of bids or proposals.

Section 5-18A-13 - Centralized public bid exchange created.

Section 5-18A-14 - Public improvement contracts--Supplies and services contracts--Advertisement for bids or proposals.

Section 5-18A-15 - Time for entering into contract.

Section 5-18A-16 - Recovery from defaulting bidder or offeror.

Section 5-18A-17 - Self-dealing by state officer or employee in award or terms of agency contract prohibited.

Section 5-18A-17.1 - Direct benefit from contract.

Section 5-18A-17.2 - Authorization of officer or employee to be a party to or derive direct benefit from contract.

Section 5-18A-17.3 - Authorization of contract with former officer or employee.

Section 5-18A-17.4 - Self-dealing violation as misdemeanor--Removal--Forfeiture of benefit--Contract voidable.

Section 5-18A-17.5 - Specific conflict of interest prohibitions not affected.

Section 5-18A-17.6 - Definitions applicable to §§ 5-18A-17 to 5-18A-17.5.

Section 5-18A-18 - Specifications to promote economy and encourage competition--Circumstances under which brand name or equal specifications permitted.

Section 5-18A-19 - Requirements for brand name or equal specifications.

Section 5-18A-20 - Circumstances under which brand name only specifications permitted.

Section 5-18A-21 - Written contract required--Signatures.

Section 5-18A-22 - Procurements exempt from chapters 5-18A through 5-18D.

Section 5-18A-23 - Purchase of foreign meat food products prohibited.

Section 5-18A-24 - Grade A milk processors preferred.

Section 5-18A-25 - Preferences to certain resident businesses, qualified agencies, and businesses using South Dakota supplies or services.

Section 5-18A-26 - Resident bidder preferred over nonresident bidder from state or foreign province that has preference for resident bidders.

Section 5-18A-27 - List of states with resident bidder preferences.

Section 5-18A-28 - List of supplies, custodial services, and maintenance services provided by qualified agency.

Section 5-18A-29 - Persons with disabilities.

Section 5-18A-30 - Supplies manufactured from recycled or biobased materials.

Section 5-18A-31 - Information regarding preferences to be provided.

Section 5-18A-32 - Procurements utilizing federal funds.

Section 5-18A-33 - Disallowance of noncomplying bid or offer--Contracts in violation void.

Section 5-18A-34 - Bureau of Administration to serve as state's central procurement agency.

Section 5-18A-35 - Bond or approved security.

Section 5-18A-36 - Performance and payment bond or approved security.

Section 5-18A-37 - Cooperation and agreements with other state and federal purchasing agencies.

Section 5-18A-38 - Environmentally preferable products to be selected.

Section 5-18A-39 - Reverse auction permitted for certain procurements.

Section 5-18A-40 - Procedures applicable to reverse auctions.

Section 5-18A-41 - Bureau of Administration to conduct reverse auction for supplies for state agency.

Section 5-18A-42 - Fair and open competition in government contracts.

Section 5-18A-43 - Terms prohibited in construction contracts.

Section 5-18A-44 - Conditional grant, tax abatement, and tax credit prohibited in construction contracts.

Section 5-18A-45 - Conditions related to agreements with labor organizations.

Section 5-18A-46 - Exemptions for special circumstances.

Section 5-18A-47 - Construction with National Labor Relations Act.

Section 5-18A-48 - Persons involved in grant or contract determinations ineligible for grant or contract--Performance evaluation by recipients and sub-recipients prohibited.

Section 5-18A-49 - Forms for acknowledging review of conflict of interest policy and disclosing conflicts.