South Dakota Codified Laws
Chapter 18A - Public Agency Procurement--General Provisions
Section 5-18A-16 - Recovery from defaulting bidder or offeror.

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.