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.
Structure 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-13 - Centralized public bid exchange created.
Section 5-18A-15 - Time for entering into contract.
Section 5-18A-16 - Recovery from defaulting bidder or offeror.
Section 5-18A-17.1 - Direct benefit from contract.
Section 5-18A-17.3 - Authorization of contract with former officer or employee.
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-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-27 - List of states with resident bidder preferences.
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-42 - Fair and open competition in government contracts.
Section 5-18A-43 - Terms 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.