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.
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.