5-18A-18. Specifications to promote economy and encourage competition--Circumstances under which brand name or equal specifications permitted.
Any specification shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the purchasing agency's needs, and may not be unduly restrictive. Brand name or equal specifications may be used if the purchasing agency determines in writing that:
(1)No other design or performance specification or qualified products list is available;
(2)Time does not permit the preparation of another form of purchase description, not including a brand name specification;
(3)The nature of the product or the nature of the purchasing agency's requirements makes use of a brand name or equal specification suitable for the procurement; or
(4)Use of a brand name or equal specification is in the purchasing agency's best interests.
Source: SL 2010, ch 31, §19.
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.