5-18A-38. Environmentally preferable products to be selected.
The Bureau of Administration, any other designated state purchasing agent, and any agency making purchases shall, to the extent practicable, make purchasing selections to maximize the purchase of environmentally preferable products. The Bureau of Administration shall promulgate rules, pursuant to chapter 1-26, to establish specifications, requirements, and certification standards for the purchase for use by state government agencies of environmentally preferable products. The certification standards established by the bureau shall be based on standards established by the United States Environmental Protection Agency's Design for the Environment program, the TerraChoice EcoLogo program, the United States Department of Agriculture's Biopreferred program, the Green Seal program, or any other certification program or comparable data, including life cycle assessment data, approved by the bureau. No rule may prohibit the use of disinfectants, disinfecting cleaners, sanitizers, or any other antimicrobial product regulated by the federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. Sec. 136 et seq.), as amended to January 1, 2010, if the use is necessary to protect public health and if the use is in accordance with responsible cleaning procedure requirements.
Source: SL 2010, ch 31, §120.
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.