5-18D-19. Discussion and negotiation of project.
The agency and the highest ranked contractor shall mutually discuss and refine the scope of services for the project and shall negotiate terms, including compensation and performance schedule. The compensation level paid shall be reasonable and fair to the agency, as determined by the agency. If the agency and the highest ranked contractor are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency shall, by notification either orally or in writing, terminate negotiations with the contractor. The agency may then negotiate with the next highest ranked contractor. The negotiation process may continue through successive contractors, according to agency ranking, until an agreement is reached or the agency terminates the contracting process.
Source: SL 2010, ch 31, ยง113.
Structure South Dakota Codified Laws
Title 5 - Public Property, Purchases and Contracts
Chapter 18D - Procurement By State Agencies
Section 5-18D-1 - Classification of supplies.
Section 5-18D-2 - Estimates of projected purchases.
Section 5-18D-3 - Pooling of combined estimated needs.
Section 5-18D-4 - Electronic procurement.
Section 5-18D-5 - Expert advice and assistance.
Section 5-18D-6 - State contract list.
Section 5-18D-7 - State bidders list.
Section 5-18D-8 - Procurement management internal service fund created.
Section 5-18D-9 - Rejection of bids to procure more advantageously elsewhere.
Section 5-18D-10 - Drawing, signing, and filing of contracts.
Section 5-18D-11 - Cancellation or price adjustment for changing market conditions.
Section 5-18D-12 - Suspension or debarment of business for cause.
Section 5-18D-13 - Printing contracts--Penalty.
Section 5-18D-16 - Soybean-based inks.
Section 5-18D-17 - Professional services exceeding fifty thousand dollars.
Section 5-18D-18 - Evaluation criteria to be stated in request for proposals.
Section 5-18D-19 - Discussion and negotiation of project.
Section 5-18D-21 - Exemption of certain professional service contracts.
Section 5-18D-22 - Effect on time deadline in contested case.
Section 5-18D-24 - Bureau record keeping.
Section 5-18D-25 - Motor vehicle procurement.
Section 5-18D-26 - State auditor stop order .
Section 5-18D-27 - Appeal of state auditor stop order.
Section 5-18D-28 - Criminal background checks for state contractors and subcontractors.