South Dakota Codified Laws
Chapter 25 - County Buildings And Improvements
Section 7-25-9 - Security posted by bidders on construction contract--Return of security to unsuccessful bidders.

7-25-9. Security posted by bidders on construction contract--Return of security to unsuccessful bidders.
Each bid shall contain a certified check, cashier's check, or bank money order, in the sum equal to five percent of the amount of the bid. The check or money order shall be certified or issued by either a state or national bank domiciled within this state made payable to the county or the county treasurer. In lieu of a check or money order, a bid bond for ten percent of the bid may be submitted. The bond shall be issued by a surety authorized to do business in this state and payable to the county or the county treasurer as a guaranty that the bidder will enter into contract, if the contract is awarded to the bidder, and furnish a bond as provided by this chapter. If the successful bidder forfeits a check, money order, or bid bond, the proceeds of the check, money order, or bid bond shall be turned into the county general fund. The check, money order, or bid bond of each unsuccessful bidder shall be, by the board, immediately returned to the bidder. No more time may elapse between the opening of the bids and either the acceptance of the bid of the lowest responsible bidder, or the rejection of all bids presented than is permitted in subdivision 5-18A-5(7).

Source: SL 1874-5, ch 27, §49; PolC 1877, ch 21, §45; CL 1887, §609; SL 1889, ch 49, §1; SL 1895, ch 53, §1; RPolC 1903, §849; SL 1915, ch 129; RC 1919, §5885; SDC 1939, §12.2308; SL 1955, ch 22; SL 1963, ch 51; SL 1969, ch 24; SL 1979, ch 46, §1; SL 1987, ch 72; SL 2011, ch 2, §114.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 7 - Counties

Chapter 25 - County Buildings And Improvements

Section 7-25-1 - Annual tax levy for construction or improvement of certain buildings--Fund accumulated--Cooperation with other subdivisions--Proceeds pledged to payments without limitation.

Section 7-25-2 - Investment of building fund--Income paid into fund.

Section 7-25-3 - County commissioners authorized to construct and improve buildings--Maximum expenditure authorized without voters' approval.

Section 7-25-4 - Building bonds approved by voters--Other funds applicable without additional approval.

Section 7-25-5 - Commissioners' duty to use accumulated building fund.

Section 7-25-6 - Acquisition of ground for authorized county buildings--Board to supervise construction of all buildings.

Section 7-25-7 - Advertising and award procedure for building construction contracts.

Section 7-25-8 - Building plans and specifications to be on file--Petty offense to permit removal.

Section 7-25-9 - Security posted by bidders on construction contract--Return of security to unsuccessful bidders.

Section 7-25-9.1 - Waiver of security requirements on bids less than two thousand dollars.

Section 7-25-10 - Lowest responsible bid accepted--Progress payments permitted in contract--Interest on payments withheld.

Section 7-25-11 - Execution of construction contracts.

Section 7-25-12 - Performance bond required of construction contractor.

Section 7-25-13 - Payment required if building occupied before acceptance.

Section 7-25-14 - Appointment of superintendent to oversee construction--Progress payments based on superintendent's reports.

Section 7-25-16 - Insurance on buildings--Application of proceeds--Filing policies.

Section 7-25-17 - Rental space provided county officers where courthouse or jail insufficient.

Section 7-25-19 - Sale and lease-back arrangements--Disposition of sale proceeds--Tax exemption.

Section 7-25-20 - Sale and lease-back powers additional--Restrictions on exercise.