South Dakota Administrative Code

Rule 70:07:02:06 Time limit for statements. 70:07:02:06. Time limit for statements. A prospective bidder who wishes to receive or renew a work classification and maximum bidding capacity rating shall submit the prequalification statement and financial documentation to the committ…

Rule 70:07:02:07 Preference for work classification. 70:07:02:07. Preference for work classification. Each completed prospective bidder prequalification statement must indicate the types of work for which classification is requested, but the indication is not binding upon the com…

Rule 70:07:02:08 Work classification. 70:07:02:08. Work classification. Types of work are classified as follows: (1) Major grading; (2) Minor grading; (3) Portland cement concrete paving; (4) Portland cement concrete repair, including spall repair, joint repair, and pavement grin…

70:07:02:09. Assignment of work classification and maximum bidding capacity rating. The committee may assign a work classification and maximum bidding capacity rating based on the following factors: (1) The prospective bidder's ability to finance the work as shown by the prospect…

70:07:02:10. Effective period of work classification and rating. If the prospective bidder submits an audited statement of financial position in accordance with subdivision 70:07:02:04(2), any work classification and maximum bidding capacity rating granted by the committee is eff…

70:07:02:11. Determination of current bidding capacity of prospective bidders. For any given department bid letting, the contracts awarded to a bidder may not total more than the bidder's current bidding capacity. The current bidding capacity is arrived at by subtracting from the…

70:07:02:11.01. Obligation to inform department of changes to certification of surety. If a prospective bidder's certification of surety is rescinded or if the bonding amount stated in the certification is reduced, the prospective bidder shall notify the department of the recissi…

Rule 70:07:02:12 Repealed. 70:07:02:12. Allowable deductions for determining maximum bidding capacity rating. Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 45, effective October 28, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; transferred from § 70:01:05:11, 19 SDR 154, e…

70:07:02:13. Ineligibility for assignment of classification and rating. The committee shall declare a prospective bidder ineligible to be prequalified if the prospective bidder: (1) Violated a state law, a federal law, or a rule, regulation or order of a federal or state departme…

Rule 70:07:02:14 Repealed. 70:07:02:14. Ineligibility for false statements. Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 45, effective October 28, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; transferred from § 70:01:05:19, 19 SDR 154, effective April 11, 1993; 25 SDR 14…

Rule 70:07:02:15 IRepealed. 70:07:02:15. Ineligibility following grant of rating. Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 45, effective October 28, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; transferred from § 70:01:05:17, 19 SDR 154, effective April 11, 1993; 40 …

Rule 70:07:02:16 Procedure for review of decision of committee. 70:07:02:16. Procedure for review of decision of committee. A prospective bidder may, within 14 days after receipt of notice of a decision of the committee, ask the secretary to review that decision by submitting a r…

Rule 70:07:02:17 Reclassification procedure. 70:07:02:17. Reclassification procedure. A holder of a work classification and maximum bidding capacity rating may request a different or additional work classification or a higher maximum bidding capacity rating, or both, by submittin…

Rule 70:07:02:18 Submission of supplemental information. 70:07:02:18. Submission of supplemental information. The committee may require a prospective bidder who holds a work classification and maximum bidding capacity rating to submit supplemental documentation or other informati…

Rule 70:07:02:19 Repealed. 70:07:02:19. Renewal of prospective bidder's prequalification. Repealed. Source: 40 SDR 121, effective January 6, 2014; 47 SDR 38, effective October 6, 2020.

Rule 70:07:02:20 Prior experience requirements. 70:07:02:20. Prior experience requirements. Only work performed by the prospective bidder in the previous five years shall be considered by the committee, unless the bidder demonstrates, to the satisfaction of the committee, that ea…

70:07:03:01. Procedure for accessing bid proposals. A prospective bidder may access bid proposals from the department's website for each letting. If the bid letting is held at a department region office, the department shall publish the instructions for obtaining the bid proposal…

70:07:03:01.01. Optional combination bidding. The department may issue bid proposal forms for multiple projects to be bid in combination or separately, so that prospective bidders may elect to submit bids on the combination of projects, one or more separate projects, or both the …

Rule 70:07:03:02 Repealed. CHAPTER 70:01:03 70:07:03:02. Time for submitting requests for bid proposals. Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 45, effective October 28, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; transferred from § 70:01:05:12, 19 SDR 154, effect…

70:07:03:03. Denial of proposal for substandard work. Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 45, effective October 28, 1981; 11 SDR 22, effective August 12, 1984; 13 SDR 129, 13 SDR 134, effective July 1, 1987; transferred from § 70:01:05:25, 19 SDR 154, effective April 11,…

Rule 70:07:03:04 Repealed. 70:07:03:04. Preference in selection of bid proposals. Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 45, effective October 28, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; transferred from § 70:01:05:13, 19 SDR 154, effective April 11, 1993; rep…

Rule 70:07:03:05 Award of multiple contracts. 70:07:03:05. Award of multiple contracts. If a prospective bidder is the lowest competent and responsible bidder on more than one project and the total amount of these bids exceeds the current bidding capacity, the department may only…

Rule 70:07:03:06 Repealed. 70:07:03:06. Substitution of bidders prohibited. Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 45, effective October 28, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; transferred from § 70:01:05:14, 19 SDR 154, effective April 11, 1993; repealed,…

Rule 70:07:04:01 Suspension for subcontracting violation. 70:07:04:01. Suspension for subcontracting violation. The standard specifications for road and bridge construction included in the construction contract shall contain provisions for subcontracting. If the secretary determi…

Rule 70:07:04:02 Suspension of bidder. 70:07:04:02. Suspension of bidder. The secretary may suspend a business from bidding upon receiving notice or learning of a conviction for a contract crime or violation of antitrust law or upon receiving evidence of an affiliation described …

Rule 70:07:04:03 Suspension -- Notice and content -- Effective date. CHAPTER 70:07:04 70:07:04:03. Suspension -- Notice and content -- Effective date. The order of suspension must describe the reason for suspension and the period of suspension. The order must be sent by certified…

Rule 70:07:04:04 Repealed. CHAPTER 70:07:04 70:07:04:04. Commencement of debarment proceedings after suspension. Repealed. Source: 19 SDR 154, effective April 11, 1993; 47 SDR 38, effective October 6, 2020.

Rule 70:07:04:05 Grounds for debarment -- Contract crime. CHAPTER 70:07:04 70:07:04:05. Grounds for debarment -- Contract crime. The commission may debar a business if the business or a principal or former principal of the business is convicted in any jurisdiction of a contract c…

Rule 70:07:04:06 Grounds for debarment -- Violation of antitrust laws. CHAPTER 70:07:04 70:07:04:06. Grounds for debarment -- Violation of antitrust laws. The commission may debar a business if the business or a principal or former principal of the business is convicted in any ju…

Rule 70:07:04:07 Conviction of person imputed to business. CHAPTER 70:07:04 70:07:04:07. Conviction of person imputed to business. The conviction of a person for a contract crime is imputed to a business when the conduct which gave rise to the conviction occurred in connection wi…

Rule 70:07:04:08 Debarment based on affiliation. CHAPTER 70:07:04 70:07:04:08. Debarment based on affiliation. The conviction of a person or business for a contract crime in any jurisdiction is imputed to any principal, former principal, successor business or corporation, or any …

Rule 70:07:04:09 Reasons for debarment. CHAPTER 70:07:04 70:07:04:09. Reasons for debarment. The commission may debar a business for the following reasons: (1) The business employs a former principal of a debarred or suspended business or person as an officer, director, or manage…

Rule 70:07:04:10 Right to hearing on suspension and debarment. 70:07:04:10. Right to hearing on suspension and debarment. The secretary may suspend a business and the commission may debar a business only after a hearing or opportunity for hearing pursuant to contested case proced…

Rule 70:07:04:10.01 Notice of suspension or debarment. 70:07:04:10.01. Notice of suspension or debarment. The secretary shall notify the business of the intent to suspend or debar. The notice must inform the business of the right to request a hearing prior to imposition of suspen…

Rule 70:07:04:10.02 Hearing request. 70:07:04:10.02. Hearing request. To request a hearing, the person shall submit a written request to the secretary. A mailed hearing request must be postmarked or an electronic hearing request must be received within twenty days following the d…

Rule 70:07:04:10.03 Failure to respond. 70:07:04:10.03. Failure to respond. Failure to request a hearing within the time specified in § 70:07:04:10.02 constitutes a waiver of the right to a hearing. If the right to a hearing on suspension is waived, the secretary may issue an ord…

Rule 70:07:04:11 Debarment period when conviction imputed or based on affiliation. CHAPTER 70:07:04 70:07:04:11. Debarment period when conviction imputed or based on affiliation. The period of debarment if a conviction for a contract crime is imputed under § 70:07:04:07 or based …

Rule 70:07:04:12 Duration of debarment. CHAPTER 70:07:04 70:07:04:12. Duration of debarment. A business may not be debarred for more than three years for conduct which gave rise to the debarment. Source: 19 SDR 154, effective April 11, 1993; 47 SDR 38, effective October 6, 2020. …

Rule 70:07:04:13 Effective date of debarment. 70:07:04:13. Effective date of debarment. A debarment takes effect on the date of the final decision by the commission. The order for debarment shall be sent by certified mail. Source: 19 SDR 154, effective April 11, 1993; 40 SDR 121,…

Rule 70:07:04:14 Time limit for initiating debarment or suspension. CHAPTER 70:07:04 70:07:04:14. Time limit for initiating debarment or suspension. A debarment or a suspension must be initiated within three years from the date of the conviction of a person or business for a cont…

Rule 70:07:04:15 Term of debarment 70:07:04:15. Term of debarment. The commission shall establish the term of debarment, based on the following: (1) The seriousness of the offense; (2) Whether restitution has been made; (3) Whether the debarred person cooperated in civil or crimi…

Rule 70:07:04:16 Termination of debarment or award during debarment. 70:07:04:16. Termination of debarment or award during debarment. The commission may terminate a debarment by order or may award a department contract to a debarred or suspended business under any of the followin…

Rule 70:07:04:17 Continuation of contracts. CHAPTER 70:07:04 70:07:04:17. Continuation of contracts. Department contracts in existence at the time of debarment or suspension are not terminated by the debarment or suspension. Source: 19 SDR 154, effective April 11, 1993. General A…

Rule 70:07:04:18 Award of department contracts to debarred or suspended business prohibited -- Exception. 70:07:04:18. Award of department contracts to debarred or suspended business prohibited -- Exception. Except as provided in § 70:07:04:16, the department may not award a depa…

Rule 70:07:04:19 Subcontracts with debarred or suspended business prohibited -- Exception. 70:07:04:19. Subcontracts with debarred or suspended business prohibited -- Exception. Except as provided in § 70:07:04:16, a contractor to whom a department contract has been awarded by th…

70:07:04:20. Suspension of prequalification. The secretary shall suspend the prequalification status of any business based on a violation of a state or federal law, rule, or regulation; an order of a federal or state department or agency pertaining to the construction, maintenanc…

Rule 70:07:04:21 Period of suspension 70:07:04:21. Period of suspension. The suspension of prequalification status must be for a specific period of time, based on the seriousness of the deficiency, but not to exceed 180 days. Source: 40 SDR 121, effective January 6, 2014; 47 SDR …

Rule 70:07:04:22 Prequalfication requirements following completon of suspension or debarment. 70:07:04:22. Prequalification requirements following completion of suspension or debarment. A business that was suspended or debarred and has completed the suspension or debarment period…

Rule 70:08:01:01 Definitions. ARTICLE 70:08 70:08:01:01. Definitions. Terms used in this chapter have the same meaning as those terms defined by SDCL 49-16A-1. Source: 26 SDR 44, effective October 4, 1999. General Authority: SDCL 49-16A-75.1. Law Implemented: SDCL 49-16A-75.1.

Rule 70:08:01:02 Application for authority to exercise eminent domain. ARTICLE 70:08 70:08:01:02. Application for authority to exercise eminent domain. Any railroad desiring to exercise the right of eminent domain for the acquisition of right-of way necessary for the construction…