Prohibited foreign contracts--Notice--Certify on offer--Termination permitted

SDCL § 5-18A-51 — under PUBLIC AGENCY PROCUREMENT--GENERAL PROVISIONS.

SDCL § 5-18A-51

A request for proposal, an invitation to bid, or any other document issued by a purchasing agency, with the intent of soliciting responses for the potential award of a contract, must include notice of the certification requirement of this section. Each bidder or offeror shall, at the time a bid or offer is submitted, or at the time a contract that is subject to § 5-18A-14 , 5-18A-40 , 5-18B-29 , 5-18B-44 , or 5-18D-17 is awarded or renewed, certify, in writing, that the bidder or offeror is not a prohibited entity. If at any time thereafter, any party to a contract subject to § 5-18A-14 , 5-18A-40 , 5-18B-29 , 5-18B-44 , or 5-18D-17 becomes a prohibited entity, that party must provide written notification to the purchasing agency. Upon receiving the notification, the agency may terminate the contract. Source: SL 2023, ch 18 , § 3.