Title 5 — PUBLIC PROPERTY, PURCHASES AND CONTRACTS

The Bureau of Human Resources and Administration shall classify all supplies purchased for the use of every agency of state government. The bureau shall group items of the same class so that contracts may be grouped for like commodities or classes of commodities. Source: SL 2010,…

The attorney general shall draw all state contracts for supplies let under the provisions of this chapter and chapters 5-18A , 5-18B , and 5-18C . Each contract shall be signed by the commissioner of human resources and administration or a designee, on the part of the state, and …

If a contract price for goods entered into by the state becomes unreasonable in view of changing market conditions, the Bureau of Human Resources and Administration may cancel the contract or adjust the contract price to meet the changing market conditions if it is necessary to o…

The Bureau of Human Resources and Administration, after notice to the business involved, may suspend or debar a business for cause from consideration of any state contracts. The suspension may not exceed three months and the debarment may not exceed three years. Any action to deb…

Each state contract for printing shall provide for a specific amount of penalty for failure on the part of the contractor to deliver the public printing in accordance with the plans and specifications within the time to be designated in the contract. The penalty shall be a fixed …

No printing office within state government, whether the office is within the Bureau of Human Resources and Administration or within an institution of higher education, may accept printing contracts or jobs from private individuals or organizations. Source: SL 2010, ch 31 , § 107;…

The Bureau of Human Resources and Administration shall establish by rules, promulgated pursuant to chapter 1-26 , the criteria by which any publication, brochure, pamphlet, or flyer with a total cost exceeding one hundred dollars, paid for and distributed by a state agency shall …

The Bureau of Human Resources and Administration shall purchase, if the price is reasonably competitive and the quality is acceptable, soybean-based inks in lieu of conventional inks for use in any state government operations. The bureau may require the use of soybean-based inks …

No agency of the state may award or renew a contract for professional services exceeding fifty thousand dollars without complying with the procedures set forth in this section to § 5-18D-22 , inclusive. Any agency seeking such professional services shall issue a request for propo…

The request for proposals shall state the relative importance of evaluation criteria to be used in the ranking of prospective contractors. The agency shall include the following evaluation criteria in any request for proposals: (1) Specialized expertise, capabilities, and technic…

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 b…

State agencies shall submit estimates of projected purchases within established commodity classifications as required by the Bureau of Human Resources and Administration. The bureau may change or modify the agency estimates in any manner determined to be in the best interest of t…

A register of proposals shall be prepared and maintained by any state agency issuing a request for proposals for a professional service contract. The register shall contain the names of any person whose qualifications were considered and the name of the person that was awarded th…

The provisions of §§ 5-18D-17 to 5-18D-20 , inclusive, do not apply to contracts issued for: (1) Services of such a unique nature that the contractor selected is clearly and justifiably the only practicable source to provide the service. Determination that the contractor selected…

Notwithstanding any other provisions of law, an agency that is required to issue a decision in a contested case proceeding in one year or less may increase its statutory deadline for issuing the agency decision by sixty days if the agency seeks to enter into a professional servic…

The Bureau of Human Resources and Administration shall publish notice of its intent to purchase property or liability insurance or performance bonds. Publication of a notice containing a description of the coverage sought as a display advertisement in at least three newspapers of…

The Bureau of Human Resources and Administration shall keep suitable records in which shall be recorded all requisitions for public printing, stationery, and supplies, all advertisements, bids, certified checks, bonds, contracts, orders, vouchers, and all acts and proceedings tak…

The procurement of motor vehicles by the state shall only be from authorized dealers licensed by the State of South Dakota. Source: SL 2010, ch 31 , § 93.

The state auditor may stop the letting or the execution of any contract with the state, or with any state officer, commission, board, institution, or agency by serving a written notice of the order on the officer, commission, or board involved, the secretary of state, the attorne…

From any order or decision of the state auditor stopping execution of any contract obligation of the state, any person aggrieved or interested may appeal to the State Board of Finance at any time within twenty days after the stop order was filed with either the attorney general, …

The state shall notify each current or prospective contractor or subcontractor that the awarding of a contract with the state has granted or will grant access to confidential information obtained from the United States Internal Revenue Service or an authorized secondary source. E…

The Bureau of Human Resources and Administration may pool the combined estimated needs of several agencies for identical supplies or services under one contract. Source: SL 2010, ch 31 , § 96; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

For any state contract, any electronic sealed bid or proposal may only be submitted through an electronic procurement system authorized for use by the Bureau of Human Resources and Administration. Source: SL 2010, ch 31 , § 97; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 20…

The Bureau of Human Resources and Administration may obtain expert advice and assistance from any officer or employee of any state agency for recommendations or assistance in the preparation of specifications and in the examination of bids or proposals or testing of samples submi…

The Bureau of Human Resources and Administration shall establish a state contract list that contains a listing of the supplies or services which are in contracts executed by the bureau. The list shall also contain the name and address of the vendor supplying the supplies or servi…

The Bureau of Human Resources and Administration may establish a state bidders list in order to facilitate the notification of official state invitations for bids or requests for proposals. Bidders may request placement on the state bidders list and notification of any lettings i…

There is hereby created in the state treasury a procurement management internal service fund. The commissioner of human resources and administration shall apportion all expenses incurred in the administration of the procurement management system to all state departments, agencies…

If, after all bids or proposals are examined, the Bureau of Human Resources and Administration is satisfied that it can procure any or all of the supplies or services covered by the bids or proposals more advantageously elsewhere than from those submitting bids or proposals, it m…