Title 5, PUBLIC PROPERTY, PURCHASES AND CONTRACTS

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.

An electronic sealed bid or proposal for a state contract may be submitted only through an electronic procurement system authorized for use by the Bureau of Finance and Management. Source: SL 2010, ch 31 , § 97; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024; SL 2026, ch …

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…

Except as provided in § 31-12-15 , when any contract is entered into for the construction of public improvement or the furnishing of any material or labor therefor, the contractor is required, before commencing such work, to furnish surety in an amount not less than the contract …

The requirement of a performance security may be waived by a public corporation if the bid submitted does not exceed the limit established pursuant to § 5-18A-14 for a public improvement. Source: SL 1968, ch 276 ; SL 1977, ch 51 , § 2; SL 1985, ch 42 , § 3; SL 1988, ch 56 , § 3; …

The requirement of a performance security may be waived by a public corporation if the procurement meets the requirements established pursuant to § 5-18A-9 . Source: SL 2016, ch 41 , § 1.

In case any such public corporation shall fail or neglect to require the execution of the surety provided for in § 5-21-1 , such public corporation shall be liable to pay any person who shall have performed labor or furnished any material that entered into the erection, alteratio…

If a contract is entered into for the construction, alteration, or repair of improvements to be located in this state, including public improvements, and the contractor or subcontractor furnishes surety for the faithful performance of the contract, there is hereby imposed an addi…

The surety within sixty days after entering into such performance bond shall send notice of the bond to the secretary of revenue. Six months after the completion of the contract and the acceptance of the improvement by the owner thereof, the additional obligation imposed upon the…

Any person who has furnished labor or material used in the construction of any such public improvement as described in § 5-21-1 , payment for which has not been made, shall have the right to intervene and be made a party to any action instituted by the public corporation on the s…

If no suit should be brought by the public corporation within six months from the completion and final settlement of such contract, the person supplying the contractor with labor or material shall, upon application therefor and furnishing affidavit to the corporation that labor o…

If recovery on the bond should be inadequate to pay the amounts found due all such persons, judgment shall be given to each person for his pro rata of the amount of recovery. The surety company may pay into court for distribution among such claimants and creditors the full amount…

In all suits instituted under the provisions of §§ 5-21-5 and 5-21-6 , personal notice of the pendency of such suit, informing them of their right to intervene, as the court may order, shall be given to all known creditors, and in addition thereto notice shall be given by publica…

Any person who shall furnish skill, labor, materials, machinery, or supplies, services, or equipment, in connection with the carrying on of any work of construction, alteration, or repair of any public improvement work of the State of South Dakota, or any of its political subdivi…

The contractor shall file such notice with the governing board of the public body in charge of the improvement, and such board shall thereupon by resolution designate a newspaper or newspapers in the vicinity of the work or improvement in which publication of said notice shall be…

All claims for any items under the provisions of this chapter furnished by any subcontractor or by any person to any subcontractor for making said improvement which are not filed in accordance with the provisions of said notice within one hundred twenty days from the first public…

Nothing in the statutes relating to such liens on public funds unless limited as hereinbefore provided shall impair or affect the right of any person to whom any sum may be due for work, skill, services, materials, power, machinery, or supplies furnished to any contractor for any…

Every person wishing to avail himself of the provisions of the statutes providing liens on proceeds of public improvement contracts shall, within twenty days after any item claimed by him shall have been furnished or any work done by him shall have been performed, file with the o…

The officer of the public body with whom the account is filed shall endorse upon every account so filed, the date of the filing and report the same to the next meeting of the governing board of such public body. All liens so claimed shall attach from the time of such filing. The …

Any person having such lien may bring an action to enforce the same in the circuit court for the county where the work or improvement or any part thereof shall be situated. Actions may likewise be commenced to determine such lien by the public body or the contractor. The plaintif…

The court shall determine the validity of all liens filed, the amount due upon each, the amount due to the contractor, and if the amount due to the contractor be sufficient, shall order the public body to pay the amounts of all liens adjudged valid to the persons entitled to the …

If the amount due the contractor shall not be sufficient to pay all liens in full, the court shall order and direct the payment of the same, after deducting the costs of the action, to the persons whose liens are adjudged valid, ratably in proportion to the amounts of their sever…

All claims to liens under this chapter relating to public improvement contracts shall cease to have any validity or to be binding upon the public body or the contractor under the provisions of this chapter unless an action to enforce the same as hereinbefore provided shall be com…

Any such lien may be discharged: (1) By filing with the officer with whom the liens shall be filed a certificate of satisfaction of the claimant or his successor in interest duly acknowledged; (2) By lapse of the time within which an action to enforce the same may be commenced wi…

At any time after the completion of any work or improvement for any public body the contractor may issue notice as hereinafter provided, specifically stating that the improvement has been completed and requiring that all subcontractors or persons who furnished any items of labor,…

County, township, or municipal officers or employees, having in their custody any public personal property, requiring inventory, as defined in rules issued by the commissioner of human resources and administration shall annually on the thirty - first day of December, or within te…

Officers and employees of each state institution and department are required to maintain an inventory of all public personal property in the manner prescribed by rule by the commissioner of human resources and administration. Source: SL 1977, ch 54 , § 2; SL 1984, ch 30 , § 78; S…