Title 5 — PUBLIC PROPERTY, PURCHASES AND CONTRACTS

Any funds forfeited by a bidder or surety shall accrue to the funds provided for construction of the public improvement. Source: SL 2010, ch 31 , § 47.

No bidder on a public improvement contract may be required, either in the invitation for bids or otherwise, to leave a certified check or cashier's check, or bid bond, posted for a longer period than allowed in § 5-18A-5 if the bid is not accepted. The check or bid bond of the su…

No contract for the transportation of students may exceed five years. Specific provisions of the contract may be renegotiated during the term of the contract if guidelines for making changes are in the contract. Any change made during the term of the contract shall be reported in…

No contract for the services of a local school food service management company may exceed one year. An original contract for the services of a school food service management company may be renewed annually no more than four times consecutively following the original contract. Bot…

The governing board of a unit of local government shall be exempted from the provisions of this chapter and chapters 5-18A , 5-18B , and 5-18D if it is able to purchase supplies at a substantial savings at a public sale or auction. Any performance bond required by § 5-21-1 may be…

If a municipality requires a developer to install water, sanitary sewer, and storm sewer trunk lines or mains; sewer collection systems; or streets at the expense of the developer and the municipality requires the size of the trunk line or main, sewer collection systems, or stree…

Nothing in this chapter or chapter 5-18A , 5-18B , 5-18D , or 5-21 may be so construed as to prevent counties or townships from constructing or maintaining the county highway system and any secondary highways by means of drags, road planers, tractors, and other approved mechanica…

The bid requirements of this chapter and chapters 5-18A , 5-18B , and 5-18D do not apply to the purchase of fuel by units of local government. The governing board of a unit of local government may, instead of advertising for bids, negotiate a contract for the purchase of fuel at …

For any contracts entered into pursuant to § 9-32-11 or for any supply contract, any local government may include a procedure for adjusting prices to meet changing market conditions not within the control of the vendor. The adjustments may not result in increases in the profit of…

Notwithstanding the provisions of this chapter or chapter 5-18A , 5-18B , or 5-18D , any purchasing agency of a local governmental unit may purchase, without advertising for bids, from a willing vendor, any supplies contained in the state contract list established pursuant to § 5…

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…

Source: SL 2016, ch 41 , § 1.

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 §

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…