§ 5-18A-1 Definitions
§ 5-18A-2 Application to purchasing agency contracts
§ 5-18A-3 Methods of awarding contracts
§ 5-18A-4 Competitive sealed bids required
§ 5-18A-5 Procedures for competitive sealed bids
§ 5-18A-6 Competitive sealed proposals–When permitted
§ 5-18A-7 Procedures for competitive sealed proposals
§ 5-18A-8 Unique supplies or services–Sole source procurement–Negotiations
§ 5-18A-9 Emergency procurement
§ 5-18A-10 Records of sole source procurement and emergency procurement contracts
§ 5-18A-11 Purchases of supplies and services under fifty thousand dollars
§ 5-18A-12 Cancellation of invitation for bids or request for proposals and rejection of bids or proposals
§ 5-18A-13 Centralized public bid exchange created
§ 5-18A-14 Public improvement contracts–Supplies and services contracts–Advertisement for bids or proposals
§ 5-18A-15 Time for entering into contract
§ 5-18A-16 Recovery from defaulting bidder or offeror
§ 5-18A-17 Self-dealing by state officer or employee in award or terms of agency contract prohibited
§ 5-18A-17.1 Direct benefit from contract
§ 5-18A-17.2 Authorization of officer or employee to be a party to or derive direct benefit from contract
§ 5-18A-17.3 Authorization of contract with former officer or employee
§ 5-18A-17.4 Self-dealing violation as misdemeanor–Removal–Forfeiture of benefit–Contract voidable
§ 5-18A-17.5 Specific conflict of interest prohibitions not affected
§ 5-18A-18 Specifications to promote economy and encourage competition–Circumstances under which brand name or equal specifications permitted
§ 5-18A-19 Requirements for brand name or equal specifications
§ 5-18A-20 Circumstances under which brand name only specifications permitted
§ 5-18A-21 Written contract required–Signatures
§ 5-18A-23 Purchase of foreign meat food products prohibited
§ 5-18A-24 Grade A milk processors preferred
§ 5-18A-25 Preferences to certain resident businesses, qualified agencies, and businesses using South Dakota supplies or services
§ 5-18A-26 Resident bidder preferred over nonresident bidder from state or foreign province that has preference for resident bidders
§ 5-18A-27 List of states with resident bidder preferences
§ 5-18A-28 List of supplies, custodial services, and maintenance services provided by qualified agency
§ 5-18A-29 Persons with disabilities
§ 5-18A-30 Supplies manufactured from recycled or biobased materials
§ 5-18A-31 Information regarding preferences to be provided
§ 5-18A-32 Procurements utilizing federal funds
§ 5-18A-33 Disallowance of noncomplying bid or offer–Contracts in violation void
§ 5-18A-34 Bureau of Administration to serve as state’s central procurement agency
§ 5-18A-35 Bond or approved security
§ 5-18A-36 Performance and payment bond or approved security
§ 5-18A-37 Cooperation and agreements with other state and federal purchasing agencies
§ 5-18A-38 Environmentally preferable products to be selected
§ 5-18A-39 Reverse auction permitted for certain procurements
§ 5-18A-40 Procedures applicable to reverse auctions
§ 5-18A-41 Bureau of Administration to conduct reverse auction for supplies for state agency
§ 5-18A-42 Fair and open competition in government contracts
§ 5-18A-43 Terms prohibited in construction contracts
§ 5-18A-44 Conditional grant, tax abatement, and tax credit prohibited in construction contracts
§ 5-18A-45 Conditions related to agreements with labor organizations
§ 5-18A-46 Exemptions for special circumstances
§ 5-18A-47 Construction with National Labor Relations Act
§ 5-18A-48 Persons involved in grant or contract determinations ineligible for grant or contract–Performance evaluation by recipients and sub-recipients prohibited
§ 5-18A-49 Forms for acknowledging review of conflict of interest policy and disclosing conflicts
§ 5-18A-50 Prohibited foreign contracts–Certification
§ 5-18A-51 Prohibited foreign contracts–Notice–Certify on offer–Termination permitted
§ 5-18A-52 Prohibited foreign contracts–Grounds for waiver
§ 5-18A-53 Prohibited foreign contracts–False certification–Cause to suspend or debar
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Terms Used In South Dakota Codified Laws > Title 5 > Chapter 18A - Public Agency Procurement--General Provisions

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Statute: A law passed by a legislature.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2