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Section 5-18D-1 – Classification of supplies.

5-18D-1. Classification of supplies. The Bureau of 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, ch 31, §94.

Section 5-18D-10 – Drawing, signing, and filing of contracts.

5-18D-10. Drawing, signing, and filing of contracts. 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 administration or a designee, on the part of the state, and by the party to whom […]

Section 5-18D-11 – Cancellation or price adjustment for changing market conditions.

5-18D-11. Cancellation or price adjustment for changing market conditions. If a contract price for goods entered into by the state becomes unreasonable in view of changing market conditions, the Bureau of Administration may cancel the contract or adjust the contract price to meet the changing market conditions if it is necessary to obtain necessary supplies […]

Section 5-18D-12 – Suspension or debarment of business for cause.

5-18D-12. Suspension or debarment of business for cause. The Bureau of 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 debar or suspend shall be […]

Section 5-18D-13 – Printing contracts–Penalty.

5-18D-13. Printing contracts–Penalty. 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 sum for each day […]

Section 5-18D-16 – Soybean-based inks.

5-18D-16. Soybean-based inks. The Bureau of 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 by any private vendor under contract to a state agency in carrying […]

Section 5-18D-17 – Professional services exceeding fifty thousand dollars.

5-18D-17. Professional services exceeding fifty thousand dollars. 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 proposals. The agency shall publish any […]

Section 5-18D-18 – Evaluation criteria to be stated in request for proposals.

5-18D-18. Evaluation criteria to be stated in request for proposals. 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 technical competence as demonstrated by the proposed […]

Section 5-18D-19 – Discussion and negotiation of project.

5-18D-19. Discussion and negotiation of project. 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 by the agency. If the agency and […]

Section 5-18D-2 – Estimates of projected purchases.

5-18D-2. Estimates of projected purchases. State agencies shall submit estimates of projected purchases within established commodity classifications as required by the Bureau of Administration. The bureau may change or modify the agency estimates in any manner determined to be in the best interest of the state. Source: SL 2010, ch 31, §95.

Section 5-18D-21 – Exemption of certain professional service contracts.

5-18D-21. Exemption of certain professional service contracts. 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 is justifiably the sole source is based […]

Section 5-18D-22 – Effect on time deadline in contested case.

5-18D-22. Effect on time deadline in contested case. 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 […]

Section 5-18D-24 – Bureau record keeping.

5-18D-24. Bureau record keeping. The Bureau of 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 taken under the provisions of this chapter and chapters 5-18A, 5-18B, and 5-18C. All requisitions, advertisements, […]

Section 5-18D-25 – Motor vehicle procurement.

5-18D-25. Motor vehicle procurement. 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.

Section 5-18D-26 – State auditor stop order .

5-18D-26. State auditor stop order. 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 attorney general, and on […]

Section 5-18D-27 – Appeal of state auditor stop order.

5-18D-27. Appeal of state auditor stop order. 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, […]