CHAPTER 10:02:01
PUBLIC PROPERTY
Section
10:02:01:01 Public personal property requiring inventory.
10:02:01:02 Appraisal of property prior to sale.
10:02:01:03 Manner of sale of property -- Notice.
10:02:01:04 Sale of surplus property to political subdivisions -- No notice or advertisement for bid required.
10:02:01:05 Disposition of money received from sale.
10:02:01:06 Conveyance of property.
10:02:01:07 Sale of property for which no bids are received.
10:02:01:01. Public personal property requiring inventory. Public personal property requiring inventory is any tangible item other than money, credits, accounts, securities, or real property that is movable, has an expected useful life exceeding one year, and has an initial purchase cost in excess of $5,000.
Source: 2 SDR 80, effective June 6, 1976; 12 SDR 86, effective November 27, 1985; 21 SDR 144, effective January 25, 1995; 26 SDR 89, effective January 6, 2000.
General Authority: SDCL 1-14-12(1), 5-24-1, 5-24-1.1.
Law Implemented: SDCL 1-14-12(7), 3-1-5, 5-24-1, 5-24-1.1.
10:02:01:02. Appraisal of property prior to sale.
Sections 10:02:01:02 to 10:02:01:07, inclusive, only apply to property
purchased by the Department of Transportation. The sale of all real property,
except property acquired for highway right-of-way purposes, and personal
property and trade fixtures purchased in connection with, or incidental to, the
acquisition of highway rights-of-way may be made only after the value of the
real property, personal property, and trade fixtures have been appraised by the
secretary of the Department of Transportation.
Source:
4 SDR 21, effective October 13, 1977; 6 SDR 106, effective May 11, 1980; 7 SDR
89, effective March 31, 1981; 33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 1-14-12(4), 1-14-13, 31-2-27.
Law
Implemented: SDCL 31-2-27.
10:02:01:03. Manner of sale of property -- Notice. The property described in § 10:02:01:02 shall be sold only for cash either by offer at public auction or through sealed bids. The sealed bids or final offer shall be in writing. The final offer or the bid which is accepted shall be filed in the Department of Transportation in Pierre. Before any sale is made, except sales to other agencies, departments, or political subdivisions of the state, the Department of Transportation shall publish notice of the sale in three newspapers of general circulation in the state most likely to provide notice to interested persons once each week for the two successive weeks just before the day on or after which the sale is to be made. The notice shall state the day on or after which the sale is to be made and the location where the auction will be held or the place where sealed bids will be received. The day stated shall be at least 15 days after the first publication of notice. The right to reject any bid is reserved. The sale may not be made before the day set and shall be made within 60 days after the day set. However, any sale made pursuant to § 10:02:01:07 is not restricted to the 60-day limit.
Source: 4 SDR 21, effective October 13, 1977; 7 SDR 89, effective March 31, 1981; 39 SDR 203, effective June 10, 2013.
General Authority: SDCL 31-2-27.
Law Implemented: SDCL 31-2-27.
10:02:01:04. Sale of surplus property to political subdivisions -- No notice or advertisement for bid required. The Department of Transportation may make sales of property as set forth in § 10:02:01:03 to other state agencies, departments, or political subdivisions. Such sales shall not require notice or advertisement for bid requirements or time of sale requirements.
Source: 4 SDR 21, effective October 13, 1977.
General Authority: SDCL 31-2-27.
Law Implemented: SDCL 31-2-27.
10:02:01:05. Disposition of money received from sale. The money received from sales shall be deposited by the Department of Transportation with the state treasurer and credited to the state highway fund.
Source: 4 SDR 21, effective October 13, 1977.
General Authority: SDCL 31-2-27.
Law Implemented: SDCL 31-2-27.
10:02:01:06. Conveyance of property. On the approval of
the sale of any real property by the State Transportation Commission, the
conveyance of the property shall be made in the name of the state of South
Dakota acting by and through the Department of Transportation and executed by
the secretary of transportation.
On approval of the sale of personal
property and trade fixtures by the secretary of the Department of
Transportation, the conveyance of such property shall be made in the name of
the state of South Dakota acting by and through the Department of
Transportation by bill of sale or title certificate executed by the secretary
of transportation.
Source:
4 SDR 21, effective October 13, 1977; 6 SDR 106, effective May 11, 1980; 33 SDR
107, effective December 26, 2006.
General
Authority: SDCL 1-14-12(4), 1-14-13, 31-2-27.
Law
Implemented: SDCL 31-2-27.
10:02:01:07. Sale of property for which no bids are received.
The secretary of the Department of Transportation may sell at private sale
through negotiation without further advertising property appraised and offered
for sale pursuant to §§ 10:02:01:02 and 10:02:01:03 for which no sealed
bid or offer at public auction was received which equaled the appraised value.
Subject to the approval of the State Transportation Commission, property
appraised at $2,500 or less may be sold for not less than 50 percent of the
appraised value and property appraised at more than $2,500 may be sold for not
less than 80 percent of the appraised value.
Source:
7 SDR 89, effective March 31, 1981; 33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 31-2-27.
Law
Implemented: SDCL 31-2-27.
CHAPTER 10:02:02
FEES CHARGEABLE FOR LEGAL PUBLICATIONS
(Superseded, 51 SDR 1, July 1, 2024)
Section
10:02:02:01 Maximum fees chargeable, Superseded.
10:02:02:02 Fee chargeable by newspapers with large circulation, Superseded.
10:02:02:01. Maximum fees chargeable. Superseded.
Source: 18 SDR 62, effective October 9, 1991; 19 SDR 47, effective October 4, 1992; 20 SDR 149, effective March 22, 1994; 24 SDR 107, effective February 23, 1998; 26 SDR 89, effective January 6, 2000; 27 SDR 66, effective January 4, 2001; 28 SDR 105, effective February 3, 2002; 30 SDR 33, effective September 15, 2003; 32 SDR 129, effective January 31, 2006; 33 SDR 226, effective June 27, 2007; 42 SDR 146, effective May 2, 2016; 48 SDR 40, effective October 5, 2021; 51 SDR 1, effective July 1, 2024.
10:02:02:02. Fees chargeable by newspapers with large circulation. Superseded.
Source: 18 SDR 62, effective October 9, 1991; 19 SDR 47, effective October 4, 1992; 20 SDR 149, effective March 22, 1994; 24 SDR 107, effective February 23, 1998; 26 SDR 89, effective January 6, 2000; 27 SDR 66, effective January 4, 2001; 28 SDR 105, effective February 3, 2002; 30 SDR 33, effective September 15, 2003; 32 SDR 129, effective January 31, 2006; 33 SDR 226, effective June 27, 2007; 42 SDR 146, effective May 2, 2016; 48 SDR 40, effective October 5, 2021; 51 SDR 1, effective July 1, 2024.
CHAPTER 10:02:03
STATE AGENCY PUBLICATIONS
Section
10:02:03:01 Cost information -- Criteria for exemption.
10:02:03:02 Procedure for obtaining exemption.
10:02:03:01. Cost
information -- Criteria for exemption. Any state agency publication,
pamphlet, flyer, or brochure intended for distribution to the public at large
and with a total cost exceeding $100 must bear an inscription containing that
information required by SDCL 5-18D-15. However, the commissioner of the Bureau of Administration may grant an exemption to the agency based on the following criteria:
(1) Whether the state
agency assesses a fee or a charge for the pamphlet, brochure, flyer, or publication;
(2) Whether the pamphlet,
brochure, flyer, or publication is used by a state agency for the purpose of
recruitment;
(3) Whether the pamphlet,
brochure, flyer, or publication is required by statute; and
(4) Whether the pamphlet,
brochure, flyer, or publication is issued by the state agency in recognition of
an event, in appreciation for performance, or as a salutation.
Source:
18 SDR 62, effective October 9, 1991; 37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18D-15.
Law
Implemented: SDCL 5-18D-15.
10:02:03:02. Procedure
for obtaining exemption. Any state agency may file a request with the
commissioner of administration for exemption from the inscription required by
SDCL 5-18D-15. The request shall be made on forms provided by the Bureau of Administration and must include the following:
(1) Reasons for the
exemption;
(2) The criteria from
§ 10:02:03:01 applicable to the exemption;
(3) A description of the
pamphlet, brochure, flyer, or publication;
(4) The amount charged by
the agency for the pamphlet, brochure, flyer, or publication; and
(5) Any other supporting
documentation.
Source:
18 SDR 62, effective October 9, 1991; 37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18D-15.
Law
Implemented: SDCL 5-18D-15.
10:02:04:01. Fee
for placement on state bidders list. The fee for placement on the state
bidders list is $50 for a one year period from the date of registration
approval by the office of procurement management. A prospective bidder who
wishes to be placed on the state bidders list shall submit a completed
application to the office of procurement management as required by that office,
together with the required fee.
Source:
18 SDR 215, effective July 1, 1992; 37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18D-7.
Law
Implemented: SDCL 5-18D-7.
CHAPTER 10:02:05
DEFINITIONS AND PURCHASING PROCEDURES
Section
10:02:05:01 Definitions.
10:02:05:02 and 10:02:05:03 Repealed.
10:02:05:04 Green Seal certified defined.
10:02:05:05 Ecologo certified defined.
10:02:05:06 Energy Star qualified defined.
10:02:05:07 WaterSense qualified defined.
10:02:05:08 Procurement of environmentally preferable products.
10:02:05:09 Procurement of paper products and printing.
10:02:05:10 Printed on recycled paper statement required on state printing projects.
10:02:05:11 Procurement of cleaning and maintenance products.
10:02:05:12 Procurement of EPA registered antimicrobial products.
10:02:05:13 Procurement of energy consuming products.
10:02:05:14 Procurement of water consuming products.
10:02:05:15 Waiver of requirement to procure environmentally preferable products.
10:02:05:01. Definitions.
Words and phrases defined in SDCL chapter 5-18A-1 have the same meaning when used in this chapter. Terms used in this chapter mean:
(1) "ASHRAE," the
American Society of Heating, Refrigerating, and Air Conditioning Engineers;
(2) "ASTM," the
American Society for Testing and Materials;
(3) "Biobased,"
any materials composed wholly or in a significant part of biological products
including renewable agricultural materials or forestry materials;
(4) "DfE,"
Designed for the Environment;
(5) "EPA," the
United States Environmental Protection Agency.
Source:
24 SDR 107, effective February 23, 1998; 37 SDR 111, effective December 7,
2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-1, 5-18A-38.
10:02:05:02. Purchases
of goods under $10,000. Repealed.
Source:
24 SDR 107, effective February 23, 1998; repealed, 37 SDR 111, effective
December 7, 2010.
10:02:05:03. Purchases
of services under $10,000. Repealed.
Source:
24 SDR 107, effective February 23, 1998; repealed, 37 SDR 111, effective
December 7, 2010.
10:02:05:04. Green
Seal certified defined. As used in this chapter, the term, Green Seal
certified, means that the product or service is in full compliance with any of
the following relevant published Green Seal environmental standards and is
subject to a valid certification agreement with Green Seal:
(1) GS-1, Green Seal
Environmental Standard for Tissue Paper, Second Edition, February 12, 1992;
(2) GS-5, Green Seal
Environmental Standard for Compact Fluorescent Lamps, Third Edition, November
13, 2009;
(3) GS-7, Green Seal
Environmental Standard for Printing and Writing Paper, Sixth Edition, November
12, 1999;
(4) GS-8, Green Seal
Environmental Standard for Cleaning Products for Household Use, Second Edition,
July 2, 2007;
(5) GS-9, Green Seal Environmental
Standard for Paper Towels and Napkins, First Edition, January 27, 1993;
(6) GS-10, Green Seal
Environmental Standard for Coated Printing Paper, Second Edition, January 7,
1997;
(7) GS-11, Green Seal
Environmental Standard for Paints and Coatings, Third Edition, January 1, 2010;
(8) GS-12, Green Seal
Environmental Standard for Occupancy Sensors, First Edition, February 14, 1997;
(9) GS-15, Green Seal
Environmental Standard for Newsprint, First Edition, January 14, 1994;
(10) GS-16, Green Seal
Environmental Standard for Reusable Utility Bags, First Edition, January 14,
1994;
(11) GS-18, Green Seal
Environmental Standard for Paper Products used for Food Preparation, Second
Edition, January 7, 1997;
(12) GS-21, Green Seal
Environmental Standard for Powdered Laundry Bleach, First Edition, August 30,
1996;
(13) GS-31, Green Seal
Environmental Standard for Electric Chillers, Second Edition, January 14, 2000;
(14) GS-34, Green Seal
Environmental Standard for Cleaning and Degreasing Agents, First Edition, May
31, 1999;
(15) GS-35. Green Seal
Environmental Standard for Food Service Packaging, First Edition, Part A March
15, 2000, Part B March 20, 2002;
(16) GS-37, Green Seal
Environmental Standard for Cleaning Products for Industrial and Institutional
Use, Fifth Edition, August 28, 2009;
(17) GS-40, Green Seal
Environmental Standard for Floor-Care Products for Industrial and Institutional
Use, First Edition, March 10, 1994;
(18) GS-41, Green Seal
Environmental Standard for Hand Cleaners for Industrial and Institutional Use,
First Edition, July 6, 2006; and
(19) GS-44, Green Seal
Environmental Standard for Soaps, Cleansers, and Shower Products for Household
Use, First Edition, May 7, 2009.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
Reference:
Green Seal Environmental Standards,
Green Seal, Inc., 1001 Connecticut Ave. NW, Ste 872, Washington, DC USA
20036-5525. Free copies of the standards are available on the internet at http://www.greenseal.org/certification/environmental.cfm.
10:02:05:05. Ecologo
certified defined. As used in this chapter, the term, Ecologo certified,
means that the product or service is in full compliance with any of the
following relevant published Ecologo certification standards, and that the
product or service is subject to a license agreement through the TerraChoice
Ecologo program:
(1) Environmental Choice
Program Certification Criteria Document CCD-001: Energy Efficient
Heating/Cooling Systems for Buildings, February 2003;
(2) Environmental Choice Program
Certification Criteria Document CCD-008: Hot Water Tanks-Domestic Indirect
Fired, October 1998;
(3) Environmental Choice
Program Certification Criteria Document CCD-012: Hot Water Heating Boiler -
Gas-fired Condensing, May 1998;
(4) Environmental Choice
Program Certification Criteria Document CCD-015: Energy Efficient Harmonic
Cancellation Transformers, June 2000;
(5) Environmental Choice
Program Certification Criteria Document CCD-029: Water Conserving Products,
April 1996;
(6) Environmental Choice
Program Certification Criteria Document CCD-035: Office Machines, March 2009;
(7) Environmental Choice
Program Certification Criteria Document CCD-051: Paint and Varnish Remover,
July 1995;
(8) Environmental Choice
Program Certification Criteria Document CCD-077: Printing and Writing Papers,
August 1998;
(9) Environmental Choice
Program Certification Criteria Document CCD-078: Uncoated Mechanical Printing
Paper, August 1998;
(10) Environmental Choice
Program Certification Criteria Document CCD-079: Business Forms and Other
Converted Paper Products; August 2001;
(11) Environmental Choice
Program Certification Criteria Document CCD-080: Envelopes, August 2001;
(12) Environmental Choice
Program Certification Criteria Document CCD-082: Toilet Tissue, August 1995;
(13) Environmental Choice
Program Certification Criteria Document CCD-083: Facial Tissue, August 1995;
(14) Environmental Choice
Program Certification Criteria Document CCD-084: Table Napkins, August 1995;
(15) Environmental Choice
Program Certification Criteria Document CCD-085: Kitchen Towels, August 1995;
(16) Environmental Choice
Program Certification Criteria Document CCD-086: Hand Towels, August 1995;
(17) Environmental Choice
Program Certification Criteria Document CCD 087: Compostable Paper Bags, March
2003;
(18) Environmental Choice
Program Certification Criteria Document CCD-103: Personal Care Products,
September 2000;
(19) Environmental Choice
Program Certification Criteria Document CCD-104: Hand Cleaners - Industrial
& Institutional, June 2006;
(20) Environmental Choice
Program Certification Criteria Document CCD-105: Laundry Detergents and Fabric
Softeners, October 1997;
(21) Environmental Choice
Program Certification Criteria Document CCD-106: Laundry Bleach, July 1997;
(22) Environmental Choice
Program Certification Criteria Document CCD 110: Cleaning and Degreasing
Compounds - Biologically-based, March 2005;
(23) Environmental Choice
Program Certification Criteria Document CCD-112: Biological Digestion Additives
for Cleaning and Odour Control, January 2003;
(24) Environmental Choice
Program Certification Criteria Document CCD-138: De-icing Chemical for Airport
Runways, October 2001;
(25) Environmental Choice
Program Certification Criteria Document CCD-145: Food Containers, June 2003;
(26) Environmental Choice
Program Certification Criteria Document CCD-146: Hardsurface Cleaners, December
2005;
(27) Environmental Choice
Program Certification Criteria Document CCD-147: Floor Care Products, February
2007;
(28) Environmental Choice
Program Certification Criteria Document CCD-148: Carpet and Upholstery
Cleaners, June 2004;
(29) Environmental Choice
Program Certification Criteria Document CCD-165: Urinal Blocks, October 2006;
(30) Environmental Choice
Program Certification Criteria Document CCD-166: Disinfectants and Disinfectant
Cleaners, March 2007; and
(31) Environmental Choice
Program Certification Criteria Document CCD-170: Instant Hand Antiseptic
Products, February 2010.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
Reference:
Environmental Choice Program
Certification Criteria, TerraChoice Environmental Marketing Inc., 171
Nepean Street, Suite 400, Ottawa, Ontario, K2P 0B4, Canada. Free copies of the
certification criteria documents can be obtained on the internet at http://www.ecologo.org/en/seeourcriteria/.
10:02:05:06. Energy
Star qualified defined. As used in this chapter, the term Energy Star
qualified, means that a product earned the Energy Star label by meeting the
energy efficiency requirements set forth in one of the following published
Energy Star product specifications established by the United State
Environmental Protection Agency:
(1) Energy Star Program
Requirements for Products with Battery Charging Systems, January 1, 2006;
(2) Energy Star Program
Requirements for Clothes Washers, March 7, 2008;
(3) Energy Star Program
Requirements for Dehumidifiers, Version 2.0, October 1, 2006;
(4) Energy Star Program
Requirements for Dishwashers, November 14, 2008;
(5) Energy Star Program
Requirements for Residential Refrigerators and/or Freezers, August 3, 2007;
(6) Energy Star Program
Requirements for Room Air Conditioners, November 16, 2005;
(7) Energy Star Program
Requirements for Room Air Cleaners, Version 1.0, July 1, 2004;
(8) Energy Star Program
Requirements for Water Coolers, Version 1.2, January 22, 2010;
(9) Energy Star Program
Requirements for Boilers, Version 2.0, April 2002;
(10) Energy Star Program
Requirements for Residential Ceiling Fans, Version 2.3, January 1, 2009;
(11) Energy Star Program
Requirements for Residential Air Source Heat Pump (ASHPs) and Central Air
Conditioner Equipment, Version 4.0, March 31, 2006;
(12) Energy Star Program
Requirements for Furnaces, Version 2.0, October 27, 2006;
(13) Energy Star Program
Requirements for Geothermal Heat Pumps, Version 3.0, December 1, 2009;
(14) Energy Star Program
Requirements for Light Commercial HVAC, Version 2.0, May 1, 2010;
(15) Energy Star Program
Requirements for Programmable Thermostats, Version 1.2, January 1, 2010;
(16) Energy Star Program
Requirements for Residential Ventilating Fans, Version 2.2, January 15, 2009;
(17) Energy Star Program
Requirements for Telephony, Version 2.1, November 1, 2008;
(18) Energy Star Program
Requirements for Digital-to-Analog Converter Boxes (DTAs), Version 1.1, January
31, 2007;
(19) Energy Star Program
Requirements for Single Voltage External Ac-Dc and Ac-Ac Power Supplies,
Version 2.0, November 1, 2008;
(20) Energy Star Program
Requirements for Audio/Video, Version 2.0, July 30, 2010;
(21) Energy Star Program Requirements
for Set-top Boxes, Version 2.0, January 1, 2009;
(22) Energy Star Program
Requirements for Televisions, Version 4.1, May 1, 2010;
(23) Energy Star Program
Requirements for Computers, Version 5.0, July 1, 2009;
(24) Energy Star Program Requirements
for Imaging Equipment, Version 1.1, July 1, 2009;
(25) Energy Star Program
Requirements for Computer Servers, Version 1.0, October 15, 2010;
(26) Energy Star Program
Requirements for Displays, Version 5.0, January 20, 2010;
(27) Energy Star Program
Requirements for CFLs, Version 4.0, March 7, 2008;
(28) Energy Star Program
Requirements for Decorative Light Strings, Version 1.4, March 1, 2008;
(29) Energy Star Program
Requirements for Residential Light Fixtures, Version 4.2, August 1, 2008;
(30) Energy Star Program
Requirements for Solid State Luminaries, Version 1.1, February 1, 2009;
(31) Energy Star Program
Requirements for Commercial Dishwashers, Version 1.1, October 11, 2007;
(32) Energy Star Program
Requirements for Commercial Ovens, Version 1.0, May 16, 2009;
(33) Energy Star Program
Requirements for Commercial Fryers, Version 1.0, August 15, 2003;
(34) Energy Star Program
Requirements for Commercial Steam Cookers, Version 1.1, August 1, 2003;
(35) Energy Star Program Requirements
for Commercial Hot Food Holding Cabinets, Version 1.0, August 15, 2003;
(36) Energy Star Program
Requirements for Commercial Griddles, Version 1.0, May 8, 2009;
(37) Energy Star Program
Requirements for Commercial Ice Machines, Version 1.0, January 1, 2008;
(38) Energy Star Program
Requirements for Refrigerators and Freezers, Version 2.0, December 31, 2009; or
(39) Energy Star Program
Requirements for Refrigerated Beverage Vending Machines, Version 2.0, July 1,
2007.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
Reference:
Energy Star Program Requirements,
United States Environmental Protection Agency, US EPA Energy Star Hotline
(6202J), 1200 Pennsylvania Ave. NW, Washington, D.C. 20460. Free copies of the
requirements are available on the internet at http://www.energystar.gov/index.cfm?c=product_specs.pt_product_specs.
10:02:05:07. WaterSense
qualified defined. As used in this chapter, the term, WaterSense qualified,
means that a product earned the WaterSense label by meeting the water
efficiency requirements set forth in one of the following published WaterSense
product specifications established by the EPA:
(1) WaterSense
Specification for High-Efficiency Lavatory Faucet Specification, October 1,
2007;
(2) WaterSense
Specification for Tank-Type High-Efficiency Toilet Specification, January 24,
2007;
(3) WaterSense
Specification for Flushing Urinals, August 14, 2009; or
(4) WaterSense
Specification for Showerheads, February 9, 2010.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
Reference:
WaterSense, U.S. Environmental
Protection Agency, Office of Wastewater Management (4204M), 1200 Pennsylvania
Avenue NW, Washington, D.C. 20460. Free copies of the WaterSense specifications
are available on the internet at http://www.epa.gov/watersense/products/index.html.
10:02:05:08. Procurement
of environmentally preferable products. Each state agency and institution
shall procure environmentally preferable products whenever practicable. If an
agency is procuring an environmentally preferred product that is not available
on a state contract, the agency shall use the specifications and criteria
established in this chapter to make the purchase.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
10:02:05:09. Procurement
of paper products and printing. Each state agency and institution shall
specify products that meet at least one of the following requirements when
procuring any paper product or requesting bids or quotes for any printing
project:
(1) Green Seal certified;
(2) Ecologo certified; or
(3) Comply with the minimum
requirements for recycled content as published in the United States
Environmental Protection Agency Comprehensive Procurement Guidelines,
Buy-Recycled Series, Paper Products, October 2007.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
Reference:
Comprehensive Procurement Guidelines,
Buy-Recycled Series, Paper Products, October 2007. United States Environmental
Protection Agency, Office of Resource Conservation and Recovery (5305P), 1200
Pennsylvania Avenue NW, Washington, DC 20460. A free copy of this document is
available on the internet at http://www.epa.gov/epawaste/conserve/tools/cpg/pdf/paper.pdf.
10:02:05:10. Printed
on recycled paper statement required on state printing projects. Each state
printing project shall include the statement "Printed on Recycled
Paper," unless the agency has received a written waiver from the Office of
Procurement Management authorizing the use of virgin stock paper for the
project.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
10:02:05:11. Procurement
of cleaning and maintenance products. Each state agency and institution
shall specify products that meet at least one of the following requirements
when procuring any cleaning or maintenance product:
(1) Green Seal certified;
(2) Ecologo certified;
(3) Designated for
preferred procurement through the U.S. Environmental Protection Agency Designed
for the Environment Safer Product Labeling Program by meeting the requirements
of the EPA's DfE Standard for Safer Cleaning Products (SSCP), as revised on
March 2010;
(4) Determined to be
biobased products using ASTM Method D6866, 10 Standard Test Methods for
Determining the Biobased Content of Solid, Liquid, and Gaseous Samples Using
Radiocarbon Analysis, as in effect on July 1, 2010. Any cleaning or maintenance
product included in the United States Department of Agriculture's BioPreferred
Program electronic catalog of qualifying biobased products is accepted as
compliant with this section; or
(5) Certified as meeting or
exceeding any of the other requirements listed in this section by an
independent and knowledgeable third party based on standardized test
procedures.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
References:
EPA's DfE Standard for Safer Cleaning
Products (SSCP), Revised March 2010, Design for the Environment, Office of
Pollution Prevention and Toxics, US EPA, 1200 Pennsylvania Avenue NW, Mail Code
7406-M, Washington, DC 20460. Free copies of the standard are available on the
internet at http://www.epa.gov/dfe/pubs/projects/gfcp/index.htm#Standard.
ASTM Designation D6886-10, Standard
Test Methods for Determining the Biobased Content of Solid, Liquid, and Gaseous
Samples Using Radiocarbon Analysis, July 1, 2010, American Society for Testing
and Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania, USA
19428. An electronic copy of this document is available online at www.astm.org or contact ASTM Customer Service at
service@astm.org. Cost: $45.
10:02:05:12. Procurement
of EPA registered antimicrobial products. Any disinfectant, disinfecting
cleaner, sanitizer, or any other antimicrobial product regulated by the Federal
Insecticide, Fungicide and Rodenticide Act (7 U.S.C. Sec. 136 et seq.), as amended
to January 1, 2010, and registered by the EPA, may be purchased if the use is
necessary to protect public health and if the use is in accordance with
responsible cleaning procedure requirements.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
10:02:05:13. Procurement
of energy consuming products. Each state agency and institution shall
specify products that meet at least one of the following requirements when
procuring energy consuming products:
(1) Energy Star qualified;
(2) Green Seal certified;
or
(3) Ecologo certified.
Any energy consuming product installed
in new construction or renovation project that is designed to meet high
performance green building standards pursuant to SDCL 5-14-32 to 5-14-38, inclusive, or ASHRAE Standard 90.1-2007, shall be accepted as being compliant with this section.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
Reference:
ASHRAE Standard 90.1-2007, Energy
Standard for Buildings Except Low-Rise Residential Buildings, I-P Edition,
Copyright 2007, with 2008 Supplement, American Society of Heating,
Refrigerating and Air-Conditioning Engineers, Inc., 1791 Tullie Circle NE,
Atlanta, GA 30329. Cost: $135.
10:02:05:14. Procurement
of water consuming products. Each state agency or institution shall specify
products that meet at least one of the following requirements when procuring
water consuming products:
(1) WaterSense qualified;
or
(2) Ecologo certified.
Any water consuming product installed
in a new construction or renovation project that is designed to meet high
performance green building standards pursuant to SDCL 5-14-32 to 5-14-38, inclusive, shall be accepted as being compliant with this section.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
10:02:05:15. Waiver
of requirement to procure environmentally preferable products. The head of
a state agency or institution may submit a written request for waiver of the
requirement to procure an environmentally preferable product to the Office of
Procurement Management for approval, prior to making a purchase as follows:
(1) For procurement of any
paper product or printing project, the request shall provide justification for
the use of virgin paper stock as an alternative to the requirement for recycled
content paper;
(2) For any cleaning and
maintenance product, the request shall document the reason for selecting the
alternative product. The request shall be submitted through the state agency's
facilities director;
(3) For any energy
consuming product, the request shall document that no energy efficient product
is reasonably available that meets the functional requirements of the agency or
that no energy efficient product is cost effective over the life of the product
taking energy cost savings into account; and
(4) For any water consuming
product, the request shall document that no water efficient product is
reasonably available that meets the functional requirements of the agency or
that no water efficient product is cost effective over the life of the product
taking water cost savings into account.
The written request for waiver is not
required to be submitted to the Office of Procurement Management for any
project under the control of the Office of the State Engineer.
The Office of Procurement Management
shall waive the requirement to procure an environmentally preferable product
required by this chapter if it is apparent that no qualifying product is
available after reviewing bids or proposals received in response to a
competitive sealed bid or competitive sealed proposal.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
