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Administrative Rules

CHAPTER 70:07:03

BID PROPOSALS

Section

70:07:03:01        Procedure for accessing bid proposals.

70:07:03:01.01    Optional combination bidding.

70:07:03:02        Repealed.

70:07:03:03        Repealed.

70:03:03:04        Repealed.

70:07:03:05        Award of multiple contracts.

70:07:03:06        Repealed.




    70:07:03:01.  Procedure for accessing bid proposals. A prospective bidder may access bid proposals from the department's website for each letting. If the bid letting is held at a department region office, the department shall publish the instructions for obtaining the bid proposals on the department's website.

    Source: SL 1975, ch 16, § 1; 6 SDR 109, effective May 29, 1980; 8 SDR 45, effective October 28, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; transferred from § 70:01:05:09, 19 SDR 154, effective April 11, 1993; 25 SDR 145, effective May 30, 1999; 32 SDR 109, effective December 26, 2005; 40 SDR 121, effective January 6, 2014; 49 SDR 47, effective November 21, 2022.

    General Authority: SDCL 31-5-10.

    Law Implemented: SDCL 31-5-10, 31-5-10.1, 31-5-10.2, 31-5-10.3.




    70:07:03:01.01.  Optional combination bidding. The department may issue bid proposal forms for multiple projects to be bid in combination or separately, so that prospective bidders may elect to submit bids on the combination of projects, one or more separate projects, or both the combination of projects and one or more separate projects.  If one or more responsive bids are submitted for the combination of projects and all the separate projects, the department may award contracts for the combination bid or for separate project bids that result in the lowest total cost for all projects.  If no responsive bids are received on the combination of projects, the department may award contracts for any of the separate projects. If responsive bids are received only on the combination of projects, the department may award a contract for the combination bid. If one or more responsive bids are submitted for the combination of projects but no responsive bids are received on at least one of the separate projects, the department may award a contract for the combination bid but all separate project bids will be rejected.

    Source: 49 SDR 47, effective November 21, 2022.

    General Authority: SDCL 31-5-10.

    Law Implemented: SDCL 31-5-10, 31-5-10.1, 31-5-10.2, 31-5-10.3.




Rule 70:07:03:02 Repealed. CHAPTER 70:01:03

          70:07:03:02.  Time for submitting requests for bid proposals. Repealed.

 

          Source: SL 1975, ch 16, § 1; 8 SDR 45, effective October 28, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; transferred from § 70:01:05:12, 19 SDR 154, effective April 11, 1993; 25 SDR 145, effective May 30, 1999; repealed, 32 SDR 109, effective December 26, 2005.

 




    70:07:03:03.  Denial of proposal for substandard work. Repealed.

    Source: SL 1975, ch 16, § 1; 8 SDR 45, effective October 28, 1981; 11 SDR 22, effective August 12, 1984; 13 SDR 129, 13 SDR 134, effective July 1, 1987; transferred from § 70:01:05:25, 19 SDR 154, effective April 11, 1993; 32 SDR 109, effective December 26, 2005; 40 SDR 121, effective January 6, 2014; 47 SDR 38, effective October 6, 2020; 49 SDR 47, effective November 21, 2022.




Rule 70:07:03:04 Repealed.

          70:07:03:04.  Preference in selection of bid proposals. Repealed.

 

          Source: SL 1975, ch 16, § 1; 8 SDR 45, effective October 28, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; transferred from § 70:01:05:13, 19 SDR 154, effective April 11, 1993; repealed, 40 SDR 121, effective January 6, 2014.

 




Rule 70:07:03:05 Award of multiple contracts.

          70:07:03:05.  Award of multiple contracts. If a prospective bidder is the lowest competent and responsible bidder on more than one project and the total amount of these bids exceeds the current bidding capacity, the department may only award contracts in an amount up to the current bidding capacity. The department shall select contracts for award based on the best interests of the department.

 

          Source: 19 SDR 154, effective April 11, 1993; 40 SDR 121, effective January 6, 2014; 47 SDR 38, effective October 6, 2020.

          General Authority: SDCL 31-5-10.

          Law Implemented: SDCL 31-5-10.

 




Rule 70:07:03:06 Repealed.

          70:07:03:06.  Substitution of bidders prohibited. Repealed.

 

          Source: SL 1975, ch 16, § 1; 8 SDR 45, effective October 28, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; transferred from § 70:01:05:14, 19 SDR 154, effective April 11, 1993; repealed, 40 SDR 121, effective January 6, 2014.

 

Online Archived History: