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.