State of South Dakota
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NINETY-FIRST SESSION LEGISLATIVE ASSEMBLY, 2016 |
723X0334 | SENATE ENGROSSED NO. SB 118 - 02/23/2016 |
Introduced by: Senators Heinert, Bradford, Ewing, and Peterson (Jim) and Representatives
Schaefer, Duvall, Rounds, Tulson, and Verchio
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FOR AN ACT ENTITLED, An Act to exempt certain purchases from certain bidding
requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 5-18A-22 be amended to read:
5-18A-22. The provisions of this chapter and chapters 5-18B, 5-18C, and 5-18D do not apply to:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 5-18A-22 be amended to read:
5-18A-22. The provisions of this chapter and chapters 5-18B, 5-18C, and 5-18D do not apply to:
(1) Any highway construction contract entered into by the Department of Transportation;
(2) Any contract for the purchase of supplies from the United States or its agencies or
any contract issued by the General Services Administration;
(3) Any purchase of supplies or services, other than professional services, by purchasing
agencies from any active contract that has been awarded by any government entity
by competitive sealed bids or competitive sealed proposals or from any contract that
was competitively solicited and awarded within the previous twelve months;
(4) Any equipment repair contract;
(5) Any procurement of electric power, water, or natural gas; chemical and biological
products; laboratory apparatus and appliances; published books, maps, periodicals
and technical pamphlets; works of art for museum and public display; medical
supplies; communications technologies, computer hardware and software, peripheral
equipment, and related connectivity; tableware or perishable foods;
(6) Any supplies, services, and professional services required for externally funded
research projects at institutions under the control of the Board of Regents;
(7) Any property or liability insurance or performance bonds, except that the actual
procurement of any insurance or performance bonds by any department of the state
government, state institution, and state agency shall be made under the supervision
of the Bureau of Administration;
(8) Any supplies needed by the Department of Human Services or the Department of
Social Services or prison industries for the manufacturing of products;
(9) Any printing involving student activities, conducted by student organizations and
paid for out of student fees, at institutions under the control of the Board of Regents.
However, nothing in this subdivision exempts, from the requirements of this chapter
and chapters 5-18B, 5-18C, and 5-18D, purchases that involve printing for other
activities at institutions under the control of the Board of Regents;
(10) Any purchase of surplus property from another purchasing agency;
(11) Any animals purchased;
(12) Any purchase by a school district of perishable food, raw materials used in
construction or manufacture of products for resale, or for transportation of students;
(13) Any authority authorized by chapters 1-16A, 1-16B, 1-16E, 1-16G, 1-16H, 1-16J, 5-12, or 11-11;
(14) Any seeds, fertilizers, herbicides, pesticides, feeds, and supplies used in the operation
of farms by institutions under the control of the Board of Regents;
(15) Any purchase of supplies for any utility owned or operated by a municipality if the
purchase does not exceed the limits established in § 5-18A-14;
(16) For political subdivisions, any contract for asbestos removal in emergency response
actions and any contract for services provided by individuals or firms for consultants,
audits, legal services, ambulance services, architectural services and engineering,
insurance, real estate services, or auction services;
(17) Any purchase of supplies or services from a contract established through a
Midwestern Higher Education Compact group purchasing program by a competitive
sealed bid or a competitive sealed proposal; or
(18) Any contract concerning the custody, management, purchase, sale, and exchange of
fund investments and research by the State Investment Council or Division of
Investment; or
(19) For political subdivisions, any purchase of equipment involving the expenditure of
less than fifty thousand dollars.