5-18A-25. Preferences to certain resident businesses, qualified agencies, and businesses using South Dakota supplies or services.

In awarding a contract, if all things are equal, including the price and quality of the supplies or services, a purchasing agency shall give preference:

(1)    To a qualified agency if the other equal low bid or proposal was submitted by a business that was not a qualified agency;

(2)    To a resident business if the other equal low bid or proposal was submitted by a nonresident business;

(3)    To a resident manufacturer if the other equal low bid or proposal was submitted by a resident business that is not a manufacturer;

(4)    To a resident business whose principal place of business is located in the State of South Dakota, if the other equal low bid or proposal was submitted by a resident business whose principal place of business is not located in the State of South Dakota; or

(5)    To a nonresident business providing or utilizing supplies or services found in South Dakota, if the other equal low bid or proposal was submitted by a nonresident business not providing or utilizing supplies or services found in South Dakota.

In computing price, the cost of transportation, if any, including delivery, shall be considered.

Source: SL 2010, ch 31, § 28.