South Dakota
Administrative Fees:
Administrative Fees on State Contracts
Disclaimer:
This information is self-reported by the state via the Survey of State Procurement Practices
Administrative Fees in Use:
Yes
Types of Contracts with Admin. Fees:
Statewide/Enterprise, National Cooperative
Amount and Frequency of Fees Collected:
Percentage based on spend, quarterly
State authority to conduct best value procurement (BVP)
Best Value Procurement Definition:
Best Value Procurement Definition
Definition of Best Value Procurement:
Yes
Citation:
South Dakota Procurement Manual. p. 8, 22
Citation Language:
Bid Limits and Use of Other Government Contracts: State agencies and institutions are to utilize established state contracts for purchases of goods and services. If a state contract is not available, an agency may: 1. Make purchases of supplies or services that do not exceed $4,000 and are not available on a state contract, by using their best discretion to obtain the best value for the taxpayers; 2. Make purchases of supplies not exceeding $25,000 and not available on a state contract, by obtaining three written quotes. Purchases of supplies under this provision require the agency to submit a requisition to the Office of Procurement Management. A purchase order issued by OPM will authorize the purchase. State agencies may make purchases of services not exceeding $25,000, by using their best discretion to obtain the best value for the taxpayers; agencies are responsible to issue their own contracts or service purchase orders for services... Part E: Evaluation: This part of an IFB/RFP is used to explain specifically how the successful bidder or offeror will be determined. For an IFB, the successful bidder will always be the low responsive and responsible bidder. If an RFP process is used, the successful offeror will be the responsible offeror whose proposal conforms to the solicitation and is determined in writing to be the most advantageous to the purchasing agency taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria may be used in the evaluation. For RFPs, it is important that the agency state all evaluation factors that will be used to make an award decision, the relative importance of each factor, including price. If an agency uses a point system in its evaluation process, the points assigned to each factor should be stated in the RFP.
Statutory, regulatory, and procedural guidance for bid protests
Protest Procedure:
Protest Procedure
Status:
No Official Guidance
Statutory, regulatory, and procedural guidance for bid responsiveness
Bid Responsiveness:
Bid Responsiveness Definition
Citation:
South Dakota Procurement Manual p. 6
Citation Language:
Responsive Bidder: A person who has submitted a bid that conforms in all material respects to the Invitation to Bid.
Definition:
Yes
Statutory, regulatory, and procedural guidance for bidder responsibility
Responsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
South Dakota Procurement Manual, p. 6
Citation Language:
Responsible Bidder: A person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.
Name:
Commodity Code
Commodity Code:
NIGP
Name:
Competitive Thresholds
Formal/Competitive Sealed Bidding:
$50,000
Citation:
SD ST § 5-18A-11
Public Link:
Citation Language:
Purchases of supplies and services under fifty thousand dollars. Unless otherwise specified by statute, purchases of supplies and services under fifty thousand dollars must be made as follows: (1) Notwithstanding other provisions of chapter [5-18A](https://sdlegislature.gov/Statutes?Statute=5-18A) or [5-18D](https://sdlegislature.gov/Statutes?Statute=5-18D), the Bureau of Administration may authorize state agencies and institutions to make purchases of supplies over four thousand dollars and under fifty thousand dollars by obtaining three quotes from different vendors. If three quotes cannot be obtained, the Bureau of Administration may approve the purchase if in the best interest of the state, require additional quotes to be obtained, or require the purchase be advertised for bids; (2) State purchases of supplies under four thousand dollars may be made in accordance with procedures established by the purchasing agency in the best interests of the state; (3) State purchases of services under fifty thousand dollars may be made in accordance with procedures established by the purchasing agency in the best interests of the state; and (4) For all other purchasing agencies, purchases under fifty thousand dollars may be made in accordance with procedures established by the purchasing agency. No purchases may be artificially divided to constitute a small purchase under this section.
Small Purchases/Informal Purchasing:
$4,000; $50,000
Citation 2:
SD ST § 5-18A-11
Public Link 2:
Citation Language 2:
Purchases of supplies and services under fifty thousand dollars. Unless otherwise specified by statute, purchases of supplies and services under fifty thousand dollars must be made as follows: (1) Notwithstanding other provisions of chapter 5-18A or 5-18D, the Bureau of Administration may authorize state agencies and institutions to make purchases of supplies over four thousand dollars and under fifty thousand dollars by obtaining three quotes from different vendors. If three quotes cannot be obtained, the Bureau of Administration may approve the purchase if in the best interest of the state, require additional quotes to be obtained, or require the purchase be advertised for bids; (2) State purchases of supplies under four thousand dollars may be made in accordance with procedures established by the purchasing agency in the best interests of the state; (3) State purchases of services under fifty thousand dollars may be made in accordance with procedures established by the purchasing agency in the best interests of the state; and (4) For all other purchasing agencies, purchases under fifty thousand dollars may be made in accordance with procedures established by the purchasing agency. No purchases may be artificially divided to constitute a small purchase under this section.
Statutory, regulatory, and procedural guidance for contract claims before a specialized body
Contract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
Statutory, regulatory, and procedural guidance for contract claim appeals before a specialized body
Administrative Contract Claims Appeals:
Administrative Contract Claims Appeals
Status:
No Official Guidance
eProcurement:
eProcurement
Platform:
ESM Solutions
System Type:
eProcurement
Public Link:
https://boa.sd.gov/central-services/procurement-management/procurement-management-eprocurement.aspx
System Name:
easyPurchase
The rules concerning the size and composition of evaluation committees for formal solicitations
Eval Committees:
Evaluation Committees
Evaluation Team Requirements:
No official guidance
State entity with the statutory authority and oversight for the purchasing of goods and services
Goods and Services Procurement Entity:
Goods and Services Procurement
Entity:
Total Delegation to Agencies
Citation:
SD ST § 5-18A-34
Citation Language:
The Bureau of Administration shall serve as the central procurement agency of the State of South Dakota. Except for the legislative and judicial branches and as otherwise specifically provided in this chapter and chapters 5-18B, 5-18C, and 5-18D, the Bureau of Administration shall procure, or authorize the procurement of all supplies and public improvements for state government. No claim for any such procurement may be paid unless authorization has been issued by the bureau. All state agencies and institutions are responsible for the procurement of services for their respective governmental unit. The governing body of all other purchasing agencies, including the legislative and judicial branches of state government, is responsible for procuring or authorizing the procurement of supplies, services, and public improvements for their respective governmental unit.
State authority to conduct multistep competitive sealed bidding
Authorization for Multi-Step Competitive Sealed Bidding:
Authorization for Multi-Step Competitive Sealed Bidding
Status:
No Authorization
Name:
Nonprofit Usage of Statewide Contracts
Authorization:
No
Organizational location for the dedicated procurement attorney assigned to assist with and review purchasing and contracts.
Procurement Counsel Location:
Embedded in Procurement Office
Reports To:
Other
Official state procurement website for public
Public Link to Official State Procurement Website:
State Procurement Website
Statutory, regulatory, or procedural guidance for protest appeals before a specialized body
Administrative Protest Appeals:
Administrative Protest Appeals
Status:
No Statutory Guidance
The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals
Public Notice:
Public Notice
Formal Solicitation - Minimum Window for Proposals/Bids:
10 Days
Citation:
SD ST § 5-18A-14
Public Link 1:
Citation Language:
The advertisement shall appear as a legal notice in the appointed legal newspaper. The advertisement shall be printed at least twice, with the first publication at least ten days before opening of bids or the deadline for the submission of proposals.
State authority to conduct reverse auctions
Authorization for Reverse Auction:
Authorization for Reverse Auctions
Status:
Full Authorization
Citation:
SD ST § 5-18A-39
Citation Language:
Notwithstanding any other provision of this chapter, a purchasing agency may conduct an online reverse auction for the procurement of supplies or nonprofessional services, if the purchasing agency determines in writing that a reverse auction is appropriate for the specific procurement. No reverse auction may be used to establish contracts for public improvements, professional services, or indefinite quantity supply purchases.
Comments:
No reverse auction may be used to establish contracts for public improvements, professional services, or indefinite quantity supply purchases.
Official state procurement manual available to public
Public Link to State Procurement Manuals:
State Procurement Manual
Awarded contracts as provided by each state
Link to State-Wide Contracts:
State-wide contracts
State-Wide Contracts Link:
https://boa.sd.gov/central-services/procurement-management/procurement-management-contractsA-C.aspx
Information for suppliers as provided by each state
Link to Supplier Registration:
Supplier Registration
Supplier Registration Link:
State entity with the statutory authority and oversight for the purchasing of technology
Technology Procurement Entity:
Technology Procurement Entity
Entity:
State Central Procurement Office
Citation:
ND ST 54-44.4-02
Citation Language:
The office of management and budget shall purchase or lease or otherwise arrange for the procurement, for all state agencies and institutions in the executive branch of state government, all materials, furniture, fixtures, printing, insurance, services, and other commodities. The International Peace Garden may participate in the procurement authorized by this section. The following commodities and services, however, are not subject to the procurement requirements of this chapter: 1. Land, buildings, space, or the rental thereof. 2. Telephone and telegraph service and electrical light and power services. 3. Public books, maps, periodicals, and technical pamphlets. 4. Department of transportation materials, equipment, and supplies in accordance with section 24-02-16. 5. Procurements by the industrial commission for energy-related programs under chapters 17-05, 54-17.5, 54-17.6, 54-17.7, and 54-63 and under those statutes in title 38 authorizing the industrial commission to perform well and hole pluggings, reclamation work, equipment removal, leak prevention, and similar work. 6. Services for the maintenance or servicing of equipment by the manufacturer or authorized servicing agent of that equipment when the maintenance or servicing can best be performed by the manufacturer or authorized service agent, or when such a contract would otherwise be advantageous to the state. 7. Emergency purchases the office of management and budget cannot make within the required time and which involve public health or public safety, or when immediate expenditures are necessary for repairs of state property to protect it against further loss or damage, or to prevent or minimize serious disruption in state services. Emergency purchases must be made with the level of competition practicable under the circumstances, and a written determination of the basis for the emergency and for the selection of the particular contractor must be included in the contract file. 8. Commodities and services costing less than a specified amount as determined by written directive by the director of the office of management and budget. 9. Specified commodities and services as determined by written directive by the director of the office of management and budget. 10. Employee benefit services, trust-related services, and investment management services obtained by an agency with a fiduciary responsibility regarding those services. All purchases made by the office of management and budget or a state agency or institution to which authority to purchase has been delegated by the office of management and budget must be made in accordance with this chapter, rules adopted under this chapter, and written policies of the office of management and budget.