§ 34.43 EXEMPT PROCUREMENTS.

    The provisions of SDCL Chapters 5-18A, 5-18B, 5-18C, and 5-18D do not apply to:

   (A)   Any highway construction contract entered into by the Department of Transportation;

   (B)   Any contract for the purchase of supplies from the United States or its agencies or any contract issued by the General Services Administration;

   (C)   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 12 months;

   (D)   Any equipment repair contract;

   (E)   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;

   (F)   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;

   (G)   Any purchase of surplus property from another purchasing agency;

   (H)   Any animals purchased;

   (I)   Any authority authorized by SDCL Chapters 1-16A, 1-16B, 1-16E, 1-16G, 1-16H, 1-16J, 5-12, or 11-11;

   (J)   Any purchase of supplies for any utility owned or operated by a municipality if the purchase does not exceed the limits established in SDCL § 5-18A-14;

   (K)   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; or

   (L)   For political subdivisions, any purchase of equipment involving the expenditure of less than $50,000.

(SDCL §  5-18A-22)

§ 34.44 PUBLIC SALE OR AUCTION; PERFORMANCE BOND; COMPETITIVE QUOTATIONS; RECORDS TO BE RETAINED.

   (A)   Exempted. The governing board of a unit of this municipality shall be exempted from the provisions of SDCL Chapters 5-18C, 5-18A, 5-18B, and 5-18D if it is able to purchase supplies at a substantial savings at a public sale or auction.

   (B)   Performance bond waived. Any performance bond required by SDCL § 5-21-1 may be waived on items purchased for less than $10,000 at a public sale or auction.

   (C)   Competitive quotes. The governing board shall contact and attempt to obtain competitive quotations from at least three suppliers of identical or similar supplies. The board may authorize an agent to attend a sale or auction and expend an amount not in excess of 80% of the average of the quotations received.

   (D)   Records retained. A record of the names of the suppliers, the quotations received, and the procurement procedures used in purchasing shall be documented, noted in the minutes, and retained on file by the governing board.

(SDCL § 5-18C-3)

§ 34.45 PURCHASES FROM STATE CONTRACT LIST OR BELOW STATE CONTRACT PRICE.

   Notwithstanding the provisions of SDCL Chapters 5-18C, 5-18A, 5-18B, or 5-18D, any purchasing agency of a local governmental unit may purchase, without advertising for bids, from a willing vendor, any supplies contained in the state contract list established pursuant to SDCL § 5-18D-6, or from any willing vendor at a price at or below that shown in the state contract. The governing body of the purchasing agency shall note in its minutes what supplies were purchased from the state contract and shall further note the identity and address of the vendor and the price paid. If an item is purchased at a price lower than that found on the state contract, the purchasing agency shall note that fact in its minutes and show the identity and address of the vendor and the price paid.

(SDCL §  5-18C-8)

§ 34.46 FUEL PURCHASED BY LOCAL GOVERNMENT UNITS.

   The bid requirements of SDCL Chapter 5-18C, 5-18A, 5-18B, and 5-18D do not apply to the purchase of fuel by units of local government. The governing board of a unit of local government may, instead of advertising for bids, negotiate a contract for the purchase of fuel at the most advantageous price. The governing board shall contact and attempt to obtain competitive quotations from at least three suppliers. A record of the names of the suppliers, the quotations received and the procurement procedures used in purchasing shall be documented, noted in the minutes, and retained on file by the governing body. The contract may include a procedure for adjusting prices to meet changing market conditions not within the control of the vendor.

(SDCL §  5-18C-6)

FUNDS AND MONIES RECEIVED

§ 34.55 BUSINESS IMPROVEMENT DISTRICTS, USAGE OF FUNDS.

   Any money generated pursuant to SDCL § 9-55-2 may be used for any one or more of the following purposes:

   (A)   The acquisition, construction, maintenance, and operation of public off-street parking facilities for the benefit of the district area;

   (B)   Improvement of any public place or facility in the district area, including landscaping and plantings;

   (C)   Construction or installation of convention or event centers, pedestrian shopping malls or plazas, sidewalks, including moving sidewalks, parks, meeting and display facilities, bus stop shelters, lighting, benches or other seating furniture, sculptures, trash receptacles, shelters, fountains, skywalks, and pedestrian and vehicular overpasses and underpasses or any useful or necessary public improvement;

   (D)   Leasing, acquiring, constructing, reconstructing, extending, maintaining, or repairing parking lots or parking garages, both above and below ground, or other facilities for the parking of vehicles, including the power to install such facilities in public areas, whether such areas are owned in fee or by easement, in the district area;

   (E)   Creation and implementation of a plan for improving the general architectural design of public areas in the district area;

   (F)   The development of any activities and promotion of the district area;

   (G)   Maintenance, repair, and reconstruction of any improvements or facilities authorized by SDCL Chapter 9-55;

   (H)   Any other project or undertaking for the betterment of the facilities in the district area, whether the project is capital or noncapital in nature;

   (I)   Enforcement of parking regulations within the district area; and

   (J)   Employing or contracting for personnel, including administrators for any improvement or promotional program under this chapter, and providing for any service necessary or proper to carry out the purposes of SDCL Chapter 9-55.

(SDCL § 9-55-3)