The municipality is exempt from bidding the following types of contracts:
(1) Highway construction contracts entered into by the South Dakota Department of Transportation;
(2) Contracts for the purchase of supplies from the United States or its agencies;
(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 from any contract that was competitively solicited and awarded within the previous 12 months;
(4) Equipment repair contracts;
(5) Procurement of electric power, water, or natural gas; chemical and biological products;
(6) Supplies, services, and professional services required for certain research projects under the control of the Board of Regents;
(7) Property or liability insurance or performance bonds;
(8) Supplies needed by the Department of Human Services or Department of Social Services or prison industries for the manufacturing of products;
(9) Printing involving student activities conducted by student organizations and paid for out of student fees at institutions under control of the Board of Regents;
(10) Purchase of surplus property from another purchasing agency;
(11) Animals;
(12) Purchases by a school district of perishable food, raw materials used in construction or manufacture of products for resale, or for transportation of students;
(13) Certain state authorities;
(14) Seeds, fertilizers and other products used in the operation of farms under control of the Board of Regents;
(15) Supplies for any utility owned or operated by a municipality if the purchase does not exceed the limits found in SDCL § 5-18A-14;
(16) For political subdivisions, any contract for asbestos removal in emergency response actions;
(17) Supplies or services from a contract established through a Midwestern higher education compact group by competitive sealed bid or a competitive sealed proposal;
(18) Any contract concerning the custody, management, purchase, sale and exchange of fund investments research by the State Investment Council or Division of Investment; or
(19) For political subdivisions, including municipalities, any purchase of equipment involving the expenditure of less than $50,000. (SDCL § 5-18A-22);
(20) Public sale or auction;
(21) Water, sanitary sewer, and storm sewer trunk lines or mains, sewer collection systems, streets, and regional storm sewer detention ponds installed at developer's expense;
(22) Fuel purchased by local government units. 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;
(23) Purchases from state contract list or below state contract price.
(B) A purchasing agency may make or authorize others to make an emergency purchase without advertising if rentals are not practicable and there exists a threat to public health, welfare, or safety or for other urgent and compelling reasons (SDCL § 5-18A-8).
(Ord. 1.34A, passed 7-18-2014; Ord. 2022-13, passed 12-19-2022)
Statutory reference:
Related provisions, see SDCL §§ 5-18A-22, 5-18C-3, 5-18C-4, 5-18C-6, and 5-18C-8