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26.478.17 101st Legislative Session 26
2026 South Dakota Legislature
Senate Bill 26
ENROLLED
AN ACT
ENTITLED An Act to revise procurement for highway construction contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 5-18A-22 be AMENDED:
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 political subdivision's utility contract to be bid in combination with a highway
construction contract of the Department of Transportation;
(3) Any contract for the purchase of supplies from the United States or its agencies or
any contract issued by the General Services Administration;
(4) 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;
(5) Any equipment repair contract;
(6) 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; comm unications technologies, computer hardware and software,
peripheral equipment, and related connectivity; tableware or perishable foods;
(7) Any supplies, services, and professional services required for externally funded
research projects at institutions under the control of the Board of Regents;
(8) Any property or liability insurance or performance bonds, except that the actual
procurement of any insurance or performance bonds by any department of the
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SB26 ENROLLED
state government, state institution, and state agency shall be made under the
supervision of the Bureau of Human Resources and Administration;
(9) Any supplies needed by the Department of Human Services or the Department of
Social Services or prison industries for the manufacturing of products;
(10) 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;
(11) Any purchase of surplus property from another purchasing agency;
(12) Any animals purchased;
(13) 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;
(14) Any authority authorized by chapters 1-16A, 1-16B, 1-16G, 1-16H, 1-16J, 5-12,
or 11-11;
(15) Any seeds, fertilizers, herbicides, pesticides, feeds, and supplies used in the
operation of farms by institutions under the control of the Board of Regents;
(16) 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;
(17) 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;
(18) 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
(19) Any contract concerning the custody, management, purchase, sale, and exchange
of fund investments and research by the State Investment Council or Division of
Investment.
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SB26 ENROLLED
An Act to revise procurement for highway construction contracts.
I certify that the attached Act originated in
the:
Senate as Bill No. 26
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk of the House
Senate Bill No. 26
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2026 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2026
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________, 2026
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State