South Dakota Codified Laws

Title 5. Public Property, Purchases and Contracts

Chapter 18A. Public Agency Procurement—General Provisions


S.D. CODIFIED LAWS ANN. §5-18A-1. Definition of terms.

Terms used in this chapter and chapters 5-18B, 5-18C, and 5-18D mean:

(20)     “Proposal,” any offer to enter into contract in response to a request for proposals;

(21) “Purchasing agency,” any governmental body or officer authorized by law, administrative rule, or delegated authority, to enter into contracts;

(24)     “Request for proposals,” any document, whether attached or incorporated by reference, utilized by a purchasing agency when soliciting proposals for contracts for the procurement of supplies, services, or construction;

(28)     “Services,” furnishing of labor, time, or effort by a contractor not involving the delivery of a specific end product other than reports which are merely incidental to the required performance;

(29)     “Supplies,” any property, including equipment, materials, and printing;

S.D. CODIFIED LAWS ANN. §5-18A-37. Cooperation and agreements with other state and federal purchasing agencies.

Any purchasing agency may enter into agreements with purchasing agents in this or any other state or the United States government under which any of the parties may agree to participate in, administer, sponsor, or conduct purchasing transactions under a joint agreement or contract for the purchase of supplies or contractual services. A purchasing agency may cooperate with purchasing agencies and other interested parties in any other state or the United States government to develop uniform purchasing specifications on a regional or national level to facilitate cooperative interstate purchasing transactions.

Title 1. State Affairs and Government

Chapter 24. Joint Exercise of Governmental Powers

S.D. CODIFIED LAWS ANN. §1-24-1.   Definition of terms.

Terms used in this chapter mean:

(1)     “Participating public agency,” any public agency which has elected to participate in a pool arrangement;

(2)     “Public agency,” any county, municipality, township, school district, consumers power district or drainage district of the State of South Dakota; any agency of South Dakota state government or of the United States; any political subdivision of this state; any political subdivision of another adjacent state; and any Indian tribe;

S.D. CODIFIED LAWS ANN. §1-24-2.   Joint exercise of powers authorized–Exceptions.

Any power or powers, privileges, or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise or enjoyment. Any agency of South Dakota state government when acting jointly with any public agency may exercise and enjoy all of the powers, privileges, and authority conferred by §§ 1-24-2 to 1-24-9, inclusive, upon a public agency. The provisions of this section do not apply to the power to tax or police powers, unless jointly held or otherwise authorized by law.

S.D. CODIFIED LAWS ANN. §1-24-3.   Agreements for cooperative action authorized–Approval by governing bodies.

Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of §§ 1-24-2 to 1-24-9, inclusive. Appropriate action by ordinance, resolution, or otherwise pursuant to law of the governing bodies of the participating public agencies shall be necessary before any such agreement may enter into force.

South Dakota Constitution

Article IX. Local Government

§ 3.   Intergovernmental cooperation. Every local government may exercise, perform or transfer any of its powers or functions, including financing the same, jointly or in cooperation with any other governmental entities, either within or without the state, except as the Legislature shall provide otherwise by law.