South Dakota § 5-18A-18 Specifications to promote economy and encourage competition--Circumstances under which brand name or equal specifications permitted.

South Dakota Statutes

§ 5-18A-18 — Specifications to promote economy and encourage competition--Circumstances under which brand name or equal specifications permitted.

South Dakota § 5-18A-18

Title 5PUBLIC PROPERTY, PURCHASES AND CONTRACTS

Ch. 5-18PUBLIC AGENCY PROCUREMENT--GENERAL PROVISIONS

This text of South Dakota § 5-18A-18 (Specifications to promote economy and encourage competition--Circumstances under which brand name or equal specifications permitted.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 5-18A-18 (2026).

Text

Any specification shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the purchasing agency's needs, and may not be unduly restrictive. Brand name or equal specifications may be used if the purchasing agency determines in writing that:

(1)No other design or performance specification or qualified products list is available;

(2)Time does not permit the preparation of another form of purchase description, not including a brand name specification;

(3)The nature of the product or the nature of the purchasing agency's requirements makes use of a brand name or equal specification suitable for the procurement; or (4) Use of a brand name or equal specification is in the purchasing agency's best interests.

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Any specification shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the purchasing agency's needs, and may not be unduly restrictive. Brand name or equal specifications may be used if the purchasing agency determines in writing that: (1) No other design or performance specification or qualified products list is available; (2) Time does not permit the preparation of another form of purchase description, not including a brand name specification; (3) The nature of the product or the nature of the purchasing agency's requirements makes use of a brand name or equal specification suitable for the procurement; or (4) Use of a brand name or equal specification is in the purchasing agency's best interests.