5-18A-25. Preferences to certain resident businesses, qualified agencies, and businesses using South Dakota supplies or services.In awarding a contract, if all things are equal, including the price and quality of the supplies or services, a purchasing agency shall give preference:(1)To a qualified agency if the other equal low bid or proposal was submitted by a business that was not a qualified agency;(2)To a resident business if the other equal low bid or proposal was submitted by a nonresident business;(3)To a resident manufacturer if the other equal low bid or proposal was submitted by a resident business that is not a manufacturer;(4)To a resident business whose principal place of business is located in the State of South Dakota, if the other equal low bid or proposal was submitted by a resident business whose principal place of business is not located in the State of South Dakota; or(5)To a nonresident business providing or utilizing supplies or services found in South Dakota, if the other equal low bid or proposal was submitted by a nonresident business not providing or utilizing supplies or services found in South Dakota.In computing price, the cost of transportation, if if the other equal low bid or proposal was submitted by a nonresident business not providing or utilizing supplies or services found in South Dakota.In computing price, the cost of transportation, if any, including delivery, shall be considered. Source: SL 2010, ch 31, §28.
South Dakota Legal Code