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Reciprocal Preference Law
South Dakota (SD)
 
Preference 
Conditions                                                                                                                                         
 
Up to 5% to Grade A milk processors
 
South Dakota Codified Laws (SDCL) 5-18A-24
 
Any milk processor licensed pursuant to §39-6-7, bidding any milk or milk product under a competitive bid contract shall receive the bid contract if the processor's bid is equal to or within 5% or less of any other bidder who is not a licensed processor. 
 
Source:  SL 2010, Ch. 31 § 27.
 

Preferences​

SDCL 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 the quality, a purchasing agency shall give preference to:

     
     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 any, including delivery, shall be considered.
 
Source:  SL 2010,Ch.31 § 28.
 

Resident Bidder

SDLC 5-18A-1 (26)

A Resident bidder shall be allowed a preference on a contract against the bid or a bidder from any other state or foreign province that enforces or has a preference for resident bidders.   The preference given to the resident bidder shall be equal to the preference in the other state or foreign province.

Source: SL 2010, Ch. 31 § 29.

Definitions

"Qualified agency" is any public or private nonprofit corporation geographically located in the State of South Dakota that provides services for persons with disabilities and is certified by the Department of Human Services.  

 
"Resident" is any person, partnership, association, limited liability company foreign limited liability company, corporation or foreign corporation licensed to do business within this state that has maintained a substantial and bona fide place of business and has conducted business from within this state for at least one year prior to the date on which the contract was awarded. 
 

"Foreign Corporation" licensed pursuant to §§ 47-1A-1501 to 47-1A-1532, inclusive, is not a considered a resident if the state or country in which it is organized enforces or has a preference for resident bidders.

Source:  SL 2010, Ch. 31 § 2.