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