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     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, ยง 28.


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