2011 South Dakota Code
Title 5 PUBLIC PROPERTY, PURCHASES AND CONTRACTS
Chapter 18A. Public Agency Procurement--General Provisions
§5-18A-18 Specifications to promote economy and encourage competition--Circumstances under which brand name or equal specifications permitted.
5-18A-18. Specifications to promote economy and encourage competition--Circumstances under which brand name or equal specifications permitted. 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.
Source: SL 2010, ch 31, § 19.
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