SUMMARY OF P3 LEGISLATIVE STATUS:
Does this state have broadly enabling P3 legislation?
P3 statutory authority is not currently enabled for transportation infrastructure, municipal facilities or environmental projects in South Dakota.
Does the state allow for unsolicited proposals?
South Dakota's current statutory authority does not address any allowance for submission and consideration of unsolicited proposals for P3s infrastructure projects.
What is the P3 contract approval authority?
Agency of jurisdiction.
What is the state's P3 procurement process?
Fair and open competitive bidding is the standard for procurement of goods and services in support of the needs of the citizens of the state of South Dakota.
Does the state have resources dedicated to P3s?
There is not a currently identified central agency or authority involved in procurement and management of P3 projects. The Office of Procurement Management is responsible for the procurement of all supplies, materials and equipment required by state agencies and institutions, except when otherwise provided for in state law.
Is this a Home Rule state, with limitations or opportunities for P3?
South Dakota employs Dillon's Rule to all municipalities; which allows the state legislature to control local government structure, methods of financing its activities, its procedures and the authority to undertake certain procurement functions.
Does this state have programmatic requirements for MWDBE participation?
Compliance with Federal mandates related to DBE participation is required for projects involving Federal funding.
Does this state have programmatic requirements for labor participation?
Davis-Bacon governs prevailing wage for applicable labor categories involving Federally funded projects.
Does this state have programmatic requirements for performance security?
Compliance with Federal mandates related to payment and performance guarantees is required for projects involving Federal funding (i.e., Miller Act).
For what types of financing programs are P3 projects eligible?
State transportation projects may be eligible for TIFIA financing support, but there is no provision for private sector investment in public infrastructure. Water projects may be eligible for WIFIA financing support; but there are no comparable private investment provisions for water-related projects.
What project types or asset classes are eligible for P3s in this state?
There are no P3 eligible asset classes in South Dakota.
Are there projects where the P3 procurement method has been applied?
There have not been any P3 procurements for public works infrastructure in South Dakota.