{"data":{"id":"us-sd/sdcl-5-18b-43","jurisdiction":"us-sd","citation":"SDCL § 5-18B-43","heading":"Criteria for construction manager engagement.","body":"Unless the construction manager-agent is an employee of the purchasing agency and provides the construction management services pursuant to such employment, no purchasing agency may engage the services of a construction manager except as follows:\n(1) The purchasing agency shall first make the following determinations:\n(a) That it is in the public interest to utilize the services of a construction manager; and\n(b) That the construction management services would not unreasonably duplicate and would be in addition to the normal scope of separate architect or engineer contracts;\n(2) Notwithstanding any other provisions of this chapter, no construction manager may contract to perform actual construction on the project, except as follows:\n(a) The construction manager may perform general conditions of the construction contract as required by the owner;\n(b) The construction manager is a construction manager-at-risk and was solicited through a qualification-based request for proposals method of procurement as provided in § 5-18B-44 and the construction manager-at-risk, for any actual construction contracted by the construction manager-at-risk to be performed on the project, provides payment and performance bonds and competitively bids the work as required by any statute governing bidding and bonding for public improvement projects;\n(c) Pursuant to a contract awarded on an emergency basis, pursuant to § 5-18A-9; or\n(d) Pursuant to a contract negotiated pursuant to subdivision 5-18A-5(9); and\n(3) No person, firm, or corporation may act as a construction manager-agent and also as a contractor on any public improvement, except as follows:\n(a) Pursuant to a contract awarded on an emergency basis, pursuant to § 5-18A-9; or\n(b) Pursuant to a contract negotiated pursuant to subdivision 5-18A-5(9).","path":["TITLE 5. PUBLIC PROPERTY, PURCHASES AND CONTRACTS","CHAPTER 5-18B. PROCUREMENT OF PUBLIC IMPROVEMENTS"],"source_url":"https://sdlegislature.gov/Statutes/5-18B-43","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"a76089e733dd1b2682018379a989c8e1d609da12414247d1930278d2030ef896","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-5-18b-42","next":"us-sd/sdcl-5-18b-44"},"notice":"GroundRules: Original legal text. Not legal advice."}