Office of State Auditor - Consultant Contracts

All consultant contracts entered into by state agencies are required to be on file with the Office of State Auditor.

SDCL 1-24A-1.   Consulting contracts filed with state auditor -- Time. A copy of all consulting contracts entered into by a state agency with a non-governmental party shall be filed by the agency with the state auditor within five days after such contract is entered into and finally approved by the contracting parties.

SDCL 1-24A-2.   "State agency" defined. The term "state agency," as used in §   1-24A-1, means any association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty.

SDCL 1-24A-3.   "Consulting contract" defined. The term "consulting contract," as used in §   1-24A-1, means a written contract or written agreement for consulting services to the state paid out of contractual services accounts as defined by the state accounting manual, in effect as of January 1, 1980.

SDCL  5-18-21.   Order by state auditor to stop letting or execution of improper contract. The state auditor is authorized to stop the letting or the execution of any contract with the state, or with any state officer, commission, board, institution, or agency by serving a written notice of such order, stating the grounds on which he has determined that such contract is illegal, unauthorized, or improper, on the officer, commission, or board involved, the secretary of state, the attorney general, and on the contractor, if any.
 

Please review the following guidelines before drafting a consulting contract.

IRS 20 Factors used to Establish an Employer-Employee Relationship

State Auditor's Guidelines for Drafting Consulting Contracts

For more information contact: Robert A. Swanson
 

Office of State Auditor, Capitol Building, 2nd Floor, 500 East Capitol, Pierre, SD 57501-5070
Phone: (605) 773-3341 - Routine Business     Fax:  (605) 773-5929
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